FIRE INVESTIGATION ORDINANCE, 1895

FIRE INVESTIGATION ORDINANCE, 1895

No. 8 of 1895.

An an ordinance to authorise judicial investigations into the
causes of fire.
[18th December, 1895.]

1. This Ordinance may be cited as the Fire Investigation
ordinance, 1895.

2. Whenever a fire has taken place on any premises, or has
been attempted, the Captain Superintendent of Police shall,
as soon as possible, take possession of such premises and of
any other premises where the fire is supposed to have

As ainended by Law Rev. Ord., 1923,





Originated, to the exclusion, if he deems it necessary, of the
owners and all others; and he shall make or cause to be
made, either personally or by some officer of not lower grade
than an inspector of police, a full and minute inspection of
such premises, and shall forthwith make a written report it)
detail to a magistrate of the state of the said premises and of
the contents, if any, thereof, furnishing also all such informa-
tion touching the origin and circumstances of the fire as he
may be able to obtain

3. on the receipt of such report, the magistrate, unless,
on consideration of the facts stated therein, he is of opinion
that such inquiry is unnecessarym shall proceed to investigate
the causes of the fire, and shall, with as lettle delay as
practicable, take the depositionsupon oath of all persons
likely to know the facts and cirucmstances and of all other
persons who, in his opinion, may be able to furnish informa-
tion in respect thereof.

4. it shall be lawful for any inspector of police, or for any
interested person, with the leave of the magistrate, to
examine at such investigation, either in person or by counsel
or solicitor, the witnesses, and to cause such persons to be
examined as may give due and proper information touching
such case of fire.

5. if, in the opinion of the magistrate, the investigation
does not disclose any offence or, althought it discloses and
offence, does not show any reasonable cause for suspecting any
person of having committed such offence, the magistrate
shall close the inquiry and order the release of the premises;
provided that such closure and release shall be no bar to
any information or proceedings against any person for an
offence against the law,

6. if in the opinion of the magistrate, the fire is the
result of crime, and there is reasonable cause to suspect and
be does suspect any person of having committed an offence
against the law, he shall have power to commit such person
to prison to answer any charge that may be brought against
\ him or to require him to give security, to his satisfaction,
to appear and surrender to answer any such charge, and,
on such charge, the magistrate may take the evidence as in
other cases.

7. For the purpose of this Ordinance, and in relation to
all investigations held thereunder, and for the summoning
of witnesses, and for all proceedings in connexion witb such
investigations, the magistrate shall have all the powers
possessed by a magistrate in relation to cases of indictable
offences, and the Captain Superintendent of Police shall
render him all proper and necessary assistance.

8. Except on an order from the magistrate, who may, on
good cause shown, give such order, every person who removes
or attempts to remove any property from premises in
possession of the police under this ordinance shall upon
summary conviction be liable to a fine not exceeding one

hundred dollars, or to imprisonment for any term not exceed-
ing six months.
[Originally No. 29 of 1895. Law Rev. Ord., 1923.] Short title. In case of fire Captain superintendent to take possession of premises and report. Inquiry by magistrate into cases of fire. Examination of witnesses. Close of inquiry and release of premises. Committal of suspected person to answer charge. Power to summon witnesses, etc. Removing property from premises burned, etc.

[Originally No. 29 of 1895. Law Rev. Ord., 1923.] Short title. In case of fire Captain superintendent to take possession of premises and report. Inquiry by magistrate into cases of fire. Examination of witnesses. Close of inquiry and release of premises. Committal of suspected person to answer charge. Power to summon witnesses, etc. Removing property from premises burned, etc.

https://oelawhk.lib.hku.hk/items/show/1163

1923

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No. 8 of 1895

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