FIRE INVESTIGATION ORDINANCE, 1895

FIRE INVESTIGATION ORDINANCE, 1895

No. 8 of 1895.

An 0.rdinance to authorize judicial investigations into the
causes of fire.
[28th December, 1895.]

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





- 2. Whenever a fire has taken place on any 1 premises, or
there is . reason to suppose that an attempt has been or is
about to be made to set fire to any premises or part thereof,
the *Commissioner of Police shall, as soon as possible, take
possession of such premises and of any other. premises where
the fire is supposed to have originated, to the exclusion,
if he deems it necessary, of the owners i and all others; and
he shall make or cause to be made, either personally or by
some officer of police of grade not lower than inspector, a
full and minute inspection, of such premises, and shall forthwith
make a written report in detail to a magistrate of the stat6 of
the said premises and of the contents, if any, thereof, furnishing
also all such information touching the origin and circumstances
of the fire as he may be able to obtain.

3. On the receipt of such report, the magis;rate, unless,
on consideration of the facts stated therein, he is of opinion
that such inquiry is unnecessaryi shall proceed to investigate
the causes of the fire, and shall, with as little delay as practicable,
take the depositions upon oath of all persons likely to know
the facts and circumstances and of all other persons who, in
his opinion, may be able to furnish information in respect
thereof.

4. At such investigation any police officer not below the rank
of inspector and any interested person may by leave of the magis-
trate and either personally or by his counsel or solicitor examine
the witnesses and cause such persons to be examined as may be
able to give information touching the fire or the attempt as
aforesaid.

S.' If, in the opinion of the magistrate, the investigation
does not disclose any offence or, although. it discloses an 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 he does
suspect any person' of having committed an offence against the
law, he shall have power to commit such person to prison to

As ainended by Law Rev. Ord., 1937.
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 purposes of this Ordinance, and in relation to
all investigations held thereunder, and for the summoning of
witnesses, and for all proceedings in connexion with such
investigations, the magistrate shall have all the powers possessed
by a magistrate in relation to cases of indictable offences, and
the Commissioner 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 con-
viction be liable to a fine not exceeding, one hundred dollars., or
to imprisonment for any term not. exceeding six months.
[Originally No. 29 of 1895. No. 18 of 1929. Law Rev. Ord., 1937.] Short title. In case of fire Commissioner of Police to take possession of premises and report. Inquiry by magistrate into causes 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. No. 18 of 1929. Law Rev. Ord., 1937.] Short title. In case of fire Commissioner of Police to take possession of premises and report. Inquiry by magistrate into causes 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/1452

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