FIRE INVESTIGATION ORDINANCE

FIRE INVESTIGATION ORDINANCE

CHAPTER 12.

FIRE INVESTIGATION.

To authorize judicial investigations into the causes of fire.

[18 December, 1895]

1. This Ordinance may be cited as the Fire Investiga-
tion Ordinance.

2. Whenever a fire has taken place on any 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 there-
of, 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 exclu-
sion, if he deems it necessary, of the owners and all others ;
and he shall make or cause to be made, by the police officer
in charge of the district or by such police officer as shall be
deputed by the superintendent in charge of the division, a
full and minute inspection of such premises, and shall forth-
with make a written report in detail to a magistrate of the
state of the said premises and of 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 magistrate,
unless, on consideration of the facts stated therein, he is of
opinion that such inquiry is unnecessary, 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 or the police officer in charge of the
district or such police officer as shall be deputed by the
superintendent in charge of the division and any interested
person may by leave of the magistrate and either personally
or by his counsel or solicitor examine the witnesses and
cause to be examined such persons as may be able to give
information touching the fire or the attempt as aforesaid.





5. If, in the opinion of the magistrate, the investiga-
tion does not disclose any offence or, nithough it discloses
an offence, does not show any reasonable cause for suspect-
ing any person of having committed such offence, the magis-
trate 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 answer any charge that may be brought
against him or to require him to give security, to his satis-
faction, 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, any 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 of five hundred
dollars, or to imprisonment for six months.

9. The provisions of this Ordinance shall apply to a
ship or boat or any other description of vessel used in naviga-
tion, not being a vessel exceeding sixty tons, in the same
manner as such provisions apply to premises, and in respect
of any such vessel the report referred to in section 2
shall be given to a marine magistrate, and the duties and
powers to be exercised under this Ordinance by a magistrate
shall be exercised by such marine magistrate.
Originally 29 of 1895. Fraser. 8 of 1895. 12 of 1940. 9 of 1950. 22 of 1950. Short title. In case of fire Commissioner of Police to take possession of premises and report. 12 of 1940, s. 2. Inquiry by magistrate into causes of fire. Examination of witnesses. 12 of 1940, s. 3. Close of inquiry and release of premises. Committal of suspected person answer charge. Power to summon witnesses, etc. Removing property from premises burned, etc. 22 of 1950, Schedule. Application to vessels. 9 of 1950, Schedule.

Originally 29 of 1895. Fraser. 8 of 1895. 12 of 1940. 9 of 1950. 22 of 1950. Short title. In case of fire Commissioner of Police to take possession of premises and report. 12 of 1940, s. 2. Inquiry by magistrate into causes of fire. Examination of witnesses. 12 of 1940, s. 3. Close of inquiry and release of premises. Committal of suspected person answer charge. Power to summon witnesses, etc. Removing property from premises burned, etc. 22 of 1950, Schedule. Application to vessels. 9 of 1950, Schedule.

https://oelawhk.lib.hku.hk/items/show/1659

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