FIRE INVESTIGATION ORDINANCE

FIRE INVESTIGATION ORDINANCE

LAWS OF HONG KONG

FIRE INVESTIGATION ORDINANCE

CHAPTER R 12

10

REVISED EDITION 1980

PRINTED AND PUBLISHED BY THE GOVERNMENT PRINTER
HONG KONG





CHAPTER 12

FIRE INVESTIGATION

To authorize judicial investigations into the causes of fire

(Amended, 50 of 1911, and 1 of 1912, Schedule)

[18 December 1895.]

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

(Amended, 5 of 1924, s. 6)

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 thereof, the Commissioner of Police may,
if he thinks fit, 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 and ad 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
forthwith 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.

(Replaced, 27 of 1937, Schedule. Amended, 12 of 1940,

s. 2, and 48 of 1961, s. 2)

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.
(Replaced, 27 of 1937, Schedule.Amended, 12 of 1940, s. 3)





5. 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.

(Replaced, 21 of 1980, s. 2)

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
satisfaction, to appear and surrender to answer any such charge, and,
on such charge, the magistrate may take the evidence as in other cases.

(Amended, 50 of 1911, s. 4, and 1 of 1912, Schedule)

6A. The magistrate may, at any time, if any premises have been
taken into the possession of the Commissioner of Police under section
2, order the release of the premises.

(Added, 21 of 1980, s. 3)

6B. The closure of an inquiry or the release of premises under this
Ordinance shall be without prejudice to any proceedings against any
person for an offence against the law.

(Added, 21 qf 1980, s. 3)

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 be liable on summary conviction to a fine of $500, or to
imprisonment for 6 months.

(Amended, 30 of 1911, s. 10; 50 of 1911; 1 of 1912, Schedule;

51 of 1911; 2 of 1912, Schedule; 21 of 1912; 5 of 1924,

Schedule, and 22 of 1950, Schedule)

9. The provisions of this Ordinance shall apply to a ship or boat or
any other description of vessel used in navigation, not being a vessel
exceeding 300 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.

(Added, 9 of 1950, Schedule. Amended, 17 of 1975. Schedule)
Originally 29 of 1985. (Cap. 12, 1950.) 30 of 1911. 50 of 1911. 51 of 1911. 1 of 1912. 2 of 1912. 21 of 1912. 5 of 1924. 27 of 1937. 12 of 1940. 9 of 1950. 22 of 1950. 48 of 1961. 17 of 1975. 21 of 1980. Short title. In case of fire Commissioner of Police may take possession of premises and report. Inquiry by magistrate into causes of fire. Examination of witnesses. Close of inquiry. Committal of suspected person to answer charge. Release of premises. Closure of inquiry or release of premises without prejudice to proceedings. Power to summon witnesses, etc. Removing property from premises burned, etc. Application to vessels.

Originally 29 of 1985. (Cap. 12, 1950.) 30 of 1911. 50 of 1911. 51 of 1911. 1 of 1912. 2 of 1912. 21 of 1912. 5 of 1924. 27 of 1937. 12 of 1940. 9 of 1950. 22 of 1950. 48 of 1961. 17 of 1975. 21 of 1980. Short title. In case of fire Commissioner of Police may take possession of premises and report. Inquiry by magistrate into causes of fire. Examination of witnesses. Close of inquiry. Committal of suspected person to answer charge. Release of premises. Closure of inquiry or release of premises without prejudice to proceedings. Power to summon witnesses, etc. Removing property from premises burned, etc. Application to vessels.

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