FIRE SERVICES ORDINANCE

FIRE SERVICES ORDINANCE

LAWS OF HONG KONG

FIRE SERVICES ORDINANCE

CHAPTER 95





CHAPTER 95

FIRE SERVICES ORDINANCE

ARRANGEMENT OF SECTIONS

Section Page

PART I

PRELIMINARY

1. Short title ...................................................................................................................
.............................................3
2. Interpretation .......................... 3

PART II

CONSTITUTION, DUTIES AND
POWERS

3. Constitution 5
4. Terms of service of members of the Fire Services Department 5
5. Administration of Fire Services Department by Director 5
6. Delegation of powers 5
7. Duties of Fire Services Department 6
8. General powers of entry 6
9. Abatement of fire hazards 8
9A. Recovery of expenses incurred in carrying out work under section 9(3A) 13
9B. Obstruction and locking of means of escape 13
9C. Removal of obstruction or lock 14
9D. Interpretation in sections 9B and 9C is
10. Powers of Fire Services Department on occasion of fire 15
11. Power to fix fire hydrant and emergency water supply location plates 16

PART III

DISCIPLINE

12.........................................Offences against discipline generally 16
13.........................................Offences against discipline by senior officers 16
13A........................................Liability of subordinate officers and members of other ranks to summary
dismissal upon abscondment ..............16
14.........................................Offences against discipline by subordinate officer and member of other ranks 17
14A........................................Criminal offences by subordinate officers and members of other ranks 18
14B........................................Appeals and review 18
14C........................................Payment for loss or damage to property 19
15.........................................Penal deductions from emoluments 20
16.........................................Removal of doubt 20

17. [Repealed]............................................................
...................................................... 21





Section Page

PARTIV
WELFARE FUND

18. Establishment of fund .................21
19. Control of fund .......................21

19A........................................Interpretation of 'member' in sections 18 and 19 22

PART V
MISCELLANEOUS
20.........................................Fire Services Department orders 22
21.........................................Damage done at a fire 22
22.........................................Protection of members of Fire Services Department 23
23.........................................Special duty and expenses thereof 23
24.........................................[Repealed] 23
25.........................................Power to make regulations 23
26.........................................Amendment of Schedules 24
27.........................................Offences 24
28.........................................False alarms of fire 25

First Schedule..............................Offences against discipline 25
Second Schedule.............................Part I-Rules of procedure for the investigation into offences against
discipline by subordinate officers and members of other ranks 26
Part II-Rules for awarding punishment where a criminal offence has
been committed by a subordinate officer or a member of other ranks 27
Third Schedule..............................Punishment of subordinate officers and members of other ranks for
offences against discipline .......28
Fourth Schedule.............................Rights of appeal and related provisions 29
Fifth Schedule..............................Forms 30
Sixth Schedule..............................Ranks in the Fire Services Department 33
Seventh Schedule............................Posts specified for the purposes of section 3(2) 34





CHAPTER 95

FIRE SERVICES

To make better provision as to the constitution, duties and powers of
the Fire Services Department and as to the discipline of members
thereof and to make provision for the prevention of fire hazards
and for a welfare fund; and to regulate the registration of fire
service installation contractors and to provide for the control of
the sale, supply, installation, repair, maintenance and inspection
of fire service installations or equipment; and for purposes
connected with the matters aforesaid.

(Amended, 42 of 1961, s. 2; 1 of 1964, s. 2, and 45 of 1971, s. 2)

[13 August 1954.1

PART I

P1. This Ordinance may be cited as the Fire Services Ordinance.
(Amended, 42 of 1961, s. 3)

2. In this Ordinance, unless the context otherwise requires-

'calamity' means an occurrence by which life or property is
endangered; (Added, 1 of 1961, s. 2)

'Director' means the Director of Fire Services; (Replaced, 42 of
1961,s.2)

'fire hazard' means

(a) (b) [Deleted, 4 of 1985, s. 2]

(c)any removal from any building of any fire service installation
or equipment which was provided in such building in
accordance with plans certified by the Director for the
purposes of section 16 of the Buildings Ordinance;

(d)the presence in any building of any fire service installation or
equipment which from lack of proper maintenance or for any
other reason is not in efficient working order; (Amended, 56 of
1969, s. 2)





(e)inadequate means of egress from any premises in a building to
street level outside the building or using such means of egress
for a purpose which gives rise to any circumstance described
in paragraph (f); (Added, 56 of 1969, s. 2. Amended, 29 of
1975, s. 2)

(f)any other matter or circumstance which materially increases the
likelihood of fire or other calamity or the danger to life or
property that would result from the outbreak of fire or the
occurrence of any other calamity, or which would materially
hamper the Fire Services Department in the discharge of its
duties in the event of fire or other calamity;

(Added, 1 of 1964, s. 3)

'fire service installation or equipment' means any installation or
equipment manufactured, used or designed to be used for the
purposes of

(a) extinguishing, attacking, preventing or limiting a fire;

(b) giving warning of a fire;

(c)providing access to any premises or place for the purpose of
extinguishing, attacking, preventing or limiting a fire; (Added,
45 of 1971, s. 3)

'Hong Kong Regulations' means the Regulations of the Hong Kong
Government;

'member' means a person holding any rank in the Fire Services
Department set out in the Sixth Schedule; (Replaced, 29 of
1975,s.2)

'member of other ranks' means a member holding a rank set out in Part
III of the Sixth Schedule; (Added, 29 of 1975, s. 2)

,,occupier' means in the case of domestic buildings a person resident
therein and in the case of other buildings means a person carrying
on an occupation full-time in such building; (Added, 29 of 1975, s.
2)

,,owner'

(a)in respect of any premises, has the meaning assigned to it by
section 2 of the Buildings Ordinance; and

(b)in respect of any fire service installation or equipment, includes
the occupier or the owner of the premises in or on which the
fire service installation or equipment is installed or kept;
(Replaced, 45 of 1971, s. 3)

'premises' includes any place, but excludes any vessel; (Added, 1 of
1964, s. 3. Amended, 55 of 1981, s. 2)

'senior officer' means a member holding a rank set out in Part 1 of

the Sixth Schedule;(Replaced, 29 of 1975, s. 2)





'subordinate officer' means a member holding a rank set out in Part II
of the Sixth Schedule; (Replaced, 29 of 1975, s. 2)

'tenant' includes sub-tenant; (Added, 54 of 1986, s. 2)

,'vessel' includes-

(a)any ship, junk, boat, dynamically supported craft, seaplane or
any other description of vessel used in navigation; and

(b)any other description of vessel not used in navigation or not
constructed or adapted for use in navigation. (Added, 55 of
1981, s. 2)

PART 11

CONSTITUTION, DUTIES AND POWERS

3. (1) The Fire Services Department shall consist of such senior
officers, subordinate officers and members of other ranks as the
Governor may direct.

(2) A person holding a post in the Fire Services Department
specified in the Seventh Schedule shall be deemed to be a member of
the Department for the purposes of sections 6(2), 22, 23, 27(1) and 28.
(Amended, 4 of 1986, s. 2)

(Replaced, 29 of 1975, s. 3)

4. The Pensions Ordinance and the Pensions Regulations the
Public Service Commission Ordinance and the Public Service Com-
mission Regulations, Colonial Regulations and Hong Kong
Regulations for the time being in force, save in so far as is otherwise
provided therein or in this Ordinance or in any regulations made under
this Ordinance, shall apply to all members. (Amended, 15 of 1979,s.8)

5. The Director, subject to the orders and control of the Governor,
shall be charged with the supreme direction and administration of the
Fire Services Department.

(Amended, 42 of 1961, s. 2)

6. (1) Save where the contrary intention appears from the context of
any enactment and subject to any special instructions of the Director, a
Deputy Director of Fire Services may exercise or discharge any of the
powers or duties which the Director by any enactment is entitled to
exercise or required to discharge.

(2) Save where the contrary intention appears from the context of
any enactment and subject to any special instructions of the Governor,
the Director may authorize any member, not being below the rank of
subordinate officer, by name, office or appointment, to exercise or
discharge any of the powers or duties which the Director by any
enactment is entitled to exercise or required to discharge. (Amended, 29
of 1975, s. 4)





(3) For the avoidance of doubt, nothing in this section shall be
deemed to derogate from any power of delegation conferred upon the
Director by the provisions of any other enactment.

(Replaced, 42 of 1961, s. 4)

7. The duties of the Fire Services Department shall be to-

(a) extinguish fires; (Replaced, 55 of 1981, s. 3)

(b) protect life and property in case of fire or other calamity;

(Replaced, 55 of 1981, s. 3)

(c)give advice on fire protection measures and fire hazards as
occasion requires; (Replaced, 55 of 1981, s. 3)

(d)assist any person who appears to need prompt or immediate
medical attention by

(i) securing his safety;

(ii) resuscitating or sustaining his life;

(iii) reducing his suffering or distress;

(e) convey-

(i) any person referred to in paragraph (d) to a hospital or
other place where medical attention is available to him; and

(ii) in co-operation with the proper authorities, any person
to or from any hospital or clinic to or from any other place,
and administer care and attention to any person so conveyed;

(,f carry out such other duties as may be imposed on it by law or
by any direction of the Governor; and

(g)do any thing which is necessary or desirable to carry out
effectively any duty which is specified in this section or
imposed under paragraph (f).

(Replaced, 29 of 1975, s. 5)

8. (1) Subject to this section, the Director or any person authorized
by him in writing on producing, if so required, the writing showing his
authority, shall have a right to enter any premises at all reasonable
hours for the purpose of

(a)ascertaining whether there is, or has been, on or in connexion
with the premises, any contravention of any of the provisions
of this Ordinance;

(b)obtaining information required for fire-fighting purposes with
respect to the character of the premises, the available water
supplies and the means of access thereto, and other material
circumstances;

(c) ascertaining whether or not there exists any fire hazard;





(d)the performance by the Director or by the Fire Services
Department of his or its powers or duties under any enactment:

Provided that the Director, or any person authorized by him in
writing, shall not exercise the right of entry conferred by this subsection
in respect of such premises as are not a place of public entertainment or
public assembly, factory, workshop or workplace nor premises
otherwise used for business purposes, unless 24 hours' notice in
writing of the intended entry has been given to the occupier.

(2) If it is shown to the satisfaction of a magistrate or justice of the
peace on sworn information in writing

(a)that admission to any premises has been refused, or that
refusal is apprehended, or that the premises are unoccupied or
the occupier is temporarily absent, or that the case is one of
urgency, or that an application for admission would defeat the
object of the entry; and

(b)that there is reasonable ground for entry into the premises for
any purpose specified in subsection (1); and

(c)the notice of the intention to apply for the warrant has been
given to the occupier of the premises, or that the premises are
unoccupied, or that the occupier is temporarily absent, or that
the case is one of urgency, or that the giving of such notice
would defeat the object of the entry,

the magistrate or justice of the peace may by warrant in the form of Form
1 in the Fifth Schedule authorize the Director, or any person authorized
by the Director in writing in that behalf, to enter the premises, if need be
by force. (Amended, 29 of 1975, s. 6)

(3) The Director or any person entering any premises by virtue of
this section, or of a warrant issued hereunder, may take with him such
persons as may be necessary, and on leaving any unoccupied premises
which he has entered by virtue of such a warrant shall leave them as
effectually secured against trespassers as he found them to be at the
time of entry.

(4) Every warrant granted under this section shall continue in force
until the purpose for which the entry is necessary has been satisfied.

(5) If any person who, in compliance with this section or a warrant
issued hereunder, enters a factory, workshop, workplace or premises
used for business purposes discloses to any person any information
obtained by him in the factory, workshop or workplace or premises used
for business purposes with regard to any manufacturing process or
trade secret, he shall, unless such disclosure was made in the
performance of his duty, be guilty of an offence and shall be liable to a
fine of $5,000. (Amended, 25 of 1982,s.2)

(Added, 1 of 1964, s. 4)





9.(1) (a) The Director, if satisfied of the existence in or on any
premises of any fire hazard, may serve

(i) upon the person by reason of whose act, default or
sufferance the fire hazard arose or continues; or

(ii) if such person is the servant or agent of some other
person, upon such other person; or

(iii) if such person or such other person, as the case may
be, cannot readily be found or is absent from the Colony,
upon the owner, tenant, occupier or person in charge of the
premises in or on which such fire hazard exists,

a notice in the form of Form 2 in the Fifth Schedule (in this
section referred to as a fire hazard abatement notice) requiring
him to abate the fire hazard within the period specified in the
notice, and to do all such things as may be necessary for that
purpose, and the notice may, if the Director thinks fit, specify
any works to be executed for the purpose aforesaid.
(Amended, 56 of 1969, s. 3 and 54 of 1986,s.3)

(b) [Deleted, 54 of 1986, s. 31

(c)Any notice served under this section may be served by
registered post. (Added, 56 of 1969, s. 3)

(IA) The Director may, by notice in writing served either
personally or by registered post, require

(a)any person upon whom he serves a notice under subsection
(1); or

(b)any person whom he reasonably suspects of being the person
by reason of whose act, default or sufferance the fire hazard
arose, or continues,

to give correct particulars of his name and address and produce proof
of his identity to the Director before the expiry of such time being not
less than 24 hours as may be specified in the notice.

(Added, 54 of 1986, s. 3)

(IB) The reference in subsection (IA) to a person's identity shall be
construed in accordance with the definition of 'proof of identity' in
section 17B of the Immigration Ordinance. (Added, 54 of 1986, s. 3)

(1 C) Any person who-

(a)without reasonable excuse, fails to comply with a requirement
under subsection (IA) before the expiry of the time specified in
the notice; or

(b)furnishes particulars which he knows to be false in connexion
with a requirement under subsection (IA),

shall be guilty of an offence and shall be liable to a fine of $5,000.
(Added, 54 of 1986, s. 3)





(2) Where the person by reason of whose act, default or
sufferance a fire hazard arose or continues cannot be found and it is
clear that the fire hazard neither arose nor continues by reason of
any act, default or sufferance on the part of the owner, tenant,
occupier or person in charge of the premises in or on which it
exists, the Director may abate the hazard and may do what is
necessary to prevent a recurrence thereof. (Amended, 54 of
1986,s.3)

(3) Where a fire hazard abatement notice is served on any
person pursuant to subsection (1), then, if either-

(a)the fire hazard to which the notice relates arose by reason
of the wilful act or default of that person; or

(b)that person fails to comply with any of the requirements of
the notice within the time specified therein,

he shall (whether or not an order under subsection (4) has been made
in respect of him) be guilty of an offence and shall be liable to a fine
of 525,000 and, where the offence is the failure to comply with any
of the requirements of a notice within the time specified therein,
to a fine of $2,500 for each day during which the offence continues.
(Amended, 25 of 1982, s. 3)

(3AA) Where at any time any person is convicted of an offence
under subsection (3), the magistrate may of his own motion or upon
the application of the Director, make an order in respect of that
person in Form 3 in the Fifth Schedule (in this section referred to
as a 'fire hazard order'). (Added, 54 of 1986, s. 3)

(3AB) A fire hazard order shall be in addition to any penalty
imposed in respect of an offence under subsection (3). (Added,
54 of 1986, s. 3)

(3A) Where a fire hazard abatement notice is served on any
person under subsection (1) and-

(a) that person-
(i) fails to abate the fire hazard within the time specified
in the notice; or
(ii) causes, permits or suffers the fire hazard to recur at
any time within a period of 12 months after the date of
service of the notice; and

(b)the Director is satisfied that the fire hazard to which the
notice relates-
(i) constitutes an immediate and substantial danger of
fire in or on the premises; or
(ii) is likely, if fire breaks out in or on the premises, to
increase substantially the normal risk to life which occurs
in the event of a fire,

the Director may cause to be carried out in or on the premises such
work as appears to him to be necessary to abate the fire hazard and
to prevent a recurrence thereof.(Replaced, 54 of 1986, s. 3)





(M) Notwithstanding section 6, the Director may authorize
the Deputy Director or any Chief Fire Officer to exercise the powers
and duties conferred on him by subsection (3A) but he shall not be
empowered to authorize any other person to exercise any of those
powers or duties. (Added, 56 of 1969, s. 3)

(4) Where a fire hazard abatement notice is served on any
person under subsection (1) and-

(a)whether or not that person has been convicted of an
offence under subsection (3) he fails to comply with any of
the requirements of the notice within the time specified
therein; or

(b)the fire hazard, whether or not abated since the service of
the notice, recurs, or is in the opinion of the Director likely
to recur,

the Director may make a complaint to a magistrate's court and the
magistrate hearing the complaint may make a fire hazard order in
Form 3 in the Fifth Schedule. (Replaced, 54 of 1986, s. 3)

(4A) Where any person upon whom a fire hazard abatement
notice is served under subsection (1) causes, permits or suffers the
fire hazard to recur at any time within a period of 12 months after
the date of service of the notice, he shall be guilty of an offence
and shall be liable on conviction to a fine of 525,000 and to a fine of
$2,500 for each day during which the offence continues. (Added,
54 of 1986, s. 3)

(5) A fire hazard order may be-

(a)an abatement order, that is to say, an order which requires
a person to comply with all or any of the requirements of a
fire hazard abatement notice in connexion with which the
order is made, or otherwise to abate the fire hazard or to
do what may be necessary to prevent the recurrence of the
fire hazard within the period specified in the order; or

(b)a prohibition order, that is to say, an order which prohibits
the recurrence of the fire hazard; or

(c) [Deleted, 54 of 1986, s. 3]

(d) a combination of such orders.

(6) [Deleted, 54 of 1986, s. 3]

(7) An abatement order or a prohibition order shall, if the
person in respect of whom the order is made so requires or if the
court making the order considers it desirable, specify the works to be
executed by such person for the purpose of abating, or of preventing
the recurrence of, the fire hazard to which the order relates.

(7A) Where a fire hazard abatement notice is served on any
person under subsection (1) and it is proved to the satisfaction of a
magistrate's court on the sworn information of the Director that-





(a)not less than 24 hours notice in writing served either
personally or by registered post of intention to swear the
information was given by the Director to the person upon
whom a notice was served under subsection (1); and

(b)the fire hazard continues and the cause of the fire hazard is the
structural character of the premises concerned or the location
of the premises having regard to the nature of the area in
which the premises are situate; and

(c)the premises are being used for a purpose which may
materially increase the likelihood of fire or other calamity or
danger to life or property resulting from the outbreak of fire or
the occurrence of any other calamity in or on the premises,

the magistrate may make an order in Form 3A in the Fifth Schedule (in
this section referred to as a 'closing order') prohibiting the use of the
premises for the purpose specified therein. (Added, 54 of 1986,s. 3)

(8) A magistrate's court if satisfied that any premises in respect of
which a closing order is in force has been rendered suitable for the use
specified in the order may declare that it is so satisfied and revoke the
closing order. (Amended, 56 of 1969, s. 3)

(9)(a) Any person who without reasonable excuse knowingly
contravenes a fire hazard order or a closing order shall be
guilty of an offence and shall be liable to a fine of $50,000 and
to a fine of $5,000 for each day during which the offence
continues. (Amended, 25 of 1982, s. 3 and 54 of 1986, s. 3)

(b)Without prejudice to paragraph (a), where a fire hazard order
has not been complied with the Director may, subject to
subsection (1 10)(c), abate the fire hazard and may do
whatever may be necessary in execution of the order, and may
recover any expenses reasonably incurred thereby from the
person against whom the order was made.

(10) Part VII of the Magistrates Ordinance shall apply in relation to
proceedings in a magistrate's court under this section subject to the
following provisions

(a)in the event of an appeal against a fire hazard order or a
closing order, the order shall be suspended pending the
determination or abandonment of the appeal and, in the case
of an order other than an order quashed in the appeal, the time
for compliance with the requirements thereof shall not
commence to run until the determination or abandonment of
the appeal; (Amended, 54 of 1986, s. 3)





(b)in the case of a fire hazard order which is or includes a
prohibition order or requires structural works or a closing
order, if the appeal is dismissed or abandoned, then,
notwithstanding paragraph (a), the appellant shall be liable to
a fine of $5,000 for each day, during which the order was not
complied with, after the expiry of the time that would have
been permitted for compliance with the requirements of the
order if there had been no appeal against the order, until the
day immediately preceding the day of the dismissal or
abandonment of the appeal, unless he satisfies the court
hearing the appeal in the case of an appeal which is dismissed,
or the court before which proceedings are taken for the
recovery of the fine in the case of an appeal which was
abandoned, that there was substantial ground for the appeal
and that the appeal was not brought merely for the purpose of
delay; and in the case of an appeal which is dismissed, the
fine (if any) imposed under this paragraph shall be imposed by
the court hearing the appeal, and in the case of an appeal
which was abandoned the maximum fine of $5,000 for each day
aforesaid shall, for the purpose of proceedings for the
recovery thereof, be deemed to have been imposed by the
court before which such proceedings are taken but so,
however, that the court may reduce or cancel the amount of
the fine if it sees fit; (Amended, 54 of 1986, s. 3)

(c)in the event of an appeal against a fire hazard order which
requires the execution of structural work, no work, save as
hereinafter mentioned, shall be done pursuant to subsection
(9)(b) under the order until after the determination or
abandonment of the appeal:

Provided that, if the court by which the order was made
is of opinion that the nature of the fire hazard is such as to
require immediate abatement, the court may, notwithstanding
that the appeal is pending, authorize the Director immediately
to abate the hazard, so, however, that

(i) if the appeal is allowed, the Director shall pay to the
person against whom the order was made the amount of any
damage sustained by him by reason of the abatement of the
hazard by the Director; and

(ii) if the appeal is dismissed or abandoned the Director
may recover from such person the expenses incurred by him
in abating the hazard.

what is necessary to prevent the recurrence of, a fire hazard
may be sold by public auction, or, if the Director thinks the
circumstances of the case require it, may otherwise be sold, or
may be disposed of without sale.





(b)The money arising from the sale of any property under this
subsection may be retained by the Director and applied in
payment of the expenses incurred by him in connexion with the
abatement of the fire hazard and the surplus, if any, shall be
paid

(i) to the owner of such property if he applies therefor
within 12 months of the date of sale; or

(ii) into the general revenue of the Colony if, or to the extent
to which, the surplus is not disposed of under sub-paragraph
(i).

(Added, 1 of 1964, s. 4. Amended, 29 of 1975, s. 7)

9A. (1) The expenses incurred by the Director in carrying out work
under section 9(3A) shall be a debt due to the Crown and, subject to
subsection (2) of this section, shall be recoverable in the District Court
from the person upon whom the fire hazard abatement notice was
served.

(2) It shall be a defence for any person against whom an action is
brought under subsection (1) to satisfy the court that

(a)the fire hazard to which the fire hazard abatement notice relates

(i) did not constitute an immediate and substantial danger
of fire in or on the premises where the fire hazard was found;
and

(ii) was not likely, if fire had broken out in or on the
premises, to increase substantially the normal risk to life
which occurs in the event of a fire; or (Amended, 29 of
1975,s.8)

(b)the fire hazard was due to the act or omission of some person
other than the person upon whom the fire hazard abatement
notice was served.

(3) Nothing in this section shall be construed as affecting any right
which the person upon whom a fire hazard abatement notice has been
served may have to a contribution, indemnity or damages from any
other person.

(Added, 56 of 1969, s. 4)

9B. (1) Any person-

(a) who sets out or leaves or causes to be set out or left; or

(b)who being the owner, tenant, occupier or person in charge of
any premises permits or suffers to be set out or left,

any matter or thing which obstructs or may obstruct the means of
escape in any premises shall be guilty of an offence.





(2) Any person-

(a) who secures or causes to be secured; or

(b)who being the owner, tenant, occupier or person in charge of
any premises permits or suffers to be secured,

the means of escape in any premises by any lock or other device which
in the event of fire or other calamity--

(i) cannot readily and conveniently be opened from within the
premises without the use of a key; or

(ii) might render escape materially more difficult,

shall be guilty of an offence.

(3) Any person who is guilty of an offence under subsection (1) or
(2) shall be liable

(a) on first conviction to a fine of $25,000;

(b)on second or subsequent conviction, to a fine of $50,000 and
imprisonment for 1 year; and

(c)in any case to a fine of $5,000 for each day during which the
offence continues.

(4) In any proceedings under subsection (3), a document
purporting to be a certificate signed by the Director stating that the
person named in the certificate was on a date specified in the certificate
convicted of an offence contrary to subsection (3) shall be admitted in
evidence on its production without further proof, and until the contrary
is proved it shall be presumed that

(a) the person who signed the certificate was the Director; and

(b)the person named in the certificate was on the date specified
therein convicted of an offence contrary to subsection (3).

(Added, 54 of 1986, s. 4)

9C. (1) Where at any time any person is convicted of an offence
under section 9B, the court may of its own motion or upon the
application of the Director, make an order in respect of that person in
Form 4 in the Fifth Schedule (in this section referred to as a 'removal
order').

(2) A removal order shall be in addition to any penalty imposed in
respect of an offence under section 9B.

(3) A removal order shall require the person in respect of whom it is
made within the time specified in the order

(a)where that person is convicted of an offence under section
9B(1), to remove the matter or thing to which that offence
relates; or

(b)where that person is convicted of an offence under section
9B(2), to remove the lock or other device to which that offence
relates.





(4) If the person in respect of whom a removal order is made fails to
comply with any requirement thereof, within the time specified therein

(a)such person shall be guilty of an offence and shall be liable
on conviction to a fine of $50,000 and to a fine of $5,000 for
each day during which the offence continues; and

(b)the Director may execute, or cause to be executed any work
necessary to give effect to the requirements of the removal
order and may recover in the District Court any expenses
incurred thereby from such person as a debt due to the
Crown.

(Added, 54 of 1986, s. 4)

9D. In sections 9B and 9C-

'matter or thing' in relation to any premises, means any matter or thing
not being an installation, fitting or fixture required by the use or
intended use of the premises; and

'means of escape' in relation to any premises, means such means of
escape in case of emergency as may be required for the safety of
persons having regard to the use or intended use of the premises.

(Added, 54 of 1986, s. 4)

10. The Director or other member in charge of the Fire Services
Department or any contingent thereof on the occasion of a fire or other
calamity may- (Amended, 1 of 1961, s. 4; 42 of 1961, s. 2, and 29 of 19
75, s. 9)

(a)take such measures as may appear to him to be necessary or
expedient for the protection of life and property;

(b)remove or order any member under his command to remove
any person interfering by his presence or actions with the
operations of the Fire Services Department; (Amended, 42 of
1961, s. 2)

(c)by himself or members under his command enter, break into or
through and take possession of or demolish or cause to be
taken possession of or demolished any premises or thing for
the purpose of putting an end to the fire or minimizing the
effect of the calamity; (Amended, 1 of 1961,s.4)

(d) close any street near the site of the fire or calamity;

(Amended, 1 of 1961, s. 4)

(e) use any convenient supply of water.





11. (1) Upon giving 7 days' notice in writing to the owner of
any property situate in the vicinity of a fire hydrant or emergency
water supply, the Director may cause a plate indicating the location
of such fire hydrant or water supply to be fixed to such part of the
property as may, in the opinion of the Director, be best suited to
indicate such location. (Amended, 42 of 1961, s. 2)
(2) Any person who refuses to allow the fixing of any such
plate as is referred to in subsection (1) or obstructs any person in the
course of the fixing thereof or removes or defaces any such plate
after it has been so fixed shall be guilty of an offence and shall be
liable to a fine of $1,000.
(Added, 1 of 1961, s. 5)

PART 111

DISCIPLINE

12. Any member who commits any of the offences against
discipline specified in the First Schedule shall be liable to be
dismissed or otherwise dealt with as provided in this Ordinance and
in regulations made thereunder.
(Amended, 33 of 1956, s. 2)

13. Whenever it is alleged that any senior officer has been guilty
of an offence against discipline or whenever an investigation is being
undertaken into any conduct which may amount to the commission
of an offence against discipline by a senior officer- (Amended, 50
of 1978, s. 2)
(a)the provisions of Colonial Regulations and Hong Kong
Regulations which relate to interdiction shall apply;

(b)the matter shall be investigated and the senior officer dealt
with in the appropriate manner provided by the said
regulations and orders for allegations of misconduct made
against a public officer.

13A. (1) Where a subordinate officer or member of other
ranks is absent from duty without leave for a period exceeding 21
days and the Director is satisfied that-

(a)the subordinate officer or member of other ranks cannot be
traced; or

(b)on being required by notice in writing (sent to an address
or addresses through which it may be reasonably expected
to reach him) to give, within the period specified in the
notice, an excuse for his absence, the subordinate officer or
member of other ranks has failed to give any excuse or to
give an excuse that is acceptable,

the Director may dispense with an investigation and summarily
dismiss the subordinate officer or member of other ranks.





(2) Where a subordinate officer or member of other ranks is
summarily dismissed by the Director pursuant to subsection (1), he
may appeal against such dismissal in accordance with the Fourth
Schedule.
(Added, 55 of 1981, s. 4)

14. (1) The Director may interdict a subordinate officer or
member of other ranks from the exercise of the powers and functions
of his office whenever---

(a) he is charged with an offence against discipline; or

(b)an investigation is being undertaken into any conduct
which may amount to the commission of an offence
against discipline and the Director considers that it is
contrary to the public interest for the subordinate officer or
member of other ranks to continue to exercise the powers
and functions of his office.

(2) A subordinate officer or member of other ranks who is
interdicted under subsection (1)(b) shall be entitled until such time as
he is charged with a disciplinary offence to the full amount of the
emoluments of his office which he would have received if he had not
been interdicted.

(3) A subordinate officer or member of other ranks who-

(a) is interdicted under subsection (1)(a); or

(b)having been interdicted under subsection (1)(b), is charged
with a disciplinary offence,

shall receive such proportion of the emoluments of his office, not
being less than one-half, as the Director thinks fit.

(4) Whenever it is alleged that a subordinate officer or member
of other ranks has committed a disciplinary offence, investigation
shall be made into the allegation in the manner provided for by Part
1 of the Second Schedule and punishment may be awarded in
accordance with the provisions of the Third Schedule.

(5) Notwithstanding section 6(2), the Director shall not
authorize any other member to exercise the power of dismissal
conferred on him by the Third Schedule.

(6) If proceedings against a subordinate officer or member of
other ranks do not result in any punishment he shall be entitled to
the full amount of the emoluments which he would have received if
he had not been interdicted.

(7) If a punishment other than dismissal is awarded, any
subordinate officer or member of other ranks may be paid such
proportion of the emoluments withheld as a result of his interdiction
as the Governor thinks fit where the punishment is imposed by the
Governor or as the Director thinks fit in every other case.





(8) A subordinate officer or member of other ranks who is under
interdiction may not leave Hong Kong without the permission of the
Director.

(Replaced, 50 of 1978, s. 3)

14A. (1) If criminal proceedings have been, or are likely to be,
instituted against a subordinate officer or member of other ranks, or an
investigation is being undertaken into any conduct which may amount
to the commission of a criminal offence by such officer or member, he
may be interdicted and paid emoluments in accordance with section 14
which shall (except subsection (4)) apply, with all necessary
modifications, to an interdiction under this subsection.

(2) If in criminal proceedings before any court a subordinate officer
or member of other ranks is found guilty of or pleads guilty to a criminal
offence and any appeal in or other application for review of those
proceedings is not allowed or is withdrawn, the officer or member may
be punished in accordance with Part 11 of the Second Schedule.
(Amended, L.N. 262178)

(3) Notwithstanding subsection (1), a subordinate officer or
member of other ranks who is found guilty of or pleads guilty to a
criminal offence which in the opinion of the Director is serious enough
to warrant his dismissal shall not, as from the time when he is found or
pleads guilty as aforesaid or when he is interdicted (whichever is the
later), be paid any emoluments of his office pending consideration of
the case in accordance with Part 11 of the Second Schedule.

(4) In this section, 'criminal proceedings' and 'criminal offence'
include respectively--

(a) criminal proceedings in, and

(b) a criminal offence against the law of,

any place outside Hong Kong.

(Replaced, 50 of 1978, s. 4)

14B. (1) The provisions in the Fourth Schedule shall have effect for
the purpose of

(a)conferring on a subordinate officer or a member of other ranks
the rights of appeal against a finding or punishment set out in
that Schedule; and

(b)making provision as to the bringing and disposal of such
appeals and the procedure therefor.

(2) Any restriction in law on the power of the Governor to delegate
the hearing of an appeal shall not apply to an appeal referred to in
subsection (1).

(3) Where a subordinate officer or member of other ranks has been
found guilty of a disciplinary offence and has been punished by the
Director or another member, the Director may, of his own





motion, within 14 days of the finding or the punishment (if it was
awarded on a later day), and in accordance with the provisions of
the Fourth Schedule, review the finding or punishment or both, and
within 14 days of the punishment he may review the punishment
awarded following a plea of guilty to a disciplinary offence.
(Added, 29 of 1975, s. 11)

14C. (1) Where the Governor or the Director has found a
subordinate officer or member of other ranks guilty of an offence
against discipline, the Governor or the Director may, in addition to
any punishment that the Governor or the Director is empowered to
award in accordance with the provisions of the Third Schedule,
order such subordinate officer or member of other ranks to pay to
the Government in full or in part-

(a)the cost of repairing or replacing any article of clothing,
equipment or property whatsoever entrusted or supplied to
him in his capacity as a subordinate officer or member of
other ranks which has been lost or damaged by him;

(b)the cost of repairing or replacing any Government pro-
perty lost or damaged by him; or

(c)the amount of any compensation paid, ex gratia or other-
wise, by the Government to any person in respect of the
loss or damage of that person's property caused by the
subordinate officer or member of other ranks,

but only in each case if the loss or damage has resulted from the
neglect or fault of such subordinate officer or member of other ranks
and the amount ordered to be paid does not exceed his salary for one
month.

(2) The Director may require a subordinate officer or member
of other ranks to pay to the Government in full or in part-

(a)the cost of repairing or replacing any article of clothing,
equipment or property whatsoever entrusted or supplied to
him in his capacity as a subordinate officer or member of
other ranks which has been lost or damaged by him;

(b)the cost of repairing or replacing any Government pro-
perty lost or damaged by him; or

(c)the amount of any compensation paid, ex gratia or other-
wise, by the Government to any person in respect of the
loss or damage of that person's property caused by the
subordinate officer or member of other ranks,

but only in each case if the loss or damage has resulted from the
neglect or fault of such subordinate officer or member of other ranks
and the amount ordered to be paid does not exceed his salary for
one month.





(3) For the purpose of enabling due inquiry to be made as to
whether a subordinate officer or member of other ranks should be
required to pay any amount under subsection (2), affording him due
opportunity to make representations and enabling any requirement
under that subsection to be appealed against and reviewed, Part III
shall apply mutatis mutandis to and in respect of such a requirement
as it applies to and in respect of a finding of guilty of an offence
against discipline in accordance with the provisions of the Third
Schedule and an award of punishment.
(Added, 4 of 1986, s. 3)

15. (1) The following penal deductions may be made from the
emoluments due to a member-

(a)all emoluments for every day of absence either on desertion
or without leave;

(b)the sum required to pay any fine or other sum ordered to
be paid on conviction for a criminal offence or for an
offence against discipline.

(2) For the purposes of subsection (1)--

(a)no member shall be treated as absent unless the absence
has lasted 6 hours or upwards except where the absence
prevented the prompt dispatch of any contingent, appli-
ance, ambulance, fire boat, or vehicle of the Fire Services
Department in answer to any call; (Amended, 42 of
1961,s.2)

(b)the number of days shall be reckoned as from the time
when the absence commences.

16. For the avoidance of doubt it is hereby declared that-

(a)if criminal proceedings have been, or are likely to be,
instituted against a senior officer, or an investigation is
being undertaken into any conduct which may amount to
the commission of a criminal offence by a senior officer, he
may be interdicted from duty and paid emoluments in
accordance with Colonial Regulations and Hong Kong
Regulations; (Replaced, 50 of 1978, s. 5)

(b)a senior officer who in criminal proceeding before any
court is found guilty of or pleads guilty to any offence may
be punished in accordance with Colonial Regulations and
Hong Kong Regulations; (Replaced, 29 of 1975, s. 12)

(c)nothing in this Part shall be construed to preclude the
summary dismissal of any member in accordance with
Colonial Regulations and Hong Kong Regulations;

(d)nothing in this Part shall be construed to preclude the
termination of the employment in accordance with
Colonial Regulations of a member on the ground that,





having regard to the conditions of the public service, the
usefulness of the member thereto and all the other
circumstances of the case, such termination is desirable in the

public interest.(Added, 33 of 1965, s. 4)

17. [Repealed, 29 of 1975, s. 13]

PART IV

WELFARE FUND

18. There shall be established a fund to be known as the Fire
Services Department Welfare Fund which shall consist of(Amended, 42
of 1961, s. 2)

(a)all fines inflicted upon m embers for offences against
discipline;

(b)all sums paid for the service of members detailed to do special
duty under section 23 and for the use of equipment furnished
therefor; (Amended, 33 of 1956, s. 5)

(c)all illegal gratifications given or offered to members, and all
presents the receipt of which is prohibited by Hong Kong
Regulations given or offered to members;

(d) any donations and voluntary contributions thereto;

(e) such sums as may be voted by the Legislative Council.

19. The Fire Services Department Welfare Fund shall be controlled
by the Director, subject to regulations made under section 25, and
applied

(a)in recompensing members for extra services rendered by them;

(b) for the purpose of-

(i) procuring comforts, convenience and other benefits,
which are not chargeable to public revenue, for, and

(ii) granting loans to, members, former members who have
retired on pension, gratuity or other allowance or persons who
were wholly or partially dependent on a deceased member or
former member at the time of his death;

(c)in making grants to persons who were wholly or partially
dependent at the time of his death on a deceased member, or a
deceased former member who had retired on pension, gratuity
or other allowance, and who are in need of financial assistance,
whether towards the payment of the funeral expenses of the
deceased member or deceased former member or otherwise.
(Added, 36 of 1978, s. 2)

(Replaced, 29 of 1975, s. 14)





19A. In sections 18 and 19, 'member' includes any person
employed in the Fire Services Department.

(Added, 4 of 1986, s. 4)

PART V

MISCELLANEOUS

20. (1) The Director may make orders called 'Fire Services
Department General Orders' not inconsistent with the provisions of-
(Amended, 42 of 1961, s. 2)

(a) this Ordinance and any regulations made thereunder;

(b) the Stores Regulations of the Government;

(c)Colonial Regulations and Hong Kong Regulations, as modified
by this Ordinance and by regulations made thereunder.

(2) Such orders may provide for-

(a)the control, direction and information of the Fire Services
Department; (Amended, 42 of 1961, s. 2)

(b) discipline;

(c) training;

(d) classifications and promotions;

(e) inspections, drills, exercises and parades;

(f) welfare;

(g) departmental finance;

(h) buildings, grounds, stores, furniture and equipment;

(i) services to be performed by members;

(j)the manner and form of reports, correspondence and other
records;

(k)the performance of any act which may be necessary for the
proper carrying out of the provisions of this Ordinance or any
regulations made thereunder or of any other enactment or for
the discharge of any duty imposed by law on the Fire Services
Department; (Amended, 42 of 1961,s.2)

(1)such other matters as may be necessary or expedient for
preventing abuse or neglect of duty, for rendering the Fire
Services Department efficient in the discharge of its duties and
for carrying out the objects of this Ordinance. (Amended, 42 of
1961, s. 2)

21. Any damage done by the Fire Services Department in the
execution of its duties on the occasion of a fire shall be deemed to be
damage by fire within the meaning of any policy of insurance against
fire.

(Amended, 42 of 1961, s. 2)





22. (1) No member acting bona fide under powers conferred by this
Ordinance shall be liable to any action for damages for any act done or
omitted to be done by him in connexion with his duties on the occasion
of a fire or other calamity. (Amended, 1 of 1961, s. 7, and 42 of 1961, s. 2)

(2) Where a member has done or omitted to do any thing in
connexion with his duties which he is empowered to do or omit to do on
the occasion of a fire or other calamity, and it is subsequently
discovered that a fire or other calamity had not in fact occurred, such
act or omission shall be deemed to have been done or omitted pursuant
to this Ordinance if it was done or omitted in good faith and would have
been lawfully done or omitted if a fire or other calamity had in fact
occurred. (Added, 29 of 1975, s. 15)

23. (1) On the application of any person, the Director may, if he
thinks fit, detail any member to do special duty in, upon or about any
premises, vessel, vehicle or aircraft specified by the applicant and for
the purpose furnish such equipment as he may deem necessary.
(Amended, 33 of 1956, s. 6; 42 of 1961, s. 2, and 29 of 1975,s. 16)

(2) The applicant shall pay to the Director for the services of any
member so detailed and for the use of equipment so furnished such fees
as the Director may think fit. (Amended, 33 of 1956, s. 6, and 42 of 1961, s.
2)

(3) All fees so received by the Director shall be paid by him into
the Treasury forthwith to the credit of the Fire Services Department
Welfare Fund and be accounted for monthly and shall be recoverable
by action in like manner as other Crown debts. (Amended, 42 of 1961, s.
2)

24. [Repealed, 4 of 1985, s. 31

25. The Governor in Council may by regulation provide for-

(a)discipline and punishment of subordinate officers and
members of other ranks; (Amended, 29 of 1975, s. 17)

(b)the administration of the Fire Services Department Welfare
Fund; (Amended, 42 of 1961, s. 2)

(c) description of uniforms and equipment to be provided;

(d)such other matters as may be necessary or expedient for
rendering the Fire Services Department efficient in the
discharge of its duties; (Amended, 42 of 1961, s. 2)

(e) the making and issue of reports and certificates regarding-

(i) fires or other calamities attended by the Fire Services
Department; (Amended, 42 of 1961, s. 2)

(ii) premises, vessels or other property damaged by fire;





(iii) matters relating to fire risks or fire precautions in or
connected with any premises, vessel or other property,

and fees to be charged in relation thereto; (Added, 1 of
1961,s.8)

the registration and de-registration of fire service installation
contractors and fees to be charged in relation thereto;
(Added, 45 of 1971, s. 4. Amended, 34 of 1986, s. 2)

(g)the appointment, powers and procedure of a disciplinary
board in relation to fire service installation contractors;
(Added, 45 of 1971, s. 4)

(h)the control of the sale, supply, installation, repair,
maintenance and inspection of fire service installations or
equipment; (Added, 45 of 1971, s. 4)

(ha) fees or charges payable in respect of carrying into effect the
provisions of the Ordinance (other than provisions relating to
the discharge of any duty imposed by law on the Fire Services
Department), whether similar or not to any matter mentioned
in this sectioin; (Added, 34 of 1986, s. 2)

(i)generally, for the carrying into effect of the provisions of the
Ordinance in relation to any matter, whether similar or not to
those in this section mentioned, as to which it may be
convenient to make regulations.

26. The Governor in Council may by regulation amend-

(a)the Sixth and Seventh Schedules to show respectively the
ranks in the Fire Services Department and the posts specified
for the purposes of section 3(2) in such manner as he thinks fit;
and

(b)any other Schedule to make therein any provision which he
could make by regulation under section 25.

(Replaced, 29 of 1975, s. 18)

27. (1) Any person who resists or obstructs any member acting in
the execution of his duty shall be guilty of an offence and hall be liable
to a fine of $2,000 and to imprisonment for 6

months. (Amended, 29 of 1975, s. 19and25 of 1982,s.5) (2)
Any member who(a) deserts;

(b)on the occasion of a fire or other calamity wilfully disobeys a
lawful command of a member whom it is his duty to obey,
(Amended, 29 of 1975, s. 19)

hall be guilty of an offence and shall be liable to a fine of $1,000 and

imprisonment for 6 months.(Amended, 25 of 1982, s. 5)





(3) Any person who, not being a member, wears, without
permission of the Director, the uniform of the Fire Services Department,
or any dress having the appearance or bearing any of the distinctive
marks of that uniform, shall be guilty of an offence and shall be liable to
a fine of $5,000 and to imprisonment for 6 months. (Amended, 42 of 1961,
s. 2, and 29 of 1975, s. 19)

28. Any person who gives or causes to be given an alarm of fire or
other calamity which he knows to be false to the Fire Services
Department or to any member shall be guilty of an offence and shall be
liable to a fine of $1,000 and to imprisonment for 6 months.

(Added, 17 of 1959, s. 2. Amended, 42 of 1961, s. 2, and 29 of 1975, s.
20)

FIRST SCHEDULE [s. 12.1

Offences Against discipline

Any member commits an offence against discipline who

(1) is guilty of cowardice in the performance of his duty;

(2)without good and sufficient cause fails to carry out any lawful order,
whether written or verbal;

(3) is insubordinate towards any member whose orders it is his duty to obey;
(4) (a)neglects or without good and sufficient cause fails to do, promptly and
diligently, anything it is his duty to do;

(b)by carelessness or neglect in the performance of his duty contributes
to the occurrence of any loss, damage or injury to any person or
property;

(5)knowingly makes any false, misleading, or inaccurate statement in
connexion with his duty either verbally or in writing;

(6)with intent to deceive destroys any official record, document or book or
alters or erases any entry therein;

(7) without proper authority-

(a) divulges any matter which it is his duty to keep secret;

(b)directly or indirectly communicates to the press or to any other
person any matter which may have come to his knowledge in the
course of his official duties;

(c)publishes any matter or makes any public pronouncement relating to
the Fire Services Department; (Amended, 42 of 1961, s. 2)
(8) (a)solicits or receives any unauthorized fee, gratuity or other
consideration in connexion with his duties as a member;

(b)fails to account for, or to make a prompt and true return of, any
money or property for which he is responsible, either in connexion
with his duties as a member or with any fund connected with the Fire
Services Department or the Fire Services Department staff;
(Amended, 42 of 1961,s.2)

(c) improperly uses his position as a member;

(9) without proper authority or reasonable excuse--







(a) absents himself from duty or from any place of parade;

(b) arrives late for any duty or parade;





equipment, or any implement, accountrement or appointment
whatever, with which he has been provided or entrusted, or fails to
take proper care thereof;

(b)neglects to report any damage to, or loss of, any article of clothing
or equipment, or any implement, accountrement or appointment
whatever, with which he has been provided or entrusted;

(11)when on duty, or called upon for duty, is unfit for duty by reason of
intoxicating drink or of drugs taken otherwise than under medical
direction; (Amended, 29 of 1975, s. 21)

(12)when on or off duty acts in a disorderly manner, or in any manner
prejudicial to discipline, or likely to bring discredit upon the Fire Services
Department or the public service; (Amended, 42 of 1961, s. 2)

(13)is guilty of anything, whether by reason of contravention of Hong Kong
Regulations or otherwise, which amounts to misconduct in a public office.

SECOND SCHEDULE [s. 14.1

PART I

Rules of procedure for the investigation into offences
against discipline by subordinate officers and members of
other ranks

1. Every charge shall be entered on a charge sheet.

2. Every charge shall be investigated by the Director in the first instance
without delay in the presence of the accused and a full record thereof be made by
the Director. (Amended, 42 of 1961, s. 2)

3. The charge shall be read and explained to the accused.

4. Evidence shall not be on oath.

5. The accused shall have full liberty to cross-examine any witness against
him and to call any witnesses and make any statement in his defence.

6. No documentary evidence shall be used against the accused unless he has
previously been supplied with a copy thereof or has been given access thereto.

7. The Director may at any stage of the proceedings amend the charge or add
a new charge:

Provided that in such event the amended or new charge shall be read and
explained to the accused who shall be entitled to have any witnesses who have
given evidence recalled for further cross-examination and to call such further
witnesses as he may desire. (Amended, 42 of 1961, s. 2)

8. At the conclusion of the hearing of a charge, the Director shall(Amended,
42 of 1961, s. 2)

(a)if in his opinion the evidence does not show that some offence against
discipline has been committed, dismiss it;

(b)if in his opinion the evidence does show that some offence against
discipline has been committed, either

(i) award a punishment within his powers; or
(ii) refer the case to the Governor.

9. (1) Whenever the Director refers a case to the Governor under rule 8(b) he






shall forward- (Amended, 42 of 1961, s. 2)

(a)a typed copy of the record of proceedings (including the charge) certified
by himself to be a true copy of the original thereof,





(b) a report setting out

(i) his reasons for considering the charge proved;

(ii) his recommendations whether as regards punishment or otherwise;
(Amended, G.N.A. 61156)

(c) the accused's conduct sheet.

(2) Whenever the Director so refers a case he shall inform the accused that he
may within 14 days forward any further representations he may wish to make in
writing to the Governor. (Amended, 42 of 1961, s. 2)

10. Upon reference to him of a case and after consideration of any
representations in writing of the accused, the Governor shall

(a) if he is of opinion that the charge has not been proved, either

(i) dismiss it; or

(ii) order either further investigation by the Director, or a fresh
investigation in such manner and by such person or persons as he
may think fit; (Amended, 42 of 1961, s. 2)

(b)if he is of opinion that the charge is proved, or if, after any further or
fresh investigation ordered under paragraph (a), he is of such opinion,
shall award a punishment within his powers. (Amended, G.N.A. 61156
and 29 of 1975, s. 22)

11. Every punishment awarded shall be entered in the conduct sheet of the
member so punished.

12. Where the Director has delegated any function, power or duty to another
member pursuant to section 6(2), references in rules 8, 9 and 10

(a)to the Director, shall be read as if they were references to that other
member; and

(b) to the Governor, shall be read as if they were references to the Director,
but any case referred to the Director by another member pursuant to rule 8(b) (as
modified by this rule) may be referred to the Governor by the Director in
accordance with rules 9 and 10. (Added, 29 of 1975, s. 22)

PART II [s. 14A.]
subordinate officer or a member of other ranks

1 In the case of a subordinate officer, the Director shall as soon as
practicable

(a) refer the case to the Governor; and

(b)notify the subordinate officer that he has done so and that the subordinate
officer may make representations in writing to the Governor in mitigation
of punishment within 14 days of receiving such notice or within such
further period as the Governor may allow.

2. In referring a case under rule 1 the Director shall send to the Governor-

(a) a copy of the record of the proceedings;

(b) the officer's conduct sheet; and

(c)the recommendation of the Director with respect to punishment or






otherwise.

3. The Governor may, after considering any representations made by the
officer, award any one or more of the punishments which he may award under
paragraph (1) of Part I of the Third Schedule in respect of a disciplinary offence
by a subordinate officer.





4. In the case of a member of other ranks, the Director shall notify the
member that he may make representations in writing in mitigation of punishment
within 14 days of receiving such notification and, after considering any such
representations, may award any one or more of the punishments which he may
award under Part II of the Third Schedule.

(Part II added, 29 of 1975, s.
22)

THIRD SCHEDULE [s. 14.1

Punishment of subordinate officers and members of other
ranks
for offences against discipline

PART I-SUBORDINATE
OFFICERS

Subordinate officers found guilty of an offence against discipline may be
awarded punishments as follows

(1) by the Governor-

(a) any one or more of the following(i)
dismissal;

(ia) compulsory retirement either with pension, gratuity or other
allowances or without such benefits or with reduced benefits;
(Added,55of 1981,s.5)

(ii) reduction in rank;

(iii) stoppage or deferment of increment; (Amended, 1 of 1964, s. 7)

(iv) fine;

(v) severe reprimand;

(vi) reprimand;

(vii) extra duties; (Amended, 29 of 1975, s. 23)

(b) [Deleted, 4 of 1986, s. 51

(2) by the Director any one or more of the following-

(a) reduction in rank;

(b) stoppage or deferment of increment;

(c) a fine not exceeding one month's salary (excluding allowances);

(d) severe reprimand;

(e) reprimand;

(f) extra duties. (Replaced, 29 of 1975, s. 23)

PART II-MEMBERS OF OTHER RANKS

Members of other ranks found guilty of an offence against discipline may be

punished by the Director or the Governor-
(a) by any one or more of the following-







(i) dismissal;
(ia) compulsory retirement e'other -allow--
ances or without or withoutbonefits -,(Added, 55 of
1981's.5)
(ii) reduction in rank;
(iii) stoppage or deferment of increment;

(iv) a fine not exceeding one month's salary (excluding allowances);
(v) severe reprimand;
(vi) reprimand;
(vii) extra duties.





(b) [Deleted, 4 of 1986, s. 51

(Part II replaced, 29 of 1975, s.
23)

FOURTH SCHEDULE [s. 14B.]

Rights of appeal and related provisions

1. A subordinate officer or member of other ranks (including one who has
been dismissed) may appeal, in accordance with the following rules, against

(a)a finding by the Director or other member that he is guilty of a
disciplinary offence;

(b)any punishment awarded by the Director or other member, other than
under rule 4;

(c)any order or requirement for payment in respect of loss or damage made
by the Director under section 14C. (Added, 4 of 1986, s. 6)

2. A member of other ranks may also appeal, in accordance with the following
rules, against a punishment awarded to him by the Director under Part II of the
Second Schedule.

3. The appeal shall lie-

(a)to the Governor, in respect of afinding made or punishment awarded by
the Director; and

(b) to the Director, in all other cases.

4. Upon an appeal, the Governor or the Director, as the case may be, may-

(a) confirm or reverse the finding;

(b) confirm the punishment;

(c)subject to rule 9, substitute any other punishment which could have been
awarded in the first instance;

(d)remit the punishment in full or in part without substituting any other
punishment;

(e)if he dismisses an appeal against a finding and no punishment has been
awarded, treat the appeal as if it were a case referred to him for
punishment and award any punishment or take any other action which he
is authorized to take.

5. Upon a review under section 14B(3) the Director may exercise any of the
powers in rule 4(a), (b), (c) or (d).

6. An appeal shall be made in writing within 14 days from the day on which
the subordinate officer or member of other ranks is informed that he hag been
found guilty of an offence or from any later day on which punishment is awarded
for that offence.

7. For the purpose of any appeal against a finding, the Governor or the
Director, as the case may be, may

(a)take again the whole or any part of the evidence or accept in whole or in
part the record of the evidence already taken; and

(b) hear any additional evidence which he may consider relevant,







and the Director may exercise the like powers where he reviews a finding under
section 14B(3).

8. In the event of an appeal, any punishment (other than a reprimand or
severe reprimand) awarded to a subordinate officer or a member of other ranks
shall be suspended until the appeal is disposed of or abandoned.

9. Neither the Director nor the Governor shall award a greater punishment
under rules 4 and 5 without first allowing the subordinate officer or member of
other ranks a reasonable opportunity to be heard or to make representations in
writing as to why the punishment should not be increased.

(Fourth Schedule added, 29 of 1975, s.
25)





FIFTH SCHEDULE [s. 8(2)]

FORM 1

FIRE SERVICES ORDINANCE

(Section 8(2))

Warrant to effect entry in premises

WHEREAS application has been made by or on behalf of the Director of Fire
Services to me, C.D., a magistrate/justice of the peace of the Colony of Hong Kong,

for authority to enter certain premises
.......................................................................

..................................... (here insert description of premises),

and whereas I, C.D., and satisfied by information on oath that there is reasonable

ground for entry to such premises and that
................................................................

..................................... (here insert ground on which warrant is issued):

Now, THEREFORE, 1, the said C.D., do hereby authorize the Director of Fire
Services or any person authorized by the Director of Fire Services in writing in
that behalf to enter the said premises, if need be by force, taking with him such
persons as may be necessary.

Dated this ..........day of 19

[IS.]

(Signed)
...........................................................
.......

Magistrate1Justice of the Peace.

(Added, 1 of 1964, s. 8)

FORM 2 [s. 9(1)(a).]

FIRE SERVICES ORDINANCE

(Section 9(1)(a))

Fire Hazard Abatement Notice

TO
............................................................................................
...........................

.....................................1
(name and address of person by reason of whose own or whose

servant's or agent's act, default or sufferance the fire hazard arose or continues, or
owner, tenant, occupier or person in charge of the premises at which the fire
hazard exists, as the case may be).

1. TAKE NOTICE that under section 9 of the Fire Services Ordinance the

Director of Fire Services, being satisfied of the existence at
.......................................







..... (premises where fire hazard exists) of a

fire hazard being
.................................................................................................
........
(describe the fire hazard) does hereby require you within
..........................................

(specify the time) from the service of this notice, to abate the fire hazard and for
that

purpose to
.................................................................................................
..................

............... (specify works to be
executed).

2. If you make default in complying with the requirements of this notice you
are liable to prosecution for an offence under section 9(3) of the Fire Services
Ordinance. Upon conviction, a court may impose a maximum fine of $25,000 and
$2,500 for each day during which the offence continues. Application may also be
made for an order against you requiring the abatement of the fire hazard or
prohibiting its recurrence or both and for recovering the costs which may be
incurred thereby.

Dated this ..........day of 19

(Signed)
...................................................
....

Director of Fire Services.

(Replaced, 54 of 1986, s.
5)





FORM 3 [s. 9(4).]

FIRE SERVICES ORDINANCE

(Section 9(4))

Fire Hazard Order

To A.B. of
.......................................................................................................... (or to the
owner, tenant, occupier or person in charge of) (describe premises) situate

..................................... (insert such

description of the situation as may be sufficient to identify the premises).

WHEREAS the said A.B. (or, the owner, tenant, occupier or person in charge

of the said premises, namely .........

has this day appeared before me/us . ........................................................................
(describing the court), to answer the matter of a complaint made by ....................

etc. that at .........................etc. (follow the words of complaint
in summons):

[(or, in the case where the party charged does not appear, say, in place of the
foregoing)

WHEREAS it has been now proved to my/our satisfaction that a summons has
been duly served requiring the said A.B. (or the owner, tenant, occupier or person
in charge of the said premises) to appear this day before me/us to answer the
matter

of a complaint made by ........... ...... ...
etc. that

at ...................................etc. (following the words of complaint
in summons):]

(Any of the following orders may be made or a combination of any of them, as the
case seems to require).

Now on proof here had before me/us that the fire hazard so complained of does
exist at the said premises (add, where the order is made on the person causing the
fire hazard-and that the fire hazard is caused by the act, default or sufferance of
A.B.), I/we, in pursuance of section 9 of the Fire Services Ordinance, do order the
said A.B. (or, the said owner, tenant, occupier or person in charge) within
.................. (specify the time) from the service of this order to abate
........................................

....................................
(here specify the fire hazard to be abated and the manner,

whether by compliance with the requirements of the relevant fire hazard abatement
notice, or otherwise).

And I/we being satisfied that, notwithstanding that the said fire hazard may be
temporarily abated under this order, the fire hazard is likely to recur, do therefore
prohibit the said A.B. (or, the said owner, tenant, occupier or person in charge)
from allowing the recurrence of the said fire hazard (and for that purpose I/we
direct the said A.B. (or, the said owner, tenant, occupier or person in charge
....................

..................................... [here specify any works to be executed]).







Now on proof here had before melus that at or recently before the time of

making the said complaint, to wit, on 1

the fire hazard so complained of did exist at the said premises, but that the fire
hazard
has since been abated (add where the order is made on the person who caused the fire
hazard-and that the fire hazard was caused by the act, default or sufferance of A.B.),
yet, notwithstanding the abatement, I/we, being satisfied that it is likely that the
same
fire hazard will recur at the said premises, do therefore prohibit (continue as in
Prohibition Order No. 1).

Dated this .............day of 19

[L.S.]

(Signed) ..................................................................

Magistrate1Justice of the Peace.
(Added, 1 of 1964, s. 8.Amended, L.N. 69170 and 54 of 1986, s. 5)





FORM 3A [s. 9(7A).]
FIRE SERVICES ORDINANCE
(Section 9(7A))
Closing Order

TO .....................1
....................... (name and address

of person served with a fire hazard abatement notice under section 9(1)) being a
person upon whom a fire hazard abatement notice under section 9(1)(a) was

served on ............................(date of service) in respect of

premises situate at
...................................................................................................
...

......................... ........................

(insert such description of the situation as may be sufficient to identify the premises).

TAKE NOTICE that the Director of Fire Services has this day appeared
before me/us and by information sworn on oath has proved to my/our satisfaction
that

(a)you have been given notice in writing by the Director of Fire Services as
required by section 9(7A) of his intention to swear the information; and

(b)the fire hazard continues and the cause of the fire hazard is the structural
character of the premises or their location having regard to the nature of
the area in which they are situate; and

(c)the premises are being used for a purpose which may materially increase
the likelihood of fire or other calamity or danger to life or property
resulting from the outbreak of fire or the occurrence of any other calamity
in or on the premises.

NOW THEREFORE I/We in pursuance of section 9(7A) do hereby
PROHIBIT the use of the premises for the purpose specified as follows:

.......... 1
..........

............................... ... ..... 1

(describe use, purpose and prohibition).

Dated this ..........day of 19

(Signed)
...................................................
....

Magistrate
.

(Added, 54 of 1986, s. 5)

FORM 4 [s. 9C(1).]
FIRE SERVICES ORDINANCE
(Section 9C(1))
Removal Order

TO ..1







(name and address) being the owner, tenant, occupier or person in charge of premises

situated at
..................................................................................................
.................

.....................having been convicted of the offence of

(describe offence) under section (9B(1) OR 9B(2))

of the Fire Services Ordinance on
...............................................................................

(date of conviction) at
.......................................... Court.





TAKE NOTICE that under section (9C(3)(a) OR

9C(3)(b)) of the Fire Services Ordinance 1 !we do require you within
.........................

............... (specify time) from the service of this order
to

remove ...........1
...............................

(the matter or thing to which that offence relates OR the lock or other device to
which that offence relates).

IF you make default in complying with the requirements of this order you are
liable to prosecution for an offence under section 9C(4) of the Fire Services
Ordinance. Upon conviction, a court may impose a maximum fine of $50,000 and
$5,000 for each day during which the offence continues. The Director of Fire
Services may also carry out any work necessary to give effect to the requirements
of this order and take proceedings to recover from you the costs which may be
incurred thereby.

Dated this .day of ......19

(Signed)
..........................................

Magistrate.

(Added, 54 of 1986, s. 5)

SIXTH SCHEDULE [ss. 2 26.1

Ranks in the Fire Services Department

PART I-SENIOR OFFICERS

Director of Fire Services
Deputy Director of Fire Services
Chief Fire Officer
Chief Ambulance Officer
Deputy Chief Fire Officer
Assistant Chief Ambulance Officer
Senior Divisional Officer
Divisional Officer
Superintendent (Ambulance)
(Part I replaced, 55 of 198 1, s.
6)

PART II-SUBORDINATE OFFICERS

Assistant Divisional Officer
Senior Ambulance Officer
Senior Station Officer (Added, 55 of1981, s.6)
Station Officer
Ambulance Officer

PART 111-MEMBERS OF OTHER RANKS

Principal Fireman
Principal Ambulanceman
Senior Fireman
Senior Ambulanceman
Fireman
Ambulanceman






(Sixth Schedule added, 29 of 1975, s.
26)





SEVENTH SCHEDULE [ss. 3(2) 26.1

Posts specified for the purposes of section 3 (2)

Senior Fire Services Ventilation Officer Fire
Services Ventilation Officer Building Services
Inspector II Electrical Inspector Class II
Special Photographer 1 Special Photographer
11

(Seventh Schedule replaced, 4 of 1986, s. 7)
Originally 32 of 1954. 33 of 1956. G.N.A. 61/56. 17 of 1959. 1 of 1961. 42 of 1961. 1 of 1964. 56 of 1969. L.N. 69/70. 45 of 1971. 29 of 1975. 36 of 1978. 50 of 1978. L.N. 262/78. 15 of 1979. 55 of 1981. 25 of 1982. 4 of 1985. 4 of 1986. 34 of 1986. 54 of 1986. Short title. Interpretation. (Cap. 123.) Sixth Schedule. Sixth Schedule. (Cap. 123.) Sixth Schedule. Sixth Schedule. Constitution. Seventh Schedule. Terms of service of members of the Fire Services Department. (Cap. 89, and sub. leg.) (Cap. 93, sub. leg.) Administration of Fire Services Department by Director. Delegation of powers. Duties of Fire Services Department. General powers of entry. Fifth Schedule. Abatement of fire hazards. Fifth Schedule. (Cap. 115.) Fifth Schedule. Fifth Schedule. Fifth Schedule. (Cap. 227.) Recovery of expenses incurred in carrying out work under section 9(3A). Obstruction and locking of means of escape. Removal of obstruction or lock. Fifth Schedule. Interpretation in sections 9B and 9C. Powers of Fire Services Department on occasion of fire. Power to fix fire hydrant and emergency water supply location plates. Offences against discipline generally. First Schedule. Offences against discipline by senior officers. Liability of subordinate officers and members of other ranks to summary dismissal upon abscondment. Fourth Schedule. Offences against discipline by subordinate officer and member of other ranks. Second Schedule. Third Schedule. Third Schedule. Criminal offences by subordinate officers and members of other ranks. Second Schedule. Second Schedule. Appeals and review. Fourth Schedule. Payment for loss or damage to property. Third Schedule. Third Schedule. Penal deductions from emoluments. Removal of doubt. Establishment of fund. Control of fund. Interpretation of 'member' in sections 18 and 19. Fire Services Department orders. Damage done at a fire. Protection of members of Fire Services Department. Special duty and expenses thereof. Power to make regulations. Amendment of Schedules. Offences. False alarms of fire. Third Schedule. Third Schedule. Second Schedule. Abatement order. Prohibition Order No. 1. Prohibition Order No. 2.

Originally 32 of 1954. 33 of 1956. G.N.A. 61/56. 17 of 1959. 1 of 1961. 42 of 1961. 1 of 1964. 56 of 1969. L.N. 69/70. 45 of 1971. 29 of 1975. 36 of 1978. 50 of 1978. L.N. 262/78. 15 of 1979. 55 of 1981. 25 of 1982. 4 of 1985. 4 of 1986. 34 of 1986. 54 of 1986. Short title. Interpretation. (Cap. 123.) Sixth Schedule. Sixth Schedule. (Cap. 123.) Sixth Schedule. Sixth Schedule. Constitution. Seventh Schedule. Terms of service of members of the Fire Services Department. (Cap. 89, and sub. leg.) (Cap. 93, sub. leg.) Administration of Fire Services Department by Director. Delegation of powers. Duties of Fire Services Department. General powers of entry. Fifth Schedule. Abatement of fire hazards. Fifth Schedule. (Cap. 115.) Fifth Schedule. Fifth Schedule. Fifth Schedule. (Cap. 227.) Recovery of expenses incurred in carrying out work under section 9(3A). Obstruction and locking of means of escape. Removal of obstruction or lock. Fifth Schedule. Interpretation in sections 9B and 9C. Powers of Fire Services Department on occasion of fire. Power to fix fire hydrant and emergency water supply location plates. Offences against discipline generally. First Schedule. Offences against discipline by senior officers. Liability of subordinate officers and members of other ranks to summary dismissal upon abscondment. Fourth Schedule. Offences against discipline by subordinate officer and member of other ranks. Second Schedule. Third Schedule. Third Schedule. Criminal offences by subordinate officers and members of other ranks. Second Schedule. Second Schedule. Appeals and review. Fourth Schedule. Payment for loss or damage to property. Third Schedule. Third Schedule. Penal deductions from emoluments. Removal of doubt. Establishment of fund. Control of fund. Interpretation of 'member' in sections 18 and 19. Fire Services Department orders. Damage done at a fire. Protection of members of Fire Services Department. Special duty and expenses thereof. Power to make regulations. Amendment of Schedules. Offences. False alarms of fire. Third Schedule. Third Schedule. Second Schedule. Abatement order. Prohibition Order No. 1. Prohibition Order No. 2.

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