FIRE INVESTIGATION ORDINANCE, 1895
Title
FIRE INVESTIGATION ORDINANCE, 1895
Description
ORDINANCE No. 8 OF 1895.
Fire Investigation
AN ORDINANCE to authorize in certain cases Judicial Investi-
gations into the Causes of Fire.
[18th December,1895.]
BE it enacted by the Governor of Hongkong, with the advice and
consent of the Legislative Council thereof, as follows:-
1.This Ordinance may be cited as the Fire Investigation Ordinance,
1895.
2.Whenever a fire has taken place on any premises, or has been
attempted, the Captain Superintendent of Police shall, as soon as
possible, take possession of such premises and of any other premises
where the fire is supposed to have originated, to the exclusion, if he
deems it necessary, of the owners of all others; and he shall make or
cause to be made, either personally or by some officer of not lower grade
than an Inspector of Police, a full and minute inspection of such premises,and shall forthwith make a written report in detail to a
Magistrate of the state of the said premises and of the contents,if any,
thereof,furnishing also all such informaiton 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 a con-
sideration 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 like;y to knwo the facts and circumstances and of all
other persons who,in his opinion,may be able to furnish information
in respect thereof.
4.It shall be lawful for any Inspector of Police,or for any interested
person,with the leave of the Magistrate,to examine at such investi-
gation,either in person or by counsel or solicitor,the witnesses,and to
cause such persons to be examined as may give due and proper infor-
mation touching such case of fire.
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 particular person or persons 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 or persons 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
or persons of having committed an offence against the law,he shall
have power to commit such person or persons to prison to answer any
charge that may be brought against him or them in the Police Court
or,in his discretion ,to require him or them to give security,to his
satisfaction,to appear and surrender to answer any such charge,and,on
such charge,the Magistrate may take the evidence as in other cases.
7.For the purpose of this Oridnance,and in relaiton to all investi-
gaiton held theruender,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 Captain Superintendent of Police shall
render to him all proper and necessary assistance.
8.Except on an order from the Magistrate,who may,in his
discretion,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 the provisions of this Ordinance shall, on summary
conviction before a Magistrate, be liable to a penalty not exceeding one
hundred dollars or to imprisonment, with hard labour, for any term
not exceeding six months.
A.D. 1895. Ordinance No. 29 of 1895.
Short title.
In case of fire Captain Superintendent of Police to take possession of premises and report. Inquiry by Magistrate into causes of fire. Examination of witnesses. Closure of inquiry and release of premises. Committal of suspected person to answer charge. Power to summon witnesses, etc. Removing property from premises burned, etc.
Fire Investigation
AN ORDINANCE to authorize in certain cases Judicial Investi-
gations into the Causes of Fire.
[18th December,1895.]
BE it enacted by the Governor of Hongkong, with the advice and
consent of the Legislative Council thereof, as follows:-
1.This Ordinance may be cited as the Fire Investigation Ordinance,
1895.
2.Whenever a fire has taken place on any premises, or has been
attempted, the Captain Superintendent of Police shall, as soon as
possible, take possession of such premises and of any other premises
where the fire is supposed to have originated, to the exclusion, if he
deems it necessary, of the owners of all others; and he shall make or
cause to be made, either personally or by some officer of not lower grade
than an Inspector of Police, a full and minute inspection of such premises,and shall forthwith make a written report in detail to a
Magistrate of the state of the said premises and of the contents,if any,
thereof,furnishing also all such informaiton 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 a con-
sideration 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 like;y to knwo the facts and circumstances and of all
other persons who,in his opinion,may be able to furnish information
in respect thereof.
4.It shall be lawful for any Inspector of Police,or for any interested
person,with the leave of the Magistrate,to examine at such investi-
gation,either in person or by counsel or solicitor,the witnesses,and to
cause such persons to be examined as may give due and proper infor-
mation touching such case of fire.
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 particular person or persons 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 or persons 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
or persons of having committed an offence against the law,he shall
have power to commit such person or persons to prison to answer any
charge that may be brought against him or them in the Police Court
or,in his discretion ,to require him or them to give security,to his
satisfaction,to appear and surrender to answer any such charge,and,on
such charge,the Magistrate may take the evidence as in other cases.
7.For the purpose of this Oridnance,and in relaiton to all investi-
gaiton held theruender,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 Captain Superintendent of Police shall
render to him all proper and necessary assistance.
8.Except on an order from the Magistrate,who may,in his
discretion,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 the provisions of this Ordinance shall, on summary
conviction before a Magistrate, be liable to a penalty not exceeding one
hundred dollars or to imprisonment, with hard labour, for any term
not exceeding six months.
A.D. 1895. Ordinance No. 29 of 1895.
Short title.
In case of fire Captain Superintendent of Police to take possession of premises and report. Inquiry by Magistrate into causes of fire. Examination of witnesses. Closure of inquiry and release of premises. Committal of suspected person to answer charge. Power to summon witnesses, etc. Removing property from premises burned, etc.
Abstract
A.D. 1895. Ordinance No. 29 of 1895.
Short title.
In case of fire Captain Superintendent of Police to take possession of premises and report. Inquiry by Magistrate into causes of fire. Examination of witnesses. Closure of inquiry and release of premises. Committal of suspected person to answer charge. Power to summon witnesses, etc. Removing property from premises burned, etc.
Short title.
In case of fire Captain Superintendent of Police to take possession of premises and report. Inquiry by Magistrate into causes of fire. Examination of witnesses. Closure of inquiry and release of premises. Committal of suspected person to answer charge. Power to summon witnesses, etc. Removing property from premises burned, etc.
Identifier
https://oelawhk.lib.hku.hk/items/show/687
Edition
1901
Volume
v2
Subsequent Cap No.
12
Cap / Ordinance No.
No. 8 of 1895
Number of Pages
3
Files
Collection
Historical Laws of Hong Kong Online
Citation
“FIRE INVESTIGATION ORDINANCE, 1895,” Historical Laws of Hong Kong Online, accessed February 7, 2025, https://oelawhk.lib.hku.hk/items/show/687.
