(2) The Director may not cause works to be carried out, and cause to be removed and taken possession of any article or thing, under subsection (1), unless the Director is satisfied that the fire hazard to which the fire hazard abatement notice relates—
- (a) constitutes an immediate and substantial danger of fire in or on the relevant premises; or
- (b) 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.
5. Director may abate fire hazard without serving fire hazard abatement notice
Notwithstanding section 3, the Director may, if satisfied of the existence in or on any premises of a fire hazard, cause to be carried out in or on the premises such works, and cause to be removed and taken possession of such article or thing, that is considered necessary by the Director to abate the fire hazard and to prevent its recurrence in or on the premises without the service of a fire hazard abatement notice if—
- (a) the person by reason of whose act, default or sufferance the fire hazard arose or continues in or on the relevant premises cannot readily be found or is absent from Hong Kong; and
- (b) the Director is satisfied 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.
6. Delegation of powers and duties by Director
The Director may authorize a Deputy Director or a Chief Fire Officer to exercise or discharge the powers and duties conferred on the Director by section 4 but the Director may not authorize any other member to exercise or discharge any of those powers or duties.
7. Article or thing removed
(1) If an article or thing is removed under section 4 or 5, a notice in both Chinese and English shall be caused to be affixed by the Director to a conspicuous part of the relevant premises—
- (a) setting out details of the article or thing; and
- (b) calling for the submission to the Director, within 1 month after the day on which the notice was affixed, of any claim for the return of the article or thing.
