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1 - HKU Libraries - The University of Hong Kong

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"<strong>The</strong> Director, if satisfied <strong>of</strong> the existence inor on any premises <strong>of</strong> any fire hazard, mayserve -(i) upon the person by reason <strong>of</strong> whose act,default or sufferance the fire hazard arose orcontinues, or(ii) if such person is the servant or agent <strong>of</strong>some other person, upon such other person; or(iii)if such person or such other person, asthe case may be, cannot readily be found or isabsent from the Territory, upon the owner,tenant, occupier or person in charge <strong>of</strong> thepremises in or on which such fire hazardexists,a notice in the form <strong>of</strong> Form 2 in the FifthSchedule."<strong>The</strong> Form 2 mentioned above refers to a FHAN. <strong>The</strong>procedural instructions regarding the enforcement <strong>of</strong>FHAN actions are given in FSD'sX FPB ProceduralInstruction No. 30' (Annex XXX).4.21 Notwithstanding the legal advice mentioned inpara. 4.17 above, the FSD had in fact not served anyFHANs in respect <strong>of</strong> structures where there wereinadequate EVAs nor had the Department taken any similarenforcement actions in respect <strong>of</strong> obstructions (e.g.movable objects like vehicles) to EVAs for at least thepast five years. This Office understands that this mighthave been due to the practicable enforcement difficultiesthe FSD had foreseen in taking such actions, e.g.locating the owners/drivers <strong>of</strong> the vehicles causingobstructions, these persons being unaware that they hadparked their vehicles on an EVA.Redevelopments in Stepped Street Areas4.22 Along the hillside <strong>of</strong> <strong>Hong</strong> <strong>Kong</strong> Island, thereare a number <strong>of</strong> sites abutting streets that are steppedand at split levels and are thus not accessible tovehicles. Previously, because <strong>of</strong> the FSD's requirementthat all new domestic developments should have emergencyaccess to reach at least one major face <strong>of</strong> the proposedbuilding for fire appliances and rescue equipment to• beeffectively brought into use for the purpose <strong>of</strong> fire- 37 - .

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