Preparatory works for occupation of shelters
9.—(1) The Commissioner may, during the period when this Part is in operation, serve a notice on the owner or occupier of —(a)
any house or flat which is provided with a household shelter under this Act; and
(b)
any part of any building which —(i)
consists of a storey shelter or public shelter provided under this Act; or
(ii)
has been designated as an improvised shelter pursuant to section 7,
requiring the owner or occupier within the period specified in the notice to prepare the household shelter, storey shelter, public shelter or improvised shelter (as the case may be) for occupation by persons needing to take refuge in the shelter during a state of emergency.
(2) Any person who fails to comply with a notice served on the person under subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 and, in the case of a continuing offence, to a further fine not exceeding $500 for every day or part of a day during which the offence continues after conviction.
Entry into shelters during operation of this Part
10.—(1) Where pursuant to section 9 a notice is served on the owner or occupier of any part of any building which consists of a storey shelter, a public shelter or an improvised shelter and the owner or occupier fails to comply with any of the requirements of the notice within the time specified in the notice, the Commissioner or an authorised person may —(a)
enter that part of the building which consists of the storey shelter, public shelter or improvised shelter (as the case may be) and carry out or cause to be carried out in relation to the shelter such acts or works (including the seizure and removal of any property) as may be necessary to prepare the shelter for occupation by persons needing to take refuge in the shelter during a state of emergency; and
(b)
recover any costs and expenses incurred by doing the acts or works mentioned in paragraph (a) from the owner or occupier.
(2) The Government shall not be liable for any loss of or damage to any property seized or removed by the Commissioner or authorised person in exercise of the powers under subsection (1).
Duties of owner or occupier of part of building which consists of shelter during state of emergency
11.—(1) The owner or occupier of any part of any building which consists of a storey shelter, a public shelter or an improvised shelter is bound, during the periods required or designated by the Minister —(a)
to permit any person to enter and take refuge in the storey shelter, public shelter or improvised shelter, as the case may be; and
(b)
to permit any person authorised by the Commissioner to occupy or use the storey shelter, public shelter or improvised shelter for any purpose the Commissioner may require.
(2) Subject to subsection (3), any person who fails to comply with subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 and, in the case of a continuing offence, to a further fine not exceeding $500 for every day or part of a day during which the offence continues after conviction.
(3) It is a defence to a prosecution for an offence under subsection (2) for the person charged with the offence to prove to the satisfaction of the court that the person took all reasonable steps to ensure that all persons who needed to enter and take refuge in the storey shelter, public shelter or improvised shelter (as the case may be) were allowed to do so.
