NOISE CONTROL ORDINANCE

NOISE CONTROL ORDINANCE

LAWS OF HONG KONG



NOISE CONTROL ORDINANCE

CHAPTER 400





CHAPTER 400

NOISE CONTROL ORDINANCE

ARRANGEMENT OF SECTIONS

Section Page

PART I

PRELIMINARY

1. Short title and commencement .........3
2. Interpretation .......................3
3. Appointment of Noise Control Authority 5

PART II

CONTROL OF Noisy ACTIVITIES

Noise from Domestic Premises and Public Places

4.......................................Noise at night or on a general holiday 5
5.......................................Noise at any time 5

Noise from Construction Sites

6.......................................Noise from construction sites 6
7.......................................Noise from construction work contrary to regulations 7
8.......................................Construction noise permits 7
9.......................................Technical Memoranda relating to noise emanating from construction sites 9

Noise from Places other than Domestic Premises,
Public Places or Construction Sites

10. Technical Memoranda relating to noise emanating from places other than

domestic premises, public places or construction sites 10
11.......................................Placing of Technical Memoranda before Legislative Council 10
12.......................................Commencement of Technical Memoranda 11
13.......................................Noise abatement notices 11

PART III

CONTROL OF Noisy PRODUCTS

14.......................................Manufacture, etc. of products not in compliance with noise standards 12

15. Manufacture, etc. of products not complying with noise standards within

warranty period .......................13
16.......................................Authority may require product for testing 14
17.......................................Use of products not in compliance with noise standards 15





Section Page
PART IV
APPEALS
18. Appeals against refusal of Authority to issue construction noise permit, etc.

under section 8................................................
................................................ 15

19.......................................Appeals against service of notice by Authority under section 13 or 16 16
20.......................................Appeal Board 17
21.......................................Constitution of Appeal Board 17

22............................Supplementary provisions ..................
..............................18

23.......................................Case may be stated for Court of Appeal 19

PART V
ENFORCEMENT
24.......................................Authorized officers 19

25.................................Powers of entry and inspection, etc . .......... 19

26.......................................Offences in relation to section 25 20

PART VI

MISCELLANEOUS

27......................Regulations
................................................ 21

28.......................................Offence to disclose confidential information obtained officially 21

29............................Protection of Crown and public officers .............................
22
30............................Environmental Pollution Advisory Committee

....... 22

31............................Limit of time for laying information, etc . .......... 22

32.......................................Prosecution of offences 22
33.......................................Defence to proceedings under section 4, 5, 6, 7, 13 or 17
.......................................22

34. Proof of permit, etc.
..................................... 23

35.......................................Exemptions from provisions of the Ordinance 23
36.......................................Application in respect of aircraft noise 23

37. Application of section 13 to Mass Transit Railway Corporation and
Kowloon-Canton Railway Corporation ....23
38.......................................Application to Crown 24
39.......................................Service of notices 24
40.......................................Conse uential amendments
...................................................................24

41.................Transitional ........................
.................................................. 24







Schedule. Consequential amendments ....... 25





CHAPTER 400

NOISE CONTROL

To provide for the prevention, minimizing and abatement of noise; the appointment
of a Noise Control Authority; the powers and duties of the Noise Control
Authority relating to the control of noise; the creation of offences; and for
connected purposes.



Originally 75 of1988

PART I

PRELIMINARY

Short title and commencement

1. (1) This Ordinance may be cited as the Noise Control Ordinance.

(2) This Ordinance shall come into operation on a day to be appointed by the
Governor by notice in the Gazette and notices under this section may appoint
different dates for the coming into operation of different provisions of this
Ordinance.



Interpretation

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

annoyance' means annoyance that would not be tolerated by a reasonable
person;

'Appeal Board- means the Appeal Board constituted under section 21;

'Authority' means the Noise Control Authority appointed under section 3(1);

'Chairman' means the person. appointed as Chairman of the Appeal Board under
section 20(2);

'construction noise permit' means a construction noise permit issued under
section 8(1);

'construction site' means a place where construction work is carried out;

'construction work includes

(a)any work in connection with or for the construction, demolition,
reconstruction, shoring, alteration, maintenance or repair, of the whole or
any part of any building, arch, bridge, chimney, dock, hoarding, shelter,,
tunnel, wall, pier, wharf or other structure -or any road slope,
embankment, street.' railway, tramway. airport, channel, drain, service
lane, sewer, water conduit, lighting or public utility;





(b)any work in connection with or for the extraction from the earth of any
matter whatsoever;

(c) any work in connection with or for the reclamation of any foreshore
and sea-bed;
(d) dredging or any work in connection with dredging;
(e) piling or any work in connection with piling;

(f) any work involved in preparing for any operation of the type referred to in
paragraph (a), (b), (c), (d) or (e); and

(g)the use of machinery, plant, tools, gear and materials in connection with or
for any operation referred to in paragraph- (a),-(b), (c), (d),. (e) or (f);

'domestic premises' means-

(a)any premises used wholly or mainly for residential purposes and
constituting a separate household unit; and

(b)any part of a hotel or boarding-house that is let by the keeper of the hotel
or boarding-house to a guest;

'functions' includes powers and duties;

percussive piling' means piling by sinking or driving a pile by direct or indirect
hammering or other percussive means, including piling by the use of a drop
hammer, diesel hammer, double acting hammer, single acting hammer, internal
drop hammer, pneumatic hammer, steam hammer or other percussive device,
other than a device that is portable and designed for operation while held by
hand without any other form of support;

pile' means any sheet, column, post, tube or caisson driven or formed in the
ground and also means any pile known as a 'Jacked pile', 'screw pile', 'cast-
in-place pile', 'composite pile', 'sand pile', 'sheet pile', 'bored pile',
'caisson pile', and any other form of pile;

piling' means any work in connection with or for the sinking or forming of a pile in
the ground by hammering, jacking, screwing, augering boring, jetting,
vibrating, casting or any other means and also means the driving or sinking of
any casing or tube into the ground to form a well or caisson for foundation
purposes, whether or not the casing or tube is later extracted;

place' means any place whether on land or water;

'powered mechanical equipment' means any machine or device driven by electrical,
chemical or thermal energy including energy transmitted by compressed air,
steam, or hydraulic means a principal function of which is to produce
mechanical movement;





'public place'-

(a)includes all piers, thoroughfares, streets, roads, lanes, alleys, courts,
squares, waterways, beaches, passages, paths, ways, parks, country parks,
public gardens and any other place to which the public have access either
continuously or periodically, whether the same are the property of the
Crown or of private persons;

(b) does not include any place kept or used for the purpose of-

(i) any form of trade, business, commerce, craftsmanship, profession,
calling or other activity carried on for the purpose of gain;

(ii) any form of association of persons established for the purpose of
affording the members of that association facilities for social intercourse
or recreation; or

(iii) any public entertainment as defined by section 2 of the Places of
Public Entertainment Ordinance (Cap. 172);

'Secretary' means the Secretary for Health and Welfare.


Appointment of Noise Control Authority

3. (1) The Governor shall appoint a public officer to be the Noise Control
Authority for the purposes of this Ordinance.

(2) An appointment under subsection (1) shall be notified in the Gazette.

(3) The Authority may authorize in writing any public officer to perform or
exercise all or any of the functions which are imposed or conferred on the Authority
by this Ordinance.

PART II
CONTROL OF Noisy
ACTIVITIES

Noise from Domestic Premises and Public Places

Noise at night or on a general holiday

4. (1) Any person who between the hours of 11 p.m. and 7 a.m., or at any time
on a general holiday in any domestic premises or public place makes or causes to be
made any noise which is a source of annoyance to any person commits an offence.

(2) Any person being the owner, tenant, occupier or person in charge of any
domestic premises who between the hours of 11 p.m. and 7 a.m., or at any time on a
general holiday knowingly permits or suffers noise which is a source of annoyance
to any person to emanate from those domestic premises commits an offence.

(3) Any person who commits an offence under this section shall be liable to a
fine of $5,000.

Noise at any time.

5. (1) Any person who at any time in any domestic premises or public place-





(a)plays or operates any musical or other instrument, including any record or
cassette player or radio or television apparatus;

(b)uses any loud-speaker, megaphone, or other device or instrument for
magnifying sound;

(c) plays any game or engages in any pastime; or

(d) carries on a trade or business,

the noise of which is a source of annoyance to any person commits an offence.

(2) Any person who at any time in any domestic premises operates, or causes
or permits to be operated, any air-conditioning or ventilating system or part thereof,
the noise of which is a source of annoyance to any person commits an offence.

(3) Any person who at any time in any domestic premises or public place
keeps any animal or bird that makes any noise which is a source of annoyance to
any person commits an offence

(4) Any person who at any time in or near any public place, for the purpose of
attracting attention to his goods, wares or trade, makes any noise which is a source
of annoyance to any person commits an offence.

(5) Any person who commits an offence under this section shall be liable to a
fine of $5,000.

Noise from Construction Sites

Noise from construction sites

6. (1) Subject to subsection (6), any person who at any place between the
hours of 7 p.m. and 7 a.m., or at any time on a general holiday, uses, or causes or
permits to be used, any powered mechanical equipment for the purpose of carrying
out any construction work other than percussive piling

(a) in respect of which a construction noise permit is not in force; or

(b)otherwise than in accordance with the conditions of a construction noise
permit in force in respect thereof,

commits an offence.

(2) Subject to subsection (6), any person who at any place between the hours
of 7 p.m. and 7 a.m., or at any time on a general holiday, carries out, or causes or
permits to be carried out, any construction work prescribed for the purposes of this
subsection

(a) in respect of which a construction noise permit is not in force; or

(b)otherwise than in accordance with the conditions of a construction noise
permit in force in respect thereof,

commits an offence.

(3) Subject to subsection (6), any person who at any place between the hours
of 7 a.m. and 7 p.m. on any day, not being a general holiday, carries out, or causes or
permits to be carried out, any percussive piling

(a) in respect of which a construction noise permit is not in force; or





(b)otherwise than in accordance with the conditions of a construction noise.
permit in force in respect thereof,

commits an offence.

(4) Subject to subsection (6), any person who at any place between the hours
of 7 p.m. and 7 a.m., or at any time on a general holiday, carries out, or causes or
permits to be carried out any percussive piling commits an offence.

(5) Subject to subsection (6), any person who commits an offence under this
section shall be liable

(a) on first conviction to a fine of $50,000;

(b) on second or subsequent conviction, to a fine of 100,000',

and in any case to afine of $10,000 for each day during which the offence continues.

(6) It shall not be an offence under this section for an owner, tenant or
occupier of domestic premises to use in such premises a single item of powered
mechanical equipment

(a)that is portable and designed for operation while held by hand without
any other form of support; and

(b)that is the only item of powered mechanical equipment in use in such
premises at any one time.

Noise from construction work contrary to regulations

7. (1) Any person who at any place on any occasion carries out, or causes or
permits to be carried out, any construction work contrary to any noise control.
regulations made under section 27(1) for the purposes of this section commits an
offence.

(2) Any person who, commits an, offence under this section shall be liable

(b) on first conviction to a fine of $50,000; b) on second or subsequent
conviction, to a fine of $100,000,

and in any case to a fine of $10,000 for each day during which the offence
continues.

Construction noise permits

8. (1) The Authority may issue. construction noise permits and may impose in
relation to any construction noise permit any condition he thinks fit.

(2) An application for a construction noise permit shall be made to the
Authority in. the prescribed form and manner and be accompanied by the
prescribed fee.

(3) In considering an application under this section, the Authority shall be
guided by any Technical Memoranda issued from time to time under section 9(1).





(4) Not later than 28 days after an application made under this section is
received by the Authority, he shall issue a construction noise permit or serve on
the applicant written notice of his refusal to issue the permit, and if at the end of
those 28 days he has done neither of those things a permit shall be deemed to have
been issued.

(5) The Authority may refuse to issue a construction noise permit if the issue
of a permit would be contrary to any principle or procedure set out in any Technical
Memoranda issued from time to time under section 9(1).

(6) Where the Authority issues a construction noise permit, the Authority
shall serve written notice of that decision on the applicant and in the case of a
permit subject to conditions issued in respect of percussive piling, shall adequately
state in the notice the reasons for the imposition of those conditions.

(7) Where the Authority refuses to issue a construction noise permit, the
Authority shall serve written notice of that decision on the applicant and shall
adequately state in the notice the reasons for such refusal.

(8) No fee paid in respect of an application for a construction noise permit shall
be liable to be refunded.

(9) A construction noise permit-

(a) shall be in the prescribed form;

(b) shall be in force for such period as shall be specified therein; and

(c)may be renewed in the prescribed manner, before or after its expiry, for
such further period or periods, and subject to such variation of conditions
or the imposition of new conditions as shall be specified therein.

(10) The Authority may amend or vary the conditions of a construction noise
permit including a construction noise permit deemed, by virtue of subsection (4), to
have been issued or impose new conditions in relation to a construction noise
permit if the Authority is satisfied that

(a) a condition of the construction noise permit has been contravened;

(b)the construction noise permit was issued in consequence of misleading,
false, wrong or incomplete information furnished by the applicant in
connection with the application; or

(c)except where the construction noise permit is in respect of any percussive
piling, the public interest so requires.

(11) The Authority may cancel a construction noise permit including a
construction noise permit deemed, by virtue of subsection (4), to have been issued

(a)if the person to whom the construction noise permit was issued requests
the cancellation thereof,

(b) if the Authority is satisfied that-

(i) a condition of the construction noise permit has been contravened;

(ii) the construction noise permit was issued in consequence of
misleading, false, wrong or incomplete information furnished by the
applicant in connection with the application; or





(iii) except where the construction noise permit is in respect of any
percussive piling, the public interest so requires.

(12) Where the Authority cancels a construction noise permit or amends or
varies the conditions of a construction noise permit or imposes new conditions in
relation to a construction noise permit under subsection (9), (10) or (1 1)(b), the
Authority shall give written notice of the decision to the person to whom the
construction noise permit was issued and shall adequately state in the notice the
reasons for the cancellation, or the amendment or variation of conditions, or the
imposition of new conditions, as the case may be.

(13) Without prejudice to the generality of subsection (1), (9) or (10) the
conditions that the Authority may impose in relation to a construction noise permit
may provide for

(a)the display of the construction noise permit or a copy thereof at any
specified location;

(b)maximum noise levels that shall not be exceeded at any specified location
at any specified time;

(c)limitations relating to the time when any specified powered mechanical
equipment may be used; and

(d)limitations relating to the time when any specified construction work may
be carried out,

and for the purposes of this subsection 'specified' means specified -in the
construction noise permit.

Technical Memoranda relating to noise emanating from construction sites

9. (1) The Secretary may issue from time to time Technical Memoranda setting
out principles, procedures, guidelines, standards and limits for

(a)the prediction, measurement and assessment of noise emanating from a
construction site;

(b) the issuing of construction noise permits;

(c)the imposition and variation of conditions in relation to construction
noise permits;

(d)the determination of whether or not the conditions of a construction
noise permit are being complied with,

and those Technical Memoranda may require or authorize the Authority' in any
particular case, to follow the advice of the Secretary in relation to paragraphs (b)
and (c).

(2) The Authority shall be guided by Technical Memoranda issued from time
to time under subsection (1) when carrying out his functions in respect of noise
emanating from a construction site.

(3) A copy of every Technical Memorandum issued from time to time under
subsection (1) shall be made available by the Secretary for inspection by the public
free of charge at such offices of the Government as the Secretary may direct, during
the hours of business.





Noise from Places other than Domestic Premises,
Public Places or Construction Sites

Technical Memoranda relating to noise emanating
from places other than domestic premises, public
places or construction sites

10. (1) The Secretary may issue from time to time Technical Memoranda setting
out principles, procedures, guidelines, standards and limits for

(a)the measurement and assessment of noise emanating from any place
other than domestic premises, a public place or a construction site;

(b) the issuing of noise abatement notices in respect of such noise;

(c)the determination of whether or not a noise abatement notice is being
complied with.

(2) The Authority shall be guided by Technical Memoranda issued from time
to time under subsection (1) when undertaking any measurement or assessment to
determine if a noise abatement notice should be served under section 13(1)(c).

(3) A copy of every Technical Memorandum issued from time to time under
subsection (1) shall be made available by the Secretary for inspection by the public
free of charge at such offices of the Government as the Secretary may direct, during
the hours of business.

Placing of Technical Memoranda before Legislative
Council

11. (1) All Technical Memoranda issued under section 9 or 10 shall be
published in the Gazette and shall be laid on the table of the Legislative Council at
the next sitting thereof after such publication.

(2) Where a Technical Memorandum has been laid on the table of the
Legislative Council under subsection (1), the Legislative Council may, by resolution
passed at a sitting of the Legislative Council held before the expiration of a period
of 28 days after the sitting at which it was so laid, provide that such Technical
Memorandum shall be amended in any manner whatsoever consistent with the
power to issue such Technical Memorandum.

(3) If the period referred to in subsection (2) would but for this subsection
expire

(a) 'after the end of a session of the Legislative Council or a dissolution
thereof, but

(b)on or before the day of the second sitting of the Legislative Council in.
the next following session thereof,

that period shall be deemed to extend to and expire on the day after that second
sitting.

(4) Before the expiration of the period referred to in subsection (2) or that
period as extended by virtue of subsection (3), the Legislative Council may by
resolution in relation to any Technical Memoranda specified therein extend that
period or that period as so extended by a further period not exceeding 21 days.





(5) Any resolution passed by the Legislative Council in accordance with this
section shall be published in the Gazette not later than 14 days after the passing
thereof or within such further period as the Governor may allow in any particular
case.

Commencement of Technical Memoranda

12. All Technical Memoranda issued under section 9 or 10 shall come into
operation

(a)in the case where before the expiration of the period referred to in section
11(2) or, before the expiration of that period as extended by virtue of
section 11(3) or (4), the Legislative Council does not pass a resolution
amending the Technical Memoranda, upon the expiration of that period
or, upon the expiration of that period as so extended, as the case may be;
and

(b)in the case where the Legislative Council passes a resolution amending
the Technical Memoranda, upon the expiration of the day next preceding
the day of the publication in the Gazette of such resolution under section
11(5).

Noise abatement notices

13. (1) Where the Authority is satisfied that noise is emanating from any place
other than domestic premises, a public place or a construction site and that such
noise, whether on its own or together with noise emanating *ng from any other
place other than domestic premises, a public place or a construction .site,

(a)is a source of annoyance to any person other than a person in the place
from which the noise is emanating;

(b)does not comply with any standard or limit prescribed for the purposes
of this section; or

(c)does not comply with any standard -or limit contained in Technical
Memoranda issued from time to time under section 10(1),

the Authority may serve a noise abatement notice in the prescribed form on any or
all of the following

(i)the person making the no noise or causing or permitting the noise to be
made; or

(ii)the owner, tenant, occupier or person in charge of the place from which
the noise is emanating.

(2) A noise abatement notice served under subsection (1) relating to noise
emanating from any place may require the person on whom it is served to abate the
noise within the period specified therein 'and to do all things as may be .necessary
for that purpose and may require the person on whom it is served to

(a) ensure that the noise emanating from such place does not exceed any limit
or standard specified in the notice;





(b)where the noise is emanating from such place by reason of the operation
of any plant, machinery, vehicle, equipment or process, ensure that any
such plant, machinery, vehicle, equipment or process is operated in
accordance with any condition specified in the notice; and

(c) notify the Authority in writing within the period specified in the notice
that any requirement referred to in paragraph (a) or (b) and specified in the
notice has been complied with.

(3) In specifying a period under subsection (2) within which noise is to be
abated, the Authority shall have regard to the nature, difficulty and complexity of
complying with any requirement in the noise abatement notice.

(4) The Authority may, by notice in the prescribed form served on any person
on whom a noise abatement notice has been served under subsection (1), cancel
the noise abatement notice or vary any requirement therein.

(5) A noise abatement notice served under subsection (1) or any notice served
under subsection (4) varying a requirement in a noise abatement notice shall not
take effect until a date specified in any such notice, being a date not less than 21
days after the day on which the notice is served.

(6) Any person who, having been served With a noise abatement notice under
subsection (1) or a notice under subsection (4), fails to comply with any
requirement therein commits an offence.

(7) Any, person who commits an offence under subsection (6) shall be liable

(a) on first conviction to a fine of $50,000;

(b) on second or subsequent conviction, to a fine of $100,000,

and in any case to a fine of $10,000 for each day during which the ofrence
continues.

(8) Any person who. having been required to notify the Authority in writing
under subsection (2)(c) that any requirement has been complied with, makes or
furnishes any statement in so notifying the Authority which to his knowledge is
misleading or false in a material particular, commits an offence and is liable to a fine
of $50,000.

PART III

CONTROL OF Noisy PRODUCTS

Manufacture, etc. of products not in compliance with noise
standards

14. (1) Any person who by way of trade or business imports, manufacyures or
supplies, or offers or exposes for supply, any product prescribed for the purposes
of this Part which

(a) is intended for use in Hong Kong; and

(b)when operated under prescribed test conditions emits noise that is not in
accordance with any standard prescribed for the purposes of this
section,

commits an offence.





(2) For the purposes of any proceedings under subsection (1), a product shall,
until the contrary is proved, be presumed to be intended for use in Hong Kong.

(3) Any person who by way of trade or business imports, manufactures or
supplies, or offers or exposes for supply, any product prescribed for the purposes
of this Part which is

(a)required by regulations made under section 27(1) to be fitted or equipped
with any prescribed device or prescribed equipment so as to prevent,
reduce or minimize the emission of noise; or

(b)required by regulations made under section 27(1) to be fitted with a
prescribed plate, label or other marking relating to noise emission,

without the product being so fitted or equipped commits an offence.

(4) Any person who by way of trade or business imports, manufactures or
supplies, or offers or exposes for supply, any product prescribed for the
purposes of this Part which is fitted with a prescribed plate, label or other
marking relating to noise emission without the product complying with any
information stated on any such prescribed plate, label or other marking
commits an offence.

(5) Any person who commits an offence under subsection (1), (3) or (4) shall
be liable

(a) on first conviction to a fine of $50,000;

(b) on second or subsequent conviction, to a fine of $100,000,

and in any case to a fine of $10,000 for each day during which the offence
continues.

Manufacture, etc. of products not complying with noise standards within warranty
period

15. (1) Any person who by way of trade or business imports, manufactures or
supplies, or offers or exposes for supply, any product prescribed for. the purposes
of this Part which

(a) is intended for use in Hong Kong; and

(b)when tested within the warranty period emits noise that does not comply
with any standards prescribed for the purposes of this section,

commits an offence.

(2) For the purposes of any proceedings under subsection (1), a product shall,
until the contrary is proved, be presumed to be intended for use in Hong Kong.

(3) For the purposes of subsection (1) 'warranty period', in relation to any
product prescribed for the purposes of this Part, means the period prescribed as the
warranty period for such product.

(4) It shall be a defence to a charge under subsection (1) that the product
which is the subject of the offence has, 'since the date of importation, manufacture
or supply, or the offer or exposure for supply

(a) been modified or altered in a manner which increases materially the
emission of noise therefrom;.





(b) been subject to wear and tear beyond that which is normal; or

(c)been used otherwise than in a manner in which the product was intended
to be used.

(5) Any person who commits an offence under subsection (1) shall be liable

(a) on first conviction to a fine of $50,000;

(b) on second or subsequent conviction, to a fine of $100,000,

and in any case to a fine of $10,000 for each day during which the offence
continues.

Authority may require product for testing

16. (1) The Authority may, by notice in the prescribed form served on any
person who by way of trade or business imports, manufactures or supplies, or
offers or exposes for supply, any product prescribed for the purposes of this Part,
require such person at his own expense to

(a)produce or make available to the Authority for measurement, inspection
or test any such product specified in the notice; or

(b)cause to be carried out any measurement, inspection or test specified in
the notice, on any such product specified in the notice.

(2) A notice served under subsection (1) in respect of any product may-

(a)specify the place where the product is to be produced or made available
or where any measurement, inspection or test is to be carried out;

(b)specify the date and time on or by which the product is to be produced or
made available or any such measurement, inspection or test is to be
carried out;

(c)require any such measurement, inspection or test to be carried out in the
presence of any public officer authorized by the Authority in writing for
the purposes of this section;

(d)require the results of any such measurement, inspection or test to be
presented in writing to the Authority on or before a date specified in the
notice; and

(e)identify any product by model, type, man manufacturer's serial number
or other markings or by reference to a label affixed to the product. by an
authorized officer under section 25(1)(e).

(3) A notice served under subsection (1).may, by notice in. writing be varied or
cancelled by the Authority.

(4) Where any product is produced or made available to the Authority under
subsection (1)(a), the Authority shall make arrangements for the product to be
available for collectionwithin 72 hours.

(5) Any person who fails to comply with a notice e served under subsection
(1), or who removes, alters or defaces any label affixed to any product under section
25(1)(e) corn its an offence.

(6) Any person who commits an offence under subsection (5) shall be liable





(a) on first conviction to a fine of $50,000; and

(b) on second or subsequent conviction to a fine of $100,000.

Use of products not in compliance with noise standards

17. (1) Any person who uses, or causes to be used, any product prescribed for
the purposes of this Part which does not comply with any requirement relating to
noise emission prescribed for the purposes of this subsection commits an offence.

(2) Any person who being the owner of any product prescribed for the
purposes of this Part which does not comply with any requirement relating to noise
emission prescribed for the purposes of subsection (1) knowingly permits or suffers
such product to be used commits an offence.

(3) For the purposes of any proceedings under subsection (1) or (2), any
product which when tested under conditions prescribed for the purposes of this
subsection does not comply with any requirement relating to noise emission
prescribed for the purposes of subsection (1), shall, until the contrary is proved, be
presumed to be a product which did not comply therewith at any time during the
period of 30 days immediately prior to the date of the test.

(4) For the purposes of any proceedings tinder subsection (1) or (2), any
person who has in his possession any product which when tested under conditions
prescribed for the purposes of subsection (3) does not comply with any
requirement. relating to noise emission prescribed for the purposes of subsection
(1) shall, until the contrary is proved, be presumed to have used that product at any
time during the period of 30 days immediately prior to the date of the test.

(5) Any person who commits an offence under subsection (1) or (2) shall be liable

(a) on first conviction to a fine of $50,000;

(b) on second or subsequent conviction, to a fine of $100,000,

and in any case to a fine of $10,000 for each day during which the offence
continues.

PART IV

APPEALS

Appeals against refusal of Authority to issue construction noise permit, etc.
under section 8

18. (1) Subject to subsections (2) and (3), if any person who applies for a
construction noise permit under section 8 is aggrieved

(a)where the Authority refuses to issue the construction noise permit, by
that refusal;

(b)where the Authority issues the construction noise permit subject to any
condition, or amends or varies any such condition or imposes a new
condition, by that imposition, amendment or variation; or

(c)where the Authority issues the construction noise permit and
subsequently cancels the permit, by that cancellation,

he may appeal to the Appeal Board.





(2) No appeal shall lie under this section in respect of an application under
section 8 for the issue of a construction noise permit for the purposes of carrying
out construction work between the hours of 7 p.m. and 7 a.m. or at any time on a
general holiday.

,(3) No appeal shall be made under this section except on the following grounds

(a)that the refusal to issue a construction noise permit is not justified by the
terms of this Ordinance or the Technical Memoranda issued under section
9(1);

(b)that the conditions imposed, amended or varied in relation to a
construction noise permit are not justified by the terms of this Ordinance
or the Technical Memoranda issued under section 9(1);

(c)that the refusal to issue a construction noise permit or compliance with
the conditions imposed in relation to a construction noise permit or the
cancellation of a construction noise permit would cause the appellant
economic hardship seriously prejudicial to the conduct of his business; or

(d)that the cancellation of a construction noise permit is not justified by the
terms of this Ordinance or the Technical Memoranda issued under section
9(1).

(4) Any person who wishes to appeal under this section shall lodge a notice of
appeal in the prescribed form and manner within 21 days after the service under
section 8 of notice of the decision of the Authority to which the appeal relates.

Appeals against service of notice by Authority under
section 13 or 16

19. (1) Subject to subsection (2), if any person on whom a notice is served
under section 13(1) or (4) or section 16(1)(a) or (b) is aggrieved by such service, he
may appeal to the Appeal Board.

(2) No appeal may be made under this section except on any or all of the
following grounds

(a)that the service of the notice is not justified by the terms of this
Ordinance or, in the case of a notice served under section 13(1) on the
grounds set out in section 13(1)(c), by the Technical Memoranda issued
under section 10(1);

(b)that there has been some material informality, defect or error in the form or
content of the notice or in connection with the service of the notice;

(c)that the requirements of the notice are unreasonable in character or extent
or are unnecessary;

(d)that compliance with the requirements of the notice would cause the
appellant economic hardship seriously prejudicial to the conduct of his
business; or

(e)that the notice should have been served on some person other than the
appellant.





(3) Any person who wishes to appeal under this section shall lodge a
notice of appeal in the prescribed form and manner within 21 days after the
service of the notice to which the appeal relates.
(4) Where an appeal is made under this section the notice to which the
appeal relates shall be suspended in its operation as from the day on which the
notice of appeal is lodged until the time that the appeal is disposed of,
withdrawn or abandoned unless suspension in the operation of the notice to
which the appeal relates would, in the opinion of the Authority, be contrary to
the public interest and the notice to which the appeal relates contains a
statement to that effect.

Appeal Board

20. (1) Every appeal under this Part shall be determined by the Appeal
Board constituted under section 21.
(2) The Governor shall appoint as Chairman of the Appeal Board a
person who is qualified for appointment as a District Judge under section 5 of
the District Court Ordinance (Cap. 336).

(3) Subject to subsection (6), the Chairman shall be appointed for a term
of 2 years but may be re-appointed.
(4) The Governor shall appoint a panel of persons whom he considers
suitable for appointment under section 21 as members of the Appeal Board to
hear any appeal under this Part.
(5) An appointment under subsection (2) or (4) shall be notified in the
Gazette.
(6) The Chairman and any person appointed under subsection (4) may at
any time resign by notice in writing to the Governor.

Constitution of Appeal Board

21. (1) The Appeal Board shall consist of the Chairman and such
number of persons from the panel referred to in section 20(4) as the Chairman
may, subject to subsection (4), appoint to be members thereof to hear any
appeal under this Part.
(2) In hearing an appeal under this Part the Appeal Board may, in
relation to such appeal, give directions to the Authority with respect to the
exercise by the Authority of such of the functions of the Authority under this
Ordinance as are relevant to the appeal and the Authority shall comply with any
such direction.
(3) In relation to the hearing of appeals under this Part every question
before the Appeal Board shall be determined by the opinion of the majority of
the members hearing the appeal except a question of law which shall be
determined by the Chairman; in the case of an equality of votes the Chairman
shall have a casting vote.
(4) The Appeal Board shall not at any time consist of a majority of
persons who are public officers.
(5) The contents of any Technical Memorandum issued under section 9(1)
or 10(1) shall not be called into question in any appeal under this Part.





(6) In hearing an appeal under this Part the Appeal Board may-

(a) receive evidence on oath;

(b)admit or take into account any statement, document, information or matter
whether or not it would be admissible in a court of law;

(c)by notice in writing summon any person to appear before it to produce
any document or to give evidence;

(d)confirm, reverse or vary the decision or requirement appealed against;
and

(e)make an award of such sum, if any, in respect of the 'costs involved in the
appeal as is just and equitable in all the circumstances of the case.

The Appeal Board shall have the powers which are vested in the High
Court in the exercise of its powers under subsection (6).

(8) If any person-

(a) on being duly summoned as a witness before the Appeal Board makes
default in attending; or

(b)being in attendance as a witness refuses to take an oath legally required
by the Appeal Board to be taken, or to produce any document in his
power or control legally required by the Appeal Board to be produced by
him, or to answer *er any question to which the Appeal Board may legally
require an answer; or

(c)does any other thing which would, if the Appeal Board had been a court
of law having power to commit for contempt, have been contempt of that
court,

the Chairman may certify the contempt of that person under his hand to the High
Court and the High Court may thereupon inquire into the *alleged contempt and
after hearing any witnesses who may be produced against or on behalf of the
person charged with the contempt and after hearing any statement that may be
offered in defence, punish or take steps for the punishment of that person in like
manner as if he had been guilty of contempt of the court.

(9) A witness before the Appeal Board shall be entitled to the same immunities
and privileges as if he were a witness in civil proceedings before the High Court.

(10) Any sum awarded under subsection (6)(e) shall be enforceable as a civil
debt and any sum payable by the Authority under such an award shall be charged
on the general. revenue.

(11) The Chairman may determine any form or matter of practice or procedure
for which no provision is made in this Ordinance.

supplementary provisions,

22. (1) If the Chairman is precluded by illness, absence from Hong Kong or any
other cause from exercising his functions, the Governor may appoint any person
qualified for' appointment as a District Judge under section 5 of the District Court
Ordinance (Cap. 336) to act as Chairman and as such to exercise and perform., all-
the functions of the Chairman. during the period of his appointment.





(2) If a person appointed by the Chairman under section 21(1) to hear an appeal
under this Part is precluded by illness, absence from Hong Kong or any other cause
from exercising his functions, the Chairman may appoint any other person from the
panel referred to in section. 20(4) to act in his place.

(3) The hearing of an appeal may be continued notwithstanding a change in
the membership of the Appeal Board.

Case may be stated for Court of Appeal

23. (1) The Appeal Board may, before an appeal under this Part is determined,
refer any question of law arising in the appeal to the Court of Appeal for
determination by way of case stated.

(2) On the hearing of the case the Court of Appeal may amend the case or
order it to be sent back to the Appeal Board for amendment.

PART V
ENFORCEMENT

Authorized officers

24. (1) The Authority may in writing authorize any public officer to exercise any
of the powers conferred on an authorized officer by section 25 as the Authority may
specify in the authorization.

(2) A public officer exercising under this section any of the powers conferred
by section 25

(a)may obtain the assistance of such persons as he reasonably requires for
the purposes of the discharge of his functions under this Part;

(b)shall, if so required, produce his identity card issued under the
Registration of Persons Ordinance (Cap. 177), together with his written
authorization under this section.

Powers of entry and inspection, etc.

25. (1) Subject to subsection (2), an authorized officer may without warrant and
on production, if so required, of his written authorization under section 24

(a) enter and search any place if he reasonably believes that-

(i) an offence against this Ordinance has been or is being committed in
any such place;

(ii) there is in any such place any thing that is or is likely to constitute
evidence that an offence against this Ordinance has been or is being
committed;

(b)enter any place for the purpose of exercising any power under paragraph
(c), (d), (e) or (f) or of serving any notice under section 13(1), 13(4), 16(1)
or 16(3);





(c)carry out any measurement, inspection or test as he reasonably believes is
necessary in order to determine if an offence against this Ordinance has
been or is being committed;

(d)observe and monitor any measurement, inspection or test on any product
required to be carried out under section 16(1)(b);

(e)for the purposes of section 16(2)(e), affix a label to any product
prescribed for the purposes of Part III;

(f) do all that is reasonably necessary to determine whether or not any notice
should be served under section 13(1), 13(4), 16(1) or 16(3).

(2) Notwithstanding subsection (1), an authorized officer shall not, save with
the consent of the occupier or person in charge of the premises, enter domestic
premises without a warrant issued by a magistrate under subsection (3) or (4).

(3) If it is made to appear to a magistrate by information on oath that there is
reason to believe that

(a)an offence against this Ordinance has been or is being committed on
domestic premises; or

(b)there is on domestic premises any thing that is or is likely to constitute
evidence that an offence against this Ordinance has been or is being
committed,

the magistrate may issue a warrant authorizing an authorized officer to enter and
search such premises.

(4) If it is made to appear to a magistrate by information on oath that it is
necessary for an authorized officer to enter domestic premises for any of the
purposes referred to in subsection (1)(b), the magistrate may issue a warrant
authorizing the authorized officer to enter such domestic premises.

(5) An authorized officer who enters any place under subsection (1), (3) or (4)
may require any person present at that place

(a)to give details of his identity, name and address and produce his identity
card issued under the Registration of Persons Ordinance (Cap. 177) for
inspection by the authorized officer; or

(b)who appears at the time to be responsible for or in charge of that place,
to give such information or render such assistance as may be necessary
to enable the authorized officer to carry out his functions under this Part.

(6) An authorized officer who enters any place under this section shall, if entry
is by warrant issued under subsection (3) or (4), produce that warrant.

(7) A warrant issued under subsection (3) or (4) shall continue in force until
the purpose for which the entry is necessary has. been satisfied.

Offences in relation to section 25

26. Any person who-

(a) wilfully resists, obstructs or delays any public officer in the exercise of
any power conferred by section 25 which he is authorized to exercise
under section 24;





(b)fails without reasonable excuse to comply with any requirement duly
made by any public officer in the exercise of any such power;

(c)in compliance or purported compliance with any such requirement
produces any drawing, record or document which he knows to be
incorrect or inaccurate in a material respect or does not believe to be
correct or accurate; or

(d)wilfully or recklessly gives information which is incorrect in a material
respect or withholds information as to any of the matters in respect of
which information is required to be given under section 25,

commits an offence and is liable to a fine of $50,000.

PART VI

MISCELLANEOUS

Regulations

27. (1) The Governor in Council may, after consultation with th the
Environmental Pollution Advisory Committee, by regulation

(a)prescribe anything required or permitted to be prescribed under this
Ordinance;

(b)regulate appeals under Part IV and the practice and procedure of the
Appeal Board;

(c)generally, provide for the better carrying into effect of the provisions and
purposes of this Ordinance.

(2) Any regulation made under subsection (1) relating to the payment of fees
may provide for different fees to be charged according to different circumstances.

(3) Any regulation made under subsection (1) may provide that a
contravention thereof shall be an offence and may provide penalties for such
offence not exceeding a fine of $100,000.

(4) Any regulation made under subsection (1) for the purposes of section 7(1)
shall be subject to the approval of the Legislative Council.

Offence to disclose confidential information obtained
officially

28. (1) A person who, except in the circumstances provided for in subsection
(2), discloses or gives to another person any information that concerns a trade,
business or profession, is confidential and has come to his knowledge or into his
possession in the course of the discharge of his functions under this Ordinance
commits an offence.

(2) A person does not commit an offence under subsection (1) if he discloses
or gives any information to another person

(a)for the purpose of the discharge of his functions under this Ordinance
and proceedings connected therewith;

(b) pursuant to an order of a court under subsection (3); or





(c)with the consent in writing of all such persons as. appear to him, after
reasonable enquiry, to be interested. in the confidentiality of the
information.

(3), Where in any proceedings a court considers that the justice of the case so
requires, the court may order the disclosure or giving of any information referred to
in subsection (1).

(4) A person who commits an offence under subsection (1). is, liable to a fine of
$10,000 and to, imprisonment for 6 months.

Protection of Crown and public officers

29. (1) A public officer shall not be personally liable in respect of any act or
omission of his if it was done or made by him in the honest belief that it was
required or authorized in the discharge of any of his functions under this
Ordinance.

(2) The protection conferred on public officers by subsection (1) in respect of
any act or omission shall not in any way affect any liability of the Crown in tort for
that act or omission.

Environmental Pollution Advisory Committee

30. If any question arises as to who are the body of persons for the time being
constituting the Environmental Pollution Advisory Committee, the matter shall be
referred to the Chief Secretary who shall determine the question by certificate under
his hand.

Limit of time for laying information, etc.

31. A complaint or information in respect of an offence against this Ordinance
shall be made or laid, as the case may be, within

(a)6 months from the time the matter of such complaint or information
respectively first came to the knowledge of the Authority or an
authorized officer; or

(b) 1 year from the time of the commission of the offence,

whichever is the earlier.

Prosecution of offences

32. (1) Subject to this section, proceedings for offences against this Ordinance
may be instituted in the name, of the Authority, and may be commenced and
conducted by a public officer appointed under section 13 of the Magistrates
Ordinance (Cap. 227).

(2) Nothing in this section shall be deemed to derogate from the powers of the
Attorney General in relation to the prosecution of offences

Defence to proceedings under section 4, 5, 6, 7, 13 or 17

33. In any proceedings for an ofrence under section 4, 5, 6, 7, 13 or 17, it shall be a
defence to show that the circumstances constituting or leading to the, commission of
the offence arose-.





(a)by reason of the fact of any authorization under any licence, permit or
exemption granted under any other Ordinance;

(b)in pursuance of the purpose of the prevention of injury to any person or
the saving of the life of any person;

(e)in pursuance of the purpose of the prevention of damage to property
where the circumstances placing the property in danger of being damaged
could not reasonably have been foreseen by the person charged with the
offence; or

(d) in pursuance of the purpose of the prevention of serious interruption or
disruption to any public transport system where the circumstances which
would otherwise cause such an interruption or disruption could not
reasonably have been foreseen by the person charged with the offence.

proof of permit, etc.--

34. For the purposes of any proceedings under this Ordinance a document
purporting to be a copy of any permit or notice issued under this Ordinance and of
any conditions to which the permit or notice is subject and purporting to be
certified by the Authority to be a true copy, shall be received in evidence on its
production without further proof and, until the contrary is proved, it shall be
presumed that

(a) the document is a true copy of the permit or notice;

(b) the document was certified by the Authority; and

(e) the permit or notice was issued in respect of the place stated in the
document to the person stated in the document and is subject to those
conditions.

Exemptions from provisions of the Ordinance

35. (1) The Governor in Council may by order published in the Gazette
exempt any area, place, premises or activity from all or any of the provisions of
this Ordinance.

(a) An order under subsection (1) may-

(b) be made subject to such conditions or limitations;

(c) have effect for such period of time; or

(d) have such partial operation,

as may be specified in the order.

Application in respect of aircraft noise

36. Nothing in this Ordinance shall apply to noise caused by aircraft.

Application of section 13 to Mass Transit Railway
Corporation and Kowloon-Canton Railway Corporation

37. Section 13 shall apply to the Mass Transit Railway Corporation and the
Kowloon-Canton Railway Corporation only so far as is practicable and compatible
with the discharge of any function or the exercise of any power or duty conferred or
imposed upon them according to law.





Application to Crown

38. (1) Subject to this section, this Ordinance shall bind the Crown.

(2) Section 4, 5, 6, 7, 13, 14, 15, 16 or 17 shall not have effect to permit
proceedings to be taken against, or to impose any criminal liability on, the Crown or
on any public officer who causes or permits to be made any noise in the course of
carrying out his duties in the service of the Crown.

(3) If it appears to the Authority that any noise is being, or has been, made in
contravention of section 4, 5, 6, 7, 13, 14, 15, 16 or 17 by any. public officer in the
course of carrying out his duties in the service of the Crown, the Authority shall, if
the contravention is not forthwith terminated to his satisfaction, report the matter to
the Chief Secretary.

(4) On receipt of a report under subsection (3), the Chief Secretary shall enquire
into the circumstances and, if his enquiry shows that a contravention of section 4,
5, 6, 7, 13, 14, 15, 16 or 17 is continuing or likely to recur, he shall ensure that the
best practicable steps are taken to terminate the contravention or avoid the
recurrence.

(5) Any notice under this Ordinance concerning the making of noise which is
to be, or may be, given or made by or on behalf of the Crown may be given or made
by any public officer on behalf of the Crown.

(6) Any notice under this Ordinance concerning the making of noise which is
to be, or may be, given by the Authority to the Crown shall be given to the principal
officer of the Government Department which appears to the Authority to be
responsible for such emission or, in the event of any question arising as to which
Department is responsible, to such public officer as the Chief Secretary shall
determine.

(7) No fee prescribed under this Ordinance shall be payable by the Crown.

Service of notices

39. Any notice to be served by the Authority upon any person under this
Ordinance may be served

(a)by serving a copy personally or by registered post addressed to the last
known place of business or residence of the person to be served; or

(b)where the notice is to be served on the owner, tenant, occupier or person
in charge of any premises or place, by affixing a copy upon a
conspicuous part of the premises or place.

Consequential amendments

40. The enactments specified in the first column of the Schedule are amended
to the extent set out in the second column.

Transitional

41. (1) A permit granted to any person under section 13(6)(a) of the Summary
Offences Ordinance (Cap. 228) and in force immediately before the commencement
of this Ordinance shall continue in force after such commencement and have effect
according to its tenor as if it were a construction noise permit issued under section
8(1) of this Ordinance.





(2) Notwithstanding the repeal by this Ordinance of section 12(1)(h) of the
Public Health and Municipal Services Ordinance (Cap. 132), where immediately
before the commencement of this Ordinance there was in force, under section 127 of
that Ordinance, any nuisance notice relating to a nuisance described in section
12(1)(h), section 127 shall continue e to apply to that nuisance as if section 12(1)(h)
had not been repealed.

SCHEDULE [s. 40]

CONSEQUENTIAL AMENDMENTS

Item Enactment Extent of amendment

1. Factories and IndustrialAmend section 9A(5)(b)(ii) by adding after 'generally'
Undertakings Ordinancethe words 'other than in respect of noise affecting
(Cap. 59) persons not employed therein'.
2. Public Health and Municipal In section 12(1)-
Services Ordinance (Cap. 132)(a) repeal the semicolon at the end of paragraph (g) and
substitute a full stop;
(b) repeal paragraph (h).

3. Cross-Harbour Tunnel (a) Repeal section 27.
Ordinance (Cap. 203) (b)Repeal section 61(d).
4. Cross-Harbour TunnelRepeal regulation 4(p).
Regulations (Cap. 203,
sub. leg.)
5. Summary Offences (a) In section 4-
Ordinance (Cap. 228) (i) in paragraph (11), repeal 'or keeps any animal
or bird which is a source of annoyance to any
neighbour by reason of any noise made by such
animal or bird;';
(ii) repeal paragraph (13);
(iii) in paragraph (25), repeal 'noisy,'.
(b) In section 13-
(i) repeal subsection (1)(a);
(ii) repeal subsections (1)(b), (IA), (6)(a) and (7);
(iii) repeal subsections (2), (3), (4), (5) and (6)(b).
(c) Repeal section 13A.
(d) In section 37, repeal paragraphs (b) and (c).
(e) Repeal section 38.

6. Summary Offences (Permitted Repeal the whole regulations.
Work) Regulations (Cap. 228,
sub. leg.)
7. Summary Offences (Noise at Repeal the whole order.
Hong Kong Airport)
(Exemption) Order (Cap. 228,
sub. leg.)
8. Mass Transit Railway Repeal section 21(4).
Corporation Ordinance
(Cap. 270)
9. Kowloon-CantonRepeal section 35(2).
Railway Corporation
Ordinance (Cap. 372)
[s. 40]

[s. 40]

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