For discussion on 31st May 1977

proposals:

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XCR(77)162 Copy No

MEMORANDUM FOR EXECUTIVE COUNCIL

SUMMARY OFFENCES (AMENDMENT) (NO 2) BILL 1977

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1

Mr. J.11

to see

(AMENDMENT) REGULATIONS 1977

SUMMARY OFFENCES (NIGHT WORK)

2

20

On 24th May 1977, Honourable Members considered

(a)

(b)

(c)

(d)

to extend the existing ban on piling at night and on public holidays to cover all construction work using powered mechanical equipment (subject to well-defined exceptions);

to extend the night ban by two hours making it applicable from 7 p.m. to 7 a. m. instead of from 8 p.m. to 6 a.m.;

to extend the powers of the Director of Public Works in granting exemptions, except for piling, from compliance with the night- time ban; and

to strengthen the law against street cries for buying or selling goods;

as set out in XCR(77) 146, a copy of which is attached. The Council advised and the Governor ordered that further consideration should be given to clause 2 of the Summary Offences (Amendment) (No 2) Bill 1977, which should then be resubmitted to the Council.

2

The clause in question relates to uttering of cries for the purpose of buying or selling goods, and it was considered at the meeting on 24th May 1977 that the clause as drafted was, for the purposes of the present exercise, rather too wide in its scope, and did not clearly reflect the intention of curbing the nuisance caused by noisy record shops and record hawkers. Accordingly a new clause 2 has now been drafted which seeks to introduce a provision aimed solely at dealing with the nuisance created by traders who play records and tape cassettes at an unreasonably high volume, and thus disturb public tranquility. The draft clause is set out as follows:

G.S. 84

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