For discussion
on 26th April 1977
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XXE
ANNEX B TO XCR(77)154
XCR(77)121 Copy No
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MEMORANDUM FOR EXECUTIVE COUNCIL
Summary Offences Ordinance
(Chapter 228)
SUMMARY OFFENCES ORDINANCE (EXEMPTION FROM SECTION 13) (NO 2) ORDER 1977 /
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Annexed for the consideration of Honourable Members is the Summary Offences Ordinance (Exemption from Section 13) ̊ (No` 2) Order 1977.
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Background
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29 The memorandum (XCC(77)4) concerning the Sau Mau Ping Landslide Report, which was considered by Honourable Members on 25th January 1977, contained in its paragraph. 14 reference to remedial work to the slope which, it was stated, was due for completion before the current wet season. A contract to carry out these remedial works behind Blocks 9A, 15A and 17A of the estate was let in December 1976 at a value of $2.56 million for completion in 5 months. Because of underground conditions discovered during the course of excavation it has been necessary to order extra works to the value of about $0.85 million but the contractor has been instructed to complete the work within the same period.
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8 Under section 13, of the Summary Offences Ordinance (Chapter 228) it is an offence to create, between the hours of 11 p. m. and 6 a. m., any noise which is likely to disturb or interfere with the public tranquility or to annoy any person. The contractor made appli- cation for, and the Director of Public Works granted, a permit under section 13(6)(a) of the Ordinance to carry out work between 11 p. m. and 6 a. m.
The permit was subsequently renewed and covered the period from 28th February to 29th April 1977, the maximum allowed under paragraph 5(2)(b) of the Summary Offences (Night Work) Regulations (Chapter 228, sub leg). It is now apparent that night working must continue beyond the period covered by the permit granted by the Director of Public Works if the contractor is to have any hope of completing the works in May.
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Noise from the work undoubtedly causes some disturbance to nearby residents but in order to ensure the stability of the slopes and the safety of the housing blocks at the earliest possible date the Director of Public Works advises that night working will be required