RESTRICTED

C

For discussion

on 24th May 1977

2 N

XCR (77) 146 32 Copy No

MEMORANDUM FOR EXECUTIVE COUNCIL

M..

SUMMARY OFFENCES (AMENDMENT) (NO 2) BILL 1977

May

**0.51 2 5 MAY 1977

INKCK 320

A

B

SUMMARY OFFENCES (NIGHT WORK) (AMENDMENT) ||

REGULATIONS 1977

Annexed for the consideration of Honourable Members are the Summary Offences (Amendment) (No 2) Bill 1977 (Annex A), and the Summary Offences (Night Work) (Amendment) Regulations 1977 (Annex B).

2

(a)

(b)

(c)

(d)

The purposes of the bill and regulations are fourfold:

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.

Night-time ban on construction work

using powered mechanical equipment

3

It is an offence, under section 13(1)(b) of the principal Ordinance, to carry out any piling work between 8 p. m. and 6 a. m. or on public holidays. Whilst this provision has removed a major source of noise nuisance from construction sites at the times specified, other construction work noise created by the use of equipment such as air compressors and pneumatic drills, remains an irritant, although less offensive than piling, at night and on public holidays, particularly in congested urban areas. The only control over such other construction noise is the provision, under section 13(1)(a) of the principal Ordinance, which prohibits making any noise calculated to disturb public tranquility between 11 p. m. and 6 a. m.

C.S. 84

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