XCR (75)13
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Under section 13 of the Summary Offences Ordinance (Chapter 228), it is an offence to make a noise calculated to disturb public tranquility or to annoy any person between the hours of 11 p.m. and 6 a.m. In order to enable night work to be carried out at the site, a permit was issued on 14th November 1974 by the Director of Public Works under Summary Offences (Night Work) Regulation 5(2) for one month and renewed for another month, expiring therefore on 13th January 1975. However, such a permit cannot be issued for a period of more than two months and section 13 of the Ordinance must apply unless purposes for or circumstances in which it need not are specified by the Governor in Council by order published in the Gazette.
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It is considered that in view of the nature of the project, the procedures and methods which must be adopted in the sub-structure construction work and the length of time required for its completion, exemption from section 13 of the Summary Offences Ordinance is justified. It is therefore proposed that to enable night work to continue upon the expiry of the permit already issued under Summary Offences (Night Work) Regulation 5(2), an exemption order ceasing to have effect on 31st December 1976 should be made to exclude construction activities on the site from the application of section 13 of the Summary Offences Ordinance, subject100 to the following conditions:
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no percussion piling work may be carried out between 8 p.m. and 6 a.m. or on Sundays and public holidays; and
reasonable measures to control the noise emanating from the site may be required by the Director of Public Works from time to time.
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The New World Development Company Limited has acknowledged, in correspondence with the Director of Public Works, that noise must be kept to an absolute minimum and has undertaken to make every effort to meet this requirement. At Annex C, for the consideration of Honourable Members is a draft Summary Offences Ordinance (Exemption from Section 13) Order 1975, which includes the conditions subject to which the order is made.
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Should Honourable Members advise that the Order be made as proposed, the Director of Public Works and the Director of Information Services will issue a press statement explaining in detail why this exemption is considered justified in this caso, how long it will last and what safeguards there will be against excessive noise.
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Honourable Members will be asked to advise, under section 13(4) of the Summary Offences Ordinance (Chapter 228), whether the draft Summary" Offences Ordinance (Exemption from Section 13) Order 1975 at Annex C should be made.
(The Principal Government Building Surveyor (Acting) (Mr. K.B. O'SULLIVAN) and the Deputy Secretary for the Environment (Mr. G. BARNES) will attend before the Council for the discussion of this item.)
30th December 1974
(BL L/M 633/74 in NV 107/3093/70)
COUNCIL CHAMBER