C270

Exemptions

NOISE CONTROL BILL 1988

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

of the

Ordinance

Application in respect of aircraft noise

Application of section 11 to

Mass Transit

Railway

Corporation

Canton

Railway

and Kowloon-

provisions of this Ordinance.

(2) An order under subsection (1) may—

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

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

(c) have such partial operation,

as may be specified in the order.

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

35. Section 11 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.

Corporation

Application to Crown

Service of notices

Consequential amendments Schedule

Transitional (Cap. 228)

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

(2) Section 4, 5, 6, 7, 11, 12, 13, 14 or 15 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) No fee prescribed under this Ordinance shall be payable by the Crown.

37. 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 à conspicuous part of the premises or place.

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

39. (1) A permit granted to any person under section 13(6)(a) of the Summary Offences Ordinance 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.

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