C274
NOISE CONTROL BILL 1988
Item
Enactment
Extent of amendment
(Cap. 270)
8.
Mass Transit Railway
Repeal section 21(4).
Corporation
Ordinance
(Cap. 372)
9.
Kowloon-Canton
Repeal section 35(2).
Railway Corporation Ordinance
Explanatory Memorandum
The object of this Bill is to improve existing controls for the prevention, minimizing and abatement of noise in Hong Kong. This it seeks to do by-
(a) revising, consolidating and extending miscellaneous provisions in various Ordinances relating to noise, including the Summary Offences Ordinance (Cap. 228), the Public Health and Municipal Services Ordinance (Cap. 132) and the Factories and Industrial Undertakings Ordinance (Cap. 59);
(b) providing for the appointment of a Noise Control Authority;
(c) introducing provisions for the exercise by the Noise Control
Authority of powers in aid of enforcement; and
(d) substantially increasing the maximum penalties that may be
imposed by the courts for noise related offences.
2. The Bill comprises 6 Parts and 1 Schedule.
3. Part I is preliminary and deals with interpretation and the appointment under clause 3 of a Noise Control Authority to administer its provisions.
4.
Part II deals with the control of noisy activities. Clauses 4 and 5 relate to noise in any domestic premises or public place which is a source of annoyance to any person. Under clause 4 it is an offence to make such a noise between 11 p.m. and 7 a.m. or on a general holiday. Under clause 5 it is an offence, under specified circumstances, to make such a noise at any time.
5.
Clauses 6 and 7 relate to noise from construction work. Clause 6 makes it an offence to carry out percussive piling between 7 p.m. and 7 a.m. or on a general holiday. It is also an offence under clause 6
(a) to use powered mechanical equipment or carry out prescribed
work between 7 p.m. and 7 a.m. or on a general holiday; or
(b) to carry out percussive piling between 7 a.m. and 7
p.m.,
otherwise than under a construction noise permit. Clause 7 makes it an offence to carry out construction work contrary to any noise control regulations made under this legislation.