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CAP. 400]
Noise Control
Application to Crown
[1988 Ed.
38. (1) Subject to this section, this Ordinance shall bind the Crown.
(2) Section 4, 5, 6, 7, 13, 14, 15, 16 or 17 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) If it appears to the Authority that any noise is being, or has been, made in contravention of section 4, 5, 6, 7, 13, 14, 15, 16 or 17 by any public officer in the course of carrying out his duties in the service of the Crown, the Authority shall, if the contravention is not forthwith terminated to his satisfaction, report the matter to the Chief Secretary.
(4) On receipt of a report under subsection (3), the Chief Secretary shall enquire into the circumstances and, if his enquiry shows that a contravention of section 4, 5, 6, 7, 13, 14, 15, 16 or 17 is continuing or likely to recur, he shall ensure that the best practicable steps are taken to terminate the contravention or avoid the recurrence.
(5) Any notice under this Ordinance concerning the making of noise which is to be, or may be, given or made by or on behalf of the Crown may be given or made by any public officer on behalf of the Crown.
(6) Any notice under this Ordinance concerning the making of noise which is to be, or may be, given by the Authority to the Crown shall be given to the principal officer of the Government Department which appears to the Authority to be responsible for such emission or, in the event of any question arising as to which Department is responsible, to such public officer as the Chief Secretary shall determine.
(7) No fee prescribed under this Ordinance shall be payable by the Crown.
Service of notices
39. 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 a conspicuous part of the premises or place.
Consequential amendments
40. The enactments specified in the first column of the Schedule are amended to the extent set out in the second column.
Transitional
41. (1) A permit granted to any person under section 13(6)(a) of the Summary Offences Ordinance (Cap. 228) 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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