XN000022-1987-03-13 — Page 4

FRIDAY, MARCH 13, 1987

NOISE FROM PLACES OTHER THAN CONSTRUCTION SITES, DOMESTIC PREMISES OR PUBLIC PLACES:

THE BILL PROPOSES TO INTRODUCE COMPREHENSIVE CONTROLS TO DEAL WITH NOISE EMANATING FROM PLACES SUCH AS INDUSTRIAL, TRADE OR BUSINESS PREMISES. NOISE FROM ANY PLACE OTHER THAN CONSTRUCTION SITES, DOMESTIC PREMISES OR PUBLIC PLACES WILL BE CONTROLLED BY MEANS OF +NOISE ABATEMENT NOTICES+.

IT IS INTENDED THAT NOISE ABATEMENT NOTICES WILL BE SERVED ON OWNERS OR OCCUPIERS OF PREMISES IF THE NOISE EMITTED IS CAUSING A NUISANCE TO ANY PERSON, OR IF IT DOES NOT COMPLY WITH OBJECTIVE TECHNICAL CRITERIA SET OUT IN THE RELEVANT TECHNICAL MEMORANDUM.

A NOISE ABATEMENT NOTICE MAY REQUIRE THE OWNER OR OCCUPIER TO BRING HIS NOISE EMISSIONS INTO A STATE OF COMPLIANCE BY A CERTAIN DATE AND NON-COMPLIANCE WILL BE AN OFFENCE.

NOISE FROM PRODUCTS:

VARIOUS NEW PROVISIONS ARE INCORPORATED IN THE BILL TO CONTROL NOISE FROM INDIVIDUAL PRODUCTS, ITEMS OF EQUIPMENT OR MACHINERY. IT IS EXPECTED THAT VERY FEW ITEMS WILL BE SUBJECT TO CONTROL UNDER THESE PROVISIONS WHICH ARE DESIGNED FOR USE ONLY WHEN TECHNICAL OR ADMINISTRATIVE DIFFICULTIES MAKE OTHER FORMS OF CONTROL INAPPROPRIATE.

THESE PROVISIONS WILL MAKE IT AN OFFENCE TO MANUFACTURE, IMPORT OR SELL A PRESCRIBED PRODUCT IF IT IS INTENDED FOR USE IN HONG KONG AND DOES NOT COMPLY WITH NOISE STANDARDS SET OUT IN REGULATIONS.

POWERS ARE ALSO PROVIDED IN THE BILL TO MAKE REGULATIONS REQUIRING PARTICULAR ITEMS TO BE FITTED WITH NOISE CONTROL DEVICES OF A CERTAIN STANDARD. TO ASSIST WITH ENFORCEMENT, THE BILL WILL GIVE THE AUTHORITY THE POWER TO REQUIRE LABELLING SO THAT THE CLAIMED NOISE LEVEL OF PARTICULAR EQUIPMENT CAN BE ASCERTAINED.

A MANUFACTURER OR IMPORTER MAY ALSO BE REQUIRED TO MAKE AN ITEM AVAILABLE FOR NOISE TESTING OR INSPECTION OR TO HAVE IT TESTED AT SOME NOMINATED PLACE. IT IS INTENDED THAT SUCH REQUESTS WILL BE MADE ONLY WHEN THERE IS REASON TO BELIEVE THAT NOISE MADE BY A CERTAIN PRODUCT EXCEEDS A PRESCRIBED LEVEL AND RANDOM CHECKS WOULD NOT BE CARRIED OUT.

THE BILL ALSO INCLUDES COMPLEMENTARY CONTROLS FOR CERTAIN PRODUCTS ALREADY IN USE WHEN THE ABOVE PROVISIONS COME INTO FORCE. THE OBJECT IS TO PREVENT PRODUCTS FROM BECOMING EXCESSIVELY NOISY IN ACTUAL USE, SUCH AS THROUGH LACK OF MAINTENANCE.

/IT WOULD