TNAG-0676-FCO40-825-Legislation-for-summary-offences-in-Hong-Kong-1977 — Page 67

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XCR(77)146

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The Advisory Committee on Environmental Pollution (EPCOM) has recommended that the use of air compressors, pneumatic drills, concrete vibrators and all types of mechanical hammers should be banned at night and on public holidays in the same manner as piling. Although this proposed extension of the present provision would, of course, not change the noisy characteristics of day-time construction work, the elimination of a wider range of construction noise at night and on public holidays would be helpful. It is therefore proposed to accept EPCOM's recommendation, as an interim measure, pending detailed recommendations on the control of construction noise by the Government's consultants on environmental pollution control. (The consultants advise that EPCOM's recommendation will not conflict with their eventual recommendations).

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Originally, the intention was to produce a comprehensive list of noisy construction equipment to which the ban would apply. However, there are considerable difficulties in defining all possible classes of noisy equipment and it is now proposed that the ban should apply to the use of all powered mechanical equipment including piling equipment subject to the exceptions described in clause 3(b) of the bill. The exceptions are proposed mainly to allow private individuals to carry out domestic repairs and the construction industry to perform isolated tasks at night and on public holidays, subject, of course, to the provi- sions of section 13(1)(a) of the Ordinance (under which it is an offence to disturb the public tranquility between the hours of 11 p. m, and 6 a. m.).

Hours of the ban on the use of powered mechanical equipment

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It is considered that the existing night-time ban on piling work from 8 p.m. to 6 a. m. is inadequate, in that most people arrive home well before 8 p. m. and are still asleep at 6 a. m. Already work on Government contracts is not normally permitted between 7 p.m. and 7 a. m. and it is proposed that these hours should apply to all contracts. Accordingly, clause 3(a) amends section 13 of the principal Ordinance to ban the use of powered mechanical equipment on public holidays and on all days between 7 p. m. and 7 a, m.

Exemptions granted by the Director of Public Works

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Section 13(6)(a) of the principal Ordinance and the Summary Offences (Night Work) Regulations empower the Director of Public Works to issue permits for construction work, except piling, to be carried out between 11 p. m. and 6 a. m. Such permits are valid for one month and

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