TNAG-0676-FCO40-825-Legislation-for-summary-offences-in-Hong-Kong-1977 — Page 69

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XCR(77)146

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Street cries for buying or selling goods

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The opportunity is also being taken to repeal and replace section 6 of the principal Ordinance which deals with street cries and other noises made for buying, selling or attracting attention to goods. The present law has two weaknesses which it is proposed to

remove:

(a)

(b)

Although a fine of $50 can be imposed for an offence under the existing section, this is considered unrealistic in dealing with proprietors of record shops from whose premises amplified noises are frequently emitted, constituting a nuisance to neighbouring householders and the general public. Accordingly, clause 2 of the bill provides for a more substantial fine of $2,000 in such cases.

Police action under section 6 is impaired by the difficulty of proving that cries or noises are made for the purpose of buying or selling or with the object of attracting attention to goods. Accordingly, clause 2 further provides, in the proposed new section 6, that, where such cries or noises are emitted from any place where business is carried on or in which goods or wares are displayed, it shall be presumed, until the contrary is proved, that the cries or noises were made for the purpose of buying or selling or attracting attention to goods, as the case may be.

Consultation

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The Building Contractors' Association and the Chinese Manufacturers' Association have been consulted and have no objections to these proposals which have been endorsed by EPCOM. Some members of the Building Contractors' Association have suggested that three years' notice should be given before the legislation regarding construction noise is brought into operation. This is considered excessive and two years' notice, as proposed in paragraph 10, is recommended.

Public relations aspects

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Despite the general acceptance of these proposals by the Building Contractors' Association and the Chinese Manufacturers' Association, there are bound to be individual contractors who will

C.S. 84

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