TNAG-0768-FCO40-972-Supplies-of-electrical-power-for-Hong-Kong-Castle-Peak-power-1978 — Page 202

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XCR(78)177

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2

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The construction schedules for these contracts are very tight and 24-hour working is needed to allow the project to be completed in time. This will also allow a more economical use of the capital intensive machinery and plant.

Proposed Exemption from Section 13 of the Summary Offences Ordinance

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Under section 13(1)(a) of the Summary Offences Ordinance (Chapter 228) it is an offence to make or cause, between the hours of 11 p. m. and 6 a. m,, any noise calculated to disturb or interfere with the public tranquility or to annoy any person. However, subsection (4) of section 13 provides that this section shall not apply to such districts or areas as the Governor in Council may specify by order published in the gazette. Such an order is now sought to allow construction work (other than piling) to be carried out in between 11 p.m. and 6 a.m. in the area of the aforementioned works.

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The sites of both the land and marine works described in paragraphs 3 and 4 above are sufficiently remote from built- up areas to make it unlikely that noise problems will arise if night work is carried out. The Secretary for the New Territories, the Director of Marine, the Director of Agriculture and Fisheries and the Commissioner of Police have been consulted and they have no objection to the work described above being carried out on a 24-hour basis.

A

B

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It is recommended that exemption from the provisions of section 13 of the Summary Offences Ordinance (Chapter 228) should be given for the areas shown coloured pink on the plan at Annex A subject to the condition that the Director of Public Works may at any time order work to be stopped if he considers that the noise created by the work is causing undue disturbance and annoyance to the public. The periods of exemption would be as indicated in the Schedule of the Draft Order. The draft Summary Offences Ordinance (Exemption from section 13)(No 3) Order 1978 at Annex B is for the consideration of Honourable Members.

G.S. 84

Public Relations Aspect

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As the sites are sufficiently remote from the built-up areas it is unlikely that a noise problem will arise, and it is there- fore expected that there will be no objection from the public.

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