TNAG-1807-FCO40-2568-Hong-Kong-pollution-control-Noise-Control-Ordinance-1988-(N-1988 — Page 170

A496

Ord. No. 75/88

Technical

Memoranda

NOISE CONTROL

Noise from Places other than Domestic Premises, Public Places or Construction Sites

10. (1) The Secretary may issue from time to time Technical Memoranda setting out principles, procedures, guidelines, standards and relating to noise limits for-- emanating from places other than domestic premises, public

places or construction

sites

Placing of Technical

Memoranda

before

Legislative

Council

(a) the measurement and assessment of noise emanating from any place other than domestic premises, a public place or a construction site;

(b) the issuing of noise abatement notices in respect of such noise;

(c) the determination of whether or not a noise abatement notice is

being complied with.

(2) The Authority shall be guided by Technical Memoranda issued from time to time under subsection (1) when undertaking any measurement or assessment to determine if a noise abatement notice should be served under section 13(1)(c).

(3) A copy of every Technical Memorandum issued from time to time under subsection (1) shall be made available by the Secretary for inspection by the public free of charge at such offices of the Government as the Secretary may direct, during the hours of business.

11. (1) All Technical Memoranda issued under section 9 or 10 shall be published in the Gazette and shall be laid on the table of the Legislative Council at the next sitting thereof after such publication.

(2) Where a Technical Memorandum has been laid on the table of the Legislative Council under subsection (1), the Legislative Council may, by resolution passed at a sitting of the Legislative Council held before the expiration of a period of 28 days after the sitting at which it was so laid, provide that such Technical Memorandum shall be amended in any manner whatsoever consistent with the power to issue such Technical Memorandum.

(3) If the period referred to in subsection (2) would but for this subsection expire-

(a) after the end of a session of the Legislative Council or a dissolution

thereof; but

(b) on or before the day of the second sitting of the Legislative

Council in the next following session thereof,

that period shall be deemed to extend to and expire on the day after that second sitting.

(4) Before the expiration of the period referred to in subsection (2) or that period as extended by virtue of subsection (3), the Legislative Council may by resolution in relation to any Technical Memoranda specified therein extend that period or that period as so extended by a further period not exceeding 21 days.