TNAG-1807-FCO40-2568-Hong-Kong-pollution-control-Noise-Control-Ordinance-1988-(N-1988 — Page 203

FCO40 Hong Kong Department Records 聯邦事務部香港部檔案 All

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(b)

to carry out percussive piling between 7 a.m. and 7 p.m.,

otherwise than under a construction noise permit. Section 7 makes it an offence to carry out construction work contrary to any noise control regulations made under this legislation.

5.

Section 8 deals with applications for construction noise permits and the issue, refusal to issue, renewal, cancellation or variation of such permits. A permit may be cancelled or varied if any condition to which it is subject is contravened or, in some cases, where the Authority considers it necessary in the public interest. Section 9 enables the Secretary for Health and Welfare to prepare Technical Memoranda setting out principles for the prediction, assessment and measurement of noise emanating from construction sites and for the issuing of construction noise permits. The Authority is to have regard to such Technical Memoranda when carrying out his functions in respect of noise emanating from construction sites. Section 11 deals with the placing of Technical Memoranda before Legislative Council and section 12 deals with their commencement.

6. Control of noise from places other than domestic premises, public places or construction sites is dealt with in sections 10 and 13. Under section 10 the Secretary for Health and Welfare may prepare Technical Memoranda setting out principles for the prediction, assessment and measurement of noise from such places and for the issuing of noise abatement notices.

7.

Where under section 13 the Authority is satisfied that noise emanating from such a place is a source of annoyance to any person or, does not comply with prescribed limits or standards or with any principles set out in a Technical Memorandum prepared under section 10, the Authority may serve a noise abatement notice upon the person creating the noise or upon the owner or occupier of such place, requiring him to abate the noise. It is an offence to fail to comply with a noise abatement notice.

8.

Part III deals with the control of noise from prescribed products. Section 14 prohibits the manufacture, importation, assembly or supply of such products unless when operated under prescribed test conditions, the noise emitted from such products complies with prescribed noise standards. Section 15 provides that such products must comply with prescribed warranty periods. Section 16 empowers the Authority to require that such products be tested, or produced to the Authority for testing according to prescribed standards. Section 17 makes it an offence to use such products if at the time of use they do not comply with prescribed noise standards.

Part IV (sections 18 to 23) provides for appeals to an

9.

Appeal Board.

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