TNAG-1807-FCO40-2568-Hong-Kong-pollution-control-Noise-Control-Ordinance-1988-(N-1988 — Page 27

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Technical Memoranda relating to noise emanating from places other than domestic premises, public

places or construction

sites

Noise abatement notices

NOISE CONTROL BILL 1988

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 limits for-

(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 11(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) Where the Authority is satisfied that noise is emanating from any place other than domestic premises, a public place or a construction site and that such noise, whether on its own or together with noise emanating from any other place other than domestic premises, a public place or a con- struction site,-

(a) is a source of annoyance to any person other than a person in the

place from which the noise is emanating;

(b) does not comply with any standard or limit prescribed for the

purposes of this section; or

(c)

does not comply with any standard or limit contained in Technical Memoranda issued from time to time under section 10(1),

the Authority may serve a noise abatement notice in the prescribed form on any or all of the following--

(i) the person making the noise or causing or permitting the noise to

be made; or

(ii) the owner, tenant, occupier or person in charge of the place from

which the noise is emanating.

(2) A noise abatement notice served under subsection (1) relating to noise emanating from any place may require the person on whom it is served to abate the noise within the period specified therein and to do all things as may be necessary for that purpose, and may require the person on whom it is served to-

(a) ensure that the noise emanating from such place does not exceed

any limit or standard specified in the notice;