TNAG-1807-FCO40-2568-Hong-Kong-pollution-control-Noise-Control-Ordinance-1988-(N-1988 — Page 37

C256

Appeals against service of notice by Authority under section 11 or 14

NOISE CONTROL BILL 1988

(2) No appeal shall lie under this section in respect of an application under section 8 for the issue of a construction noise permit for the purposes of carrying out construction work between the hours of 7 p.m. and 7 a.m. or at any time on a general holiday.

(3) No appeal shall be made under this section except on the following grounds-

(a) that the refusal to issue a construction noise permit is not justified by the terms of this Ordinance or the Technical Memoranda issued under section 9(1);

(b) that the conditions imposed, amended or varied in relation to a construction noise permit are not justified by the terms of this Ordinance or the Technical Memoranda issued under section 9(1);

(c) that the refusal to issue a construction noise permit or compliance with the conditions imposed in relation to a construction noise permit or the cancellation of a construction noise permit would cause the appellant economic hardship; or

(d)

that the cancellation of a construction noise permit is not justified by the terms of this Ordinance or the Technical Memoranda issued under section 9(1).

(4) Any person who wishes to appeal under this section shall lodge a notice of appeal in the prescribed form and manner within 21 days after the service under section 8 of notice of the decision of the Authority to which the appeal relates.

17. (1) Subject to subsection (2), if any person on whom a notice is served under section 11(1) or (4) or section 14(1)(a) or (b) is aggrieved by such service, he may appeal to the Appeal Board.

(2) No appeal may be made under this section except on any or all of the following grounds-

(a) that the service of the notice is not justified by the terms of this Ordinance or, in the case of a notice served under section 11(1) on the grounds set out in section 11(1)(c), by the Technical Memoranda issued under section 10(1);

(b) that there has been some material informality, defect or error in the form or content of the notice or in connection with the service of the notice;

(c) that the requirements of the notice are unreasonable in character

or extent or are unnecessary;

(d) that compliance with the requirements of the notice would cause

the appellant economic hardship; or

(e) that the notice should have been served on some person other than

the appellant.

(3) Any person who wishes to appeal under this section shall lodge a notice of appeal in the prescribed form and manner within 21 days after the service of the notice to which the appeal relates.