TNAG-1807-FCO40-2568-Hong-Kong-pollution-control-Noise-Control-Ordinance-1988-(N-1988 — Page 57

C276

NOISE CONTROL BILL 1988

6. Clause 8 of the Bill 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. Clause 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 construc- tion sites and for the issuing of construction noise permits. The Authority is to have regard to such Technical Memoranda when carrying out his func- tions in respect of noise emanating from construction sites.

7. Control of noise from places other than domestic premises, public places or construction sites is dealt with in clauses 10 and 11. Under clause 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.

8. Where under clause 11 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 clause 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.

9. Part III of the Bill comprising clauses 12 to 15 deals with the control of noise from prescribed products.

10. Clause 12 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. Clause 13 provides that such products must comply with prescribed warranty periods. Clause 14 empowers the Authority to require that such products be tested, or produced to the Authority for testing according to prescribed standards. Clause 15 makes it an offence to use such products if at the time of use they do not comply with prescribed noise standards.

11. Part IV of the Bill (clauses 16 to 21) provides for appeals to an Appeal Board.

12. Part V of the Bill (clauses 22 to 24) contains provisions for the exercise by the Authority of powers in aid of enforcement.

13. Part VI of the Bill (clauses 25 to 39) deals with miscellaneous matters. These include provision for----

(a) the making of regulations (clause 25);

(b) the protection of private information (clause 26);

(c) the protection of public officers in carrying out their duties (clause

27);

(d) prosecution of offences (clause 30);

(e) proof of permit (clause 32);