NOISE CONTROL
Ord. No. 75/88
A509
35. (1) The Governor in Council may by order published in the Exemptions Gazette exempt any area, place, premises or activity from all or any of the from provisions provisions of this Ordinance.
(2) An order under subsection (1) may—
(a) be made subject to such conditions or limitations;
(b) have effect for such period of time; or
(c) have such partial operation,
as may be specified in the order.
of the Ordinance
36. Nothing in this Ordinance shall apply to noise caused by aircraft. Application in
37. Section 13 shall apply to the Mass Transit Railway Corporation and the Kowloon-Canton Railway Corporation only so far as is practicable and compatible with the discharge of any function or the exercise of any power or duty conferred or imposed upon them according to law.
respect of aircraft noise
Application of section 13 to Railway Corporation and Kowloon- Canton Railway Corporation
Mass Transit
38. (1) Subject to this section, this Ordinance shall bind the Crown. Application to
(2) Section 4, 5, 6, 7, 13, 14, 15, 16 or 17 shall not have effect to permit proceedings to be taken against, or to impose any criminal liability on, the Crown or on any public officer who causes or permits to be made any noise in the course of carrying out his duties in the service of the Crown.
(3) If it appears to the Authority that any noise is being, or has been, made in contravention of section 4, 5, 6, 7, 13, 14, 15, 16 or 17 by any public officer in the course of carrying out his duties in the service of the Crown, the Authority shall, if the contravention is not forthwith terminated to his satisfaction, report the matter to the Chief Secretary.
(4) On receipt of a report under subsection (3), the Chief Secretary shall enquire into the circumstances and, if his enquiry shows that a contravention of section 4, 5, 6, 7, 13, 14, 15, 16 or 17 is continuing or likely to recur, he shall ensure that the best practicable steps are taken to terminate the contravention or avoid the recurrence.
(5) Any notice under this Ordinance concerning the making of noise which is to be, or may be, given or made by or on behalf of the Crown may be given or made by any public officer on behalf of the Crown.
(6) Any notice under this Ordinance concerning the making of noise which is to be, or may be, given by the Authority to the Crown shall be given to the principal officer of the Government Department which appears to the Authority to be responsible for such emission or, in the event of any question arising as to which Department is responsible, to such public officer as the Chief Secretary shall determine.
(7) No fee prescribed under this Ordinance shall be payable by the Crown.
Crown
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