1964_NOISE_CONTROL_ORDINANCE — Page 13

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CAP. 400

Noise Control

[1988 Ed.

(b) where the noise is emanating from such place by reason of the opera- tion of any plant, machinery, vehicle, equipment or process, ensure that any such plant, machinery, vehicle, equipment or process is operated in accordance with any condition specified in the notice; and (c) notify the Authority in writing within the period specified in the notice that any requirement referred to in paragraph (a) or (b) and specified in the notice has been complied with.

(3) In specifying a period under subsection (2) within which noise is to be abated, the Authority shall have regard to the nature, difficulty and complexity of complying with any requirement in the noise abatement notice.

(4) The Authority may, by notice in the prescribed form served on any person on whom a noise abatement notice has been served under subsection (1), cancel the noise abatement notice or vary any requirement therein.

(5) A noise abatement notice served under subsection (1) or any notice served under subsection (4) varying a requirement in a noise abatement notice shall not take effect until a date specified in any such notice, being a date not less than 21 days after the day on which the notice is served.

(6) Any person who, having been served with a noise abatement notice under subsection (1) or a notice under subsection (4), fails to comply with any requirement therein commits an offence.

(7) Any person who commits an offence under subsection (6) shall be liable

(a) on first conviction to a fine of $50,000;

(b) on second or subsequent conviction, to a fine of $100,000,

and in any case to a fine of $10,000 for each day during which the offence continues.

(8) Any person who, having been required to notify the Authority in writing under subsection (2)(c) that any requirement has been complied with, makes or furnishes any statement in so notifying the Authority which to his knowledge is misleading or false in a material particular, commits an offence and is liable to a fine of $50,000.

PART III

CONTROL OF NOISY PRODUCTS

Manufacture, etc. of products not in compliance with noise standards

14. (1) Any person who by way of trade or business imports, manufac- tures or supplies, or offers or exposes for supply, any product prescribed for the purposes of this Part which-

(a) is intended for use in Hong Kong; and

(b) when operated under prescribed test conditions emits noise that is not in accordance with any standard prescribed for the purposes of this section,

commits an offence.