1964_NOISE_CONTROL_ORDINANCE — Page 14

1988 Ed.]

Noise Control

[CAP. 400

13

(2) For the purposes of any proceedings under subsection (1), a product shall, until the contrary is proved, be presumed to be intended for use in Hong Kong.

(3) Any person who by way of trade or business imports, manufactures or supplies, or offers or exposes for supply, any product prescribed for the purposes of this Part which is--

(a) required by regulations made under section 27(1) to be fitted or equipped with any prescribed device or prescribed equipment so as to prevent, reduce or minimize the emission of noise; or

(b) required by regulations made under section 27(1) to be fitted with a prescribed plate, label or other marking relating to noise emission,

without the product being so fitted or equipped commits an offence.

(4) Any person who by way of trade or business imports, manufactures or supplies, or offers or exposes for supply, any product prescribed for the purposes of this Part which is fitted with a prescribed plate, label or other marking relating to noise emission without the product complying with any information stated on any such prescribed plate, label or other marking commits an offence.

(5) Any person who commits an offence under subsection (1), (3) or (4) 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.

Manufacture, etc. of products not complying with noise standards within warranty period

15. (1) Any person who by way of trade or business imports, manufactures 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 tested within the warranty period emits noise that does not comply with any standards prescribed for the purposes of this section,

commits an offence.

(2) For the purposes of any proceedings under subsection (1), a product shall, until the contrary is proved, be presumed to be intended for use in Hong Kong.

(3) For the purposes of subsection (1) "warranty period", in relation to any product prescribed for the purposes of this Part, means the period prescribed as the warranty period for such product.

(4) It shall be a defence to a charge under subsection (1) that the product which is the subject of the offence has, since the date of importation, manufacture or supply, or the offer or exposure for supply-

(a) been modified or altered in a manner which increases materially the emission of noise therefrom;