1964_NOISE_CONTROL_ORDINANCE — Page 24

HK Historical Laws 香港歷史法例 All AI Reviewed

1988 Ed.]

Noise Control

[CAP. 400

23

(a) by reason of the fact of any authorization under any licence, permit or exemption granted under any other Ordinance;

(b) in pursuance of the purpose of the prevention of injury to any person or the saving of the life of any person;

(c) in pursuance of the purpose of the prevention of damage to property where the circumstances placing the property in danger of being damaged could not reasonably have been foreseen by the person charged with the offence; or

(d) in pursuance of the purpose of the prevention of serious interruption or disruption to any public transport system where the circumstances which would otherwise cause such an interruption or disruption could not reasonably have been foreseen by the person charged with the offence.

Proof of permit, etc.

34. For the purposes of any proceedings under this Ordinance a document purporting to be a copy of any permit or notice issued under this Ordinance and of any conditions to which the permit or notice is subject and purporting to be certified by the Authority to be a true copy, shall be received in evidence on its production without further proof and, until the contrary is proved, it shall be presumed that

(a) the document is a true copy of the permit or notice;

(b) the document was certified by the Authority; and

(c) the permit or notice was issued in respect of the place stated in the document to the person stated in the document and is subject to those conditions.

Exemptions from provisions of the Ordinance

35. (1) The Governor in Council may by order published in the Gazette exempt any area, place, premises or activity from all or any of the 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.

Application in respect of aircraft noise

36. Nothing in this Ordinance shall apply to noise caused by aircraft.

Application of section 13 to Mass Transit Railway Corporation and Kowloon-Canton Railway Corporation

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.

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1988 Ed.] Noise Control [CAP. 400 23 (a) by reason of the fact of any authorization under any licence, permit or exemption granted under any other Ordinance; (b) in pursuance of the purpose of the prevention of injury to any person or the saving of the life of any person; (c) in pursuance of the purpose of the prevention of damage to property where the circumstances placing the property in danger of being damaged could not reasonably have been foreseen by the person charged with the offence; or (d) in pursuance of the purpose of the prevention of serious interruption or disruption to any public transport system where the circumstances which would otherwise cause such an interruption or disruption could not reasonably have been foreseen by the person charged with the offence. Proof of permit, etc. 34. For the purposes of any proceedings under this Ordinance a document purporting to be a copy of any permit or notice issued under this Ordinance and of any conditions to which the permit or notice is subject and purporting to be certified by the Authority to be a true copy, shall be received in evidence on its production without further proof and, until the contrary is proved, it shall be presumed that (a) the document is a true copy of the permit or notice; (b) the document was certified by the Authority; and (c) the permit or notice was issued in respect of the place stated in the document to the person stated in the document and is subject to those conditions. Exemptions from provisions of the Ordinance 35. (1) The Governor in Council may by order published in the Gazette exempt any area, place, premises or activity from all or any of the 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. Application in respect of aircraft noise 36. Nothing in this Ordinance shall apply to noise caused by aircraft. Application of section 13 to Mass Transit Railway Corporation and Kowloon-Canton Railway Corporation 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. 1
Baseline (Original)
1988 Ed.] Noise Control [CAP. 400 23 (a) by reason of the fact of any authorization under any licence, permit or exemption granted under any other Ordinance; (b) in pursuance of the purpose of the prevention of injury to any person or the saving of the life of any person; (c) in pursuance of the purpose of the prevention of damage to property where the circumstances placing the property in danger of being damaged could not reasonably have been foreseen by the person charged with the offence; or (d) in pursuance of the purpose of the prevention of serious interruption or disruption to any public transport system where the circumstances which would otherwise cause such an interruption or disruption could not reasonably have been foreseen by the person charged with the offence. Proof of permit, etc. 34. For the purposes of any proceedings under this Ordinance a document purporting to be a copy of any permit or notice issued under this Ordinance and of any conditions to which the permit or notice is subject and purporting to be certified by the Authority to be a true copy, shall be received in evidence on its production without further proof and, until the contrary is proved, it shall be presumed that (a) the document is a true copy of the permit or notice; (b) the document was certified by the Authority; and (c) the permit or notice was issued in respect of the place stated in the document to the person stated in the document and is subject to those conditions. Exemptions from provisions of the Ordinance 35. (1) The Governor in Council may by order published in the Gazette exempt any area, place, premises or activity from all or any of the 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. Application in respect of aircraft noise 36. Nothing in this Ordinance shall apply to noise caused by aircraft. Application of section 13 to Mass Transit Railway Corporation and Kowloon-Canton Railway Corporation 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. 1
2026-05-05 04:01:44 · Baseline
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1988 Ed.]

Noise Control

[CAP. 400

23

(a) by reason of the fact of any authorization under any licence, permit or

exemption granted under any other Ordinance;

(b) in pursuance of the purpose of the prevention of injury to any person

or the saving of the life of any person;

(c) in pursuance of the purpose of the prevention of damage to property where the circumstances placing the property in danger of being damaged could not reasonably have been foreseen by the person charged with the offence; or

(d) in pursuance of the purpose of the prevention of serious interruption or disruption to any public transport system where the circumstances which would otherwise cause such an interruption or disruption could not reasonably have been foreseen by the person charged with the offence.

Proof of permit, etc.

34. For the purposes of any proceedings under this Ordinance a document purporting to be a copy of any permit or notice issued under this Ordinance and of any conditions to which the permit or notice is subject and purporting to be certified by the Authority to be a true copy, shall be received in evidence on its production without further proof and, until the contrary is proved, it shall be presumed that

(a) the document is a true copy of the permit or notice;

(b) the document was certified by the Authority; and

(c) the permit or notice was issued in respect of the place stated in the document to the person stated in the document and is subject to those conditions.

Exemptions from provisions of the Ordinance

35. (1) The Governor in Council may by order published in the Gazette exempt any area, place, premises or activity from all or any of the 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.

Application in respect of aircraft noise

36. Nothing in this Ordinance shall apply to noise caused by aircraft.

Application of section 13 to Mass Transit Railway

Corporation and Kowloon-Canton Railway Corporation

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.

1

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