1965 — Page 102

Urban Council Proceedings 市政局議事錄 All AI Reviewed

Page 102 of 382

182

HONG KONG URBAN COUNCIL

So far as I am aware there is no legal provision, other than the right of the individual to sue for an injunction, apart from section 12 of the Summary Offences Ordinance under which it would be possible to restrict noise on building and engineering sites.

Section 12 of the Summary Offences Ordinance to which I have just referred states, inter alia: "No person shall between the hours of 11 p.m. and 6 a.m. make or cause or permit to be made or caused any noise whatever calculated to disturb or interfere with the public tranquility or to annoy any person".

DR. Woo:- Mr Chairman, Section 12 of the Summary Offences Ordinance deals with noise in general. Am I right in saying that basing on this Ordinance the Director of Public Works allows the contractor to do piling up to 11 p.m.?

DIRECTOR OF PUBLIC WORKS: It is not a question, Sir, of my allowing them, it is that I have no right to stop them.

DR. Woo:- The Director of Public Works probably agrees with me that noise due to this piling is damaging to health both mentally and physically. Would you consider making regulations?

DIRECTOR OF PUBLIC WORKS: I think, Mr. Chairman, that it is not up to the Director of Public Works to make any regulations. He does not make them and I think it would be more appropriate myself if any recommendation to Government came from this Council on behalf of environmental hygiene and health, rather than from the Director of Public Works who is involved with the whole aspect of the building industry and not simply the noise which it makes.

MR. H. HU:- Did the Director of Public Works issue any directions to the construction companies to limit their time for piling?

DIRECTOR OF PUBLIC WORKS:- The Director of Public Works can only do what he has power to do. I have got no power to issue any instructions to Contractors, other than Contractors of the Public Works Department who are under contract with us as to the hours that they should work, and I am quite sure that if I did so there would be many people in this Colony who would challenge my right to do so.

MR. SALES:- Mr. Chairman, as this matter concerns the health of members of the public, has the Vice Chairman any view as to whether recommendations for the enactment of appropriate legislation should be made or not?

ACTING DEPUTY DIRECTOR OF MEDICAL AND HEALTH SERVICES: Mr. Chairman, the question of noise has already been considered by the Health Education Select Committee and the views of the Medical and Health Department have already been submitted to that Committee.

HONG KONG URBAN COUNCIL

183

the Health Education Select Committee and the views of the Medical and Health Department have already been submitted to that Committee.

MR. SALES: Do the views include the legislation which Dr. Woo had in view earlier on when he asked a supplementary question on the subject?

ACTING DEPUTY DIRECTOR OF MEDICAL AND HEALTH SERVICES: Mr. Chairman, the recommendations do not include any specific recommendations concerning regulations.

MR. SALES:- Sir, in consequence of this discussion this afternoon is the Vice Chairman prepared to review the position of the Medical Department on the subject of noise insofar as it relates to the legislation which apparently is desirable on this subject?

ACTING DEPUTY DIRECTOR OF MEDICAL AND HEALTH SERVICES: Mr. Chairman, I am not completely clear on Mr. SALES' question. I would like a little clarification.

MR. SALES:- Mr. Chairman, I am surprised to find so many official members so distracted (laughter). May I suggest that the Secretary sends to the Vice Chairman the text of my question and let him study it and give us a reply through the Health Education Select Committee.

ACTING DEPUTY DIRECTOR OF MEDICAL AND HEALTH SERVICES: I am quite prepared to do that.

(21) DR. P. F. Woo asked the following question:

Government has just given approval to the project of constructing a cross-harbour tunnel. Would the Chairman enquire whether the Traffic Advisory Committee was consulted before permission was given for the project?

THE CHAIRMAN replied as follows:-

The answer to your question, Sir, is in the affirmative. The matter was considered at some length, I understand, at a meeting held on 18th March, 1965.

I should add that Government has not yet given formal approval to the cross-harbour tunnel scheme which forms the subject of a resolution to be introduced into Legislative Council shortly.

DR. Woo:- Mr. Chairman, may I ask a supplementary question and I hope you will not rule it out of order. May I ask whether the Advisory Committee on Public Transport has been consulted on this project?

Page 103 of 382

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Page 102 of 382 182 HONG KONG URBAN COUNCIL So far as I am aware there is no legal provision, other than the right of the individual to sue for an injunction, apart from section 12 of the Summary Offences Ordinance under which it would be possible to restrict noise on building and engineering sites. Section 12 of the Summary Offences Ordinance to which I have just referred states, inter alia: "No person shall between the hours of 11 p.m. and 6 a.m. make or cause or permit to be made or caused any noise whatever calculated to disturb or interfere with the public tranquility or to annoy any person". DR. Woo:- Mr Chairman, Section 12 of the Summary Offences Ordinance deals with noise in general. Am I right in saying that basing on this Ordinance the Director of Public Works allows the contractor to do piling up to 11 p.m.? DIRECTOR OF PUBLIC WORKS: It is not a question, Sir, of my allowing them, it is that I have no right to stop them. DR. Woo:- The Director of Public Works probably agrees with me that noise due to this piling is damaging to health both mentally and physically. Would you consider making regulations? DIRECTOR OF PUBLIC WORKS: I think, Mr. Chairman, that it is not up to the Director of Public Works to make any regulations. He does not make them and I think it would be more appropriate myself if any recommendation to Government came from this Council on behalf of environmental hygiene and health, rather than from the Director of Public Works who is involved with the whole aspect of the building industry and not simply the noise which it makes. MR. H. HU:- Did the Director of Public Works issue any directions to the construction companies to limit their time for piling? DIRECTOR OF PUBLIC WORKS:- The Director of Public Works can only do what he has power to do. I have got no power to issue any instructions to Contractors, other than Contractors of the Public Works Department who are under contract with us as to the hours that they should work, and I am quite sure that if I did so there would be many people in this Colony who would challenge my right to do so. MR. SALES:- Mr. Chairman, as this matter concerns the health of members of the public, has the Vice Chairman any view as to whether recommendations for the enactment of appropriate legislation should be made or not? ACTING DEPUTY DIRECTOR OF MEDICAL AND HEALTH SERVICES: Mr. Chairman, the question of noise has already been considered by the Health Education Select Committee and the views of the Medical and Health Department have already been submitted to that Committee. HONG KONG URBAN COUNCIL 183 the Health Education Select Committee and the views of the Medical and Health Department have already been submitted to that Committee. MR. SALES: Do the views include the legislation which Dr. Woo had in view earlier on when he asked a supplementary question on the subject? ACTING DEPUTY DIRECTOR OF MEDICAL AND HEALTH SERVICES: Mr. Chairman, the recommendations do not include any specific recommendations concerning regulations. MR. SALES:- Sir, in consequence of this discussion this afternoon is the Vice Chairman prepared to review the position of the Medical Department on the subject of noise insofar as it relates to the legislation which apparently is desirable on this subject? ACTING DEPUTY DIRECTOR OF MEDICAL AND HEALTH SERVICES: Mr. Chairman, I am not completely clear on Mr. SALES' question. I would like a little clarification. MR. SALES:- Mr. Chairman, I am surprised to find so many official members so distracted (laughter). May I suggest that the Secretary sends to the Vice Chairman the text of my question and let him study it and give us a reply through the Health Education Select Committee. ACTING DEPUTY DIRECTOR OF MEDICAL AND HEALTH SERVICES: I am quite prepared to do that. (21) DR. P. F. Woo asked the following question: Government has just given approval to the project of constructing a cross-harbour tunnel. Would the Chairman enquire whether the Traffic Advisory Committee was consulted before permission was given for the project? THE CHAIRMAN replied as follows:- The answer to your question, Sir, is in the affirmative. The matter was considered at some length, I understand, at a meeting held on 18th March, 1965. I should add that Government has not yet given formal approval to the cross-harbour tunnel scheme which forms the subject of a resolution to be introduced into Legislative Council shortly. DR. Woo:- Mr. Chairman, may I ask a supplementary question and I hope you will not rule it out of order. May I ask whether the Advisory Committee on Public Transport has been consulted on this project? Page 103 of 382 184 (To be continued) 382

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382 Page 102 of 382 182 HONG KONG URBAN COUNCIL So far as I am aware there is no legal provision, other than the right of the individual to sue for an injunction, apart from section 12 of the Summary Offences Ordinance under which it would be possible to restrict noise on building and engineering sites. Section 12 of the Summary Offences Ordinance to which I have just referred states, inter alia: "No person shall between the hours of 11 p.m. and 6 a.m. make or cause or permit to be made or caused any noise whatever calculated to disturb or interfere with the public tran- quility or to annoy any person". DR. Woo:-Mr Chairman, Section 12 of the Summary Offences Ordinance deals with noise in general. Am I right in saying that basing on this Ordinance the Director of Public Works allows the contractor to do piling up to to 11 p.m.? DIRECTOR OF PUBLIC WORKS: It is not a question, Sir, of my allowing them, it is that I have no right to stop them. DR. Woo:-The Director of Public Works probably agrees with me that noise due to this piling is damaging to health both mentally and physically. Would you consider making regulations? DIRECTOR OF PUBLIC WORKS: I think, Mr. Chairman, that it is not up to the Director of Public Works to make any regulations. He does not make them and I think it would be more appropriate myself if any recommendation to Government came from this Council on behalf of environmental hygiene and health, rather than from the Direc- tor of Public Works who is involved with the whole aspect of the build- ing industry and not simply the noise which it makes. MR. H. HU:-Did the Director of Public Works issue any direc- tions to the construction companies to limit their time for piling? DIRECTOR OF PUBLIC WORKS:-The Director of Public Works can only do what he has power to do. I have got no power to issue any in- structions to Contractors, other than Contractors of the Public Works Department who are under contract with us as to the hours that they should work, and I am quite sure that if I did so there would be many people in this Colony who would challenge my right to do so. MR. SALES: -Mr. Chairman, as this matter concerns the health of members of the public, has the Vice Chairman any view as to whether recommendations for the enactment of appropriate legislation should be made or not? ACTING DEPUTY DIRECTOR OF MEDICAL AND HEALTH SERVICES: Mr. Chairman, the question of noise has already been considered by HONG KONG URBAN COUNCIL 183 the Health Education Select Committee and the views of the Medical and Health Department have already been submitted to that Committee. MR. SALES: Do the views include the legislation which Dr. Woo had in view earlier on when he asked a supplementary question on the subject? ACTING DEPUTY DIRECTOR OF MEDICAL AND HEALTH SERVICES: Mr. Chairman, the recommendations do not include any specific recom- mendations concerning regulations. MR. SALES: --Sir, in consequence of this discussion this afternoon is the Vice Chairman prepared to review the position of the Medical Department on the subject of noise insofar as it relates to the legislation which apparently is desirable on this subject? ACTING DEPUTY DIRECTOR OF MEDICAL AND HEALTH SERVICES: Mr. Chairman, I am not completely clear on Mr. SALES' question. I would like a little clarification. MR. SALES: -Mr. Chairman, I am surprised to find so many official members so distracted (laughter). May I suggest that the Secretary sends to the Vice Chairman the text of my question and let him study it and give us a reply through the Health Education Select Committee. ACTING DEPUTY DIRECTOR OF MEDICAL AND HEALTH SERVICES: I am quite prepared to do that. (21) DR. P. F. Woo asked the following question: Government has just given approval to the project of construct- ing a cross-harbour tunnel. Would the Chairman enquire whether the Traffic Advisory Committee was consulted before permission was given for the project? THE CHAIRMAN replied as follows:- The answer to your question, Sir, is in the affirmative. The matter was considered at some length, I understand, at a meeting held on 18th March, 1965. I should add that Government has not yet given formal approval to the cross-harbour tunnel scheme which forms the subject of a resolution to be introduced into Legislative Council shortly. DR. Woo:-Mr. Chairman, may I ask a supplementary question and I hope you will not rule it out of order. May I ask whether the Advisory Committee on Public Transport has been consulted on this project?

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382

Page 102 of 382

182

HONG KONG URBAN COUNCIL

DR. Woo:-Mr Chairman, Section 12 of the Summary Offences Ordinance deals with noise in general. Am I right in saying that basing on this Ordinance the Director of Public Works allows the contractor to do piling up to to 11 p.m.?

DIRECTOR OF PUBLIC WORKS: It is not a question, Sir, of my allowing them, it is that I have no right to stop them.

DR. Woo:-The Director of Public Works probably agrees with me that noise due to this piling is damaging to health both mentally and physically. Would you consider making regulations?

DIRECTOR OF PUBLIC WORKS: I think, Mr. Chairman, that it is not up to the Director of Public Works to make any regulations. He does not make them and I think it would be more appropriate myself if any recommendation to Government came from this Council on behalf of environmental hygiene and health, rather than from the Direc- tor of Public Works who is involved with the whole aspect of the build- ing industry and not simply the noise which it makes.

MR. H. HU:-Did the Director of Public Works issue any direc- tions to the construction companies to limit their time for piling?

DIRECTOR OF PUBLIC WORKS:-The Director of Public Works can only do what he has power to do. I have got no power to issue any in- structions to Contractors, other than Contractors of the Public Works Department who are under contract with us as to the hours that they should work, and I am quite sure that if I did so there would be many people in this Colony who would challenge my right to do so.

MR. SALES: -Mr. Chairman, as this matter concerns the health of members of the public, has the Vice Chairman any view as to whether recommendations for the enactment of appropriate legislation should be made or not?

ACTING DEPUTY DIRECTOR OF MEDICAL AND HEALTH SERVICES: Mr. Chairman, the question of noise has already been considered by

HONG KONG URBAN COUNCIL

183

the Health Education Select Committee and the views of the Medical and Health Department have already been submitted to that Committee.

MR. SALES: Do the views include the legislation which Dr. Woo had in view earlier on when he asked a supplementary question on the subject?

ACTING DEPUTY DIRECTOR OF MEDICAL AND HEALTH SERVICES: Mr. Chairman, the recommendations do not include any specific recom- mendations concerning regulations.

MR. SALES: --Sir, in consequence of this discussion this afternoon is the Vice Chairman prepared to review the position of the Medical Department on the subject of noise insofar as it relates to the legislation which apparently is desirable on this subject?

ACTING DEPUTY DIRECTOR OF MEDICAL AND HEALTH SERVICES: Mr. Chairman, I am not completely clear on Mr. SALES' question. I would like a little clarification.

MR. SALES: -Mr. Chairman, I am surprised to find so many official members so distracted (laughter). May I suggest that the Secretary sends to the Vice Chairman the text of my question and let him study it and give us a reply through the Health Education Select Committee.

ACTING DEPUTY DIRECTOR OF MEDICAL AND HEALTH SERVICES: I am quite prepared to do that.

(21) DR. P. F. Woo asked the following question:

Government has just given approval to the project of construct- ing a cross-harbour tunnel. Would the Chairman enquire whether the Traffic Advisory Committee was consulted before permission was given for the project?

THE CHAIRMAN replied as follows:-

The answer to your question, Sir, is in the affirmative. The matter was considered at some length, I understand, at a meeting held on 18th March, 1965.

I should add that Government has not yet given formal approval to the cross-harbour tunnel scheme which forms the subject of a resolution to be introduced into Legislative Council shortly.

DR. Woo:-Mr. Chairman, may I ask a supplementary question and I hope you will not rule it out of order. May I ask whether the Advisory Committee on Public Transport has been consulted on this project?

1965 — Page 102

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