【法规名称】
【法规编号】 79208 什么是编号？
【正 文】
第2页 CAP 400 NOISE CONTROL ORDINANCE
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[接上页] "place" (地方) means any place whether on land or water; "powered mechanical equipment" (机动设备) means any machine or device driven by electrical, chemical or thermal energy including energy transmitted by compressed air, steam, or hydraulic means a principal function of which is to produce mechanical movement; "public place" (公众地方)- (a) includes all piers, thoroughfares, streets, roads, lanes, alleys, courts, squares, waterways, beaches, passages, paths, ways, parks, country parks, public gardens and any other place to which the public have access either continuously or periodically, whether the same are the property of the Government or of private persons; (Amended 29 of 1998 s. 105) (b) does not include any place kept or used for the purpose of- (i) any form of trade, business, commerce, craftsmanship, profession, calling or other activity carried on for the purpose of gain; (ii) any form of association of persons established for the purpose of affording the members of that association facilities for social intercourse or recreation; or (iii) any public entertainment as defined by section 2 of the Places of Public Entertainment Ordinance (Cap 172);"registered owner" (登记车主) has the same meaning as in the Road Traffic Ordinance (Cap 374); (Added 61 of 1996 s. 2) "Secretary" (局长) means the Secretary for the Environment, Transport and Works; (Replaced 78 of 1999 s. 7. Amended L.N. 106 of 2002) "vehicle" (车辆) has the same meaning as in the Road Traffic Ordinance (Cap 374). (Added 61 of 1996 s. 2) (Enacted 1988) Cap 400 s 3 Appointment of Noise Control Authority (1) The Governor shall appoint a public officer to be the Noise Control Authority for the purposes of this Ordinance. (2) An appointment under subsection (1) shall be notified in the Gazette. (3) The Authority may authorize in writing any public officer to perform or exercise all or any of the functions which are imposed or conferred on the Authority by this Ordinance. (Enacted 1988) Cap 400 s 4 Noise at night or on a general holiday PART II CONTROL OF NOISY ACTIVITIES Noise from Domestic Premises and Public Places (1) Any person who between the hours of 11 p.m. and 7 a.m., or at any time on a general holiday in any domestic premises or public place makes or causes to be made any noise which is a source of annoyance to any person commits an offence. (2) Any person being the owner, tenant, occupier or person in charge of any domestic premises who between the hours of 11 p.m. and 7 a.m., or at any time on a general holiday knowingly permits or suffers noise which is a source of annoyance to any person to emanate from those domestic premises commits an offence. (3) Any person who commits an offence under this section shall be liable to a fine of $10000. (Amended 2 of 1994 s. 9) (Enacted 1988) Cap 400 s 5 Noise at any time (1) Any person who at any time in any domestic premises or public place- (a) plays or operates any musical or other instrument, including any record or cassette player or radio or television apparatus; (b) uses any loud-speaker, megaphone, or other device or instrument for magnifying sound; (c) plays any game or engages in any pastime; or (d) carries on a trade or business,the noise of which is a source of annoyance to any person commits an offence. (2) Any person who at any time in any domestic premises operates, or causes or permits to be operated, any air-conditioning or ventilating system or part thereof, the noise of which is a source of annoyance to any person commits an offence. (3) Any person who at any time in any domestic premises or public place keeps any animal or bird that makes any noise which is a source of annoyance to any person commits an offence. (4) Any person who at any time in or near any public place, for the purpose of attracting attention to his goods, wares or trade, makes any noise which is a source of annoyance to any person commits an offence. (5) Any person who commits an offence under this section shall be liable to a fine of $10000. (Amended 2 of 1994 s. 9) (Enacted 1988) Cap 400 s 5A Exemptions from sections 4 and 5 Nothing in sections 4 and 5 shall apply to noise caused by - (a) a tram; (b) a vehicle of the North-west Railway within the meaning of the Kowloon-Canton Railway Corporation Ordinance (Cap 372); or (c) any other vehicle travelling in a public place, whether or not mechanically propelled, which is constructed or adapted for use on roads. (Added 6 of 1992 s. 2) Cap 400 s 6 Noise from construction sites Noise from Construction Sites (1) Subject to subsection (6), any person who at any place between the hours of 7 p.m. and 7 a.m., or at any time on a general holiday, uses, or causes or permits to be used, any powered mechanical equipment for the purpose of carrying out any construction work other than percussive piling- (a) in respect of which a construction noise permit is not in force; or (b) otherwise than in accordance with the conditions of a construction noise permit in force in respect thereof, commits an offence. |
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