【法规名称】
【法规编号】 79208 什么是编号？
【正 文】
第5页 CAP 400 NOISE CONTROL ORDINANCE
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[接上页] (3) A copy of every Technical Memorandum issued from time to time under subsection (1) shall be made available by the Secretary for inspection by the public free of charge at such offices of the Government as the Secretary may direct, during the hours of business. (Enacted 1988) Cap 400 s 11 Placing of Technical Memorandum before Legislative Council (1) All Technical Memoranda issued under section 9 or 10 shall be published in the Gazette and shall be laid on the table of the Legislative Council at the next sitting thereof after such publication. (2) Where a Technical Memorandum has been laid on the table of the Legislative Council under subsection (1), the Legislative Council may, by resolution passed at a sitting of the Legislative Council held before the expiration of a period of 28 days after the sitting at which it was so laid, provide that such Technical Memorandum shall be amended in any manner whatsoever consistent with the power to issue such Technical Memorandum. (3) If the period referred to in subsection (2) would but for this subsection expire- (a) after the end of a session of the Legislative Council or a dissolution thereof; but (b) on or before the day of the second sitting of the Legislative Council in the next following session thereof,that period shall be deemed to extend to and expire on the day after that second sitting. *(4) Before the expiration of the period referred to in subsection (2) or that period as extended by virtue of subsection (3), the Legislative Council may by resolution in relation to a Technical Memorandum specified therein- (a) in the case of the period referred to in subsection (2), extend that period to the first sitting of the Legislative Council held not earlier than the twenty-first day after the day of its expiration; (b) in the case where the period referred to in subsection (2) has been extended by virtue of subsection (3), extend that period as so extended to the first sitting of the Legislative Council held not earlier than the twenty-first day after the day of the second sitting in that next following session. (Replaced 8 of 2002 s. 13)(5) Any resolution passed by the Legislative Council in accordance with this section shall be published in the Gazette not later than 14 days after the passing thereof or within such further period as the Governor may allow in any particular case. (6) In this section, "sitting" (立法局会议), when used to calculate time, means the day on which the sitting commences and only includes a sitting at which subsidiary legislation is included on the order paper. (Added 89 of 1993 s. 36) (Enacted 1988)_________________________________________________________________________________ Note: * For the transitional provision relating to this subsection as amended by section 13 of the Extension of Vetting Period (Legislative Council) Ordinance 2002 (8 of 2002), see section 14 of that Ordinance. Cap 400 s 12 Commencement of Technical Memoranda All Technical Memoranda issued under section 9 or 10 shall come into operation- (a) in the case where before the expiration of the period referred to in section 11(2) or, before the expiration of that period as extended by virtue of section 11(3) or (4), the Legislative Council does not pass a resolution amending the Technical Memoranda, upon the expiration of that period or, upon the expiration of that period as so extended, as the case may be; and (b) in the case where the Legislative Council passes a resolution amending the Technical Memoranda, upon the expiration of the day next preceding the day of the publication in the Gazette of such resolution under section 11(5). (Enacted 1988) Cap 400 s 13 Noise abatement notices Remarks: Section 13(1)(b) not yet in operation (1) Where the Authority is satisfied that noise is emanating from any place other than domestic premises, a public place or a construction site and that such noise, whether on its own or together with noise emanating from any other place other than domestic premises, a public place or a construction site,- (a) is a source of annoyance to any person (other than a person in the place from which the noise is emanating) in any place considered to be a noise sensitive receiver in any Technical Memorandum issued under section 10; (Replaced 6 of 1992 s. 3) (b) does not comply with any standard or limit prescribed for the purposes of this section; or (c) does not comply with any standard or limit contained in Technical Memoranda issued from time to time under section 10(1),the Authority may serve a noise abatement notice in the prescribed form on any or all of the following- (i) the person making the noise or causing or permitting the noise to be made; or (ii) the owner, tenant, occupier or person in charge of the place from which the noise is emanating.(2) A noise abatement notice served under subsection (1) relating to noise emanating from any place may require the person on whom it is served to abate the noise within the period specified therein and to do all things as may be necessary for that purpose, and may require the person on whom it is served to- |
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