【法规名称】
【法规编号】 79208 什么是编号？
【正 文】
第6页 CAP 400 NOISE CONTROL ORDINANCE
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[接上页] (a) ensure that the noise emanating from such place does not exceed any limit or standard specified in the notice; (b) where the noise is emanating from such place by reason of the operation of any plant, machinery, vehicle, equipment or process, ensure that any such plant, machinery, vehicle, equipment or process is operated in accordance with any condition specified in the notice; and (c) notify the Authority in writing within the period specified in the notice that any requirement referred to in paragraph (a) or (b) and specified in the notice has been complied with.(3) In specifying a period under subsection (2) within which noise is to be abated, the Authority shall have regard to the nature, difficulty and complexity of complying with any requirement in the noise abatement notice. (4) The Authority may, by notice in the prescribed form served on any person on whom a noise abatement notice has been served under subsection (1), cancel the noise abatement notice or vary any requirement therein. (5) A noise abatement notice served under subsection (1) or any notice served under subsection (4) varying a requirement in a noise abatement notice shall not take effect until a date specified in any such notice, being a date not less than 21 days after the day on which the notice is served. (6) Any person who, having been served with a noise abatement notice under subsection (1) or a notice under subsection (4), fails to comply with any requirement therein commits an offence. (7) Any person who commits an offence under subsection (6) shall be liable- (a) on first conviction to a fine of $100000; (b) on second or subsequent conviction, to a fine of $200000,and in any case to a fine of $20000 for each day during which the offence continues. (Amended 2 of 1994 s. 9) (8) Any person who, having been required to notify the Authority in writing under subsection (2)(c) that any requirement has been complied with, makes or furnishes any statement in so notifying the Authority which to his knowledge is misleading or false in a material particular, commits an offence and is liable to a fine of $50000. (Enacted 1988) Cap 400 s 13A Intruder alarm system installed in any premises Noise from Intruder Alarm Systems (Added 61 of 1996 s. 3) (1) Every person who controls an intruder alarm system installed in, over, under or in the vicinity of any premises shall ensure that the intruder alarm system is provided with an efficient automatic device which shall cause any audible signal to cease not more than 15 minutes after the activation of the signal. (2) Any person who fails to comply with subsection (1) commits an offence and is liable to a fine at level 3 and to imprisonment for 3 months. (3) The Secretary may, by notice in the Gazette, amend subsection (1) by substituting another number for any number appearing in that subsection. (Added 61 of 1996 s. 3) Cap 400 s 13B Intruder alarm system installed in any vehicle (1) Every registered owner of a vehicle who has an intruder alarm system installed in, on or under that vehicle shall ensure that the intruder alarm system is provided with an efficient automatic device which- (a) shall not emit any audible signal caused otherwise than by an act of direct physical contact with the vehicle, whether that act is intentional or unintentional; and (b) shall cause any audible signal to cease not more that 5 minutes after the activation of the signal.(2) Any person who fails to comply with subsection (1) commits an offence and is liable to a fine at level 3. (3) The Secretary may, by notice in the Gazette, amend subsection (1)(b) by substituting another number for any number appearing in that subsection. (Added 61 of 1996 s. 3) Cap 400 s 14 Manufacture, etc. of products not in compliance with noise standards Remarks: Section 14(3) not yet in operation PART III CONTROL OF NOISY PRODUCTS (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 operated under prescribed test conditions emits noise that is not in accordance with any standard prescribed for the purposes of this section,commits an offence. (2) For the purposes of any proceedings under subsection (1) or (3), a product shall, until the contrary is proved, be presumed to be intended for use in Hong Kong. (Amended 2 of 1994 s. 5) (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) intended for use in Hong Kong; and (b) required by regulations made under section 27(1) to be- (i) fitted or equipped with any prescribed device or prescribed equipment so as to prevent, reduce or minimize the emission of noise; or (ii) fitted with a prescribed plate, label or other marking relating to noise emission,without the product being so fitted or equipped commits an offence. (Amended 2 of 1994 s. 5) |
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