【法规名称】
【法规编号】 79208 什么是编号？
【正 文】
第7页 CAP 400 NOISE CONTROL ORDINANCE
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[接上页] (4) 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 fitted with a prescribed plate, label or other marking relating to noise emission without the product complying with any information stated on any such prescribed plate, label or other marking commits an offence. (4A) Notwithstanding this section, a regulation made under section 27(1) may provide that the offence under one or more of subsections (1), (3) and (4) does not apply to one or more of the following- (a) importing; (b) manufacturing; (c) supplying or offering or exposing for supply,and, in that case, no offence is committed by a person who contravenes the relevant subsection in a manner which has been excluded by the regulation. (Added 2 of 1994 s. 5) (4B) A regulation referred to in subsection (4A) may specify that it is effective for a limited period of time. (Added 2 of 1994 s. 5) (4C) Notwithstanding subsection (3), a regulation made under section 27(1) may provide a period of time, after the importing or manufacturing, as the case may be, of a product prescribed for the purposes of this Part but before the product is supplied or offered or exposed for supply, during which time an offence will not be committed by a person who has imported or manufactured the product without it being fitted or equipped as required by either subsection (3)(b)(i) or (ii) or both. (Added 2 of 1994 s. 5) (5) Any person who commits an offence under subsection (1), (3) or (4) 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) (Enacted 1988) Cap 400 s 15 Manufacture, etc. of products not complying with noise standards within warranty period (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 tested within the warranty period emits noise that does not comply with any standards prescribed for the purposes of this section,commits an offence. (2) For the purposes of any proceedings under subsection (1), a product shall, until the contrary is proved, be presumed to be intended for use in Hong Kong. (3) For the purposes of subsection (1) "warranty period" (保证期), in relation to any product prescribed for the purposes of this Part, means the period prescribed as the warranty period for such product. (4) It shall be a defence to a charge under subsection (1) that the product which is the subject of the offence has, since the date of importation, manufacture or supply, or the offer or exposure for supply- (a) been modified or altered in a manner which increases materially the emission of noise therefrom; (b) been subject to wear and tear beyond that which is normal; or (c) been used otherwise than in a manner in which the product was intended to be used.(5) Any person who commits an offence under subsection (1) 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) (Enacted 1988) Cap 400 s 16 Authority may require product for testing (1) The Authority may, by notice in the prescribed form served on any person who owns, uses or 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, require such person at his own expense to- (Amended 6 of 1992 s. 4) (a) produce or make available to the Authority for measurement, inspection or test any such product specified in the notice; or (b) cause to be carried out any measurement, inspection or test specified in the notice, on any such product specified in the notice.(2) A notice served under subsection (1) in respect of any product may- (a) specify the place where the product is to be produced or made available or where any measurement, inspection or test is to be carried out; (b) specify the date and time on or by which the product is to be produced or made available or any such measurement, inspection or test is to be carried out; (c) require any such measurement, inspection or test to be carried out in the presence of any public officer authorized by the Authority in writing for the purposes of this section; (d) require the results of any such measurement, inspection or test to be presented in writing to the Authority on or before a date specified in the notice; and (e) identify any product by model, type, manufacturer's serial number or other markings or by reference to a label affixed to the product by an authorized officer under section 25(1)(e).(3) A notice served under subsection (1) may, by notice in writing, be varied or cancelled by the Authority. |
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