【法规名称】
【法规编号】 79208 什么是编号？
【正 文】
第8页 CAP 400 NOISE CONTROL ORDINANCE
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[接上页] (4) Where any product is produced or made available to the Authority under subsection (1)(a), the Authority shall make arrangements for the product to be available for collection within 72 hours. (5) Any person who fails to comply with a notice served under subsection (1), or who removes, alters or defaces any label affixed to any product under section 25(1)(e) commits an offence. (6) Any person who commits an offence under subsection (5) shall be liable- (a) on first conviction to a fine of $100000; and (b) on second or subsequent conviction to a fine of $200000. (Amended 2 of 1994 s. 9) (Enacted 1988) Cap 400 s 17 Use of products not in compliance with noise standards (1) Any person who uses, or causes to be used, any product prescribed for the purposes of this Part which does not comply with any requirement relating to noise emission prescribed for the purposes of this subsection commits an offence. (2) Any person who being the owner of any product prescribed for the purposes of this Part which does not comply with any requirement relating to noise emission prescribed for the purposes of subsection (1) knowingly permits or suffers such product to be used commits an offence. (3) For the purposes of any proceedings under subsection (1) or (2), any product which when tested under conditions prescribed for the purposes of this subsection does not comply with any requirement relating to noise emission prescribed for the purposes of subsection (1), shall, until the contrary is proved, be presumed to be a product which did not comply therewith at any time during the period of 30 days immediately prior to the date of the test. (4) For the purposes of any proceedings under subsection (1) or (2), any person who has in his possession any product which when tested under conditions prescribed for the purposes of subsection (3) does not comply with any requirement relating to noise emission prescribed for the purposes of subsection (1) shall, until the contrary is proved, be presumed to have used that product at any time during the period of 30 days immediately prior to the date of the test. (5) Any person who commits an offence under subsection (1) or (2) 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 17A Direction regarding use of prescribed product (1) For the purpose of reducing excessive noise emission during usage, the Authority may give a written direction- (a) to any person who uses, or causes to be used, any product prescribed for the purposes of this Part; and (b) requiring that person to use the product in accordance with such directions or instructions- (i) in respect of the manner of using the product; (ii) issued by the manufacturer of the product; and (iii) referred to in that first-mentioned direction.(2) Any person who uses, or causes to be used, any product prescribed for the purposes of this Part not in the manner as directed by the Authority under subsection (1) commits an offence. (3) Any person who commits an offence under subsection (2) shall be liable- (a) on first conviction to a fine of $100000; and (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) (Added 6 of 1992 s. 5) Cap 400 s 18 Appeals against refusal of Authority to issue construction noise permit, etc. under section 8 PART IV APPEALS (1) Subject to subsection (3), if any person who applies for a construction noise permit under section 8 to carry out percussive piling between the hours of 7 a.m. and 7 p.m. on any day, not being a general holiday, is aggrieved- (a) where the Authority refuses to issue the construction noise permit, by that refusal; (b) where the Authority issues the construction noise permit subject to any condition, or amends or varies any such condition or imposes a new condition, by that imposition, amendment or variation; or (c) where the Authority issues the construction noise permit and subsequently cancels the permit, by that cancellation,he may appeal to the Appeal Board. (Replaced 2 of 1994 s. 6) (2) No appeal shall lie under this section except in respect of a construction noise permit for the purpose set forth in subsection (1). (Replaced 2 of 1994 s. 6) (3) No appeal shall be made under this section except on the following grounds- (a) that the refusal to issue a construction noise permit is not justified by the terms of this Ordinance or the Technical Memoranda issued under section 9(1); (b) that the conditions imposed, amended or varied in relation to a construction noise permit are not justified by the terms of this Ordinance or the Technical Memoranda issued under section 9(1); (c) that the refusal to issue a construction noise permit or compliance with the conditions imposed in relation to a construction noise permit or the cancellation of a construction noise permit would cause the appellant economic hardship seriously prejudicial to the conduct of his business; or |
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