### Noise Control Ordinance 《噪音管制條例》

38. Application to Crown
(1) Subject to this section, this Ordinance shall bind the Crown.
(1A) Section 13B shall not apply to the Crown. (Added 61 of 1996 s. 4)
(2) Section 4, 5, 6, 7, 13, 13A, 14, 15, 16 or 17 shall not have effect to permit proceedings to be taken against, or to impose any criminal liability on, the Crown or on any public officer who causes or permits to be made any noise in the course of carrying out his duties in the service of the Crown. (Amended 61 of 1996 s. 4)
(3) If it appears to the Authority that any noise is being, or has been, made in contravention of section 4, 5, 6, 7, 13, 13A, 14, 15, 16 or 17 by any public officer in the course of carrying out his duties in the service of the Crown, the Authority shall, if the contravention is not forthwith terminated to his satisfaction, report the matter to the Chief Secretary for Administration. (Amended 61 of 1996 s. 4; L.N. 362 of 1997)
(4) On receipt of a report under subsection (3), the Chief Secretary for Administration shall enquire into the circumstances and, if his enquiry shows that a contravention of section 4, 5, 6, 7, 13, 13A, 14, 15, 16 or 17 is continuing or likely to recur, he shall ensure that the best practicable steps are taken to terminate the contravention or avoid the recurrence. (Amended 61 of 1996 s. 4; L.N. 362 of 1997)
(5) Any notice under this Ordinance concerning the making of noise which is to be, or may be, given or made by or on behalf of the Crown may be given or made by any public officer on behalf of the Crown.
(6) Any notice under this Ordinance concerning the making of noise which is to be, or may be, given by the Authority to the Crown shall be given to the principal officer of the Government Department which appears to the Authority to be responsible for such emission or, in the event of any question arising as to which Department is responsible, to such public officer as the Chief Secretary for Administration shall determine. (Amended L.N. 362 of 1997)
(7) No fee prescribed under this Ordinance shall be payable by the Crown.

### Noise Control Ordinance 《噪音管制條例》

39. Service of notices
Any notice to be served by the Authority upon any person under this Ordinance may be served—
(a) by serving a copy personally or by registered post addressed to the last known place of business or residence of the person to be served; or
(b) where the notice is to be served on the owner, tenant, occupier or person in charge of any premises or place, by affixing a copy upon a conspicuous part of the premises or place.

41. (Omitted as spent—E.R. 2 of 2018)

### Noise Control (Appeal Board) Regulations 《噪音管制(上訴委員會)規例》

1. Citation
These regulations may be cited as the Noise Control (Appeal Board) Regulations.

2. Interpretation
In these regulations—
“appellant” (上訴人) means a person who lodges a notice of appeal under section 18(4) or 19(3) of the Ordinance.

3. Notice of appeal under section 18(4)
Notice of appeal under section 18(4) of the Ordinance shall be—
(a) in Form 1 in the Schedule; and
(b) lodged by the appellant with the Chairman.

4. Notice of appeal under section 19(3)
Notice of appeal under section 19(3) of the Ordinance shall be—
(a) in Form 2 or Form 2A in the Schedule, as the case may require; and (L.N. 424 of 1991)
(b) lodged by the appellant with the Chairman.

5. Appellant to serve copy of notice of appeal and statement of particulars
When lodging a notice of appeal under section 18(4) or 19(3) of the Ordinance, the appellant shall at the same time serve a copy of such notice on the Authority and shall furnish to the Authority and the Chairman a statement specifying the grounds of the appeal and including such particulars of the evidence to be adduced, documents to be produced, names of witnesses to be called as may suffice to ensure that the Appeal Board and the Authority are fully and fairly informed of the grounds of the appeal.

6. Further particulars
If any party to any appeal requires further particulars from the other party relating to the appeal, he may within 7 days after the service on the Authority of a copy of the notice of appeal under regulation 5 or such longer period as the Chairman, on application, may allow in any particular case, serve notice on the other party specifying the further particulars required, and the other party shall within 7 days after notice is served under this regulation or such longer period as the Chairman, on application, may allow in any particular case, furnish such particulars to the other party and lodge a copy of such particulars with the Chairman.

7. Inspection of documents
(1) Any party to any appeal may at any time serve notice on the other party to produce, within 7 days after the notice is served, any document relating to the appeal for the inspection of the party serving the notice and to permit him to take copies thereof.
(2) Any party who fails to comply with a notice under subregulation (1) shall not afterwards be allowed to put any such document in evidence unless he satisfies the Appeal Board that he had a reason for his failure to comply which the Appeal Board deems sufficient.

### Noise Control (Appeal Board) Regulations 《噪音管制(上訴委員會)規例》

8. Date, time and place of hearing
Where notice of appeal is lodged, the Chairman shall fix the date, time and place of the hearing of appeal so as to enable the hearing to commence as soon as is reasonably practicable and shall, not less than 28 days before the date so fixed, serve on the appellant and on the Authority notice of the date, time and place in Form 3 in the Schedule.

9. Summons to witness
Upon application by any party to any appeal in Form 4 in the Schedule, the Chairman may issue a witness summons in Form 5 in the Schedule to any person named in the application requiring him to appear before the Appeal Board to produce any document relating to the appeal and to give evidence.

10. Appeal to be conducted in public
The hearing of the appeal shall be conducted in public unless the Chairman of his own motion, or at the request of the appellant or the Authority, orders that all or any persons should be excluded from the whole or any part of the hearing.

11. Representation
At the hearing of the appeal—
(a) the appellant may be represented by a barrister or solicitor; and
(b) the Authority may be represented by a barrister or solicitor, including a barrister or solicitor who is a legal officer.

12. Abandonment of appeal
(1) The appellant may abandon the whole or any part of the appeal by notice in writing lodged with the Chairman.
(2) When lodging a notice under subregulation (1), the appellant shall at the same time serve a copy of such notice on the Authority.