### Noise Control Ordinance 《噪音管制條例》

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 at level 6; and (Amended E.R. 2 of 2021)
(b) on second or subsequent conviction to a fine of $200,000,
and in any case to a fine of $20,000 for each day during which the offence continues. (Amended 2 of 1994 s. 9)
(Added 6 of 1992 s. 5)

### Noise Control Ordinance 《噪音管制條例》

18. Appeals against refusal of Authority to issue construction noise permit, etc. under section 8
(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
(d) that the cancellation of a construction noise permit is not justified by the terms of this Ordinance or the Technical Memoranda issued under section 9(1).
(4) Any person who wishes to appeal under this section shall lodge a notice of appeal in the prescribed form and manner within 21 days after the service under section 8 of notice of the decision of the Authority to which the appeal relates.

### Noise Control Ordinance 《噪音管制條例》

19. Appeals against service of notice by Authority under section 13 or 16
(1) Subject to subsection (2), if any person on whom a notice is served under section 13(1) or (4) or section 16(1)(a) or (b) is aggrieved by such service, he may appeal to the Appeal Board.
(2) No appeal may be made under this section except on any or all of the following grounds—
(a) that the service of the notice is not justified by the terms of this Ordinance or, in the case of a notice served under section 13(1) on the grounds set out in section 13(1)(c), by the Technical Memoranda issued under section 10(1);
(b) that there has been some material informality, defect or error in the form or content of the notice or in connection with the service of the notice;
(c) that the requirements of the notice are unreasonable in character or extent or are unnecessary;
(d) that compliance with the requirements of the notice would cause the appellant economic hardship seriously prejudicial to the conduct of his business; or
(e) that the notice should have been served on some person other than the appellant.
(3) Any person who wishes to appeal under this section shall lodge a notice of appeal in the prescribed form and manner within 21 days after the service of the notice to which the appeal relates.
(4) Where an appeal is made under this section the notice to which the appeal relates shall be suspended in its operation as from the day on which the notice of appeal is lodged until the time that the appeal is disposed of, withdrawn or abandoned unless suspension in the operation of the notice to which the appeal relates would, in the opinion of the Authority, be contrary to the public interest and the notice to which the appeal relates contains a statement to that effect.

20. Appeal Board
(1) Every appeal under this Part shall be determined by the Appeal Board constituted under section 21.
(2) The Governor shall appoint as Chairman of the Appeal Board a person who is qualified for appointment as a District Judge under section 5 of the District Court Ordinance (Cap. 336).
(3) Subject to subsection (6), the Chairman and any person appointed under subsection (4) shall be appointed for a term of 3 years but may be re-appointed. (Amended 6 of 1992 s. 6)
(4) The Governor shall appoint a panel of persons whom he considers suitable for appointment under section 21 as members of the Appeal Board to hear any appeal under this Part.
(5) An appointment under subsection (2) or (4) shall be notified in the Gazette.
(6) The Chairman and any person appointed under subsection (4) may at any time resign by notice in writing to the Governor.

### Noise Control Ordinance 《噪音管制條例》

22. Supplementary provisions
(1) If the Chairman is precluded by illness, absence from Hong Kong or any other cause from exercising his functions, the Governor may appoint any person qualified for appointment as a District Judge under section 5 of the District Court Ordinance (Cap. 336) to act as Chairman and as such to exercise and perform all the functions of the Chairman during the period of his appointment.
(2) If a person appointed by the Chairman under section 21 (1) to hear an appeal under this Part is precluded by illness, absence from Hong Kong or any other cause from exercising his functions, the Chairman may appoint any other person from the panel referred to in section 20(4) to act in his place.
(3) The hearing of an appeal may be continued notwithstanding a change in the membership of the Appeal Board.

23. Case may be stated for Court of Appeal
(1) The Appeal Board may, before an appeal under this Part is determined, refer any question of law arising in the appeal to the Court of Appeal for determination by way of case stated.
(2) On the hearing of the case the Court of Appeal may amend the case or order it to be sent back to the Appeal Board for amendment.

24. Authorized officers
(1) The Authority may in writing authorize any public officer to exercise any of the powers conferred on an authorized officer by section 25 as the Authority may specify in the authorization.
(2) A public officer exercising under this section any of the powers conferred by section 25—
(a) may obtain the assistance of such persons as he reasonably requires for the purposes of the discharge of his functions under this Part;
(b) shall, if so required, produce his identity card issued under the Registration of Persons Ordinance (Cap. 177), together with his written authorization under this section.