### Noise Control Ordinance 《噪音管制條例》

28B. Restrictions on application of section 28A(1)
(1) Section 28A(1) shall not apply to a specified person in relation to a specified offence unless—
(a) proceedings have been instituted against the specified body corporate for an offence under this Ordinance in relation to a specified place (and whether or not the specified body corporate is convicted of that offence);
(b) the Authority has, in relation to those proceedings, served on the specified person a notice in the form specified in the Schedule; and
(c) the specified offence—
(i) relates to that specified place; and
(ii) occurs after the date on which that notice is served on the specified person but before the 2nd anniversary of that date.
(2) The Authority may, by notice published in the Gazette, amend the Schedule.
(3) In this section—
proceedings have been instituted” (法律程序已經提出), in relation to an offence under this Ordinance, means a complaint or information in respect of the offence has been made or laid, as the case may be;
specified body corporate (指明法團), in relation to a specified person, means a body corporate mentioned in section 28A(2) in respect of which the specified person is such a specified person;
specified offence (指明罪行) means a like offence mentioned in section 28A(1);
specified person (指明的人) means a director mentioned in section 28A(1)(a) or (b) or an officer mentioned in section 28A(1)(c) or (d );
specified place (指明地方) means—
(a) any domestic premises, public place or construction site; or
(b) any place other than any domestic premises, public place or construction site.

(4) For the avoidance of doubt, it is hereby declared that the Authority has the power to serve the notice referred to in subsection (1)(b).
(Added 19 of 2002 s. 2)

28C. Codes of practice
(1) The Authority may issue codes of practice containing such practical guidance as he thinks fit for the purpose of providing industries with good management practice in respect of section 28A(3).
(2) The Authority may from time to time revise the whole or any part of any code of practice issued under subsection (1) by revoking, varying or adding to its provisions or requirements.
(3) A code of practice or any revision to a code of practice shall be published in the Gazette.
(4) A code of practice or any revision to a code of practice commences at the beginning of the day on which it is published.
(Added 19 of 2002 s. 2)

### Noise Control Ordinance 《噪音管制條例》

29. Protection of Crown and public officers
(1) A public officer shall not be personally liable in respect of any act or omission of his if it was done or made by him in the honest belief that it was required or authorized in the discharge of any of his functions under this Ordinance.
(2) The protection conferred on public officers by subsection (1) in respect of any act or omission shall not in any way affect any liability of the Crown in tort for that act or omission.

30. Advisory Council on the Environment
If any question arises as to who are the body of persons for the time being constituting the Advisory Council on the Environment, the matter shall be referred to the Chief Secretary for Administration who shall determine the question by certificate under his hand.
(Amended L.N. 57 of 1994; L.N. 362 of 1997)

31. Limit of time for laying information, etc.
A complaint or information in respect of an offence against this Ordinance shall be made or laid, as the case may be, within—
(a) 6 months from the time the matter of such complaint or information respectively first came to the knowledge of the Authority or an authorized officer; or
(b) 1 year from the time of the commission of the offence,
whichever is the earlier.

32. Prosecution of offences
(1) Subject to this section, proceedings for offences against this Ordinance may be instituted in the name of the Authority, and may be commenced and conducted by a public officer appointed under section 13 of the Magistrates Ordinance (Cap. 227).
(2) Nothing in this section shall be deemed to derogate from the powers of the Secretary for Justice in relation to the prosecution of offences. (Amended L.N. 362 of 1997)

33. Defence to proceedings under section 4, 5, 6, 7, 13 or 17
In any proceedings for an offence under section 4, 5, 6, 7, 13 or 17, it shall be a defence to show that the circumstances constituting or leading to the commission of the offence arose—
(a) by reason of the fact of any authorization under any licence, permit or exemption granted under any other Ordinance;
(b) in pursuance of the purpose of the prevention of injury to any person or the saving of the life of any person;
(c) in pursuance of the purpose of the prevention of damage to property where the circumstances placing the property in danger of being damaged could not reasonably have been foreseen by the person charged with the offence; or
(d) in pursuance of the purpose of the prevention of serious interruption or disruption to any public transport system where the circumstances which would otherwise cause such an interruption or disruption could not reasonably have been foreseen by the person charged with the offence.

### Noise Control Ordinance 《噪音管制條例》

34. Proof of permit, etc.
For the purposes of any proceedings under this Ordinance a document purporting to be a copy of any permit or notice issued under this Ordinance and of any conditions to which the permit or notice is subject and purporting to be certified by the Authority to be a true copy, shall be received in evidence on its production without further proof and, until the contrary is proved, it shall be presumed that—
(a) the document is a true copy of the permit or notice;
(b) the document was certified by the Authority; and
(c) the permit or notice was issued in respect of the place stated in the document to the person stated in the document and is subject to those conditions.

35. Exemptions from provisions of the Ordinance
(1) The Governor in Council may by order published in the Gazette exempt any area, place, premises or activity from all or any of the provisions of this Ordinance.
(2) An order under subsection (1) may—
(a) be made subject to such conditions or limitations;
(b) have effect for such period of time; or
(c) have such partial operation,
as may be specified in the order.
(3) Notwithstanding this section, where conditions or limitations are attached to an order made under this section, a person who contravenes such a condition or limitation commits an offence and shall be liable—
(a) on first conviction to a fine at level 5;
(b) on second or subsequent conviction, to a fine at level 6,
and in any case to a fine of $10,000 for each day during which the offence continues. (Added 2 of 1994 s. 8. Amended E.R. 2 of 2021)
(4) For the purposes of determining whether or not an offence has been committed under subsection (3), Part V applies. (Added 2 of 1994 s. 8)
(5) Section 33(b), (c) and (d) applies to an offence under subsection (3). (Added 2 of 1994 s. 8)

36. Application in respect of aircraft noise
Nothing in this Ordinance shall apply to noise caused by aircraft.

37. Application of section 13 to MTR Corporation Limited and Kowloon-Canton Railway Corporation
Section 13 shall apply to the MTR Corporation Limited and the Kowloon-Canton Railway Corporation only so far as is practicable and compatible with the discharge of any function or the exercise of any power or duty conferred or imposed upon them according to law.
(Amended 13 of 2000 s. 65)