### Noise Control Ordinance 《噪音管制條例》

26. Offences in relation to section 25
Any person who—
(a) wilfully resists, obstructs or delays any public officer in the exercise of any power conferred by section 25 which he is authorized to exercise under section 24;
(b) fails without reasonable excuse to comply with any requirement duly made by any public officer in the exercise of any such power;
(c) in compliance or purported compliance with any such requirement produces any drawing, record or document which he knows to be incorrect or inaccurate in a material respect or does not believe to be correct or accurate; or
(d) wilfully or recklessly gives information which is incorrect in a material respect or withholds information as to any of the matters in respect of which information is required to be given under section 25,
commits an offence and is liable to a fine at level 5.
(Amended E.R. 2 of 2021)

### Noise Control Ordinance 《噪音管制條例》

27. Regulations
(1) The Secretary may, after consultation with the Advisory Council on the Environment, by regulation— (Amended L.N. 57 of 1994; 2 of 1994 s. 7; 12 of 1996 s. 2)
(a) prescribe anything required or permitted to be prescribed under this Ordinance;
(b) regulate appeals under Part IV and the practice and procedure of the Appeal Board;
(c) generally, provide for the better carrying into effect of the provisions and purposes of this Ordinance.
(1A) (Repealed 12 of 1996 s. 2)(2) Any regulation made under subsection (1) relating to the payment of fees may provide for different fees to be charged according to different circumstances.
(3) Any regulation made under subsection (1) may provide that a contravention thereof shall be an offence and may provide penalties for such offence not exceeding a fine of $200,000. (Amended 2 of 1994 s. 9)
(3A) Any regulation made under subsection (1) relating to the control of the emission of noise in respect of motor vehicles intended to be registered under the Road Traffic Ordinance (Cap. 374) may for the purposes of such registration—
(a) authorize the Authority to confer exemptions from any provision of any regulation so made;
(b) provide for the application of vehicle design standards, specifications, descriptions, methods, procedures, requirements or tests laid down in documents, whether or not published or produced in Hong Kong, not forming part of the regulations, relating to the prevention or reduction of the emission of noise including the application of such standards, specifications, descriptions, methods, procedures, requirements or tests in relation to the prohibition or control of the emission of noise from motor vehicles;
(c) provide for any matter relating to conformity to standards as stringent as or more stringent than standards laid down in documents of the description mentioned in paragraph (b). (Added 12 of 1996 s. 2)
(4) Any regulation made under subsection (1) for the purposes of section 7(1) shall be subject to the approval of the Legislative Council.

### Noise Control Ordinance 《噪音管制條例》

28. Offence to disclose confidential information obtained officially
(1) A person who, except in the circumstances provided for in subsection (2), discloses or gives to another person any information that concerns a trade, business or profession, is confidential and has come to his knowledge or into his possession in the course of the discharge of his functions under this Ordinance commits an offence.
(2) A person does not commit an offence under subsection (1) if he discloses or gives any information to another person—
(a) for the purpose of the discharge of his functions under this Ordinance and proceedings connected therewith;
(b) pursuant to an order of a court under subsection (3); or
(c) with the consent in writing of all such persons as appear to him, after reasonable enquiry, to be interested in the confidentiality of the information.
(3) Where in any proceedings a court considers that the justice of the case so requires, the court may order the disclosure or giving of any information referred to in subsection (1).
(4) A person who commits an offence under subsection (1) is liable to a fine at level 4 and to imprisonment for 6 months. (Amended 2 of 1994 s. 9; E.R. 2 of 2021)

28A. Liability of directors
(1) Subject to section 28B, where an offence under this Ordinance has been committed by a body corporate, any person who at the time of the offence was—
(a) a director concerned in the management of the body corporate;
(b) a director who has delegated his authority for the management of the body corporate to an officer;
(c) an officer mentioned in paragraph (b); or
(d) an officer—
(i) concerned in the management of the body corporate; and
(ii) acting under the immediate authority of a director of the body corporate,
shall be guilty of the like offence.
(2) For the purpose of subsection (1), body corporate (法團) means any company, or other body corporate, incorporated in Hong Kong or elsewhere, but does not include any corporation registered under the Building Management Ordinance (Cap. 344).
(3) It is a defence to a charge brought under any provision of this Ordinance (other than section 6(1)(a), (2)(a) or (3)(a)) for a person charged under subsection (1) to prove that he took reasonable precautions and exercised due diligence to prevent the commission of the offence by the body corporate.
(4) Without affecting the generality of subsection (3), a person establishes a defence under that subsection if he proves that he had—
(a) established a proper system to prevent the commission of the offence concerned; and
(b) ensured the effective operation of the system.
(Added 19 of 2002 s. 2)