### Noise Control Ordinance 《噪音管制條例》

7. Noise from construction work contrary to regulations
(Not yet in operation)
(1) Any person who at any place on any occasion carries out, or causes or permits to be carried out, any construction work contrary to any noise control regulations made under section 27(1) for the purposes of this section commits an offence.
(2) Any person who commits an offence under this section shall be liable—
(a) on first conviction to a fine at level 6; (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)

### Noise Control Ordinance 《噪音管制條例》

8A. Designated areas
(1) The Secretary may, by notice published in the Gazette, establish an area as a designated area.
(2) Where a designated area has been established, the Secretary may, under section 9(1), issue Technical Memoranda applicable to one or more designated areas and, where there is a conflict between Technical Memoranda issued for a designated area and Technical Memoranda issued for the entire territory, the former shall apply.
(Added 2 of 1994 s. 4)

9. Technical Memoranda relating to noise emanating from construction sites
(1) The Secretary may issue from time to time Technical Memoranda setting out principles, procedures, guidelines, standards and limits for—
(a) the prediction, measurement and assessment of noise emanating from a construction site;
(b) the issuing of construction noise permits;
(c) the imposition and variation of conditions in relation to construction noise permits;
(d) the determination of whether or not the conditions of a construction noise permit are being complied with,
and those Technical Memoranda may require or authorize the Authority, in any particular case, to follow the advice of the Secretary in relation to paragraphs (b) and (c).
(1A) Without prejudice to the generality of subsection (1), a Technical Memorandum issued under that subsection may set out different principles, procedures, guidelines, standards and limits in respect of different types of percussive device that may be used in percussive piling. (Added 37 of 1997 s. 3)
(2) The Authority shall be guided by Technical Memoranda issued from time to time under subsection (1) when carrying out his functions in respect of noise emanating from a construction site.
(3) A copy of every Technical Memorandum issued from time to time under subsection (1) shall be made available by the Secretary for inspection by the public free of charge at such offices of the Government as the Secretary may direct, during the hours of business.

### Noise Control Ordinance 《噪音管制條例》

10. Technical Memoranda relating to noise emanating from places other than domestic premises, public places or construction sites
(1) The Secretary may issue from time to time Technical Memoranda setting out principles, procedures, guidelines, standards and limits for—
(a) the measurement and assessment of noise emanating from any place other than domestic premises, a public place or a construction site;
(b) the issuing of noise abatement notices in respect of such noise;
(c) the determination of whether or not a noise abatement notice is being complied with.
(2) The Authority shall be guided by Technical Memoranda issued from time to time under subsection (1) when undertaking any measurement or assessment to determine if a noise abatement notice should be served under section 13(1)(c).
(3) A copy of every Technical Memorandum issued from time to time under subsection (1) shall be made available by the Secretary for inspection by the public free of charge at such offices of the Government as the Secretary may direct, during the hours of business.

### Noise Control Ordinance 《噪音管制條例》

11. Placing of Technical Memorandum before Legislative Council
(1) All Technical Memoranda issued under section 9 or 10 shall be published in the Gazette and shall be laid on the table of the Legislative Council at the next sitting thereof after such publication.
(2) Where a Technical Memorandum has been laid on the table of the Legislative Council under subsection (1), the Legislative Council may, by resolution passed at a sitting of the Legislative Council held before the expiration of a period of 28 days after the sitting at which it was so laid, provide that such Technical Memorandum shall be amended in any manner whatsoever consistent with the power to issue such Technical Memorandum.
(3) If the period referred to in subsection (2) would but for this subsection expire—
(a) after the end of a session of the Legislative Council or a dissolution thereof; but
(b) on or before the day of the second sitting of the Legislative Council in the next following session thereof,
that period shall be deemed to extend to and expire on the day after that second sitting.
*(4) Before the expiration of the period referred to in subsection (2) or that period as extended by virtue of subsection (3), the Legislative Council may by resolution in relation to a Technical Memorandum specified therein—
(a) in the case of the period referred to in subsection (2), extend that period to the first sitting of the Legislative Council held not earlier than the twenty-first day after the day of its expiration;
(b) in the case where the period referred to in subsection (2) has been extended by virtue of subsection (3), extend that period as so extended to the first sitting of the Legislative Council held not earlier than the twenty-first day after the day of the second sitting in that next following session. (Replaced 8 of 2002 s. 13)
(5) Any resolution passed by the Legislative Council in accordance with this section shall be published in the Gazette not later than 14 days after the passing thereof or within such further period as the Governor may allow in any particular case.
(6) In this section, sitting (立法局會議), when used to calculate time, means the day on which the sitting commences and only includes a sitting at which subsidiary legislation is included on the order paper. (Added 89 of 1993 s. 36)
Editorial Note:
* For the transitional provision relating to this subsection as amended by section 13 of the Extension of Vetting Period (Legislative Council) Ordinance 2002 (8 of 2002), see section 14 of that Ordinance.

### Noise Control Ordinance 《噪音管制條例》

12. Commencement of Technical Memoranda
All Technical Memoranda issued under section 9 or 10 shall come into operation—
(a) in the case where before the expiration of the period referred to in section 11(2) or, before the expiration of that period as extended by virtue of section 11(3) or (4), the Legislative Council does not pass a resolution amending the Technical Memoranda, upon the expiration of that period or, upon the expiration of that period as so extended, as the case may be; and
(b) in the case where the Legislative Council passes a resolution amending the Technical Memoranda, upon the expiration of the day next preceding the day of the publication in the Gazette of such resolution under section 11(5).