Environmental Protection Department Environment Hong Kong 2005
Vision & Mission Foreword New Director's Message Contents Summary Home English Traditional Chinese Simplified Chinese
1. Hong Kong's Environment 2. Community Awareness 3. Customer Service and Partnership 4. Environmental Assessment and Planning 5. Air 6. Noise 7. Waste 8. Water 9. Environmental Compliance
Chapter 6 Back Resource Materials
Noise

 

   
6.7 Legislation for the Management of Noise

Many forms of environmental noise are under statutory control. A key instrument for control is the comprehensive Noise Control Ordinance which was first implemented in 1989. The ordinance controls construction noise, noise from commercial and industrial premises, neighbourhood noise and noise from newly-registered motor vehicles.

The Police are responsible for enforcing controls on noise from domestic premises and public places. They handle complaints and assess the noise based on reasonable judgement. The Police are also responsible for controlling noise from intruder alarm systems.

The Civil Aviation (Aircraft Noise) Ordinance also controls environmental noise. It requires all subsonic aircrafts using the Hong Kong International Airport to be certified as meeting the most stringent standards.

   

   
Environmental Legislation for Noise Control in Effect as at 31 December 2004

Noise Control Legislation Description of Control Control Authority
General Construction Work Noise Control Ordinance (Cap. 400) 1988; Noise Control (General) Regulations 1989; Noise Control (Construction Work) Regulation 1996; Noise Control (Construction Work Designated Areas) Notice 2001 Controls construction noise from (a) the use of powered mechanical equipment; and (b) the carrying out of certain noisy works in designated areas, between 7 p.m. and 7 a.m. and on general holidays, by construction noise permits. Director of Environmental Protection issues permit in accordance with two relevant statutory Technical Memoranda. Director of Environmental Protection and Commissioner of Police
Percussive Piling Noise Control Ordinance (Cap. 400) 1988; Noise Control (General) Regulations 1989; Noise Control (Appeal Board) Regulations 1989; Noise Control (Amendment) Ordinance 1997 (a) Prohibits percussive piling between 7 p.m. and 7 a.m. and on general holidays; and (b) restricts the working hours of percussive piling at other times by construction noise permits. Director of Environmental Protection issues permit in accordance with a relevant statutory Technical Memorandum. Director of Environmental Protection and Commissioner of Police
Industrial and Commercial Activities Noise Control Ordinance (Cap. 400) 1988; Noise Control (General) Regulations 1989; Noise Control (Appeal Board) Regulations 1989 Controls noise from industrial and commercial activities, including ventilation noise, through Noise Abatement Notices. Director of Environmental Protection issues Notices in accordance with a relevant statutory Technical Memorandum. Director of Environmental Protection
Neighbourhood Activities Noise Control Ordinance (Cap. 400) 1988 Controls annoying noise (a) between 11 p.m. and 7 a.m. and all times on holidays; and (b) all day for particular types of noise sources. Commissioner of Police
Noisy Products Noise Control Ordinance (Cap. 400) 1988; Noise Control (Hand Held Percussive Breakers) Regulations 1991; Noise Control (Air Compressors) Regulations 1991 Controls the import, manufacture, supply and use of hand held percussive breakers and portable air compressors. Requires such noisy construction equipment to comply with a stringent noise emission standard and be fitted with a noise emission label issued by the Director of Environmental Protection before use. 
Director of Environmental Protection and Commissioner of Police  
Individual Motor Vehicles Road Traffic Ordinance (Cap. 374) 1982; Noise Control Ordinance (Cap. 400) 1988; Road Traffic (Amendment) Ordinance 1996; Noise Control (Motor Vehicles) (Amendment) Regulation 2002

Requires all motor vehicles, including buses, commercial vehicles, lorries & motor cycles, first registered in Hong Kong to meet with stringent noise emission standards. Director of Environmental Protection and Commissioner for Transport
Road Traffic (Construction & Maintenance of Vehicles) Regulations 1983 Prohibits the use of any motor vehicle with no silencer, or with a modified or defective silencer. Commissioner of Police and Commissioner for Transport
Traffic Management Road Traffic Ordinance (Cap. 374) 1982; Road Traffic (Amendment) (No 3) Ordinance 1992
Manages traffic on environmental grounds. Commissioner for Transport
Intruder Alarm System Noise Control Ordinance(Cap. 400) 1988; Noise Control (Amendment) (No 2) Ordinance 1996 (a) Limits the sounding of alarms installed in premises to no more than 15 minutes; and (b) requires all vehicle alarms not to sound unless the vehicle is being tampered with and the alarm will not sound for more than 5 minutes after being triggered. Commissioner of Police
Aircraft Civil Aviation (Aircraft Noise) Ordinance (Cap. 312) 1986; Civil Aviation (Aircraft Noise) (Certification) Regulations 1987; Civil Aviation (Aircraft Noise) (Aircraft Classes) Notice 1987; Civil Aviation (Aircraft Noise) Ordinance (Amendment of Schedule) Notice 2002 (a) Requires all subsonic narrow-bodied jet aircraft flying in and out of Hong Kong to meet with the most stringent international noise standard; and (b) requires all subsonic jet aircraft taking off or landing in Hong Kong to be certificated in accordance with international established procedures. Director General of Civil Aviation

New provisions of the Noise Control Ordinance came into operation in October 2004 for holding the management of body corporate personally liable for repeated offences.

Details of the above ordinances and regulations can be found in the “Bilingual Laws Information System”website of the Department of Justice at http://www.legislation.gov.hk/.

   

   
Note:   For pollution complaints and enforcement activities, please refer to the Environmental Compliance Chapter in this report. 
   

 

 

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