Enforcement of the Noise Control Ordinance is carried out by both the Police and the Environmental Protection Department (EPD). The Police respond to complaints about neighbourhood noise, public place noise, construction noise, product noise and intruder alarms, whereas the EPD investigates complaints on noise from industrial or commercial premises, and construction sites. The enforcement and prosecution statistics are summarised in Figure 1 to 3.
Offenders are liable to a maximum fine of $100,000 on first conviction and $200,000 on further convictions.
In 2018 there were 112 prosecutions for construction noise, 15 prosecutions for industrial and commercial noise, 26 prosecutions for neighbourhood noise and 1 prosecution for obstructing enforcement duty of public officer.
Controls on Construction, Industrial and Commercial Noise
Construction noise is controlled under the Noise Control Ordinance using a permit system. Statutory controls on construction noise and the number of permits involved (including the issued, refused applications and the permits cancelled) in 2017 are summarised in Table 1 and Figures 4 to 6. Hand-held percussive breakers and air compressors are controlled by a label system (Figure 7).
Industrial and commercial noise is controlled by the Noise Abatement Notice (NAN). Complaints received are investigated and NANs are issued to those failing to comply with the required limits. Prosecution action would follow and normally result in fines being imposed on the offenders.