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 judgment. 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 aircraft 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 2013
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| Noise Control | Legislation | Description of Control | Control Authority | |||
|---|---|---|---|---|---|---|
| General Construction Work | Noise Control Ordinance (Cap. 400) ; Noise Control (General) Regulations ; Noise Control (Construction Work) Regulation ; Noise Control (Construction Work Designated Areas) Notice |
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) ; Noise Control (General) Regulations ; Noise Control (Appeal Board) Regulations ; Noise Control (Amendment) Ordinance |
(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) ; Noise Control (General) Regulations ; Noise Control (Appeal Board) Regulations |
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) | 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) ; Noise Control (Hand Held Percussive Breakers) Regulations ; Noise Control (Air Compressors) Regulations |
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) ; Noise Control Ordinance (Cap. 400) ; Road Traffic (Amendment) Ordinance ; Noise Control (Motor Vehicles) (Amendment) Regulation |
Requires all motor vehicles, including buses, commercial vehicles, lorries & motorcycles, 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 | 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) ; Road Traffic (Amendment) (No 3) Ordinance |
Manages traffic on environmental grounds. | Commissioner for Transport | |||
| Intruder Alarm System | Noise Control Ordinance(Cap. 400) ; Noise Control (Amendment) (No 2) Ordinance |
(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) and subsidiary legislation |
Requires all subsonic jet aircraft taking off or landing in Hong Kong to comply with the noise standard in Chapter 3, Part II, Volume I of Annex 16 to the Convention on International Civil Aviation. |
Director-General of Civil Aviation | |||
Provisions of the Noise Control Ordinance holding the management of body corporate personally liable for repeated offences came into operation in October 2004.
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.elegislation.gov.hk/.
Note: For pollution complaints and enforcement activities, please refer to the Environmental Compliance Chapter in Resource Materials.
