Legislative Council

LC Paper No. LS 12/99-00

Paper for the House Committee Meeting
of the Legislative Council
on 15 October 1999

Legal Service Division Report on
Subsidiary Legislation Gazetted on 8 October 1999

Date of Tabling in LegCo :	13 October 1999
Amendment to be made by :	10 November 1999 (or 17 November 1999 if extended by resolution)

Noise Control Ordinance (Cap. 400)
Noise Control Ordinance (Exemption From Sections 4, 5 and 13) (Millennium Celebrations) Order 1999 (L.N. 248)

Section 4 of the Noise Control Ordinance (Cap. 400) ("the Ordinance") provides that any person who between the hours of 11 p.m. and 7 a.m., or at any time on a general holiday in any domestic premises or public place makes or causes to be made any noise which is a source of annoyance to any person commits an offence.

Section 5 of the Ordinance provides that any person who at any time in any domestic premises or public place plays or operates any musical or other instrument, including any record or cassette player or radio or television apparatus; uses any loud-speaker, megaphone, or other device or instrument for magnifying sound; the noise of which is a source of annoyance to any person commits an offence.

Regarding noise from places other than domestic premises, public places or construction sites, section 13 of the Ordinance provides that the Director of Environmental Protection, the Noise Control Authority under the Ordinance, may issue a Noise Abatement Notice ("the NAN") on any or all of the persons making the noise or causing or permitting the noise to be made, or the owner or person in charge of the place from which the noise is emanating if he is satisfied that noise emanating from any such place is a source of annoyance to any person. Failure to comply with any requirement in the NAN constitutes an offence.

Section 35 of the Ordinance provides that the Chief Executive in Council may, by order published in the Gazette, exempt any area, place, premises or activity from all or any of the provisions of the Ordinance.

This Order exempts-

1. the activities for celebrating the millennium specified in the Schedule from sections 4, 5 and 13 of the Ordinance, namely the Millenium Extravaganza on the Happy Valley Racecourse and several main official millennium celebration activities at various districts. The exemption shall have effect from 7 p.m. on 31 December 1999 to 2 a.m. on 1 January 2000.

2. the defined permitted activity in the "City of Light and Sound" programme from sections 4 and 5 of the Ordinance. The term "permitted activity" is defined under the Order to mean the ringing of bells and beating of drums in temples, churches and other religious establishments; the sounding of horns of vehicles and ferries; and similar activities. The exemption shall have effect beginning on 0000 hours on 1 January 2000 for the period of 3 minutes.

Dangerous Drugs Ordinance (Cap. 134)
Dangerous Drugs Ordinance (Amendment of Second Schedule) (No. 2) Order 1999 (L.N. 249)

This Order amends the Second Schedule to the Dangerous Drugs Ordinance (Cap. 134) by replacing "Duchess of Kent Children's Hospital" by "The Duchess of Kent Children's Hospital at Sandy Bay" and adding 4 institutions to the list of prescribed hospitals and institutions in that Schedule.

This Order, other than section 2 relating to the addition of the item of "Tseung Kwan O Hospital", will come into operation on 1 December 1999. Section 2 will come into operation on 28 December 1999 to coincide with the opening of Tsueng Kwan O Hospital.

Prepared by

Lam Ping-man, Stephen
Assistant Legal Adviser
Legislative Council Secretariat
12 October 1999

LS/S/3/99-00