Cap. 400B 《噪音管制(上訴委員會)規例》Noise Control (Appeal Board) Regulations

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版本日期: 2024-05-30

Cap. 400A

Cap. 400C

Noise Control (Appeal Board) Regulations

(Cap. 400, section 27)

[17 February 1989] L.N. 46 of 1989

(Format changes—E.R. 3 of 2024)

1. Citation

These regulations may be cited as the Noise Control (Appeal Board) Regulations.

2. Interpretation

In these regulations—

appellant (上訴人) means a person who lodges a notice of appeal under section 18(4) or 19(3) of the Ordinance.

3. Notice of appeal under section 18(4)

Notice of appeal under section 18(4) of the Ordinance shall be—

(a)

in Form 1 in the Schedule; and

(b)

lodged by the appellant with the Chairman.

4. Notice of appeal under section 19(3)

Notice of appeal under section 19(3) of the Ordinance shall be—

(a)

in Form 2 or Form 2A in the Schedule, as the case may require; and (L.N. 424 of 1991)

(b)

lodged by the appellant with the Chairman.

5. Appellant to serve copy of notice of appeal and statement of particulars

When lodging a notice of appeal under section 18(4) or 19(3) of the Ordinance, the appellant shall at the same time serve a copy of such notice on the Authority and shall furnish to the Authority and the Chairman a statement specifying the grounds of the appeal and including such particulars of the evidence to be adduced, documents to be produced, names of witnesses to be called as may suffice to ensure that the Appeal Board and the Authority are fully and fairly informed of the grounds of the appeal.

6. Further particulars

If any party to any appeal requires further particulars from the other party relating to the appeal, he may within 7 days after the service on the Authority of a copy of the notice of appeal under regulation 5 or such longer period as the Chairman, on application, may allow in any particular case, serve notice on the other party specifying the further particulars required, and the other party shall within 7 days after notice is served under this regulation or such longer period as the Chairman, on application, may allow in any particular case, furnish such particulars to the other party and lodge a copy of such particulars with the Chairman.

7. Inspection of documents

(1)

Any party to any appeal may at any time serve notice on the other party to produce, within 7 days after the notice is served, any document relating to the appeal for the inspection of the party serving the notice and to permit him to take copies thereof.

(2)

Any party who fails to comply with a notice under subregulation (1) shall not afterwards be allowed to put any such document in evidence unless he satisfies the Appeal Board that he had a reason for his failure to comply which the Appeal Board deems sufficient.

8. Date, time and place of hearing

Where notice of appeal is lodged, the Chairman shall fix the date, time and place of the hearing of appeal so as to enable the hearing to commence as soon as is reasonably practicable and shall, not less than 28 days before the date so fixed, serve on the appellant and on the Authority notice of the date, time and place in Form 3 in the Schedule.

9. Summons to witness

Upon application by any party to any appeal in Form 4 in the Schedule, the Chairman may issue a witness summons in Form 5 in the Schedule to any person named in the application requiring him to appear before the Appeal Board to produce any document relating to the appeal and to give evidence.

10. Appeal to be conducted in public

The hearing of the appeal shall be conducted in public unless the Chairman of his own motion, or at the request of the appellant or the Authority, orders that all or any persons should be excluded from the whole or any part of the hearing.

11. Representation

At the hearing of the appeal—

(a)

the appellant may be represented by a barrister or solicitor; and

(b)

the Authority may be represented by a barrister or solicitor, including a barrister or solicitor who is a legal officer.

12. Abandonment of appeal

(1)

The appellant may abandon the whole or any part of the appeal by notice in writing lodged with the Chairman.

(2)

When lodging a notice under subregulation (1), the appellant shall at the same time serve a copy of such notice on the Authority.

13. Failure of appellant to attend hearing

(1)

If on the day and time fixed for the hearing of the appeal the appellant fails to attend the hearing either in person or by a barrister or solicitor, the Appeal Board may—

(a)

if satisfied that the appellant’s failure to attend was due to sickness or other reasonable cause, postpone or adjourn the hearing for such period as it thinks fit;

(b)

proceed to hear the appeal; or

(c)

dismiss the appeal.

(2)

Where the appeal is dismissed by the Appeal Board under subregulation (1)(c) the appellant may, within 30 days after the making of the order for dismissal, by notice in writing lodged with the Chairman, apply to the Appeal Board to review its order and the Appeal Board may, if satisfied that the appellant’s failure to attend the hearing was due to sickness or any other reasonable cause, set aside the order for dismissal.

(3)

When lodging a notice under subregulation (2), the appellant shall at the same time serve a copy of such notice on the Authority.

(4)

Where the Appeal Board sets aside an order for dismissal under subregulation (2), the Chairman shall fix the date, time and place for the hearing of the appeal so as to enable the hearing to commence as soon as is reasonably practicable and shall, not less than 14 days before the date so fixed, serve on the appellant and on the Authority notice of the date, time and place in Form 3 in the Schedule.

14. Failure of appellant to serve notice of appeal on the Authority or to furnish particulars

Where an Appeal Board is satisfied that the appellant has failed—

(a)

to serve a copy of the notice of appeal on the Authority under regulation 5; or

(b)

to furnish a statement of particulars to the Authority and the Chairman under regulation 5; or

(c)

to furnish further particulars to the Authority under regulation 6,

the Appeal Board may dismiss the appeal.

15. Record of proceedings

The Chairman shall take or cause to be taken in writing a full minute, so far as circumstances permit, of the following matters in respect of every appeal heard by the Appeal Board—

(a)

the grounds of the appeal;

(b)

the name of the appellant;

(c)

the name of any person who appears as a witness for the appellant;

(d)

the name of any person who appears as a witness for the Authority; (L.N. 126 of 1995)

(e)

the name of any person summoned as a witness before the Appeal Board;

(f)

the evidence of any person who gives evidence;

(g)

the decision of the Appeal Board;

(h)

the amount of any sum awarded under section 21(6)(e) of the Ordinance in respect of the costs involved in the appeal; and the name of the person in favour of whom the award was made.

16. Service of notices by Chairman or appellant

Any notice required to be served under these regulations—

(a)

by the Chairman on the appellant or the Authority; or

(b)

by the appellant on the Authority,

may be served by serving a copy personally or by registered post addressed to the last known address of the appellant or of the Authority, as the case may be.

(L.N. 126 of 1995)

Schedule

[regs. 3, 4, 8, 9 & 13]

Form 1

[reg. 3]

N C O (Chapter 400)NOTICE OF APPEAL UNDER SECTION 18

(Construction Noise Permits)

Before completing this form read the note below

To:	Chairman of the Appeal Board

1.	Full name of Appellant:
2.	Address of Appellant:
		Telephone No.:
3.	Address of Appellant or name and address of duly authorized representative for service if different from the above:


4.	Details of decision appealed against: (Attach copy of decision and indicate the particular aspect being the subject of the appeal)

5.	Indicate by ticking in the appropriate box on what ground the appeal is based—
	□	The refusal to issue the construction noise permit is not justified by the terms of the Ordinance or the Technical Memoranda issued under section 9(1).
	□	The conditions *imposed/amended/varied in relation to the construction noise permit are not justified by the terms of the Ordinance or the Technical Memoranda issued under section 9(1).
	□	*The refusal to issue a construction noise permit/Compliance with the conditions imposed in relation to the construction noise permit/The cancellation of the construction noise permit would cause the appellant economic hardship seriously prejudicial to the conduct of his business.
	□	The cancellation of the construction noise permit is not justified by the terms of the Ordinance or the Technical Memoranda issued under section 9(1).
		Dated this . day of . 19 .


	Appellant.

* Delete as necessary.

Please note:

1.

Section 18(2) of the Ordinance provides that no appeal shall lie in respect of an application for the issue of a construction noise permit for the carrying out of construction work between the hours of 7 p.m. and 7 a.m. or at any time on a general holiday.

2.

This form is to be used by a person who applies for a construction noise permit under section 8 and who is aggrieved—

(a)

where the Authority refuses to issue the construction noise permit, by that refusal; or

(b)

where the Authority issues the construction noise permit subject to any condition, or amends or varies any such condition or imposes a new condition, by that imposition, amendment or variation; or

(c)

where the Authority issues the construction noise permit and subsequently cancels the permit, by that cancellation.

3.

This form must be completed in accordance with the directions specified in the form and lodged with the Chairman of the Appeal Board by sending it by registered post addressed to him at the office of the Secretary for Environment and Ecology before the expiry of 21 days after the service upon you of the notice from the Authority in respect of the decision you wish to appeal against.

4.

At the same time that this notice is lodged you are required to serve a copy of the notice on the Noise Control Authority, personally, or by registered post addressed to the last known address of the Authority and to furnish to the Authority and the Chairman a statement specifying the particulars of the appeal which you seek to establish, including such particulars of evidence to be adduced, documents to be produced, names of witnesses to be called and other circumstances as may suffice to ensure that the Appeal Board and the Authority are fully and fairly informed of the grounds on which the appeal is based. You may also be required to furnish further particulars or produce documents for the inspection of the Authority.

5.

You are advised to read the Noise Control Ordinance (Cap. 400), the Noise Control (General) Regulations (Cap. 400 sub. leg. A) and the Noise Control (Appeal Board) Regulations (Cap. 400 sub. leg. B) before lodging this notice of appeal.

(L.N. 65 of 1995; 80 of 1997 s. 102; 78 of 1999 s. 7; L.N. 106 of 2002; L.N. 130 of 2007; L.N. 144 of 2022)

__________

Form 2

[reg. 4]

N C O (Chapter 400)NOTICE OF APPEAL UNDER SECTION 19(Noise Abatement Notices)

Before completing this form read the note below

To:	Chairman of the Appeal Board

1.	Full name of Appellant:
2.	Address of Appellant:
		Telephone No.:
3.	Address of Appellant or name and address of duly authorized representative for service if different from the above:


4.	Details of notice appealed against: (Attach copy of notice and indicate the particular aspect being the subject of the appeal)

5.	Indicate by ticking in the appropriate box on what ground the appeal is based—
	□	The service of the notice is not justified *by the terms of the Ordinance or/in the case of a notice served under section 13(1) on the grounds set out in section 13(1)(c), by the Technical Memoranda issued under section 10(1).
	□	There has been some material informality, defect or error in the form or content of the notice or in connection with the service of the notice.
	□	The requirements of the notice are unreasonable in character or extent or are unnecessary.
	□	Compliance with the requirements of the notice would cause the appellant economic hardship seriously prejudicial to the conduct of his business.
	□	The notice should have been served on some other person.
		Dated this . day of . 19 .


	Appellant.

* Delete as necessary.

Please note:

1.

This form is to be used by a person who is aggrieved—

(a)

by the service on him of a noise abatement notice under section 13(1); or

(b)

by the service on him of a notice under section 13(4) varying the requirements of a noise abatement notice under section 13(1).

2.

3.

4.

(L.N. 65 of 1995; 80 of 1997 s. 102; 78 of 1999 s. 7; L.N. 106 of 2002; L.N. 130 of 2007; L.N. 144 of 2022)

__________

Form 2A

[reg. 4]

N C O (Chapter 400)NOTICE OF APPEAL UNDER SECTION 19(Notices requiring a product to be
measured, inspected or tested)

Before completing this form read the note below

To:	Chairman of the Appeal Board

1.	Full name of Appellant:
2.	Address of Appellant:
		Telephone No.:
3.	Address of Appellant or name and address of duly authorized representative for service if different from the above:


4.	Details of notice appealed against: (Attach copy of notice and indicate the particular aspect being the subject of the appeal)

5.	Indicate by ticking in the appropriate box on what ground the appeal is based—
	□	The service of the notice is not justified by the terms of the Ordinance.
	□	There has been some material informality, defect or error in the form or content of the notice or in connection with the service of the notice.
	□	The requirements of the notice are unreasonable in character or extent or are unnecessary.
	□	Compliance with the requirements of the notice would cause the Appellant economic hardship seriously prejudicial to the conduct of his business.
	□	The notice should have been served on some other person.
		Dated this . day of . 19 .


	Appellant.

Please note:

1.

This form is to be used by a person who is aggrieved—

(a)

by the service on him of a notice under section 16(1); or

(b)

by the service on him of a notice under section 16(3) varying the requirements of a notice under section 16(1).

2.

3.

4.

(L.N. 424 of 1991; L.N. 65 of 1995; 80 of 1997 s. 102; 78 of 1999 s. 7; L.N. 106 of 2002; L.N. 130 of 2007; L.N. 144 of 2022)

__________

Form 3

[regs. 8 & 13]

N C O (Chapter 400)NOTICE OF DATE, TIME AND PLACE FIXED
FOR HEARING OF AN APPEAL

Appeal No.: . of 19 .

In the matter of the Appeal lodged by
(Appellant) against





To:	(Appellant)

And To The Noise Control Authority:

TAKE NOTICE that the above appeal will be heard at
. on the . day of
19 . at

To the Appellant:

TAKE NOTICE that if you do not attend at the place and time mentioned, either in person or by a barrister or solicitor duly authorized to appear on your behalf, the appeal may be postponed or adjourned for reasonable cause or be dismissed or be heard in your absence.

Dated this . day of . 19 .


	Chairman of the Appeal Board.

	This notice was served by me on ....................................... at

on the . day of . 19 .


Recipient of notice.		Process server.

(L.N. 65 of 1995)

__________

Form 4

[reg. 9]

N C O (Chapter 400)APPLICATION FOR SUMMONS TO A WITNESS

Appeal No.: . of 19 .

To: Chairman of the Appeal Board

	Whereas ....................................................................... of

is likely to give material evidence in respect of the above appeal, I ..................................................................... hereby apply for a summons to be issued to the said ................................................................................... requiring him to attend the hearing of the appeal for that purpose./*and to bring with him and produce the several documents hereunder specified:

Documents required to be produced:

Dated this . day of . 19 .


	*Appellant/Authority.

* Delete as necessary.

(L.N. 65 of 1995)

__________

Form 5

[reg. 9]

N C O (Chapter 400)SUMMONS TO A WITNESS

Appeal No.: . of 19 .

	In the matter of the Appeal lodged by
(Appellant) against





To:

YOU ARE HEREBY SUMMONED to attend at . . on the . day of . 19 . at . and so from day to day, until the proceedings are heard, to give evidence in the above appeal and also to bring with you and produce the several documents hereunder specified:

Documents required to be produced:


	This summons was issued on behalf of

Dated this . day of . 19 .


	Chairman of the Appeal Board.

	This notice was served by me on
at
on the . day of . 19 .


Recipient of notice.		Process server.

(L.N. 65 of 1995)