​The main contractor of a building construction site in Sai Ying Pun, Hop Kee Construction Company Limited, and its subcontractor, Kong Wing Engineering Company, illegally used powered mechanical equipment to carry out works on a Sunday. They were fined a total of $20,000 by Eastern Magistrates' Courts today (January 14) for contravening the Noise Control Ordinance (NCO).
The Environmental Protection Department (EPD) received a complaint from a member of the public in March last year about the noise nuisance generated by a construction site at the junction of Chung Ching Street and Ki Ling Lane in Sai Ying Pun on Sunday. Upon investigation, EPD staff found that the main contractor and subcontractor of the construction site concerned did not apply for a construction noise permit (CNP) and illegally used powered mechanical equipment to carry out works on a Sunday, including the use of an excavator and generator to erect site hoarding. After investigation and evidence gathering, the EPD prosecuted the main contractor and its subcontractor in accordance with the NCO.
The NCO aims to protect the public from disturbance of rest. An EPD spokesman stressed that construction contractors should schedule works for the daytime and non-general holidays as far as possible, so as to minimise noise nuisance to the surroundings. If the construction work has to be conducted during restricted hours (between 7pm and 7am on the following day, or at any time on a general holiday), the contractor has to obtain a valid CNP from the EPD. Only specified powered mechanical equipment could be used for the construction works and contractors must also implement noise mitigation measures to minimise noise nuisance as stipulated by the CNP. Otherwise, it constitutes an offence. First-time offenders are liable to a maximum fine of $100,000. A maximum fine of $200,000 may be imposed on second or subsequent convictions.
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