Ho Lik Engineering Company and its sub-contractor illegally carried out renovation works using powered mechanical equipment at the One in Tsim Sha Tsui at night. They were convicted and fined a total of $8,000 at Kwun Tong Magistrates' Courts today (July 12) for contravening the Noise Control Ordinance (NCO).
The Environmental Protection Department (EPD) received a complaint from a resident last December against the noise generated from the construction works inside the mall concerned. After investigations, it was confirmed that the contractor carried out demolition works using an electric saw in a shop at the shopping mall after 7pm and caused noise nuisance to nearby residents. The responsible contractor did not apply for the relevant construction noise permit (CNP) beforehand. After completion of investigation and evidence collection, the EPD initiated prosecutions against the main contractor and its sub-contractor in accordance with the NCO.
The NCO aims to protect the public from disturbance of rest. The EPD spokesman stressed that members of the construction industry should carry out works during daytime and non-general holidays as far as possible to minimise disturbance to the public nearby. If the works have to be conducted during the restricted hours (between 7pm and 7am on the following day, or at any time on a general holiday), a permit must be obtained from the EPD. The construction works shall commence only when the CNP has been granted upon completion of assessment to support its compliance with regulatory requirements. Only specified powered mechanical equipment can be used for the construction works and contractors must also implement noise mitigation measures to minimise noise nuisance as stipulated by the CNP, including the erection of fences and noise barriers at the sites, to reduce the impact of noise to nearby residents as far as possible. 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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