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Following is a question by the Hon Albert Chan and a written reply by the Secretary for the Environment, Transport and Works, Dr Sarah Liao, at the Legislative Council meeting today (June 18) :

Question :

I have received complaints from the public about the excessive noise from the loading/unloading area at the shopping centre of Tin Shing Court, Tin Shui Wai. After investigation, the Environmental Protection Department ("EPD") has found that the noise level there exceeds the statutory standard, and has therefore issued noise abatement notices to the persons concerned. However, no improvement has been made yet. In connection with how the Housing Department ("HD") has followed up this case and the handling of noise problems by EPD, will the Government inform this Council:

(a) whether HD will install noise-abating facilities at the above location; if so, of the timing of the installation; if not, the reasons for that; and

(b) of the respective numbers of complaints received and noise abatement notices issued by EPD; the number of cases in which the noise problem improved within one month after the issuance of abatement notices; and how EPD followed up the cases in which no improvement had been made, in each of the past three years?

Reply:

Madam President,

(a) To resolve the noise problem at the loading and unloading area of Tin Shing Shopping Centre, Housing Department will arrange to provide a six-metre tall acoustic barrier between the loading and unloading area and Shing Lai House, the housing block that was affected by the noise problem. The contract was awarded on 29 April 2003 for completion by the end of November this year.

(b) Under the established practice, upon receiving a complaint against noise emanating from an industrial or commercial premises, the Environmental Protection Department (EPD) will investigate and measure the noise level at the noise sensitive receivers nearby as appropriate. If the noise level is found to have exceeded the statutory limit, the person making the noise, or causing or permitting the noise to be made will be asked to abate the noise to within the statutory limit. If it is considered that the person is unable to do so immediately and reasonably requires a period of time to abate the noise, the Noise Control Ordinance (NCO) provides that EPD may issue a noise abatement notice (NAN) requiring him to abate the noise within a specified time period. Under the NCO, EPD shall have regard to the nature, difficulty and complexity of complying with the requirements in the NAN in specifying the time period.

In the past three years between 2000 and 2002, EPD received 3239, 3454 and 3451 complaints against noise emanating from industrial or commercial premises and issued 237, 167 and 160 NANs respectively. The time period specified in the NANs generally ranged between two to three months. Of the NANs issued in those three years, 76%, 80% and 89% of them were complied with respectively. Those who did not comply with the NANs were prosecuted under the NCO.

End/Wednesday, June 18, 2003

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