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Following is a question by the Hon Albert Chan and a written reply by the Secretary for the Environment, Mr Edward Yau, in the Legislative Council today (January 9):
Question:
Recently, some members of the public have reflected to me that quite a number of private open barbeque sites often cause noise nuisance to residents nearby. Despite repeated complaints lodged by the residents to the Police, the situation has not improved. In this connection, will the Government inform this Council:
(a) of the number of such complaints received in each of the past three years;
(b) of the respective numbers of warnings issued to and prosecutions instituted against the operators or proprietors concerned because of noise nuisance from open barbeque sites in each of the past three years; and
(c) whether it will step up law enforcement actions to curb open barbeque sites causing noise nuisance to residents nearby; if so, of the details; if not, the reasons for that?
Reply:
Madam President,
(a) The number of complaints against noise generated from private open barbeque sites received by the Environmental Protection Department (EPD) and the Police in each of the past three years is as follows:
2005 2006 2007
No. of noise complaints 114 92 198
(b) The number of warnings issued by the EPD and the Police to the operators or proprietors in respect of noise generated from open barbeque sites in each of the past three years is as follows:
2005 2006 2007
No. of warnings 18 18 15
Besides issuing warnings to the operators or proprietors of barbeque sites, the Police also warn the site users. In most cases, the noise generated from barbeque sites is of short duration. When the barbeque site users are advised of their noise nuisance or when law enforcement officers arrive at the sites, most of the barbeque site users manage to exercise self-discipline and reduce their noise. Therefore, no prosecution was initiated by the EPD or the Police against noise generated from the barbeque sites concerned in the past three years.
(c) The EPD is always concerned with the problem of noise generated from private open barbeque sites. For barbeque sites under persisted complaints, the EPD will step up inspections and arrange surprise checks. Guidelines will be given to the proprietors or those in charge of the sites to require them to handle the noise problem properly and comply with the Noise Control Ordinance. The noise generated from open barbeque sites is subject to control under the Noise Control Ordinance. Users of these barbeque facilities should exercise care and avoid, as far as possible, making excessive noise causing nuisance to nearby residents. Residents affected by noise nuisance generated from a barbeque site may call the nearby police station for immediate assistance. The Police will follow up on the noise complaint and take appropriate action according to the circumstances, including giving verbal warning to the users or operators of the barbeque site. The Police will consider taking prosecution action if the earlier warning is not heeded. For private barbeque sites, the Police will refer the complaint to the EPD. Upon receipt of the complaint, the EPD will assess the noise at the complainant's flat. If the noise is found to have exceeded the limit, the EPD will issue a Noise Abatement Notice to the person in charge of the site, requiring him to mitigate the noise nuisance. Under normal circumstances, noise problems can be resolved.
Ends/Wednesday, January 9, 2008
Issued at HKT 16:31
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