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Restaurant in Mong Kok and construction site in Tseung Kwan O convicted for causing noise nuisance at nighttime
     The ventilation and broadcasting systems of a restaurant in Mong Kok caused noise nuisance at nighttime and a construction site in Tseung Kwan O illegally used powered mechanical equipment at midnight, affecting the resting time of nearby residents. The two companies involved were convicted and fined $50,000 and $80,000 respectively at Kwun Tong Magistrates' Courts today (April 27) for contravening the Noise Control Ordinance (NCO).

     A spokesman for the Environmental Protection Department (EPD) said that in the first case, which involved a restaurant at Nathan Road, Mong Kok, the EPD received a noise complaint from a resident in late 2015. Noise assessment conducted by EPD enforcement officers later revealed that the noise emanating from the restaurant's ventilation and broadcasting systems exceeded the statutory limit at nighttime by 9dB and a Noise Abatement Notice (NAN) was subsequently served to the operating company of the restaurant. The company failed to reduce the noise level before the deadline and was prosecuted by the EPD for non-compliance with the NAN.

     The second case involved a construction site at Wan Po Road, near Lohas Park Road, Tseung Kwan O. The EPD received complaints in October last year from nearby residents who were affected by noise from road surfacing works at the construction site at midnight. Upon investigation, enforcement officers of EPD found that the construction site contravened the requirements of its Construction Noise Permit (CNP) by using powered mechanical equipment outside the prescribed period. The EPD hence initiated prosecution against the contractor under the NCO.

     According to the NCO, anyone failing to comply with the requirement of a NAN or carrying out construction works not in accordance with CNP conditions commits 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, and a further fine of $20,000 for each day on which the offence continues.

     The spokesman reminded the responsible persons of all companies and construction sites that to avoid infringing the NCO, they must ensure the noise level generated by the ventilation and mechanical installations of their shops and offices is in accordance with statutory requirements and their construction works are carried out in full compliance with the requirements of the CNP issued.
Ends/Thursday, April 27, 2017
Issued at HKT 19:20
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