A deterrent to repeated noise offences

Abstract

Since the Noise Control Ordinance (NCO) was implemented in 1989, various environmental noise sources and activities have been regulated through different control mechanisms. Nevertheless, the penalty in terms of fines imposed for breaches of the NCO seemed not sufficient to deter the recurrence of offences, in particular during the 90s, when Hong Kong was actively enhancing its infrastructure to accomodate the growth of its thriving economy. Although the maximum fines under the NCO had been doubled in 1994, repeated violations were still serious at that time, with one reason being the continued disregard of those legal requirements by the corporate management. Despite the court had in some offence cases actually imposed the maximum fines, the corporate management simply treated the fines as part of project expenses as they were not held personally liable for the actions of their companies. That malpractice was also disturbing a level playing field in the industry, creating unfairness to other law-abiding persons. A legislative amendment was successfully introduced in 2002 to hold the top management of bodies corporate personally liable for repeated noise offences. This paper will describe the framework of this provision with reference to similar legislation in other countries. The corresponding deterrent effect over the past years would be analysed. Moreover, a code of practice providing practical guidance to prevent violation would also be discussed in the paper.