Explainer | Quiet, please! Hong Kong’s mahjong players and musicians may need to keep it down or risk fixed penalty ticket under noise proposal
- What you need to know to prevent yourself from running afoul of new regulations if passed next year and come into effect in 2025
- Hong Kong environmental authorities have begun public consultation on amending Noise Control Ordinance
Hong Kong environmental authorities last week began a public consultation on proposed amendments to the Noise Control Ordinance to combat the din from shops and hawkers’ loudspeakers.
But apart from public places, the Environmental Protection Department also proposed increasing penalties for noise from domestic premises, including sounds from musical instruments, animals, birds, games and business operations.
The Post has summed up what you need to know to prevent yourself from running afoul of the new regulations if they are passed next year and come into effect in 2025.
1. How will it affect households who play mahjong, sing karaoke or play musical instruments?
Currently, households convicted of causing noise annoyance after 11pm and before 7am on weekdays or any time on a general holiday could face a fine of HK$10,000 (US$1,279).
The penalty applies to noises from domestic premises involving musical instruments, animals, birds, games or any business operations and neighbourhood noise, including loudspeakers, trades or businesses and air conditioners.
Authorities have proposed introducing a fixed penalty ticket that law enforcement agencies can issue on the spot instead of having to gather evidence and bring the case to court.
Offenders may also face a maximum fine of HK$50,000 upon conviction or for repeat violations.
2. What is the proposal trying to regulate and how bad is the situation?
The proposed amendment primarily addresses noise caused by street cries and peddling from shops and hawkers.
The department said shops had been seen using loudspeakers of increasingly high volume to compete for business over recent years, and this was “causing a great nuisance to the public in the vicinity”.
The ordinance stipulates at present that making noises in public spaces that others may find a “source of annoyance” is punishable by a maximum fine of HK$10,000.
“Despite the impact of the Covid-19 pandemic, the number of complaints against peddling noise increased drastically from 197 in 2017 to 544 in 2022,” the consultation paper said.
“Some shops involved have changed to operate on short-term tenancies in recent years, allowing different shops to operate at the same place within a short period, thereby making it harder to collect evidence and take enforcement action.”
The consultation paper has said the department can prosecute a shop or owner after collecting sufficient evidence. In the case of a repeat offender, the department may prosecute the director, with a maximum penalty a HK$10,000 fine.
The department added that the black spots included Tsuen Wan, Sham Shui Po, Yuen Long and Mong Kok.
It also suggested increasing the daily fixed penalty for noise from a construction site or commercial and industrial premises from HK$20,000 to HK$35,000.
The maximum fine for offences involving noise from a construction site or commercial and industrial premises could be increased to HK$180,000, up from HK$100,000, with subsequent violations seeing a fine of HK$360,000, up from HK$200,000.
3. What kind of noise are authorities planning to regulate less, and why?
Environmental authorities have suggested a relaxation of noise controls for 10 festivals and public holidays, allowing festive celebration activities, including musical performances and singing, to generate noise not exceeding the background noise level by 10 decibels between 11pm and 1am.
The 10 days are Lunar New Year’s Eve, Lunar New Year’s Day, July 1, the Mid-Autumn Festival, National Day, Halloween, Christmas Eve, Christmas Day, New Year’s Eve and New Year’s Day.
The Environmental Protection Department said in the consultation paper that the proposed relaxation was because of the public’s “higher tolerance level to these activities” and aimed to “provide greater flexibility … for world-class major activities or mega events which may be organised in the future, thereby enriching the vibrancy of Hong Kong”.
4. How can people get help if they are disturbed by noise?
People should report the incident to their property management agents to help liaise with the parties involved.
If the problem cannot be solved, members of the public can also call their local police station for immediate help and enforcement action.
People can also make complaints to the Environmental Protection Department, which will refer incidents to police.
