D. Noise at night or on a general holiday
Under section 4(1) of the Noise Control Ordinance (Cap. 400), a person commits an offence if, in any public place, he makes or causes to be made any noise that is a source of annoyance to another person between 11:00 p.m. and 7:00 a.m., or at any time on a general holiday. A person who commits this offence is liable on conviction to a fine of $10,000.
The Ordinance defines “annoyance” as that which would not be tolerated by a reasonable person. This is a broader term than “nuisance” in the legal sense; it includes disturbances, discomfort, or inconveniences that trouble one’s reasonable peace of mind, even if they do not cause physical harm or discomfort.
In determining if a noise constitutes an annoyance, courts do not require scientific evidence or decibel level measurements. The core issue is simply whether the noise caused annoyance to a reasonable person, regardless of its specific volume. For example, courts consider overnight loud music from a private dwelling that prevents a neighbour from sleeping an annoyance. Other noises that may amount to an annoyance include tapping sound, sound of heavy objects rolling and moving of furniture.
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