C. Noise caused by playing musical instruments
Under section 5(1)(a) of the Noise Control Ordinance (Cap. 400), an offence is committed if a person, at any time, makes noise that is a source of annoyance to any person while in any public place by playing or operating any musical or other instrument. The penalty is 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.
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