E. Noise caused by trade or business activities

E. Noise caused by trade or business activities 

Although section 6 of the Summary Offences Ordinance (Cap. 228) continues to prohibit the use of street cries for buying or selling, trade noise is more strictly regulated under the Noise Control Ordinance (Cap. 400). 

The Noise Control Ordinance creates two primary offences related to trade noise:  

• Section 5(1)(d): It is an offence for any person, at any time in any public place, to make noise that is a source of annoyance to any person by carrying on a trade or business. 
• Section 5(4): It is an offence to make any noise at any time in or near any public place for the purpose of attracting attention to one’s goods, wares, or trade if that noise causes annoyance to any person. 

A person convicted of either offence is liable 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.