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Rachel Leung

Performers who repeatedly cause noise nuisance could be blacklisted and retired police officers hired to step up enforcement under a raft of measures officials revealed on Monday to minimise the problem in public spaces.
The plans were unveiled as lawmakers on the home affairs panel passed a non-binding motion to urge the Leisure and Cultural Services Department (LCSD) to review the rules to mitigate noise nuisance in parks, eliminate cash rewards for the performers and increase penalties.
A member of political party the Democratic Alliance for the Betterment and Progress of Hong Kong, Edward Lau Kwok-fan, said the current punishment for offenders may be too lenient.
“We are aware that some of the singers and dancers even receive rewards at the parks,” the politician added.
“In the past, those prosecuted were given a fine of HK$1,200 (US$152). While there’s a culture of giving out rewards, they surely receive more than HK$1,000 every day, so will the LCSD consider enhancing the level of fines?” Lau asked.

LCSD director Michelle Li Mei-sheung admitted it was not illegal for people to give money to these performers.
When asked if the LCSD would evict reoffenders, Li said throwing people out would be controversial but they may be blacklisted in the future.
“Currently we do not have a blacklist but we will look into extra measures, and in relation to repeated offenders, we will take further action,” Li said.
The department earlier also revealed in a submission to lawmakers its plan to make enforcement action against noise complaints easier by amending the law to allow anyone, including nearby residents or park keepers, to serve as witnesses.
The change will remove the requirement under current rules that a prosecution witness needs to be a venue user.
While lawmakers welcomed the department’s plan to make enforcement action easier, Roy Kwong Chun-yu questioned if it had sufficient manpower.
“Are you concerned that the pressure would be shifted to park managers? They would have to initiate prosecutions and act as witnesses, and this may put pressure on them psychologically,” the Democratic Party lawmaker said.

Li said they would enhance training and increase manpower, including by hiring retired police officers to work as park guards.
But one performer, who preferred to be known as Ling, said she opposed the measures as she was worried people might abuse their powers.
“What may be music to our ears may seem loud to someone else, and now that nearby residents and park managers are free to file complaints as witnesses, it has made it easier to prosecute us,” she said.
Ling, who performs weekly at a Tuen Mun park, noted that it would be more logical for the government to define the level at which noise was considered a nuisance.
“We’re just having fun, enjoying a good time with our friends and it’s not against the law,” she added.
“I don’t understand why people are trying to drive us away.”
Lawmakers at the meeting also raised similar questions on the definition of noise nuisance. Li replied that they took reference from the guidelines under the Noise Control Ordinance.


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News

Hong Kong

Health & Environment

Lawmakers on the home affairs panel urge the Leisure and Cultural Services Department to review rules related to noise nuisance


Lawmakers on the home affairs panel have urged the Leisure and Cultural Services Department to review rules related to noise nuisance.


Legislative Council of Hong Kong