Amendment of Pleasure Grounds Regulation to step up control of noise nuisance in parks

Background / The amended Pleasure Grounds Regulation / Music activity to the annoyance of other persons /
Receive reward for music activity / Requirements to be complied with on music activity ( applicable to designated venues )

The amended Pleasure Grounds Regulation

After amendment, section 25 of the Pleasure Grounds Regulation reads as follows:

25. Music activities etc.

1. The Director may, by notice conspicuously displayed in a pleasure ground, specify any requirement in relation to the carrying out of any music activity there.
2. A person must not carry out in a pleasure ground a music activity that does not comply with a requirement specified under subsection (1) unless the person has obtained the Director’s written permission to do so.
3. A person must not carry out in a pleasure ground a music activity to the annoyance of any other person unless the person has obtained the Director’s written permission to carry out the activity there.
4. A person must not solicit or accept, or agree to receive, in a pleasure ground any reward for any music activity or related activity carried out there unless the person has obtained the Director’s written permission to do so.
5. For subsection (4), it does not matter—
   1. to whom and in what way the reward is or is to be given; and
   2. by whom the music activity or related activity is carried out.
6. In this section—
   music activity (音樂活動) means—
   1. the operation or playing of, or the making of any sounds by means of, any musical or other instrument (including a gramophone, radio apparatus, amplifier or loudspeaker); or
   2. the singing of any song;
   related activity (相關活動), in relation to a music activity, means any activity to prepare for, facilitate or accompany the music activity, and includes—
   1. the setting up of any musical or other instrument used in the music activity;
   2. the acting as a host for the music activity; or
   3. any dancing, or any other similar act, that accompanies the music activity;
   reward (酬賞) includes any gift, payment, service, favour, benefit or advantage.

After amendment, section 30 of the Pleasure Grounds Regulation reads as follows:

30. Offences and penalties

1. Any person who—
   1. contravenes any of the provisions of section 6, 7, 8, 9, 10, 11, 12, 13, 14(1) or (3), 15, 16, 18(1) or (2), 19, 20, 21, 22, 23, 23A, 26, 27 or 29;
   2. when driving any vehicle in a pleasure ground, refuses or wilfully fails to stop when called upon to do so, by signal or otherwise, by any keeper or other public officer acting in the execution of his duty; or
   3. fails to comply with any of the requirements of any notice displayed under the provisions of section 17 or 24,
   shall be guilty of an offence and shall be liable on summary conviction to a fine at level 1 and to imprisonment for 14 days.
2. A person who contravenes section 25(2), (3) or (4) commits an offence and is liable on conviction to a fine at level 3 and to imprisonment for 14 days.