TOCO

 TOBACCO CONTROL LEGISLATION

  Statutory No Smoking Areas

With effect from 1 January 2007, statutory no smoking areas have been extended to cover the indoor areas of all restaurant premises, indoor workplaces, public indoor places, and some public outdoor places in accordance with the amended Smoking (Public Health) Ordinance (Cap. 371). No person shall smoke or carry a lighted cigarette, cigar, or pipe in no smoking areas.

Restaurants, Shops, and Other Premises

Under Section 3 and Schedule 2 of the amended Smoking (Public Health) Ordinance (Cap. 371), indoor areas of all restaurant premises are designated as no smoking areas, regardless of the number of indoor seating provided.

The Ordinance also designates the following premises and shop areas as no smoking areas: cinemas, theatres, concert halls, and amusement game centres. Furthermore, indoor areas in any shops, department stores, shopping malls, publicly or privately operated markets, supermarkets, banks, bars, karaoke establishments, mahjong-tin kau premises, bathhouses and massage establishments are are designated no smoking areas.

Indoor Workplaces

Indoor areas of all workplaces are designated no smoking areas under Section 3 and Schedule 2 of the amended Smoking (Public Health) Ordinance (Cap. 371), regardless for the purpose of self-employed or being employed, including any part of the place that is set aside for use during any intervals for taking a meal or rest. Examples include shops, offices, workshops, or public areas in the workplaces.

Public Transport Facilities

Public Transport Carriers and Other No Smoking Areas

No person shall smoke or carry a lighted cigarette, cigar, or pipe in a public transport carrier under section 4 of the Smoking (Public Health) Ordinance (Cap. 371). Public transport carriers include any public bus, public light bus, taxi, Mass Transit Railway train, Kowloon-Canton Railway train, light rail vehicle, tramway car, peak tramway car, or ferry vessel. The driver, conductor, inspector, ticket collector, or managers of any public transport carrier are empowered in enforcing tobacco control measures.

Section 3 and Schedule 2 of the amended Smoking (Public Health) Ordinance (Cap. 371) also designate the following areas as no smoking areas: any public lifts, escalators, child care centres, schools, and specified educational establishments including post secondary colleges, technical colleges or technical institutes, industrial training centres or skill centres, universities, the Hong Kong Academy for Performing Arts. Furthermore, the no smoking area in escalators and the above school areas include both outdoor and indoor perimeters.

Statutory no smoking areas also include hospitals, maternity homes, residential care homes, treatment centres, and any communal quarters, approved institutions where probationers are placed, place of detention, place of refuge, and reformatory school.

Public Outdoor Places

Certain public outdoor places are designated as statutory no smoking areas under section 3 and Schedule 2 of the amended Smoking (Public Health) Ordinance (Cap. 371), including escalators, public pleasure grounds, bathing beaches and the vicinities including adjacent barbeque areas as well as public swimming pools and the vicinities including sidewalks, diving boards, and spectator stands.

Furthermore, Hong Kong Wetland Park, the running tracks, sidewalks, and spectator’s stands at Hong Kong Stadium and Mong Kok Stadium are also designated statutory no smoking areas.

Bus Interchanges

Manager of the premises is any person who is responsible for the management of the statutory no smoking area or public transport carrier, including the assistant manager and any person holding an appointment analogous to that of a manager. Furthermore, managers of statutory no smoking areas should place no smoking signs in a prominent position to remind the public that the premises are statutory no smoking areas. Managers should maintain such signs in good order.

Section 3(3) of the Smoking (Public Health) Ordinance empowers the manager of a no smoking area to enforce the relevant law to ensure no person shall smoke in the premises he manages. If the manager finds anyone smoking in a no smoking area, the manager may

request the smoker to extinguish the lighted cigarette, cigar, or pipe;

if the smoker is not cooperative and continues to smoke, the manager may request the smoker to leave the no smoking area, or request the smoker to provide his name, address, and documentary proof of identity; or

if the smoker refuses to cease smoking or refuses to leave the no smoking area, or refuses to provide his name, address or documentary proof of identity despite the manager’s request, the manager may call for police assistance if necessary.

Any person, who is requested to leave the no smoking area or removed from the no smoking area in violation of the above section, is not entitled to a refund of any admission fees or money for entering to the premises or building.

No person shall smoke or carry a lighted cigarette, cigar or pipe in designated no smoking areas, or else will be liable to a fixed penalty of $1,500.

https://www.taco.gov.hk/t/textonly/english/legislation/legislation_sa.html