The Legislative Council of the Hong Kong Special Administrative
Region Thursday approved a law entitled the Smoking (Public Health)
(Amendment) Bill 2005, which will take effect on January 1,
2007.
The smoking ban will be enforced in the likes of restaurants,
offices, schools, hospitals, markets, karaoke venues and bars.
The Hong Kong Health, Welfare and Food Bureau said six types of
"qualified establishments" including nightclubs, commercial
bathhouses, massage establishments, mahjong parlors, designated
mahjong rooms in clubs and certain bars must implement the ban by
July 1, 2009 at the latest. They must also restrict entry to people
over 18.
Within any public recreational area, other than beaches, under
section 107(3) of the Public Health and Municipal Service Ordinance
the smoking ban will not apply to specific areas to be identified
by the Director of Leisure and Cultural Services.
The smoking ban will also be imposed in certain outdoor areas
including those linked to hospitals and schools, public transport
interchanges, escalators and the like.
Smoking will also be prohibited in accommodation provided by an
employer to two or more employees except in private dwellings. An
example of this is accommodation provided for workers at the home
of their employer.
For transport interchanges the Amendment will empower the
Director of Health to designate them as no smoking areas.
A fixed penalty system for smoking offenses will also be
introduced. The Amendment gives the Secretary for
Health, Welfare and Food authority to appoint inspectors to take
enforcement action.
The new law removes the statutory requirement for managers to
display no-smoking signs. Managers of no-smoking areas will have
the flexibility to decide where and how to post signs or make other
arrangements to remind users of the law.
The Amendment also prohibits the display of descriptive words on
tobacco packets and retail containers which may have misleading
implications. It also stipulates that health warnings must be
displayed on these packets and containers.
The period of grace given to licensed "hawkers" for display of
tobacco advertising will be extended to November 1, 2009.
Speaking at the resumption debate on the second reading of the
Bill in the Legislative Council, Secretary for Health, Welfare and
Food, York Chow, said Tobacco Control Office inspectors would act
on reports and complaints. Strategic "black spots" would be
targeted for inspection and enforcement.
Chow said the office would launch a series of publicity and
education activities to make the legislative requirements known.
The office will also promote its tobacco cessation service. It will
continue to work with the Tobacco Control Working Group to
publicize the new legislative requirements within the catering
industry.
(Xinhua News Agency October 20, 2006)