Hong Kong

Smokefree legislation/initiatives

Hong Kong is a Special Administrative Region of China. The Legislative Council of Hong Kong Special Administrative Region approved comprehensive smokefree legislation in October 2006, and it came into effect on 1 January 2007. It prohibits smoking in most enclosed public places and workplaces, including restaurants, karaoke bars, public swimming pools and beaches. However, six categories of ‘qualified establishments’ are allowed to delay implementing the legislation until 1 July 2009. (Bars, bathhouses, night clubs, massage establishments, mahjong rooms in a club and mahjong-tin kau premises meeting entry requirements ).

The “Fixed Penalty (Smoking Offences) Ordinance” (July 2008) enforces a fixed penalty of HK$1,500 on smokers in no-smoking areas. This will help to facilitate compliance and law enforcement of the latest Smoking (Public Health) (Amendment) Ordinance 2006. (www.smokefree.hk/cosh/ccs/detail.xml?lang=en&fldrid=380).

Smokefree resources available in 2009

Hong Kong Council on Smoking and Health (COSH)
www.smokefree.hk/cosh/ccs/index.xml?lang=en

Legislation
Smoking (Public Health) (Amendment) Ordinance 2006
www.smokefree.hk/cosh/ccs/detail.xml?lang=en&fldrid=365
Designated smokefree Areas
www.smokefree.hk/cosh/ccs/detail.xml?lang=en&fldrid=225

Enforcement and compliance

A Food and Health Bureau survey in March 2009 found that smokefree legislation is very popular in Hong Kong. More than 80% of people said they visited restaurants and karaoke clubs more frequently after the smoking ban was introduced in 2007. More than 70% support the full implementation of the smoking ban in the six categories of establishment that are currently exempt until 1 July 2009. (www.news.gov.hk/en/category/healthandcommunity/090326/html/090326en05012.htm)

Implementation guidelines for smokefree policies – Hong Kong Tobacco Control Office
www.tco.gov.hk/english/downloads/downloads_guidelines.html

Factors helping or hindering the implementation of Article 8

The current smokefree legislation.

The Tobacco Control Office of the Department of Health – this was established in February 2001 to enhance and coordinate the government’s tobacco control efforts. The Tobacco Control Inspectors of the Tobacco Control Office have been conferred with powers to enforce the Smoking (Public Health) Ordinance (Cap. 371), to initiate prosecution against offences including smoking in smokefree places.

The expiry of the current exemptions to the smokefree legislation will make the smokefree laws comprehensive form 1 July 2009.

First, say to yourself what you would be; and then do what you have to do. Health Service Food and Human Resources: Discount Sale of Cigarettes

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