Smoking (Public Health) Ordinance

Last updated

Smoking (Public Health) Ordinance
Regional Emblem of Hong Kong.svg
Legislative Council of Hong Kong
  • An Ordinance to prohibit smoking in certain areas; to provide for the display of a health warning and other information on packets or retail containers of tobacco products; to restrict tobacco advertising; to restrict the sale or giving of tobacco products; to provide for the appointment, powers and duties of inspectors for the enforcement of certain provisions of this Ordinance; and to provide for incidental and related matters.
Citation Cap. 371
Enacted by Legislative Council of Hong Kong
Commenced30 July 1982
Legislative history
Bill published on9 July 1982
Introduced by Secretary for Social Services Eric Peter Ho
First reading 14 July 1982
Second reading 28 July 1982
Third reading 28 July 1982
Status: Current legislation

The Smoking (Public Health) Ordinance is a law in Hong Kong enacted in 1982 for smoking bans and regulation of sales of tobacco products. It has been amended several times ever since and the latest substantial amendment, known as the Smoking (Public Health) (Amendment) Ordinance 2006, was passed by the Legislative Council on 19 October 2006, and gazetted on 27 October 2006.

The 2006 amendment was delayed for six years due to the efforts of the Liberal Party. The law only managed to pass by the government acceding to the Liberal Party's demands for smoking exemptions (expired August 2009). Any licensed bar and karaoke could apply under a paper exercise to receive "Qualified Establishment" status, which was granted by the Department of Health.

The Smoking Ban, as it is commonly referred to, bans smoking indoors in restaurants which sell more food than liquor, indoor workplaces other than exempted bars, mahjong parlours, saunas and karaoke centres, schools, as well as beaches, swimming pools, sports grounds and most public parks. The latest extension of the ban came into force on 1 January 2007. The establishments exempt from the ban would have to be smoke-free by August 2009. The law also empowers the government to designate certain public areas, mainly public transport interchanges, as no-smoking areas. The first group of such places went smoke-free on 1 September 2009. Starting from 31 March 2016, 8 bus interchanges located at tunnel portal areas are also zoned as no-smoking areas.

Apart from a smoking ban in public places, the newly revised ordinance also imposes more stringent restrictions on sale of tobacco products. Packets must bear health warnings that contain images portraying consequences of smoking.

Subsequently, a bill was presented to the same Legislative Council that streamlined the penalty procedures for someone caught flouting the smoking ban and made it on par with littering offences. The bill was passed on 2008 and took effect on 1 September 2009. Under the new law, anyone caught smoking in prohibited areas would receive a fixed penalty of HK$1,500.

Related Research Articles

Smoking ban Law prohibiting tobacco smoking in a given space

Smoking bans, or smoke-free laws, are public policies, including criminal laws and occupational safety and health regulations, that prohibit tobacco smoking in certain spaces. The spaces most commonly affected by smoking bans are indoor workplaces and buildings open to the public such as restaurants, bars, office buildings, schools, retail stores, hospitals, libraries, transport facilities, and government buildings, in addition to public transport vehicles such as aircraft, buses, watercraft, and trains. However, laws may also prohibit smoking in outdoor areas such as parks, beaches, pedestrian plazas, college and hospital campuses, and within a certain distance from the entrance to a building, and in some cases, private vehicles and multi-unit residences.

Smoking, Health and Social Care (Scotland) Act 2005 United Kingdom legislation

The Smoking, Health and Social Care (Scotland) Act 2005 is an Act of the Scottish Parliament passed in 2005, after being introduced by Scottish Executive Health minister Andy Kerr.

Smoking ban in England 2007 English law banning smoking in indoor public spaces

A smoking ban in England, making it illegal to smoke in all enclosed work places in England, came into force on 1 July 2007 as a consequence of the Health Act 2006. Similar bans had already been introduced by the rest of the United Kingdom: in Scotland on 26 March 2006, Wales on 2 April 2007 and Northern Ireland on 30 April 2007.

Smoke-Free Air Act New Jersey law banning smoking in many places

The Smoke-Free Air Act is a smoking ban that came into effect in New Jersey, United States, on April 15, 2006. This law prohibits smoking in most indoor public places and work places.

The loi Évin is the French alcohol and tobacco policy law passed in 1991. It takes its name from Claude Évin, then Minister of Health, who proposed it to Parliament.

Smoking in Japan Aspect of public health in Japan

Smoking in Japan is practiced by around 20,000,000 people, and the nation is one of the world's largest tobacco markets, though tobacco use has been declining in recent years.

Smoking in China is prevalent, as the People's Republic of China is the world's largest consumer and producer of tobacco: there are 350 million Chinese smokers, and China produces 42% of the world's cigarettes. The China National Tobacco Corporation is by sales the largest single manufacturer of tobacco products in the world and boasts a monopoly in Mainland China generating between 7 and 10% of government revenue. Within the Chinese guanxi system, tobacco is still a ubiquitous gift acceptable on any occasion, particularly outside urban areas. Tobacco control legislation does exist, but public enforcement is rare to non-existent outside the most highly internationalized cities, such as Shanghai and Beijing. Furthermore, outside the largest cities in China, smoking is considered socially acceptable anywhere at any time, even if it is technically illegal.

Smoking in Hong Kong

Tobacco smoking in Hong Kong has declined in recent decades, with 10 per cent of Hong Kongers smoking on a daily basis as of 2017. It is the policy of the Hong Kong government to discourage smoking. Smoking is banned in most public places and tobacco advertising is prohibited.

Smoking in Turkey is banned in government offices, workplaces, bars, restaurants, cafés, shopping malls, schools, hospitals, and all forms of public transport, including trains, taxis and ferries. Turkey's smoking ban includes provisions for violators, where anyone caught smoking in a designated smoke-free area faces a fine of 188 Turkish lira (~€11,72/$12,75/£9,79) and bar owners who fail to enforce the ban could be fined from 560 liras for a first offence up to 5,600 liras. The laws are enforced by the Ministry of Agriculture and Forestry of Turkey.

Smoking in Singapore

Smoking in Singapore is subjected to restrictions enacted through various legislations such as the Smoking Act, which was first enacted in 1970.

Smoking in Canada Overview of smoking in Canada

SmokinginCanada is banned in indoor public spaces, public transit facilities and workplaces, by all territories and provinces, and by the federal government. As of 2010, legislation banning smoking within each of these jurisdictions is mostly consistent, despite the separate development of legislation by each jurisdiction. Notable variations between the jurisdictions include: whether, and in what circumstances ventilated smoking rooms are permitted; whether, and up to what distance away from a building is smoking banned outside of a building; and, whether smoking is banned in private vehicles occupied by children.

Smoking in Ireland is banned fully in the general workplace, enclosed public places, restaurants, bars, education facilities, healthcare facilities and public transport. However, it is permitted in designated hotel rooms and there is no ban in residential care, prisons and in outdoor areas. Public opinion is in favour of the bans on smoking imposed in Ireland.

The Tobacco Control Act of Bhutan was enacted by the Parliament of Bhutan on 6 June 2010 and came into force on 16 June. It regulates tobacco and tobacco products, banning the cultivation, harvesting, production, and sale of tobacco and tobacco products in Bhutan. The act also mandates that the government of Bhutan provide counselling and treatment to facilitate tobacco cessation. Premised on the physical health and well being of the Bhutanese people – important elements of Gross National Happiness – the Tobacco Control Act recognizes the harmful effects of tobacco consumption and exposure to tobacco smoke on both spiritual and social health.

Tobacco is an agricultural product acting as a stimulant triggering complex biochemical and neurotransmitter disruptions. Its main ingredient is nicotine and it is present in all cigarettes. Early tobacco usage was for medical cures and religious purposes. In the early 1900s, cigarette usage became increasingly popular when it was sold in mass amounts. In 1964, the Surgeon General of the United States wrote a report concerning the dangers of cigarette smoking. In the United States, for the past 50 years efforts have been made so that the public should be aware of the risks of tobacco usage.

The Oregon Indoor Clean Air Act, also known as the Smokefree Workplace Law, is a measure passed in 1981 by the US State of Oregon prohibiting smoking in public indoor places except in certain designated smoking areas. The objective is to protect non-smokers in confined areas from second-hand smoke. Beginning on January 1, 2016, the law was extended to cover "inhalant delivery systems" such as e-cigarettes.

Smoking in South Africa

Tobacco smoking among South Africans in recent years, has decreased largely due to the increase in the precaution of the dangers of smoking and enforcement of stricter legislation on the tobacco industry. In 1996, the provinces with the highest percentage and prevalence of smoking include Northern Cape (55%), Western Cape (48%) and North-West (46%). However, the number of smokers still remains stagnant. Despite the efforts to bring awareness to the risks that come with smoking, there is still a high prevalence of tobacco use in South Africa; and it is a major contributor to morbidity and mortality.

References