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Fixed penalty for smoking offence comes into effect in September

26 Aug 2009

The fixed penalty system for smoking offence will come into effect on September 1 this year and smoking would also be prohibited in 48 public transport facilities (PTF) on the same day, a spokesman for the Department of Health said today (August 26).

Under the Fixed Penalty (Smoking Offences) Ordinance, any person who smokes or carries a lighted cigarette, cigar, or pipe in any designated no smoking areas or public transport carrier will be issued with a fixed penalty notice of $1,500 by enforcement officers.

"While most smokers have abided by the no smoking requirements at places where smoking is not allowed, the new measure will increase the deterrent effect and convey to the public a more consistent message on the Government’s determination to enforce the smoking ban and protect non smokers from the risk of secondhand smoke," the spokesman said.

Tobacco Control Inspectors, police officers and specified officers of the Leisure and Cultural Services Department (LCSD), Food and Environmental Hygiene Department (FEHD) and Housing Department (HD) are authorized to issue fixed penalty notices.

"Authorized officers of LCSD, FEHD and HD will enforce smoking ban in public venues under their management.

"People who have been issued with the fixed penalty notices are required to settle the payment within 21 days or else they will face a heavier penalty," the spokesman said.

Explaining the procedures of issuing of fixed penalty notices, the spokesman said enforcement officers would show their departmental identity card or warrant card for identification when executing their duties.

The offenders would be requested to provide their personal particulars for inspection and record, he said.

"Offenders would not be required to pay the fixed penalty to any enforcing officer on the spot. Instead they should pay through various prescribed channels within 21 days from the date of issue of the fixed penalty notice," he said.

Regarding the prohibition of smoking in 48 covered designated PTF, the spokesman said PTF were areas that consist of termini of two or more modes of public transport or bus terminus of two or more specified bus routes.

"The objective of the measure is to further protect the public from the harm of smoking and second-hand smoking," the spokesman said.

List of the 48 designated PTF and their gazetted plans are available at the Land Registry and TCO’s website ( http://www.tco.gov.hk ) for public inspection.

The plans and no smoking signs would be displayed prominently at all 48 PTFs.

The spokesman noted that smoking ban had already been enforced in 43 indoor PTF since January 2007.

"The Government is preparing for designating some 130 open-air PTF as no smoking area," he added.

To ensure the public is well informed of the two initiatives, a series of publicity programmes have been launched since August 2009. They include the broadcast of TV and radio announcements in public interest as well as the display and distribution of posters, pamphlets, stickers and other publicity materials.