Tobacco Control Legislation

Law Enforcement

The Tobacco and Alcohol Control Inspectors of the Tobacco and Alcohol Control Office of the Department of Health have been conferred with powers to enforce the Smoking (Public Health) Ordinance (Cap. 371), to initiate prosecution against offences like smoking, displaying or publishing of tobacco advertisements. The general powers and duties of the Tobacco and Alcohol Control Inspectors under Section 15G include to:

  • Enter any place in which a relevant offence has been or is being committed;
  • Enter and inspect a no smoking area of a public place;
  • Seize anything that appears to be evidence of any relevant offence;
  • Require any person to give his name and address and to produce proof of identity if the person has committed a relevant offence;
  • Take photographs, make sound and video recording for the purpose of obtaining evidence;
  • Require any person to produce documents or records and make copies of such documents or records for the purpose of enforcing relevant provisions;
  • Require any person to provide assistance or information as is reasonably necessary to enforce the relevant provisions.

The Ordinance also stipulates that any person, who wilfully obstructs a Tobacco and Alcohol Control Inspector in the performance of his duty, or who fails to give his name and address or to produce proof of identity, or who gives a false or misleading name or address, commits an offence and is liable on summary conviction to a maximum fine of $10,000.