Tobacco Control Legislation
Public Transport Facilities
Section 3(1AB) of Smoking (Public Health) Ordinance (Cap. 371) empowers the Director of Health to, by notice published in Gazette, designate as a no smoking area (NSA) the whole or a part of -
any area that consists of the termini of 2 or more modes of public transport and is used for effecting and facilitating interchange between them; or
any bus terminus of more than one specified route as defined in section 2 of the Public Bus Services Ordinance (Cap.230).
No person shall smoke or carry a lighted cigarette, cigar or pipe in designated NSAs, or else will be liable to a fixed penalty of $1,500.
Since 1 January 2007, all indoor public transport interchanges were designated as NSAs. Since 1 September 2009, the Government has also designated NSAs in public transport facilities (PTFs) by phases for those areas identified as fulfilling the criteria as set out in section 3(1AB) of Cap. 371. There are currently about 240 PTFs designated as NSAs.
At present, there are 3 types of PTFs with the designation of NSAs
Please refer to the Smoking (Public Health) (Designation of No Smoking Areas) Notice (Cap. 371D) for details of designated NSAs in PTFs. The full text of the Notice can be accessed at the Bilingual Law Information System of the Department of Justice.( www.legislation.gov.hk )