Tobacco Control Legislation

Expansion of Statutory No Smoking Areas to within 3 metres from entrances / exits of specific premises takes effect on 1 January 2026.

Statutory No Smoking Areas

In accordance with the Smoking (Public Health) Ordinance (Cap. 371), no person may do a smoking act in no smoking areas, or else will be liable to a fixed penalty of $1,500 until 31 December 2025 and $3,000 commencing on 1 January 2026.

Statutory no smoking areas include:

Public Transport – related:
  • Public Transport Carriers
 Any public bus, public light bus, taxi, Mass Transit Railway train, Kowloon-Canton Railway train, light rail vehicle, tramway car, peak tramway car, or ferry vessel. Under section 4 of the Smoking (Public Health) Ordinance (Cap. 371), the driver, conductor, ticket inspector, ticket collector, or managers of any public transport carrier are empowered in enforcing tobacco control measures.
Indoor1 areas of the following:
  • Shops, department stores or shopping malls
  • Markets
 Both publicly and privately operated.
  • Supermarkets
  • Banks
  • Restaurant premises
 Under Section 3 and Schedule 2 of the Smoking (Public Health) Ordinance (Cap. 371), indoor areas of all restaurant premises are designated as no smoking areas, regardless of the number of indoor seating provided.
  • Bars
  • Karaoke establishment
  • Mahjong tin-kau premises
  • Bathhouses
  • Massage establishment
  • Workplaces
 Indoor areas of all workplaces are designated no smoking areas under Section 3 and Schedule 2 of the Smoking (Public Health) Ordinance (Cap. 371), regardless for the purpose of self-employed or being employed, including any part of the place that is set aside for use during any intervals for taking a meal or rest. Examples include shops, offices, workshops, or public areas in the workplaces.
  • Residential care homes
  • Treatment centres
  • Communal quarters
  • Public places
 Any place to which for the time being the public are entitled or permitted to have access, whether on payment or otherwise. For example, toilet of office, staircase of industrial or commercial building, lift lobby of residential building.
Both indoor and outdoor areas of the following:
  • Public lifts
  • Escalators
  • Hospitals
  • Schools
  • Child care centres
  • Specified educational establishment
 Including universities and post-secondary college, technical colleges or technical institutes, industrial training centres or skill centres, the Hong Kong Academy for Performing Arts.
  • Public pleasure grounds
 Managed by the Leisure and Cultural Services Department, such as any park, playground, garden, sitting out area, promenade or sport ground, not including those areas designated as smoking areas.
  • Cinemas, theatres or concert halls
  • Amusement centres
  • Public swimming pools
 And the vicinities including sidewalks immediately adjacent to the swimming pools, diving boards, and spectator stands.
  • Stadiums
 Including the ditch running tracks, sidewalks immediately adjacent to the ditches or running tracks, and spectator’s stands.
  • Bathing beaches
 And the vicinities including adjacent barbeque areas.
  • Hong Kong Wetland Park
Effective on 1 January 2026
Public places that lie within 3 metres outside the entrances / exits exclusively used for the following:
  • Residential care homes
  • Child care centres
  • Schools
  • Hospitals
  • Specified clinics or health centres
  1. that is managed or controlled, whether wholly or partly, by the Government, the Hospital Authority or the Board of Governors of The Prince Philip Dental Hospital;
  2. fall within a type of clinic or a type of health centre specified by the Director of Health by notice published in the Gazette.
Illustration of 3 metres outside the entrances / exits:

Note1
Indoor means having a ceiling or roof, or a cover that functions (whether temporarily or permanently) as a ceiling or roof; and at least 50% of the total area of all sides enclosed (whether temporarily or permanently), except for any window or door, or any closeable opening that functions as a window or door.

Manager of the premises is any person who is responsible for the management of the statutory no smoking area or public transport carrier, including the assistant manager and any person holding an appointment analogous to that of a manager. Furthermore, managers of statutory no smoking areas should place no smoking signs in a prominent position to remind the public that the premises are statutory no smoking areas. Managers should maintain such signs in good order.

Section 3(3) of the Smoking (Public Health) Ordinance empowers the manager of a no smoking area to enforce the relevant law to ensure no person may do a smoking act in the premises he manages. If the manager finds anyone doing a smoking act in a no smoking area, the manager may

  1. request the smoker to cease the act;
  2. if the smoker is not cooperative and continues to smoke, the manager may request the smoker to leave the no smoking area, or request the smoker to provide his name, address, and documentary proof of identity; or
  3. if the smoker refuses to cease the act or refuses to leave the no smoking area, or refuses to provide his name, address or documentary proof of identity despite the manager’s request, the manager may call for police assistance if necessary.

Any person, who is requested to leave the no smoking area or removed from the no smoking area in violation of the above section, is not entitled to a refund of any admission fees or money for entering to the premises or building.