控煙條例

Restaurants with more than 200 seating accommodations	Shopping malls	Public transport carriers	Public lifts
Mass media	Tobacco retailers	Printed publications	Definitions

Restaurants with more than 200 seating accommodations

According to the Smoking (Pubic Health) Ordinance (Cap. 371), manager of a restaurant which provides indoor seating for more than 200 persons should:

Designate not less than one-third of the area as a no smoking area excluding accommodation being used exclusively for a private event and separated by full height partition.
Place sufficient number of no smoking signs in English and Chinese in prominent position in all no smoking areas.
Designate not less than one-third of the area of such as a no smoking area at anytime (including morning, afternoon, tea-time and evening sessions).
Managers may apply for no smoking signs from our office.

Shopping malls

No person shall smoke or carry a lighted cigarette, cigar or pipe in any public indoor place of shopping malls.
Indoor areas included department stores, shops, lifts, corridors, staircases, washrooms, etc.
Managers should place sufficient number of no smoking signs in English and Chinese in prominent position in shopping malls.
Managers can apply for no smoking signs from our office.

Public transport carriers

No person shall smoke or carry a lighted cigarette, cigar or pipe in a public transport carrier .
Managers should place sufficient number of no smoking signs in English and Chinese in prominent position in public transport carriers.
Managers can apply for no smoking signs from our office.

Public lifts

No person shall smoke or carry a lighted cigarette, cigar or pipe in a public lift .
Managers should place sufficient number of no smoking signs in English and Chinese in prominent position in public lifts.
Managers can apply for no smoking signs from our office.

Mass media

No person shall exhibit or broadcast a tobacco advertisement by radio, film, television, in printed publications and on the Internet.

Tobacco retailers

No person shall sell, offer for sale or possess for the purpose of sale any cigarettes unless they are in a packet of at least 20 sticks and the packet should bear with a health warning and the tar and nicotine yields.
No person shall sell, offer for sale or possess for the purposes of sale any cigar, pipe tobacco or cigarette tobacco unless the container thereof bears a health warning in the prescribed form and manner.
Tobacco retailers employ more than two persons are not allowed to show any tobacco advertisement.
No one is allowed to sell or display any magazine or other printed publications with tobacco advertisements.
All tobacco retailers must place a sign in a prominent position indicated the following:
"BY ORDER OF HKSAR GOVERNMENT: NO TOBACCO PRODUCT SHALL BE SOLD TO PERSON UNDER 18 OR GIVEN FOR PROMOTION TO ANY PERSON"
Managers can apply for the above sign from our office.

Printed publications

According to the Smoking (Public Health) Ordinance, no one shall print, distribute, publish or cause to be published a tobacco advertisement in a printed publication include any local newspaper , and any printed document published or distributed in Hong Kong, except the following publications:
1. Local newspaper published for the passengers of any airline or shipping company;
2. Local newspaper published for the tobacco trade or as the "in house" magazine of any company engaged in that trade;
3. Local newspaper published for circulation entirely outside Hong Kong.

According to the Smoking (Public Health) Ordinance, all local and foreign printed publications distributed or circulated in Hong Kong shall not contain any tobacco advertisement.
Distributors should check all the publications before selling. Tobacco advertisement should be removed before distribution.
If an advertisement or any object contains inducement to purchase and smoke, promote and encourage the use of cigar products, then the advertisement or object shall be deemed to be a tobacco advertisement.

Definitions

"Manager" in relation to -	an amusement game centre, cinema, theatre, concert hall, public transport carrier, restaurant, department store, shopping mall, supermarket or bank, includes an assistant manager, any person holding an appointment analogous to that of manager or assistant manager or any person who is responsible for the management, or is in charge of control of the amusement game centre, cinema, theatre, concert hall, public transport carrier, restaurant, department store, shopping mall, supermarket or bank;

"Restaurant" -	any food business which involves the sale of meals or unbottled non-alcoholic drinks other than Chinese herb tea, for consumption on the premises, but does not include a factory canteen or any business carried on by a hawker who is the holder of a licence under the Hawker Regulation (Cap 132 sub. leg.);

"Public transport carrier" -	any public bus, public light bus, taxi, train, light rail vehicle, car, tramcar or ferry vessel mentioned in the following table, while the public bus, public light bus, taxi, train, light rail vehicle, car, tramcar or ferry vessel is, subject to the following table, carrying members of the public;
	A public bus operated under a franchise granted under the Public Bus Services Ordinance (Cap. 230). A public bus operated under a passenger service licence for the purposes of - (a) a tour service; (b) an international passenger service; (c) a hotel service; (d) a student service; (e) an employees' service; (f) a resident's service; (g) a multiple transport service; or (h) any other service approved by the Commissioner for Transport, under the Road Traffic Ordinance (Cap. 374) other than when hired to any person under regulation 38 of the Road Traffic (Public Service Vehicles) Regulations (Cap. 374 sub.leg.). A public light bus within the meaning of the Road Traffic Ordinance (Cap. 374) other than when hired to any person under regulation 38 of the Road Traffic (Public Service Vehicles) Regulations (Cap. 374 sub. leg). A registered taxi within the meaning of the Road Traffic Ordinance (Cap. 374) other than when hired to any person under regulation 38 of the Road Traffic (Public Service Vehicles) Regulations (Cap. 374 sub. leg). A train operated on the Mass Transit Railway under the Mass Transit Railway Ordinance (Cap. 556). (Amended 13 of 2000 s.65) A train operated on the Kowloon-Canton Railway under the Kowloon-Canton Railway Corporation Ordinance (Cap. 372). A light rail vehicle operated on the North-west Railway under the Kowloon-Canton Railway Corporation Ordinance (Cap. 372). A car used upon the tramway under the Tramway Ordinance (Cap. 107) other than on a hire tramway service. A tramcar used upon the tramway under the Peak Tramway Ordinance (Cap. 265). Those parts of a ferry vessel operated under a franchise or a licence granted under the Ferry Service Ordinance (Cap. 104) opened, kept or used for or in connection with the carriage of passengers or to which the passengers have or are permitted to have access.
"Public lift" -	means a lift to which the public have access and includes any lift giving access to separately occupied flats, offices or other units of accommodation and a hotel lift.

"Local newspaper" -	means a newspaper printed or produced in Hong Kong.

"Printed documents" -	includes every piece of paper, cloth or other similar material, bearing any words, pictures or signs which were or appear to have been wholly or partly produced by any mechanical, electrical or other copying process in Hong Kong and the collection of such pieces of paper, cloth or other material in any bound or other permanent form but does not include - (a) any document solely intended and solely used for a bona fide and ordinary commercial, professional, social or administrative purpose; or (b) any other document issued or used by any public body.