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Frequently Asked Questions

What is "Statutory No Smoking Area"?

In accordance with the Smoking (Public Health) Ordinance, the following areas are designated as "Statutory No Smoking Area". No person shall smoke or carry a lighted cigarette, cigar, or pipe in statutory no smoking areas, or else will be liable to a fixed penalty of $1,500.

Indoor Areas (Note 1) as
No Smoking Areas		 Indoor and Outdoor Areas
as No Smoking Areas		 Other No Smoking Areas
  • restaurants
  • workplaces, offices(Note 2)
  • indoor public areas (e.g. lift lobbies of private buildings, back stairs)
  • footbridges
  • shops, departmental stores, shopping malls, publicly or privately operated markets, supermarkets
  • bank
  • residential care homes, treatment centres
  • all bars, nightclubs, mahjong-tin kau premises, bathhouses and massage establishments.
  • public lifts, escalators
  • child care centres, schools, universities and tertiary institutes
  • cinemas (including car cinemas), theatres, concert halls, amusement game centres
  • hospitals
  • The Hong Kong Wetland Park
  • public pleasure ground managed by LCSD (e.g. playground, parks, sitting-out area, stadium and sport ground), but not including those areas designated as smoking areas (Note 3)
  • public swimming pools and bathing beaches managed by LCSD
  • Hong Kong Stadium, Mongkok Stadium
  • approved institutions where probationers are placed, reformatory school and place of refuge

Note 1: The definition of "Indoor Areas" is:
  - having a ceiling or roof, or a cover that functions (whether temporarily or permanently) as a ceiling or roof,
  - and enclosed (whether temporarily or permanently) at least up to 50% of the total area on all sides, except for any window or door, or any closeable opening that functions as a window or door
Note 2: Including non-office hours
Note 3: Please click here for LCSD venues where smoking is prohibited
Note 4: Even there is no passenger on the vehicle, public light bus & taxi drivers cannot smoke inside the vehicle.

In addition to the "Smoking (Pubic Health) Ordinance", there are other ordinances related to smoking ban. Venue managers have also been conferred with powers by the relevant ordinances to enforce the smoking ban. The followings are the major no smoking areas governed by those ordinances:

Ordinance Statutory No Smoking Area
Chapter 283 HOUSING ORDINANCE Public areas inside the public housing estates managed by the Housing Department
Chapter 374 ROAD TRAFFIC ORDINANCE Car parks
Chapter 388 OCEAN PARK CORPORATION ORDINANCE The non-smoking areas inside Ocean Park
Chapter 577 TUNG CHUNG CABLE CAR ORDINANCE The non-smoking areas inside the cable car system linking Tung Chung and Ngong Ping
Chapter 556 MASS TRANSIT RAILWAY ORDINANCE MTR areas
Chapter 483 AIRPORT AUTHORITY ORDINANCE The Restricted Area, passenger terminal building, ground transportation centre, public transport facilities or the public car parks inside the Hong Kong International Airport (except in an area designated by the Authority as a smoking area).
Chapter 313 SHIPPING AND PORT CONTROL ORDINANCE China Ferry Terminal, Hong Kong Macau Ferry Terminal, the public air-conditioned area of Tuen Mun Pier
Chapter 1023 HONGKONG AND KOWLOON WHARF AND GODOWN COMPANY LIMITED (BY-LAWS) ORDINANCE Areas of the Modern Terminals
Chapter 1038 NORTH POINT WHARVES LIMITED ORDINANCE Buildings inside North Point Wharves

If you have an enquiries on the classification of the above no smoking areas and relevant enforcement issues, please check with the venue managers of the respective locations. For other ordinances related to tobacco control, please click here.
 
     

 

Last Revision Date : 03 January 2017