The Smoking (Public Health) (Amendment) Bill 2005 was passed into law in the Legislative Council today. From January 1, public indoor areas must be smoke-free. The smoking ban includes restaurants, offices, schools, hospitals, markets, karaoke parlours and bars.

The Health, Welfare & Food Bureau said six types of "qualified establishments" - nightclubs, commercial bathhouses, massage establishments, mahjong parlours, designated mahjong rooms in clubs, and certain bars - can implement the ban by July 1, 2009, at the latest. However, they must restrict entry to people aged 18 and above.

Within any public pleasure ground, under section 107(3) of the Public Health & Municipal Service Ordinance (other than bathing beaches), the smoking ban will not apply to smoking areas to be specified by the Director of Leisure & Cultural Services.

Outdoor areas

The smoking ban will also be imposed in certain outdoor areas, including:

* open areas of hospitals (public and private);

* open areas of all schools, including university campuses;

* public beaches;

* public swimming pools (pool areas and spectator stands);

* the Hong Kong and Mongkok Stadiums (turf pitch areas and spectator stands);

* public transport interchanges;

* the Hong Kong Wetland Park; and,

* escalators.

Smoking will also be prohibited in living accommodation provided by an employer to two or more employees, except private dwellings where employers and employees live together, such as accommodation provided for employees (domestic helpers) within the employer's own residence.

For transport interchanges, the amendment ordinance will empower the Director of Health to designate as a no smoking area any part that consists of the termini of two or more modes of transport, or of any bus terminus of more than one specified route.

Inspector enforcement

A fixed penalty system for smoking offences will be introduced. The amendment ordinance also gives the Secretary for Health, Welfare & Food authority in appointing inspectors to take enforcement action.

The new law removes the statutory requirement for managers to display no-smoking signs. Managers of no-smoking areas will have the flexibility to decide where and how to post signs or make other arrangements to remind users of the prohibition.

The amendment ordinance prohibits the display of descriptive words on tobacco packets and retail containers which may have misleading or deceptive effects. It also stipulates that health warnings must be displayed on tobacco packets and retail containers.

The grace period given to licensed hawkers for display of tobacco advertising will be extended to November 1, 2009.

Targeting blackspots

Speaking at the resumption debate on the second reading of the bill in the Legislative Council today, Secretary for Health, Welfare & Food Dr York Chow said Tobacco Control Office inspectors will act on reports and complaints and target strategic blackspots to enhance inspection and enforcement.

Dr Chow said the office will launch a series of publicity and education activities to make known the legislative requirements.

The office will also promote its tobacco cessation service. It will continue to work with the Tobacco Control (Smokefree Restaurants) Working Group to publicise the new legislative requirements within the catering industry.