Deterrence enhanced: Assistant Director of Health Dr Cindy Lai and Deputy Secretary for Food & Health Ingrid Yeung introduce the proposed fixed-penalty system for smoking offences.

The Fixed Penalty (Smoking Offences) Bill 2008, which introduces a fixed penalty for smoking or carrying a lighted cigarette or pipe in statutory no-smoking areas or transport carriers, was gazetted today. It will be tabled to the Legislative Council on February 20.

Speaking at a press briefing today, Deputy Secretary for Food & Health Ingrid Yeung said the introduction of a fixed penalty would simplify the administrative procedures and have a stronger deterrent impact on smokers.

The bill proposes to set a standard fixed penalty level for smoking offences at $1,500, on par with the fine level for public cleanliness offences.

Under the proposed system, a person who has received a fixed-penalty notice for smoking offences must pay within 21 days. If the payment is not settled as scheduled, the person will receive another penalty notice and must pay within 10 days.

Potential jail term for failing to pay

Anyone who fails to pay the original penalty faces a court order to pay a total of $3,300 - the original $1,500 fine, an additional $1,500 fine and an administration cost of $300. If payment is not received within 14 days, the person may face conviction and imprisonment. 

Apart from the Tobacco Control Office's inspectors, the bill empowers specified public officers of the Leisure & Cultural Services, Food & Environmental Hygiene and Housing Departments to issue fixed-penalty notices to offenders within their premises.

Mrs Yeung said the measures would enhance the whole enforcement strategy's strength and effectiveness.

$10k fine for refusing to show ID

The law-enforcement officers are empowered to ask the individual to provide documentary proof of identity when they intend to issue a fixed-penalty ticket or summons. Anyone who refuses would be liable to a maximum fine of $10,000.

The individual would be charged for refusing to provide documentary proof of identity, and the smoking offence would be prosecuted by summons if the individual provides the documents only upon request of the Police.

Anyone who refuses to provide ID documents, even upon a request from Police, would be charged for obstructing the officers in their enforcement actions - and liable to a maximum fine of $25,000 and six months' imprisonment.

Mrs Yeung said manpower at the Tobacco Control Office will be increased as the Government plans to ban smoking at public transport interchanges and qualified establishments that now allow smoking in July 2009.