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Smoking in court lobbies

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Following is a question by the Hon Chan Yuen-han and a written reply by the Chief Secretary, Mrs Anson Chan, in the Legislative Council today (Wednesday):

Question:

Will the Government inform this Council:

(a) whether smoking is prohibited in the lobbies of all court buildings; and

(b)

if the answer to (a) is in the affirmative,

(1)

of the respective numbers of persons who were warned and prosecuted for smoking in court lobbies last year; and

(ii)

which government department is currently responsible for issuing warnings to, or instituting prosecutions against, those persons who smoke in court lobbies?

Reply:

Mr President,

According to information provided by the Judiciary Administrator, smoking is discouraged in all public areas within court premises, and no-smoking signs are displayed for this purpose. However, these public areas have not been designated as statutory no-smoking areas under Schedule 3 of the Smoking (Public Health) Ordinance (Cap 371). Accordingly, it is not an offence to smoke in these areas.

The Judiciary Administrator has also advised us that both local and overseas experience indicates that it is difficult to stop those waiting to attend courts, especially the criminal courts, from smoking. Given the stress and anxiety that some parties to court proceedings are under, they may find it difficult to refrain from smoking, regardless of whether smoking is prohibited or not.

Nevertheless, the Judiciary Administrator has assured us that all court staff have been instructed to advise members of the public not to smoke in public areas within court premises and that such efforts will continue. However, the Judiciary Administrator does not have statistics on the number of persons who were advised not to smoke in public areas within court premises last year.

End

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