XN000022-1996-03-27 — Page 42

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Prosecution for breach of "no-smoking" law

Following is a question by Dr the Hon John Tse Wing-ling and a written reply by the Secretary for Health and Welfare, Mrs Katherine Fok, in the Legislative Council today (Wednesday):

Question:

According to existing legislation, public places such as public light buses. cinemas and lifts are designated as no-smoking areas. In this regard, will the Government inform this Council:

(a)

(b)

(c)

(d)

of the number of people who were charged with smoking in no-smoking areas, as well as the number of those who were prosecuted, in each of the past three years;

of the highest, lowest and average penalties imposed by the court for smoking in no-smoking areas in the past three years;

whether the Government will consider stepping up prosecution as well as imposing heavier penalties; and

what long-term measures does the Government have to protect the rights of non-smokers, in particular against the effect of passive smoking in offices?

Reply:

The primary responsibility for enforcement in designated no-smoking areas rests with the managers of these areas. The Administration prosecutes cases which are referred to it by managers. It would not be an effective use of public resources for Government staff to be responsible for front-line enforcement as well.

According to the information available to us, the number of people prosecuted for smoking in no smoking areas in 1993, 1994 and 1995 were 115, 2648 and 1809 respectively. The number of convictions were 49, 1832 and 1337 respectively. The minimum fines for the three years were $50, $10 and $50 respectively, whereas the maximum fines were $400, $1,200 and $1,000 respectively. On average, the fine imposed were in the region of $400, $430 and $700 respectively. These figures do not include cases which occurred in land transport carriers other than MTR and KCR, as statistics regarding those other transport carriers, such as mini-buses, taxis, etc are not available.