1964_SMOKING_(PUBLIC_HEALTH)_ORDINANCE — Page 5

CAP. 371]

Smoking (Public Health)

[1984 Ed.

Setting aside of no smoking areas.

(Cap. 172.)

(a) any area demarcated as a no smoking area under section 4;

(b) any public lift;

(c) any land vehicle, being a public transport vehicle, having only one deck;

(d) the lower deck of a land vehicle, being a public transport vehicle, having more than one deck.

4. (1) The manager of a cinema, theatre or concert hall shall set aside not less than 50 per cent of each class of its seating accommodation as an area in which smoking is prohibited; and he may set aside all such accommodation.

(2) The manager of a public transport service shall set aside not less than 50 per cent of each class of seating accommodation in every public transport vehicle of that service, not being a vehicle to which paragraph (c) or (d) of section 3 applies, as an area in which smoking is prohibited; and he may set aside all such accommodation.

(3) For the purposes of this section-

(a) an area shall be deemed to have been set aside under subsection (1) only while it is open to the public;

(b) a cinema, theatre or concert hall means---

(i) any building or part of a building used primarily as a cinema, theatre or concert hall, whether or not it is being so used at the material time, other than the premises of any club, association or other body in which films are exhibited, or plays or music performed for the benefit primarily of the members thereof and their guests;

(ii) any place of public entertainment licensed under the Places of Public Entertainment Ordinance while open to the public on account of any concert, stage play, stage performance or other musical, dramatic or theatrical entertainment or any cinematograph display;

(c) the passenger carriages of a train shall be deemed to be a single vehicle.

(4) Subject to compliance with the provisions of this section, seating accommodation set aside under this section as a no smoking area may be varied by increasing or reducing that area or by substituting another area in place thereof.

(5) Any seating accommodation demarcated as an area in which smoking is prohibited by signs placed in compliance, or purported compliance, with section 5 shall be deemed to have been set aside under this section.

(6) In setting aside seating accommodation under this section the manager shall comply with any prescribed requirements relating to the relative positioning of smoking and no smoking areas.

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