ENG-2009 — Page 226

The Government adopts a multi-pronged approach to the issue, including promotion, education, legislation, enforcement, encouragement to stop smoking, and taxation.

Legislation

The Smoking (Public Health) Ordinance stipulates statutory no smoking areas. and enforcement arrangements, and regulates the advertisement, promotion, packaging and labelling of tobacco products.

Since January 1, 2007, smoking has been banned in all indoor areas of restaurants, theatres, malls, karaoke establishments, other workplaces and indoor public places, child care centres, universities, schools, hospitals, escalators, parks, stadiums, swimming pools and bathing beaches. The prohibition of smoking in public areas was extended to bars, clubs, nightclubs, bathhouses, massage establishments, mahjong-tin kau premises and designated mahjong rooms in clubs with effect from July 1, 2009.

From September 1, 2009, smoking was prohibited in all covered public transport interchanges to reduce the adverse impact of second-hand smoke to public transport

users.

With the enactment of the Fixed Penalty (Smoking Offences) Ordinance on September 1, 2009, persons smoking in statutory no-smoking areas and on public transport carriers became liable to a fixed penalty of $1,500. In addition to the Police and tobacco control inspectors, authorised staff of the Leisure and Cultural Services Department, the Food and Environmental Hygiene Department and the Housing Department are empowered to serve fixed penalty notices on offenders.

With the ending of the two-year grace period granted under the Smoking (Public Health) Ordinance to licensed hawker stalls selling goods including tobacco products on November 1, 2009, all advertisements and promotions on tobacco products were prohibited in Hong Kong.

Taxation

For public health reasons, the Government increased tobacco duty by 50 per cent with immediate effect in the Budget Speech on February 25, 2009. The duty on cigarettes increased from around $0.8 to about $1.2 per stick. This duty together with other tobacco control measures aims to reduce the use of tobacco and the adverse impact of passive smoking on members of public.

Implementation and Enforcement

A main task of the Tobacco Control Office (TCO), set up in 2001, is to enforce the smoking ban at statutory no-smoking areas. It conducted over 17 000 inspections and issued over 4 100 summonses and 1400 fixed penalty notices for smoking offences in 2009. Another of its key tasks is to assist managers and staff of establishments in statutory no-smoking areas to observe the Smoking (Public Health) Ordinance. In 2009, the TCO organised 37 seminars on tobacco control and prevention. Some 1 200 people attended the seminars.