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July, 2009:

Man receives community service for threatening tobacco inspector

Staff reporters, SCMP

A 43-year-old man was ordered to perform 140 hours community service in the Kwun Tong Magistrates Court on Friday for threatening a tobacco control inspector, a Department of Health spokesman said on Friday.

The incident took place in a restaurant at Un Chau Street, Cheung Sha Wan, on March 28.

The man “criminally intimidated” the inspector when he was checking on the restaurant, the court heard.

The 43-year-old was subsequently arrested and was charged by police.

A Health Department spokesman said it was important to observe Hong Kong’s new legislation against smoking and respect people trying to enforce the laws.

“We urge the public to observe smoking prohibitions and to co-operate with law enforcement officers. Intimidation of or use of violence on enforcement officers is a serious offence and carries serious legal consequences,” he added.

Hong Kong has recently extended its ban on smoking in public places. This was after first legislating against it in some places – including restaurants and public bars – in early 2007.

From Wednesday, smoking is banned in all indoor areas at workplaces and public spaces. This includes bars, nightclubs, clubs, saunas, massage parlours and mahjong parlours.

Some industries argued the laws were too strict and would hurt their businesses because many of their customers are smokers. Some smokers believe the new laws restrict their personal freedom.

But the government said the tougher legislation is necessary to reduce tobacco consumption and curb harmful effects of passive smoking.

Around 6,000 people die of smoking-related illnesses in the territory each year, health experts say. Passive smoking is estimated to contribute to about 1,000 deaths annually.

The Health Department spokesman said: “Any person who smokes or carries a lighted tobacco product in a statutory no smoking area commits an offence and is liable on summary conviction to a maximum fine of HK$5,000.”

Anti-smoking drugs declared safe

Ng Yuk-hang and Reuters, SCMP

Two anti-smoking drugs ordered by US health authorities to display mental health warnings on their packaging were safe to use, the Hong Kong Department of Health said yesterday.

The US Food and Drug Administration has warned that Pfizer’s Chantix and GlaxoSmithKline’s Zyban had sparked 5,000 reports of depression, hostility and other behavioural changes.

But a spokesman for Hong Kong’s health department said there were already warning labels on the drugs and there had been no complaints.

He said there was no need to recall the drugs as they had been properly registered and could only be obtained with a prescription.

A leading pharmacist said people who were trying to quit smoking would often suffer from depression. Nicotine promoted the secretion in the brain of dopamine, a neurotransmitter that generated feelings of happiness and relaxation, Society of Hospital Pharmacists president Ewan So Yiu-wah said. “When people quit smoking, it is natural that they feel depressed because less dopamine is secreted,” he said.

Mr So said the packaging of drugs sold in the city already carried a warning based on European standards. But he called for translated instruction slips. “Many people do not read English and would not know what the side effects are,” he said.

Taking the drugs was safe as users needed to see a doctor every two weeks and their health would be closely monitored, he added.

Cigarette companies kicked out of tobacco meeting

Frank Jordans, Associated Press Writer

GENEVA –A U.N.-backed meeting on tobacco smuggling has barred cigarette companies from attending for fear they will try to influence delegates, participants said Thursday.

More than 130 countries agreed late Wednesday to expel the tobacco industry from the rest of the weeklong meeting of parties to the 2005 Framework Convention on Tobacco Control, which the U.S. has signed but yet to ratify.

Governments are considering a range of measures to crack down on contraband cigarettes, including a ban on Internet sale of tobacco products and a crackdown on smuggling through duty free zones.

“We (the governments) decided not to permit the tobacco industry to enter the meeting because they could interfere in the negotiations,” said Justino Regalado Pineda, the head of Mexico’s National Office for Tobacco Control.

“We have to protect people from their commercial interest to poison the population.”

Philip Morris International, whose representatives sat in on meetings earlier in the week, said it was “disappointed” by the decision.

“It sets a dangerous precedent for the United Nations in what should be a democratic and transparent process,” PMI spokesman Greg Prager said.

British American Tobacco, too, opposed the decision.

“We strongly believe that a successful fight against illicit trade can only come from direct co-operation between regulators, law enforcement authorities and the tobacco industry,” BAT spokesman David Betteridge said.

He said the debate leading to the exclusion was “instigated” by Corporate Accountability International.

The U.S.-based watchdog group said the decision was a victory for public health.

“This action sends a clear message from customs, health and law enforcement officials that it’s not business as usual for the tobacco companies,” the group’s international policy director Kathy Mulvey said.

——
On the Net:
Framework Convention on Tobacco Control: http://www.who.int/gb/fctc/

Renewed push to ban cigarette branding on packs

Mark Metherell, THE AGE NEWSPAPER AUSTRALIA


PRESSURE is mounting for brand labels to be removed from cigarette packets – a move that the tobacco industry bluffed a previous Labour government out of pursuing, according to anti-tobacco campaigners.


The Public Health Association, the Cancer Council and Heart Foundation yesterday swung behind Family First Senator Steve Fielding’s move to introduce legislation banning brand labels on cigarette packs. “There is no case for allowing any glossy brand promotion for a product that is lethal and addictive,” Senator Fielding said.


The national preventative health taskforce in its report handed to the Government this week is expected to call for the branding ban – which the tobacco industry has fiercely resisted in the past.


A former Labour health minister, Dr Carmen Lawrence, proposed the idea as far back as 1994 but dropped it after the industry claimed that loss of brand rights would breach international trade law and open the way to massive compensation claims.


But it later emerged that tobacco companies had received advice that they had no basis for a legal challenge, the Heart Foundation’s spokesman on tobacco issues, Maurice Swanson, told The Age yesterday. A spokeswoman for Health Minister Nicola Roxon said the Government would look at the branding issue as part of its consideration of the preventative health taskforce report.


Opposition health spokesman Peter Dutton said that while the Coalition was prepared to increase taxes on cigarettes, the ban on branding “is a bridge too far”.

This story was found at:

http://www.theage.com.au/national/renewed-push-to-ban-cigarette-branding-on-packs-20090701-d57x.html

Business slump greets blanket ban on smoking

Nickkita Lau, HONG KONG STANDARD NEWSPAPER

Some entertainment venue operators saw business shrink as the clock ticked past midnight yesterday ushering in a blanket smoking ban.

Some entertainment venue operators saw business shrink as the clock ticked past midnight yesterday ushering in a blanket smoking ban.

The two-year grace period for smoking inside bars, nightclubs, clubs, mahjong parlors, massage establishments and bathhouses ended on June 30.

But some customers ignored the ban and were seen smoking inside Wan Chai bars yesterday while others smoked on the sidewalk.

A customer in a Causeway Bay bar said she would continue smoking inside and if the bar staff stopped her she would not go there again.

The Tobacco Control Office received three complaints about smoking inside the six types of premises up until 5pm yesterday, with two in bars and one in a mahjong parlour.

Anyone in breach of the ban is subject to a maximum fine of HK$5,000.

Though empowered to implement the smoking ban, many managers said they would only remove ash trays and would not ask their customers to leave.

The Entertainment Business Rights Concern Group has been appealing to the government to extend the grace period.

Chairman Lillian Chan Yun-lin said there was a significant drop in customers, although no concrete number could be given until they have settled their accounts.

Turnover is expected to be about 20 to 30 percent below the usual. She also attributed the loss to the July 1 demonstration, the last race meeting of the season and people spending the public holiday in Shenzhen.

Hong Kong Mahjong Club spokesman Chris Cheung Ka-ning said there were hardly any customers playing in the afternoon. Some who did come had smoked despite the ban, with staff warning them about breaking the law.

He said some complied and stubbed out their cigarettes, but they could not stop those who insisted on smoking.
But Lan Kwai Fong’s Allan Zeman supports the ban.

“In Hong Kong, we talk about going green and pollution all the time. It’s time to take a stand,” he said.

Zeman does not think he is going to lose any business, saying the smoking ban will create a level playing field which will draw more non-smokers to bars and pubs.

________________________________________
Clear the Air Says: for the record Sing Tao News and the HK Standard
newspaper are owned by Charles Ho Tsu Kwok who also owns Hong Kong Tobacco Company Ltd

Ban too much of a drag for bar staff

Ng Yuk-hang and Dan Kadison, SCMP

Smokers defy threat of HK$5,000 fine as law leaves smouldering ill will

Staff at bars, massage houses and mahjong parlours were reluctant to ask their frequent customers to butt out on the first day of full enforcement of the smoking ban yesterday.


Some customers continued to puff away despite the risk that they might be fined up to HK$5,000 when found lighting up in bars, nightclubs, pubs, mahjong parlours, massage establishments and bathhouses.


“It was deadly embarrassing. [The frequent customers] are normally friendly to us, but once we talk about the smoking ban they would make a stern face at me,” Anita To Miu-yu, executive secretary of the Hong Kong Bars and Karaoke Rights Advocacy group, said.


While outlets could no longer provide ashtrays, some came up with other methods to facilitate their customers. Hong Kong Licensed Massage Association chief executive Jimmy Chow Chun-yu said he would not stop his clients from smoking and would give them a glass of tea. “They can do whatever they want with the glass,” he said. “If we try to stop them and get injured because of this, it will be so unfair. We do not want to get into trouble.”


He said he would leave enforcement to the inspectors of the Tobacco Control Office.


In a mahjong parlour in Tsim Sha Tsui, an employee named Ms Ho said she had health problems because of prolonged exposure to second-hand smoke. “Now that the air is clearer it should be better for my health,” she said.


Meanwhile, owners and managers were uncertain whether sales had been burned by full enforcement of the smoking ban. Both Ms To and Mr Chow said the effect could only be seen after a week.


“Customers at a few tables left sharply at midnight to protest against the ban,” Ms To said.


“It is possible that they would not come back anymore.”


She added that the industry was heavily affected by swine flu and the financial meltdown. In April and May, bars were 30 to 40 per cent full, she said.

Last week, a Department of Health spokesman called on venue managers to be co-operative in the final phase of the ban.


“Venue managers are authorised to require any smoker to stop smoking in the no-smoking areas,” the spokesman said. “They can request those [who] refuse to produce proof of identity and address for follow up; or ask them to leave the no-smoking area.”


Still, only offenders caught smoking – not venue managers or landlords – can be fined.


The Tobacco Control Office received three complaints between midnight and 5pm yesterday, a spokesman said.


Two complaints were bar-related and one involved mahjong premises, he said.


The office had the resources to cope with hundreds of complaints every week and it investigated every grievance lodged through its 2961 8823 hotline, Ronald Lam Man-kin, head of the office, said last week.


From 2007 to the end of June, tobacco control inspectors handed out more than 13,000 summonses, Dr Lam said. Smoking inside bars, nightclubs, clubs, mahjong parlours, massage establishments and bathhouses became illegal in Hong Kong at midnight yesterday.


Those venues now join the city’s other smoke-free locations, which include restaurants and offices and other workplaces.

__________________________________________

Clear The Air says: The Government must realise they do not have enough Tobacco Control Officers

and follow overseas’ jurisdictions that ‘require’, not ‘authorise’ the venue managers to enforce the anti

smoking ban – if they do not they are fined. If they are caught twice they lose their venue licences.

Liquor licensees are already legally ‘required’ rather than ‘authorised’ not to serve alcohol to drunk

persons under their licence conditions and the smoking requirement could be included in their licence conditions as an addition , for example under Condition 7 of a liquor licence ; this requires the licensee

to prevent the premises from being used ‘for any illegal purpose.’ This should be changed by the

addition of 7 words to :

7. The licensee shall not permit any person to occupy or use any portion of the premises for any immoral or illegal purpose including smoking or carrying lit tobacco products.

This is the easiest and most efficient way to make rogue premises comply.

Smoking ban comes into force

http://www.times-series.co.uk/news/1511465.print/

Smokers across south London sparked up at work and in the pub for the last time yesterday as the ban on smoking in enclosed public places begins today.

The new law, which came into effect at six o’clock this morning, is intended to stop people breathing in second-hand smoke.

Scotland, Wales and Northern Ireland already have similar bans in place.

Many venues held farewell events for the final night of smoking on Saturday, while local authorities are preparing to enforce the ban with enforcement officers patrolling the boroughs handing out fines.

The new law means that anyone caught lighting up illegally could be fined £50 – which could be reduced to £30 if it is paid within 15 days. The figure rises to £200 if an individual is prosecuted and convicted by a court.

Businesses failing to comply with the ban could be hit with fines of up to £2,500.

A legal challenge to the ban has been launched at the High Court by Freedom To Choose, which says the change in the law contravenes the European Convention on Human Rights.

Many pubs and bars have been worried about a decline in sales following the ban but a survey by the Campaign for Real Ale suggested England’s 6.2 million regular drinkers are likely to go out to pubs and bars more often after the ban.

Its study also found that 840,000 people who currently do not go to the pub said they would do so after smoking was made illegal.

How did you celebrate you last cigarette in a public place? Let us know by writing your comments below.

Smokers Snuff Out in Hong Kong Bars as Ban Begins

Sanchez Wang and Nicholas Olczak, Bloomberg

Hong Kong smokers will be squeezed out of the city’s bars and clubs when a tobacco ban takes effect at midnight after the government rejected pleas for further reprieve, saying owners have had enough time to prepare.

“It’s time for the smokers to think about quitting,” said Ronald Lam, head of the Department of Health’s Tobacco Control Office. “The key message is that the government is working with the community to push for a smoke-free society.”

The ban aligns Hong Kong with much of the European Union, the U.S. and Australia, which have all acted to protect workers from tobacco smoke. While the city banned smoking in offices and at beaches, parks and shopping malls in 2007, more than 1,000 pubs, nightclubs and mahjong halls were granted temporary exemptions, which expire tomorrow.

“It’s 2 1/2 years overdue,” said James Middleton, chairman of Hong Kong anti-tobacco pressure group Clear the Air. “Health of the workers must always come before business profits.”

Under the law, smoking is barred in places that have a canopy, be it a ceiling or roof, and any space where at least half the area is enclosed. One way for bar patrons to smoke is to do so on the street outside.

Preventable Deaths

Smoking is the biggest preventable cause of death and claims 4.9 million lives a year globally, according to the World Health Organization. The habit is also the leading cause of illness and premature deaths in Hong Kong, according to a statement on the Tobacco Control Office’s Web site. An estimated 5,500 deaths a year result from smoking, the agency said.

Some bar owners had sought an extension of the exemptions because they are already smarting from slowing business. Visitor arrivals last month fell the most since the 2003 SARS epidemic, due to the global recession and concerns about swine flu, while unemployment is at a four-year high of 5.3 percent.

“There is a worry,” said Anima Lamarre-Delafoulhouse, the managing director of Makumba African Bar and Lounge in the SoHo district. “It’s a difficult time for business, but if the government doesn’t understand that, it’s really tough.”

In the U.K., where legislation was also introduced in 2007, beer consumption fell 5.5 percent last year, hurting profit at brewers including Heineken NV.

‘Smoke Less’

“It does make you smoke a lot less,” said Mike Norton, who arrived in Hong Kong from Britain in February. “In the U.K., it very quickly became completely socially unacceptable” to smoke in bars. Still, he said he had no plan to give up, but would look for bars with easy access to the street.

“The challenge is to adapt to changing circumstances,” said Neil Williams, a spokesman for the British Beer and Pub Association in London. “Certainly you do hear from people who would like to see a change, but that’s not something realistic.”

The toughest part of Hong Kong’s anti-smoking drive may be its implementation. In Austria, a new law mandated that restaurants, bars and nightclubs larger than 80 square meters had to introduce separate smoking and non-smoking areas. By May 2009, Vienna declared the law ineffective, due to poor controls. Greece is making its third attempt in a decade to rein in smokers, after smokers ignored two earlier bans.

Policing the Law

Hong Kong’s government is relying on fewer than 100 inspectors to police the law, which allows for a fine of up to HK$5,000 ($643) for smokers. From Sept. 1, offenders will also be fined HK$1,500 on the spot. There are no sanctions for owners or managers who allow customers to flout the rules.

Faced with the global trend toward prohibition, some bar owners have already made the move.

“Initially it was very hard,” said Toby Cooper, who banned smoking at his British style pub in Central two years ago. “I lost many regular customers. But I also got the ones who appreciated the smoking ban. The most difficult time has gone.”

Some tobacco outlets are even anticipating a gain from the new rules.

Benson Tse, general manager of Cigarro Club, a members-only cigar store Queen’s Road Central, said he’s planning to open another club in nearby Causeway Bay.

The law allows “tasting rooms,” so long as they have independent ventilation and no serving employees.

“We see more customers coming to our club because they can’t smoke anywhere,” he said. “We expect a 10 to 15 percent increase in product sales.”

Saudi anti-smoking campaign stirs controversy with promise to help men with wedding expenses

Donna Abu-Nasr, Los Angeles Times

Cars pass under a banner that carries the slogan, “Kicking the habit is on you, and marriage is on us.” in Riyadh, Saudi Arabia, Sunday, June 28, 2009. The slogan refers to an anti-smoking campaign that will reward 20 young grooms who successfully complete a rehabilitation program to quit smoking with furniture for their homes. Hundreds of men have applied, but some have objected to the campaign because they feel it demeans women.

The catchy slogan, “Kicking the habit is on you, and marriage is on us,” is meant to entice young grooms to give up smoking by offering an attractive incentive.

And, indeed, hundreds have expressed interest in the first anti-smoking drive of its kind in the kingdom, with one man saying he is ready to take up smoking just to be eligible for the grand prize — an all-expenses-paid wedding.

In much of the Arab world, the groom alone bears the cost of getting married, including an expensive party, a dowry and a fully furnished house. Men often put off marriage until they’ve saved enough money to take a bride.

Several commentators have complained that the campaign is turning women into a commodity, but organizers have taken the criticism in stride, saying they’re thrilled to get people talking about the dangers of smoking. About one quarter of Saudi Arabia’s 27.6 million residents indulge.

Since June 20, banners have gone up on overpasses and bridges over the Saudi capital’s major highways, depicting the campaign slogan in pink and reddish brown. Next to it are the faceless outlines of a bride, dressed in white and carrying a bouquet of flowers, and of a man wearing a black, ceremonial cloak over his white thobe, the traditional robe Saudi men wear.

The quit-smoking-drive is also being advertised in malls, at universities and in magazines.

The organizer, a local charity called Purity, stipulates that the marriage is the man’s first and that he has a recent marriage contract. In Islam, the contract is usually signed before a couple moves in together.

A draw on Aug. 6 will include the names of the men who successfully quit smoking in a weeklong course. The winner will have all wedding expenses paid while 20 runners-up will get free furniture.

Sulaiman al-Soby, secretary general of Purity, said the aim is to create a smoke-free family. One-third of Saudi school children live in homes with smokers, according to a 2007 health survey.

Al-Soby said he expects thousands to take part in the campaign, which only covers the capital Riyadh, a metropolis of 5 million.

Ali al-Abdullah, originally from Yemen, said he wouldn’t have attempted to quit without the new incentive. The 22-year-old, who is engaged to his cousin, smokes a pack-and-a-half a day, “two when I have problems.”

Salem al-Majdali, a spokesman for the charity, said hundreds of men have already applied or called to get more information.

One was the nonsmoker who wanted to take up smoking.

Another wanted to know if the charity also provides the bride. “‘Do we get to choose from a bride lineup?'” al-Majdali said, quoting the caller.

Across the Arab world, economic barriers to getting married have prompted charities to jump in. From Gaza to Syria, Islamic groups have arranged mass weddings, to cut down on costs. In Egypt, an Islamic charity affiliated with the ruling party and a pro-government newspaper have provided furniture and appliances to young couples, in addition to collective parties.

In Saudi Arabia, the anti-smoking drive has also attracted criticism.

Some have rejected the link between smoking and what they consider a holy union. Others wanted to know how Purity could start the campaign without the religious blessings of clerics.

Columnist Maha al-Hujailan said the concept is sexist.

“The campaign stems from an idea directed at male smokers: ‘Give up having fun with a cigarette and take a woman instead,'” she wrote in the Al-Watan newspaper Sunday.

Another commentator, Suzan al-Mashhady, noted that Arabs have criticized the West for using women to promote merchandise. “Today, we’re using … the same two-in-one method adopted by a hair product that promises to clean the hair and condition it at the same time,” she wrote in the Al-Hayat newspaper.

Al-Majdali said many have misunderstood the slogan.

“Did we say we’re offering a woman?” he said.

“In any case, the fact that people are discussing the campaign means we have fulfilled our goal of spreading the word about it,” he added.

CTA quoted in Bloomberg article

Bloomberg

Hong Kong smokers will be squeezed out of the city’s bars and clubs when a tobacco ban takes effect at midnight after the government rejected pleas for further reprieve, saying owners have had enough time to prepare.

“It’s time for the smokers to think about quitting,” said Ronald Lam, head of the Department of Health’s Tobacco Control Office. “The key message is that the government is working with the community to push for a smoke-free society.”

The ban aligns Hong Kong with much of the European Union, the United States and Australia, which have all acted to protect workers from tobacco smoke.

While the city banned smoking in offices and at beaches, parks and shopping malls in 2007, more than 1,000 pubs, nightclubs and mahjong halls were granted temporary exemptions, which expire tomorrow.

“It’s 2 1/2 years overdue,” said James Middleton, chairman of Hong Kong anti tobacco pressure group Clear the Air. “Health of the workers must always come before business profits.”


Under the law, smoking is barred in places that have a canopy, be it a ceiling or roof, and any space where at least half the area is enclosed. One way for bar patrons to smoke is to do so on the street outside.

Smoking is the biggest preventable cause of death and claims 4.9 million lives a year globally, according to the World Health Organization. The habit is also the leading cause of illness and premature deaths in Hong Kong, according to a statement on the Tobacco Control Office’s web site. An estimated 5,500 deaths a year result from smoking, the agency said.

Some bar owners had sought an extension of the exemptions because they are already smarting from slowing business. Visitor arrivals last month fell the most since the 2003 SARS epidemic, due to the global recession and concerns about swine flu, while unemployment is at a four-year high of 5.3 percent.

“There is a worry,” said Anima Lamarre-Delafoulhouse, the managing director of Makumba African Bar and Lounge in the SoHo district. “It’s a difficult time for business, but if the government doesn’t understand that, it’s really tough.”

In the UK, where legislation was also introduced in 2007, beer consumption fell 5.5 percent last year, hurting profit at brewers including Heineken NV.

“It does make you smoke a lot less,” said Mike Norton, who arrived in Hong Kong from Britain in February. “In the UK, it very quickly became completely socially unacceptable” to smoke in bars. Still, he said he had no plan to give up, but would look for bars with easy access to the street.

“The challenge is to adapt to changing circumstances,” said Neil Williams, a spokesman for the British Beer and Pub Association in London. “Certainly you do hear from people who would like to see a change, but that’s not something realistic.”

The toughest part of Hong Kong’s antismoking drive may be its implementation. In Austria, a new law mandated that restaurants, bars and nightclubs larger than 80 square meters had to introduce separate smoking and non-smoking areas. By May 2009, Vienna declared the law ineffective, due to poor controls. Greece is making its third attempt in a decade to rein in smokers, after smokers ignored two earlier bans.

Hong Kong’s government is relying on fewer than 100 inspectors to police the law, which allows for a fine of up to HK$5,000 ($643) for smokers. From September 1, offenders will also be fined HK$1,500 on the spot. There are no sanctions for owners or managers who allow customers to flout the rules.


Faced with the global trend toward prohibition, some bar owners have already made the move.

“Initially it was very hard,” said Toby Cooper, who banned smoking at his British-style pub in Central two years ago.

“I lost many regular customers. But I also got the ones who appreciated the smoking ban. The most difficult time has gone.”

Some tobacco outlets are even anticipating a gain from the new rules.

Benson Tse, general manager of Cigarro Club, a members-only cigar store Queen’s Road Central, said he’s planning to open another club in nearby Causeway Bay.

The law allows “tasting rooms,” so long as they have independent ventilation and no serving employees.

“We see more customers coming to our club because they can’t smoke anywhere,” he said. “We expect a 10 to 15 percent increase in product sales.”

(Bloomberg)