March 10th, 2016:

http://www.info.gov.hk/gia/general/201603/10/P201603090732.htm

The following is issued on behalf of the Office of The Ombudsman:

The Ombudsman, Ms Connie Lau, announced today (March 10) a direct investigation into the mechanism of the Food and Health Bureau (FHB) and the Department of Health (DH) for handling smoking offences to examine whether there are any inadequacies.

There have been media reports and public complaints lodged with the Office of The Ombudsman about the Government’s ineffectiveness in combating smoking in prohibited places, rendering the smoking ban in some no-smoking areas practically useless. As a result, the public continue to suffer from the nuisance of second-hand smoke. In a number of complaints, the DH is criticised for failing to respond quickly or deploy plain-clothes officers to conduct inspections. Some complainants are also dissatisfied that other relevant departments have failed to co-operate with the Tobacco Control Office under the DH and support its enforcement actions.

A preliminary inquiry by the Office has revealed that the FHB and the DH, which is under the FHB’s policy overview, have put in place a mechanism for carrying out inspections in no-smoking areas and instituting prosecutions. They have also worked together with other statutory authorities (including the Food and Environmental Hygiene Department, the Leisure and Cultural Services Department, the Housing Department and the Police Force) in tobacco control. However, the violation of the smoking ban in some no-smoking areas remains serious and many locations have become persistent black spots. This situation calls into question the adequacy of the existing mechanism.

Ms Lau said, “The Government’s current tobacco control policy aims at encouraging people to quit smoking and minimising the risks caused by second-hand smoke to the public. The designation of no-smoking areas is an integral part of that policy. If the purpose of no-smoking areas is defeated by ineffective enforcement, it would mean a failure to discharge the duty of safeguarding public health and thus a disappointment to the public.”

The ambit of this direct investigation includes:

(1) whether the mechanism of the FHB and the DH for handling smoking offences is effective;

(2) how the FHB and the DH co-ordinate their efforts with other statutory authorities in tobacco control; and

(3) areas for improvement and enhancement.

The Ombudsman welcomes views from the public on the above subject. Comments in writing should reach the Office of The Ombudsman by April 14, 2016:

Address: 30/F, China Merchants Tower, Shun Tak Centre
168-200 Connaught Road Central, Hong Kong
Fax: 2882 8149
Email: complaints@ombudsman.hk
Ends/Thursday, March 10, 2016
Issued at HKT 11:00

http://news.rthk.hk/rthk/en/component/k2/1247567-20160310.htm

The Ombudsman on Thursday launched an investigation into the handling of smoking offences in prohibited areas by the Food and Health Bureau and the Department of Health.

The watchdog said it is aware of media reports and public complaints about ineffective implementation of smoking ban in some places.

The complaints had to do with the Department of Health’s failure to respond quickly or deploy plain-clothes officers to conduct inspections. Other statutory authorities, such as the Food and Environmental Hygiene Department, the Leisure and Cultural Services Department and the police also came under fire for failing to co-operate with the Tobacco Control Office.

As a result, many people continue to be subjected to second-hand smoke.

The Ombudsman, Connie Lau, said the shortcomings call into question the efficiency of the government’s overall tobacco control policy.