Cap 200 section 160 (3)
Secondhand cigarette smoke is at least 4 times more toxic than mainstream smoke and proven to kill people.
1,324 people die from passive smoking (HKU report) each year here. With the extension of the law many smokers will now block entrances to buildings, restaurants and bars etc after July 1st in order to smoke. The Administration has chosen not to follow sensible overseas laws which ban smoking within a set distance of entrances to offices, bars, restaurants etc. Most people have the knowledge that secondhand tobacco smoke kills and causes serious illnesses ; any person therefore concerned for their safety and well being ofthemselves, their children and others who might be affected by persons loitering in public spaces and smoking near entrances that they might wish to use to enter premises or even to pass by, have reason to fear for their well being, and those persons smoking would seem prima facie to be in breach of Cap 200 S160 (c).
CRIMES ORDINANCE Cap 220 – SECT 160
Loitering
PART XIII
MISCELLANEOUS OFFENCES
(1) A person who loiters in a public place or in the common parts of any
building with intent to commit an arrestable offence commits an offence and is liable to a fine of $10000 and to imprisonment for 6 months. (Replaced 74 of 1992 s. 3)
(2) Any person who loiters in a public place or in the common parts of any building and in any way wilfully obstructs any person using that place or the common parts of that building, shall be guilty of an offence and shall be liable on conviction to imprisonment for 6 months.
(3) If any person loiters in a public place or in the common parts of any building and his presence there, either alone or with others, causes any person reasonably to be concerned for his safety or well-being, he shall be guilty of an offence and shall be liable on conviction to imprisonment for 2 years.
(4) In this section “common parts” (公用部分), in relation to a building,
means-
(a) any entrance hall, lobby, passageway, corridor, staircase, landing, rooftop, lift or escalator;
(b) any cellar, toilet, water closet, wash house, bath-house or kitchen which is in common use by the occupiers of the building;
(c) any compound, garage, carpark, car port or lane. (Added 37 of 1979 s. 2)
“common parts” (公用部分)