EXTENSION OF ANTI SMOKING LAWS IN HONG KONG – JULY 1ST 2009
as you are no doubt aware from July 1st 2009 all smoking exemptions in Hong Kong are revoked.
It will be illegal from midnight on June 30th to smoke in any workplace including restaurants, bars, night clubs, mahjong rooms, karaokes, saunas etc.
It is expected that some smokers will give up smoking as a result of the new legislation commencement ; however it seems also obvious that many smokers will step out of premises and smoke in the street near to office, pub, restaurant etc entrances.
The Hong Kong Government has not followed overseas laws which
a) place the onus on licensees to enforce non smoking in their premises and to lose their liquor licence if they default
b) ban smoking within a set distance (varies by country between 3 meters and 10 meters) of an office
bar, hospital, school, park , pub , restaurant or other workplace entrance
Accordingly we must currently operate to prevent this situation by using existing Hong Kong laws until we can lobby for better ones to suit these circumstances.
Below please find Clear the Air’s interpretation of Hong Kong laws and how they can be applied
Cap 200 section 160 (3)
Secondhand cigarette smoke is at least 4 times more toxic than mainstream smoke and proven to kill people. (see attached reports)
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)
Non compliant licensees
The Hong Kong Government does not under Cap 371 put the onus on the licensees of premises previously exempted under the ‘Qualified Establishment’ smoking ban deferment or on other licensees to enforce the prevention of smoking in their premises.
However under the Liquor Licence licensing conditions Annex VI paragraph 7 it states:
“7. The licensee shall not permit any person to occupy or use any portion of the premises for any immoral or illegal purpose.”
It therefore seems reasonable to hold that any licensee allowing the liquor licensed premises to be used for the illegal purpose of smoking from July 1st 2009 commits a breach of his / her liquor licensing conditions (attached below).
The Hong Kong Police are the authority which usually inspects premises for breaches of liquor licensing conditions.
Annex VI
Licensing Conditions for Liquor Licence
1. No disorder shall be permitted on the premises.
2. No person shall be allowed to become drunk on the premises, nor shall liquor be supplied to any person who is drunk.
3. No games of chance shall be played on the premises.
4. The licensee shall personally supervise the premises.
5. The licensee shall display a warning notice at a conspicuous place inside the premises containing the words “NO LIQUOR FOR PERSON UNDER THE AGE OF 18”. In the said notice, the size of each Chinese character shall not be less than 3 cm (height) x 3 cm (width) and the size of each English letter shall not be less than 2 cm (height) x 2 cm (width).
6. The licensee shall exhibit and keep exhibited a notice denoting its licensed status provided by the Board at the main entrance of the premises.
7. The licensee shall not permit any person to occupy or use any portion of the premises for any immoral or illegal purpose.
8. The licensee shall not permit any common prostitutes or reputed thieves to assemble or remain on the premises.
9. The licensee shall not permit drunkenness, or violence, quarrel or other disorderly conduct on the premises and shall not permit persons of known bad character to assemble and remain on the premises.
10. The name of any liquor for which a standard of quality is prescribed by regulations shall be clearly marked on the container in or from which the liquor is supplied to any customers.
11. No bar business shall be operated on the premises, except with the permission of the Board endorsed herein.
12. No dancing shall be permitted on the premises, except with the permission of the Board endorsed herein.
13. Toilets shall be maintained in a state of cleanliness and good repair for the use of customers
http://www.bmj.com/cgi/content/abstract/338/feb12_2/b462
Exposure to secondhand smoke and cognitive impairment in non-smokers: national cross sectional study with cotinine measurement
Conclusions Exposure to secondhand smoke may be associated with increased odds of cognitive impairment. Prospective nationallyrepresentative studies relating biomarkers of exposure to cognitive decline and risk of dementia are needed.
WHAT YOU CAN DO IF YOU SEE PEOPLE SMOKING OR CARRYING A LIT TOBACCO PRODUCT ILLEGALLY IN ANY PREMISES:
– USE YOUR PHONE CAMERA TO TAKE A PICTURE OF THE INCIDENT – A PICTURE IS WORTH A THOUSAND WORDS
– REPORT THE INCIDENT TO THE PREMISES’ LICENSEE
– REPORT THE INCIDENT TO TOBACCO CONTROL (TCO) AND ADVISE THEM WHETHER THE LICENSEE TOOK ACTION OR NOT – THEY WILL ASK YOU WHETHER YOU ARE WILLING TO TESTIFY IN COURT IF REQUIRED. TCO WILL PROBABLY VISIT THE PREMISES WITHIN THE WEEK OR IN CONJUNCTION WITH OTHER RAIDS
– REPORT THE INCIDENT TO THE POLICE STATION IN THE AREA WHERE THE LICENSED PREMISES IS LOCATED AND CONSIDER A COMPLAINT THAT THE LICENSEE IS IN BREACH OF LICENSING CONDITION 7 OF HIS LIQUOR LICENCE CONDITIONS. THIS WILL REQUIRE THE POLICE STATION LICENSING OFFICER TO OPEN A LOOSE MINUTE FILE AND INSPECT THE PREMISES.
– IF YOU SEE PEOPLE SMOKING OUTSIDE ENTRANCES OF PUBS AND RESTAURANTS CONSIDER A REPORT UNDER CAP 200 SECTION 160 ( 3)TO THE POLICE STATION IN THE AREA WHERE THE PREMISES IS LOCATED.
– IF YOU SEE TABLES AND CHAIRS ON THE PAVEMENT OUTSIDE LICENSED PREMISES TO CATER FOR SMOKERS THIS IS AN OBSTRUCTION UNDER THE SUMMARY OFFENCES ORDINANCE AND CAN BE REPORTED TO THE POLICE
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Address : |
Tobacco Control Office |
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Telephone : |
2961 8823 |
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Facsimile : |
2575 8944 |
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Email: |
SO WHERE CAN PEOPLE STILL LEGALLY SMOKE IN ENTERTAINMENT PREMISES ?
OSA (outside seating accommodation ) patio areas of bars and restaurants as long as they are not 50% or more enclosed on the sides and have a roof. The roof can be parasols covering tables or a moveable cloth roof as well as a standard roof. The premises must have a valid OSA licence and this can be searched on the FEHD website.