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Enforcers pleased with smoke ban compliance

Dan Kadison – SCMP

Most smokers are complying with the final phase of the smoking ban – and a new measure will soon provide a strong deterrent to those considering lighting up in prohibited places, a top law enforcement official says.

On September 1, the Fixed Penalty (Smoking Offences) Ordinance will go into effect, giving tobacco control inspectors, police and at least 1,000 government employees the power to issue fixed HK$1,500 tickets to those who puff away in smoke-free spots.

“A fixed-penalty ticket is quite, quite costly… We’re talking HK$1,500. It’s an expensive ticket,” said Chief Inspector Roger L.S. Mui, who has been working with the Tobacco Control Office since December. “People will think before they smoke in a non-smoking area.”

At present, 85 tobacco control inspectors issue summonses to law-breakers in smoke-free venues. Each summons carried a possible penalty of up to HK$5,000, but the actual fine imposed by the courts had averaged “around HK$500 to HK$1,000″, Chief Inspector Mui said.

Under the new ordinance, the summons scheme will be dropped and hundreds of “designated officers” from the departments of food and environmental hygiene, leisure and cultural services, and housing will be empowered to issue fixed-penalty tickets “in public venues under their management”, a Department of Health spokesman said.

Tobacco control inspectors have issued more than 14,000 summonses since January last year, when smoking became illegal in restaurants, workplaces and indoor public areas.

Bars, nightclubs, mahjong parlours, karaokes, massage venues and bathhouses lost their exemptions on July 1 – and, overall, the final phase of the ban was “working well”, Chief Inspector Mui said. People were following the law and venue operators were being “very co-operative”.

Health Department figures show 310 complaints were made about smoking in venues covered by the final phase and 45 summonses were issued by tobacco control investigators up to last Monday.

Chief Inspector Mui said publicity and education about the switch to fixed-penalty tickets, along with the wider net of enforcement, would further deter smokers. In the meantime, he said, ticket issuers had been trained and were ready to enforce the new ordinance. They had received instruction from Tobacco Control Office staff and police, who have been seconded to the office to train inspectors since 2005.

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