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Smoke-Free Policy Legislation Failure

The Editor
Talkback
South China Morning Post

Dear Sir

Paul Surtees (Talkback 31 Dec) provides an excellent summary of the frank failure of the current smoke-free policy legislation to protect large numbers of people from tobacco smoke. The catering industry ,while not fully supportive of the policy, did ask the government to at least give them a level playing field. They didn’t get it and since then the Department of Health has expended considerable resources trying to deal with manoeuvres to by-pass the legislation.

One way of doing this is simply to change the venue’s name to include the word “bar”. Others pretend they can be non-smoking at certain hours of the day or days of the week when they want to attract different clientele, including families and offer children’s menus. At the same time they defend their exempted status with spurious arguments about the proportion of their revenue from alcohol sales. All this is understandable given the vagaries of the Bill and the unequal constraints placed on their ability to compete for custom.

The government will privately argue that covert deals with vested interests were needed to push through the tobacco control Bill. In doing so they abrogated their duty of care to the workforce and with over 1300 exemptions subjected thousands of workers to irreversible harm to their heart and lung function. The government ignored the overwhelming global evidence that second-hand smoke kills and that comprehensive smoke free policies ultimately benefit the hospitality sector.

Paul Surtees rightly looks to make the policy more effective, but the government is now looking at proposals by The Hon. Tommy Cheung Yu Yan and British American Tobacco to create smoking rooms in catering venues. Nothing could be more
damaging to the industry, workers, patrons and the health care system of Hong Kong.

Anthony Hedley
School of Public Health
University of Hong Kong

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