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SCMP Cartoon on Smoking Ban

SCMP

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Many feel free to flout smoke ban

Amy Nip, Austin Chiu, Dan Kadison and Peter So – SCMP

Some venue operators turn a blind eye, while others help smokers bend the rules

Patrons of bars and entertainment venues are flouting the ban on smoking in such places a month after it took effect, with some operators saying they can’t stop them from doing so and others apparently providing ways for them to bend the rules.

While venues in popular entertainment areas open to the street are mostly smoke-free, the haze gets thicker in upstairs pubs and places away from busy tourist locations.

Operators of traditionally smoke-filled mahjong parlours in particular say they have a tough time persuading customers not to light up.

“We are stuck between the customers and the government. We are the men in the middle,” Hui Chak-man, manager of Sham Shui Po Ho Kong Mahjong, said, adding he had given up trying to stop customers smoking after fruitless attempts.

“Now I only remind them about the consequence of smoking and say `you might want to go to the back alley’,” he said, referring to a fixed fine of HK$1,500 for people caught smoking or carrying a lit cigarette, cigar or pipe in no-smoking areas that will come into effect in September. “If they don’t listen, I will just let them be – I have fulfilled my duty.”

Of 210 complaints received and 15 summonses issued by the Health Department’s Tobacco Control Office since July 1, 112 complaints and 15 summonses related to mahjong parlours. In addition, 20 complaints and four summonses went to designated mahjong rooms in clubs.

The office received 68 complaints and issued three summonses for offences in bars. Massage centres and bathhouses followed, with nine and one complaints respectively.

The manager of the Tung Cheuk Association mahjong parlour in Tsim Sha Tsui, Peter Wong, said he could not afford to lose his customers. “But at the same time I can’t do them a favour by offering ashtrays now. What we can do is place a bucket outside our shop in the corridor of the shopping mall. What they do out there is none of our business.”

Post reporters found smoking pub-goers in Causeway Bay were moving upstairs to dodge inspectors. They also noticed that the farther away the bars were from the busiest streets and tourist areas, the more customers were breaking the ban.

In Lan Kwai Fong, no customers were seen smoking in bars or clubs on the ground floor. But a table in the front of a bar in Wyndham Street had one end sticking out into the street with an ashtray on it.

Drinkers said they had seen people smoking inside and facing outside and using the ashtray.

At another pub on the same street in Central, once known for its hookahs, or water-pipes, customers were sitting inside the shop smoking a hookah on a table top, half of which was also outdoors. But the operators said they no longer provided the devices and customers had brought the hookah and moved the table themselves.

As the clock ticked past 1am, two men were seen smoking at a bar in SoHo, Central.

When asked why smoking was allowed, the bartender said: “We officially close at 1am. They were the only customers left so I let them smoke. Before 1am, no smoking is allowed.”

The smoking customers said they were not worried by the smoking ban and had no intention of refraining from smoking in bars. But they said they usually avoided ground-floor venues and instead visited upstairs bars, where they were less likely to be caught.

A check of the strip of trendy bars along Knutsford Terrace in Tsim Sha Tsui found most people were complying with the ban and lighting up in outdoor seating areas.

Only one person was seen smoking inside. He entered a bar with a lit cigarette and took a quick puff as he made a beeline for the washroom.

Medical sector legislator Leung Ka-lau was not sure if fewer people smoked after the ban. Nevertheless, he reminded smokers that they faced a higher risk than non-smokers of sudden death from heart attack.

High-rise pubs a draw for sneaky smokers

Amy Nip, Austin Chiu and Dan Kadison – SCMP

Smoke rises, and these days so do smokers.

As the month-old ban on smoking in all indoor entertainment venues takes hold at street level, smokers are moving to upstairs premises where managers either turn a blind eye or have given up trying to stop their patrons lighting up.

Pub checks by South China Morning Post reporters this week has found few people dare to smoke in bars on the ground floor in Central and Tsim Sha Tsui. But upstairs – including one high-rise building in Causeway Bay that has several pubs – it is a different story.

On Wednesday night, a handful of customers were seen smoking as they drank at one of the upper floor pubs where ashtrays were available.

Asked why smoking was allowed, the manager, who identified himself as Jaime, said staff could do little if customers insisted on smoking.

“We tried to advise regular customers not to smoke when the smoking ban came into force. But it was hard for us to keep pestering them … so if they don’t listen to us we give up,” he said, adding that ashtrays were not put out on tables but could be picked up from the bar.

The scene was similar at two other pubs on upper floors of the building.

“It is safe to smoke at upstairs bars, especially those high up in the building,” customer Man Cheung said. “The security guard on the ground usually tips off bar owners when Tobacco Control Officers arrive. Bars on first and second floors may not have enough time to act but those on higher floors are able to ask their customers to stub their cigarettes and take away the ashtrays.”

The ban is being felt elsewhere though, with operators saying more than 30 bars could close soon because of lost business. Massage centres say business has dropped by half and mahjong parlours report a drop of up to 40 per cent.

Legal Responsibility of Bars and Nightclubs Owner

SCMP

Hong Kong is a world leader in environmental foot-dragging. From our toxic air to our mildly poisonous seas, we struggle to move our environmental-protection laws towards international standards. And that’s before you even talk about the environmental damage that is deliberately caused, such as the endless pouring of concrete into our country parks.

But there is one area in which Hong Kong seems to have been successful. In one short week we have managed to reduce substantially the number of plastic bags handed out in the city. I imagine that there are one or two people who aren’t in favour of reducing this environmental scourge, but that’s perhaps because none of these critics have accidentally inhaled one while swimming at Shek O.

In any case, our ingenious method of controlling the distribution of plastic bags is that if you want one at the supermarket you now have to pay for it. Some sources have estimated that this has resulted in an 85 per cent reduction in their use. I would guess that the average cost of my shopping at Wellcome or ParknShop is about HK$200 per visit. If I need three plastic bags to hold everything, I am looking at 0.75 per cent added to my bill. It has only been a bit more than a week, but I can guarantee that I have never and I will never pay that extra 0.75 per cent for the convenience of not having to stuff my briefcase full of mangoes or risk derision from my colleagues by carrying around a canvas bag.

And for one last comparison, look at the impact of the smoking ban. Under the rules, a smoker lighting up in the wrong place can potentially be fined HK$5,000. It’s no longer legal to smoke in bars and nightclubs and places like that, but it’s not the owner who gets fined, it’s the smokers themselves. Strangely, the owners don’t seem to have any legal responsibility at all.

A quick stroll through Lan Kwai Fong in the evening will reveal that there are plenty of smokers ready to risk the HK$5,000 fine to have the luxury of slowly poisoning themselves to death in a public area. But these same smokers can also be seen sporting environmentally friendly shopping bags when buying their air fresheners and anti-stain toothpaste.

When investing, we are all ready to give away the certainty of a small amount of money in favour of the possibility of some larger amount. But even the biggest risk-taker, who is prepared to lose hundreds of thousands of dollars on investment ideas or who will happily accept the near certainty of death from smoking, isn’t going to forgo that  50 cents at the supermarket.

Contact Alan Alanson at alan@alanalanson.com