Clear The Air News Tobacco Blog Rotating Header Image

July 1st, 2009:

Smoking ban comes into force

http://www.times-series.co.uk/news/1511465.print/

Smokers across south London sparked up at work and in the pub for the last time yesterday as the ban on smoking in enclosed public places begins today.

The new law, which came into effect at six o’clock this morning, is intended to stop people breathing in second-hand smoke.

Scotland, Wales and Northern Ireland already have similar bans in place.

Many venues held farewell events for the final night of smoking on Saturday, while local authorities are preparing to enforce the ban with enforcement officers patrolling the boroughs handing out fines.

The new law means that anyone caught lighting up illegally could be fined £50 – which could be reduced to £30 if it is paid within 15 days. The figure rises to £200 if an individual is prosecuted and convicted by a court.

Businesses failing to comply with the ban could be hit with fines of up to £2,500.

A legal challenge to the ban has been launched at the High Court by Freedom To Choose, which says the change in the law contravenes the European Convention on Human Rights.

Many pubs and bars have been worried about a decline in sales following the ban but a survey by the Campaign for Real Ale suggested England’s 6.2 million regular drinkers are likely to go out to pubs and bars more often after the ban.

Its study also found that 840,000 people who currently do not go to the pub said they would do so after smoking was made illegal.

How did you celebrate you last cigarette in a public place? Let us know by writing your comments below.

Smokers Snuff Out in Hong Kong Bars as Ban Begins

Sanchez Wang and Nicholas Olczak, Bloomberg

Hong Kong smokers will be squeezed out of the city’s bars and clubs when a tobacco ban takes effect at midnight after the government rejected pleas for further reprieve, saying owners have had enough time to prepare.

“It’s time for the smokers to think about quitting,” said Ronald Lam, head of the Department of Health’s Tobacco Control Office. “The key message is that the government is working with the community to push for a smoke-free society.”

The ban aligns Hong Kong with much of the European Union, the U.S. and Australia, which have all acted to protect workers from tobacco smoke. While the city banned smoking in offices and at beaches, parks and shopping malls in 2007, more than 1,000 pubs, nightclubs and mahjong halls were granted temporary exemptions, which expire tomorrow.

“It’s 2 1/2 years overdue,” said James Middleton, chairman of Hong Kong anti-tobacco pressure group Clear the Air. “Health of the workers must always come before business profits.”

Under the law, smoking is barred in places that have a canopy, be it a ceiling or roof, and any space where at least half the area is enclosed. One way for bar patrons to smoke is to do so on the street outside.

Preventable Deaths

Smoking is the biggest preventable cause of death and claims 4.9 million lives a year globally, according to the World Health Organization. The habit is also the leading cause of illness and premature deaths in Hong Kong, according to a statement on the Tobacco Control Office’s Web site. An estimated 5,500 deaths a year result from smoking, the agency said.

Some bar owners had sought an extension of the exemptions because they are already smarting from slowing business. Visitor arrivals last month fell the most since the 2003 SARS epidemic, due to the global recession and concerns about swine flu, while unemployment is at a four-year high of 5.3 percent.

“There is a worry,” said Anima Lamarre-Delafoulhouse, the managing director of Makumba African Bar and Lounge in the SoHo district. “It’s a difficult time for business, but if the government doesn’t understand that, it’s really tough.”

In the U.K., where legislation was also introduced in 2007, beer consumption fell 5.5 percent last year, hurting profit at brewers including Heineken NV.

‘Smoke Less’

“It does make you smoke a lot less,” said Mike Norton, who arrived in Hong Kong from Britain in February. “In the U.K., it very quickly became completely socially unacceptable” to smoke in bars. Still, he said he had no plan to give up, but would look for bars with easy access to the street.

“The challenge is to adapt to changing circumstances,” said Neil Williams, a spokesman for the British Beer and Pub Association in London. “Certainly you do hear from people who would like to see a change, but that’s not something realistic.”

The toughest part of Hong Kong’s anti-smoking drive may be its implementation. In Austria, a new law mandated that restaurants, bars and nightclubs larger than 80 square meters had to introduce separate smoking and non-smoking areas. By May 2009, Vienna declared the law ineffective, due to poor controls. Greece is making its third attempt in a decade to rein in smokers, after smokers ignored two earlier bans.

Policing the Law

Hong Kong’s government is relying on fewer than 100 inspectors to police the law, which allows for a fine of up to HK$5,000 ($643) for smokers. From Sept. 1, offenders will also be fined HK$1,500 on the spot. There are no sanctions for owners or managers who allow customers to flout the rules.

Faced with the global trend toward prohibition, some bar owners have already made the move.

“Initially it was very hard,” said Toby Cooper, who banned smoking at his British style pub in Central two years ago. “I lost many regular customers. But I also got the ones who appreciated the smoking ban. The most difficult time has gone.”

Some tobacco outlets are even anticipating a gain from the new rules.

Benson Tse, general manager of Cigarro Club, a members-only cigar store Queen’s Road Central, said he’s planning to open another club in nearby Causeway Bay.

The law allows “tasting rooms,” so long as they have independent ventilation and no serving employees.

“We see more customers coming to our club because they can’t smoke anywhere,” he said. “We expect a 10 to 15 percent increase in product sales.”

Saudi anti-smoking campaign stirs controversy with promise to help men with wedding expenses

Donna Abu-Nasr, Los Angeles Times

Cars pass under a banner that carries the slogan, “Kicking the habit is on you, and marriage is on us.” in Riyadh, Saudi Arabia, Sunday, June 28, 2009. The slogan refers to an anti-smoking campaign that will reward 20 young grooms who successfully complete a rehabilitation program to quit smoking with furniture for their homes. Hundreds of men have applied, but some have objected to the campaign because they feel it demeans women.

The catchy slogan, “Kicking the habit is on you, and marriage is on us,” is meant to entice young grooms to give up smoking by offering an attractive incentive.

And, indeed, hundreds have expressed interest in the first anti-smoking drive of its kind in the kingdom, with one man saying he is ready to take up smoking just to be eligible for the grand prize — an all-expenses-paid wedding.

In much of the Arab world, the groom alone bears the cost of getting married, including an expensive party, a dowry and a fully furnished house. Men often put off marriage until they’ve saved enough money to take a bride.

Several commentators have complained that the campaign is turning women into a commodity, but organizers have taken the criticism in stride, saying they’re thrilled to get people talking about the dangers of smoking. About one quarter of Saudi Arabia’s 27.6 million residents indulge.

Since June 20, banners have gone up on overpasses and bridges over the Saudi capital’s major highways, depicting the campaign slogan in pink and reddish brown. Next to it are the faceless outlines of a bride, dressed in white and carrying a bouquet of flowers, and of a man wearing a black, ceremonial cloak over his white thobe, the traditional robe Saudi men wear.

The quit-smoking-drive is also being advertised in malls, at universities and in magazines.

The organizer, a local charity called Purity, stipulates that the marriage is the man’s first and that he has a recent marriage contract. In Islam, the contract is usually signed before a couple moves in together.

A draw on Aug. 6 will include the names of the men who successfully quit smoking in a weeklong course. The winner will have all wedding expenses paid while 20 runners-up will get free furniture.

Sulaiman al-Soby, secretary general of Purity, said the aim is to create a smoke-free family. One-third of Saudi school children live in homes with smokers, according to a 2007 health survey.

Al-Soby said he expects thousands to take part in the campaign, which only covers the capital Riyadh, a metropolis of 5 million.

Ali al-Abdullah, originally from Yemen, said he wouldn’t have attempted to quit without the new incentive. The 22-year-old, who is engaged to his cousin, smokes a pack-and-a-half a day, “two when I have problems.”

Salem al-Majdali, a spokesman for the charity, said hundreds of men have already applied or called to get more information.

One was the nonsmoker who wanted to take up smoking.

Another wanted to know if the charity also provides the bride. “‘Do we get to choose from a bride lineup?'” al-Majdali said, quoting the caller.

Across the Arab world, economic barriers to getting married have prompted charities to jump in. From Gaza to Syria, Islamic groups have arranged mass weddings, to cut down on costs. In Egypt, an Islamic charity affiliated with the ruling party and a pro-government newspaper have provided furniture and appliances to young couples, in addition to collective parties.

In Saudi Arabia, the anti-smoking drive has also attracted criticism.

Some have rejected the link between smoking and what they consider a holy union. Others wanted to know how Purity could start the campaign without the religious blessings of clerics.

Columnist Maha al-Hujailan said the concept is sexist.

“The campaign stems from an idea directed at male smokers: ‘Give up having fun with a cigarette and take a woman instead,'” she wrote in the Al-Watan newspaper Sunday.

Another commentator, Suzan al-Mashhady, noted that Arabs have criticized the West for using women to promote merchandise. “Today, we’re using … the same two-in-one method adopted by a hair product that promises to clean the hair and condition it at the same time,” she wrote in the Al-Hayat newspaper.

Al-Majdali said many have misunderstood the slogan.

“Did we say we’re offering a woman?” he said.

“In any case, the fact that people are discussing the campaign means we have fulfilled our goal of spreading the word about it,” he added.

CTA quoted in Bloomberg article

Bloomberg

Hong Kong smokers will be squeezed out of the city’s bars and clubs when a tobacco ban takes effect at midnight after the government rejected pleas for further reprieve, saying owners have had enough time to prepare.

“It’s time for the smokers to think about quitting,” said Ronald Lam, head of the Department of Health’s Tobacco Control Office. “The key message is that the government is working with the community to push for a smoke-free society.”

The ban aligns Hong Kong with much of the European Union, the United States and Australia, which have all acted to protect workers from tobacco smoke.

While the city banned smoking in offices and at beaches, parks and shopping malls in 2007, more than 1,000 pubs, nightclubs and mahjong halls were granted temporary exemptions, which expire tomorrow.

“It’s 2 1/2 years overdue,” said James Middleton, chairman of Hong Kong anti tobacco pressure group Clear the Air. “Health of the workers must always come before business profits.”


Under the law, smoking is barred in places that have a canopy, be it a ceiling or roof, and any space where at least half the area is enclosed. One way for bar patrons to smoke is to do so on the street outside.

Smoking is the biggest preventable cause of death and claims 4.9 million lives a year globally, according to the World Health Organization. The habit is also the leading cause of illness and premature deaths in Hong Kong, according to a statement on the Tobacco Control Office’s web site. An estimated 5,500 deaths a year result from smoking, the agency said.

Some bar owners had sought an extension of the exemptions because they are already smarting from slowing business. Visitor arrivals last month fell the most since the 2003 SARS epidemic, due to the global recession and concerns about swine flu, while unemployment is at a four-year high of 5.3 percent.

“There is a worry,” said Anima Lamarre-Delafoulhouse, the managing director of Makumba African Bar and Lounge in the SoHo district. “It’s a difficult time for business, but if the government doesn’t understand that, it’s really tough.”

In the UK, where legislation was also introduced in 2007, beer consumption fell 5.5 percent last year, hurting profit at brewers including Heineken NV.

“It does make you smoke a lot less,” said Mike Norton, who arrived in Hong Kong from Britain in February. “In the UK, it very quickly became completely socially unacceptable” to smoke in bars. Still, he said he had no plan to give up, but would look for bars with easy access to the street.

“The challenge is to adapt to changing circumstances,” said Neil Williams, a spokesman for the British Beer and Pub Association in London. “Certainly you do hear from people who would like to see a change, but that’s not something realistic.”

The toughest part of Hong Kong’s antismoking drive may be its implementation. In Austria, a new law mandated that restaurants, bars and nightclubs larger than 80 square meters had to introduce separate smoking and non-smoking areas. By May 2009, Vienna declared the law ineffective, due to poor controls. Greece is making its third attempt in a decade to rein in smokers, after smokers ignored two earlier bans.

Hong Kong’s government is relying on fewer than 100 inspectors to police the law, which allows for a fine of up to HK$5,000 ($643) for smokers. From September 1, offenders will also be fined HK$1,500 on the spot. There are no sanctions for owners or managers who allow customers to flout the rules.


Faced with the global trend toward prohibition, some bar owners have already made the move.

“Initially it was very hard,” said Toby Cooper, who banned smoking at his British-style pub in Central two years ago.

“I lost many regular customers. But I also got the ones who appreciated the smoking ban. The most difficult time has gone.”

Some tobacco outlets are even anticipating a gain from the new rules.

Benson Tse, general manager of Cigarro Club, a members-only cigar store Queen’s Road Central, said he’s planning to open another club in nearby Causeway Bay.

The law allows “tasting rooms,” so long as they have independent ventilation and no serving employees.

“We see more customers coming to our club because they can’t smoke anywhere,” he said. “We expect a 10 to 15 percent increase in product sales.”

(Bloomberg)


Smokers butt out in bars, clubs, mahjong and massage joints

Danny Mok and Dan Kadison, SCMP

Ashes to ashes. Smoking inside Hong Kong’s bars, nightclubs, clubs, mahjong parlours, massage establishments and bathhouses should now be just a hazy memory.

At midnight, it was the beginning of a new smoke-free era.

In Wan Chai, bars immediately began enforcing the law.

The air was clean inside Spicy Fingers, Mes Amis and the Bull and Bear pub. Ashtrays were pulled at Carnegie’s bar, a manager said. “If they still smoke inside, then they’ll be the one to get a fine,” he said. “All we can do is tell them [customers] not to smoke and take away the ashtrays.”

Offenders caught smoking in any venue where smoking is not allowed can be fined up to HK$5,000.

A smoking ban has been in place in most indoor and public areas since January 2007, although bars, nightclubs, bathhouses, mahjong rooms and massage parlours were granted an exemption until today.

All smokers interviewed early this morning took the ban in stride, but the day before people aired their mixed feelings.
Liz Tse turned 28 yesterday, and spent part of her birthday at Coyote Bar & Grill in Wan Chai with her younger sister and a friend. The ban “sucks”, she said. “Worst birthday gift ever. I don’t get the point. Smoking is legal, but smoking in a bar or restaurant is illegal. The concept is a little messed up.”

Almost all owners of late-night venues have said they will comply with the law, although some will not enforce the ban.
Back in Wan Chai yesterday, Oliver Wu, 50, was having a smoke and a beer at Joe Bananas. “They’re twins – cigarettes and beer,” said the toy manufacturer from Discovery Bay. “They’re like chopsticks – without one, what can we do?”

Hong Kong Tobacco Control Office head Ronald Lam Man-kin told the Post last week that more than 80 inspectors would work around the clock to investigate complaints from their hotline – 2961 8823. Only offenders caught smoking would receive summonses, he said.

Andrew Cameron, 44, gave up cigarettes six years ago. The property development company director was sitting at the bar at Carnegie’s and called smoking “a filthy habit”.

He made a toast to Hong Kong. “Here’s to a smoke-free future,” he said. “No more going home smelling like a dirty old ashtray.” He raised his beer, and drank to that.

Smoking ban must be properly enforced

SCMP

The blanket ban on smoking in indoor public places has finally taken full effect. After years of inaction and foot-dragging, Hong Kong has finally complied with World Health Organisation recommendations. There has been much debate about the legislation and there are still owners of entertainment establishments who believe it is not good for business. We have moved on from that discussion; it is now time to ensure that a law to protect community health is properly enforced.

The health risks of smoking and inhaling second-hand smoke are well documented. Mandatory warnings on cigarette packets tell of the diseases and cancers and vulnerability to illnesses. Studies show that only 100 per cent smoke-free environments offer adequate protection for employees and patrons. The law makes perfect sense.

Despite this, the owners of bars, nightclubs, mahjong parlours and the like have argued for, and won, exemptions and delays. Their media advertisements have warned of a loss of business and the possibility that they will have to lay off workers or close down. The economic crisis, swine flu and a smoking ban make for a troublesome combination, they say. There is no doubt that times are not good for such establishments and some will go under; it is wrong, though, to use the ban as an argument for more exemptions.

Restaurants were in the same position when the ban was imposed at the start of 2007. Many initially complained of a drop in income as smokers stayed away, but business returned to normal when people who did not smoke were attracted. The same has been the experience of cities the world over where smoking bans have been introduced. Bars have no reason to fear the law.

The legislation, unlike in many jurisdictions elsewhere, does not put the onus of enforcement on business owners. They do not face the possibility of loss of licence for non-compliance. The HK$1,500 fine to be paid within 21 days by people caught smoking – which in other public places attracts a HK$5,000 penalty – does not take effect for two months. No decision has yet been made on how to ensure non-residents caught breaking the law pay their fines. These are gaps that the government’s Tobacco Control Office has to do its utmost to deal with.

There will be teething problems. Only in coming weeks will we know whether there are enough enforcement officers. More education is necessary. The best means of dealing promptly with flagrant violators will have to be found. Introduction of the ban is not the end of the matter. It is just another step in a process that has to be strengthened to wean smokers off their habit and convince others not to take it up. Every effort has to be made to ensure the law is respected. Authorities must ensure it is not flouted.

Street loitering and smoking from July 1st onwards

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


Address :

Tobacco Control Office
Department of Health18th & 25th Floor, Wu Chung House,
213 Queen’s Road East,
Hong Kong

Telephone :

2961 8823

Facsimile :

2575 8944

Email:

tobaccocontrol@dh.gov.hk

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.

Smokers gathering around doorways create secondhand smoke which is dangerous to passersby

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 nationally representative studies relating biomarkers of exposure to cognitive decline and risk of dementia are needed.

Street smoking from July 1st onwards

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)