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In response to media enquiries on the statutory requirements of qualified establishments for smoking ban deferment, a spokesman of the Department of Health (DH) gave the following reply:
"Under the Smoking (Public Health) (Amendment) Ordinance 2006, six types of 'listed qualified establishments', approved by the Director of Health may implement the smoking ban by July 1, 2009 the latest.
These establishments are, namely, nightclubs, bathhouses, massage establishments, mahjong-tin kau premises, designated mahjong rooms in clubs and certain bars. The requirements of qualified establishments are clearly specified in the Ordinance and details can be found in the website of the Tobacco Control Office (TCO) (www.tco.gov.hk).
From January 1, 2007, TCO staff will initiate investigation if anyone reports that a listed establishment does not fulfill the statutory requirement of a qualified establishment or upon receipt of complaints.
If it otherwise comes to the knowledge of the Director that a listed establishment is no longer a qualified establishment, the Director may remove the name and address of the establishment from the list of qualified establishments.
According to the Ordinance, the person in charge of a qualified establishment may request the Director to include the name and address of the establishment in the list of qualified establishments by submitting to the Director a notification in a form specified by the Director.
Besides, the person in charge shall in the notification make a statement declaring that all the information given in the notification is true, correct and complete.
After receiving a duly completed notification submitted under this section in respect of an establishment, the Director shall include, the name and address of the establishment in the list of qualified establishments.
The spokesman added that the person in charge of the establishment must inform TCO within 10 days where there is any change in the information contained in the application forms which may make the establishment no longer a qualified establishment. A person who fails to do so commits an offence and is liable to a maximum penalty of $50 000.
Moreover, making a false declaration knowingly is also an offence and once convicted, the maximum penalty is an imprisonment of 2 years with a fine."
Ends/Saturday, December 30, 2006
Issued at HKT 20:11
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