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Following is a question by the Hon David Li and a written reply by the Secretary for Food and Health, Dr York Chow, in the Legislative Council today (May 7):
Question:
I have observed that "no smoking" signs are posted along a privately-managed elevated outdoor covered walkway in Central District, which is open for use by the public, while the connecting public elevated outdoor covered walkway does not have such signs posted. In this connection, will the Government inform this Council:
(1) of the existing statutory provisions under which the owner concerned is authorised to post the above "no smoking" signs, and whether statutory prohibition against smoking is enforceable along the privately-managed walkway concerned; and
(2) whether it has assessed if the relevant statutory provisions allow public elevated outdoor covered walkways to be declared no smoking areas; if the assessment outcome indicates that they are allowed to be so declared, whether the Government will make such declarations; if the assessment outcome indicates that the prohibition is neither enforceable nor applicable to all elevated outdoor covered walkways, whether the Government will consider amending the relevant ordinance(s) to effect such a prohibition?
Reply:
Madam President,
My reply to the question raised by the Hon David Li is as follows:
(1) Under section 3(1) and Part 1 of Schedule 2 to the Smoking (Public Health) Ordinance (Cap. 371), an indoor area in a workplace or public place is a designated no-smoking area. The definition of "indoor" under the Smoking (Public Health) Ordinance is defined to mean -
(a) having a ceiling or roof, or a cover that functions (whether temporarily or permanently) as a ceiling or roof; and
(b) enclosed (whether temporarily or permanently) at least up to 50% of the total area on all sides, except for any window or door, or any closeable opening that functions as a window or door.
The smoking ban is equally applicable to such areas whether within privately-owned or government-owned premises. Although there is no legal requirement that managers of statutory no-smoking areas place no-smoking signs therein, managers of premises are free to place "no-smoking" signs in premises under their management. Managers of private premises that are not statutory no-smoking areas may also designate some areas as no-smoking to provide a better environment to all users. We also encourage these premise managers to display no-smoking signs in designated no-smoking areas.
As an example, the footbridge connecting Chater House and Jardine House, as well as the one connecting Prince¡¯s Building and Landmark are both indoors according to the definition above. It should be noted that within a designated no-smoking area where smoking is prohibited, the smoking ban is enforceable regardless of whether a no-smoking sign is displayed. If managers have doubts over whether an area is subject to the statutory smoking ban under the Smoking (Public Health) Ordinance, they could seek assistance from the Tobacco Control Office (TCO) of the Department of Health.
(2) The smoking ban was extended to cover a vast expanse of venues since January 1, 2007. Implementation of the smoking ban in all designated no-smoking areas has so far been generally smooth and successful. Since January 1, 2007, TCO has issued two summonses in relation to smoking offences on indoor footbridges while on the whole, TCO has issued a total of 5,494 summonses to smoking offenders. The success is attributable to the public support for the new law, including smokers and non-smokers. This is an achievement which has been made after years of social discourse and public education. The present coverage of designated no-smoking areas has gained wide support from the public as well as Legislative Council members after detailed and thorough discussions.
As the amendments to the Smoking (Public Health) Ordinance has only come into force for slightly over a year, we consider it prudent to assess the need and merits of further expanding the scope of no-smoking areas after a more comprehensive assessment of the full effect of the smoking ban. In the meantime, the Administration is working with the Legislative Council on fixed penalty against breaches of the Ordinance. When this new measure takes effect, there will be a stronger deterrent effect of the smoking ban. We will also continue to strengthen our tobacco control regime through a wide range of complementary measures including law enforcement, publicity, education and encouragement to cease smoking.
Ends/Wednesday, May 7, 2008
Issued at HKT 12:51
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