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Smoking (Public Health) Ordinance (Cap.371)
New Designated No Smoking Area
Under the newly amended Smoking (Public Health) Ordinance (Cap.371), the following areas or establishments will become designated no smoking areas with effect from 1 January 2007. No person shall smoke or carry a lighted cigarette, cigar or pipe in such area, or else will be liable to a maximum fine of $5,000.
(Information of designated no smoking areas shall be subjected to the original text of the Smoking (Public Health) Ordinance (Cap. 371) )
New No Smoking Areas (with effect from 1 January 2007):
- Indoor workplaces (include any parts for working, taking meals or rest)
- Indoor areas in restaurant premises
- Indoor areas in karaoke establishments
- Indoor areas in shops
- Escalators (include all those in indoor and outdoor areas with or without any sides being enclosed)
- Public pleasure grounds
- Concert halls Public swimming pools
- Bathing beaches
- Stadiums
- Child care centres, schools, universities and post secondary schools (include indoor and outdoor areas)
- Indoor areas in residential care homes
- Indoor public places (any place to which the public are entitled or permitted to have access, whether on payment or not)
- Indoor areas in markets (include publicly or privately operated or managed)
- Whole or a part of public transport interchanges
- The Hong Kong Wetland Park
- Hospitals (include indoor and outdoor areas)
- Communal quarters (mean any premises that are the living accommodation provided by an employer to two or more employees, or to those employees and their families, whether or not any monetary consideration is received by the employer for providing the accommodation.) but not include:
1. Any room occupied exclusively by one employee, or by that employee and his family, within any such accommodation; and any such accommodation that is, or forms part of, the private dwelling of the employer or any other person.
2. The following premises among which the living accommodation is provided by an employer to one employee, or to that employee and his family (whether or not any monetary consideration is received by the employer for providing the accommodation) and the accommodation is occupied exclusively by that employee or by him and his family:
*consists only of such accommodation and the common parts (if any) shared by such accommodation;
*The accommodation is permanently and completely partitioned off from the remainder of child care centre, school, specified educational establishment, approved institution, place of detention, place of refuge, reformatory school, hospital or maternity home, within which the accommodation is situated; and none of any window, door or other closeable opening of the accommodation opens to an indoor part of that area (except a common part).
- Indoor areas in bars
- Indoor areas in bathhouses
- Indoor areas in night clubs
- Indoor areas in massage establishments
- Indoor areas in mahjong-tin kau premises
(Indoor means having a ceiling or roof, or a cover that functions (whether temporarily or permanently) as a ceiling or roof; and at least 50% of the total area of all sides enclosed (whether temporarily or permanently), except for any window or door, or any closeable opening that functions as a window or door.)
Premises such as bars, bathhouses, night clubs, massage establishments, mahjong rooms in a club and mahjong-tin kau premises meeting entry requirements could make applications to the Director of Health to be included in the List of Qualified Establishments. Smoking ban will be deferred until 30 June 2009 for those listed establishments. Such establishments are identified by a prescribed sign placed at the entrance of the establishment. Smoking ban will be imposed with effect from 1 July 2009 in these listed establishments.