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Following is a question by the Hon Daniel Lam and a written reply by the Secretary for Food and Health, Dr York Chow, in the Legislative Council today (January 16):
Question:
The statutory no smoking areas have been expanded since January 1, 2007. Yet, quite a number of members of the public have reflected to me that they frequently see people smoking in parks which have been designated as no smoking areas (especially in the early hours of the morning and at night), and such acts cause nuisance to other park users. In this connection, will the Government inform this Council:
(a) of the number of persons prosecuted for smoking in statutory no smoking areas since January 1, 2007;
(b) given that some members of the public continue to smoke in no smoking areas in defiance of the smoking ban, whether the Government plans to increase the manpower of the Tobacco Control Office of the Department of Health to step up law enforcement; and
(c) given that some parks are currently manned by the management staff of the service contractors only in the afternoon and as a result, the situation of illegal smoking in these parks is very serious in the early hours of the morning, and it is forecast that a huge fiscal surplus will be recorded in the current financial year, whether the Government plans to deploy management staff to man these parks round the clock?
Reply:
Madam President,
My reply to the question of Hon Daniel Lam is as follows:
(a) Since October 2006, Tobacco Control Inspectors (TCI) of the Tobacco Control Office (TCO) under the Department of Health (DH) have been conferred the power to take law enforcement action for offences under the Smoking (Public Health) Ordinance (Ordinance), (except Part III) including Section 3(2), i.e. no person shall smoke or carry a lighted cigarette, cigar or pipe in a no-smoking area. Any person who contravenes this provision commits an offence and is liable on summary conviction to a maximum fine of $5,000.
Upon receipt of a complaint about smoking in no-smoking areas, the TCO will send a TCI to conduct an unannounced inspection at the scene and institute a prosecution against the offender by way of summons where appropriate. The TCO will step up inspections at venues where there is more significant violation of the smoking prohibition. Since the expansion of no-smoking areas on January 1, 2007, law enforcement action against illegal smoking has been generally effective and most offenders were cooperative. In 2007, the TCO under the DH instituted prosecutions by way of summons against some 3,300 smoking offenders, including some 240 cases which took place in parks.
As smoking usually lasts for only a few minutes, we cannot expect TCIs to arrive at any statutory no-smoking area to take law enforcement action immediately upon receipt of complaint, no matter how large their establishment is. Our enforcement strategy is to make unannounced inspections, target black-spots where significant violation of the smoking prohibition is found and take follow-up action and conduct investigation for all complaints received.
Apart from legislation and law enforcement initiatives, publicity and education measures are also integral to our tobacco control strategy. The Administration's publicity and education programmes focus on building support for the smoking ban, promoting public awareness of the statutory smoking prohibition and the extent of statutory no-smoking areas, soliciting the cooperation of the relevant industries in managing their premises to achieve a smoke-free environment, appealing to the self-discipline of individuals and consideration for the health of others to promote voluntary compliance by smokers and encouraging smokers to quit. Since the passage of the amendment to the Ordinance in October 2006, the TCO and the Hong Kong Council on Smoking and Health have launched a series of media and publicity campaigns. Up to the present, more than 1.7 million copies of educational material such as no smoking signs and posters have been distributed by the TCO. As inculcation of a social culture that respects the statutory smoking prohibition and public pressure remain the key to effective and smooth implementation of the smoking prohibition, our efforts on this front would continue. In addition, starting from January 2008, the TCO will also launch a series of publicity campaigns which include, among others, announcements of public interest by electronic media, posters and outdoor billboard advertisements to give publicity to the smoking prohibition in children's playgrounds, sports grounds and parks.
(b) At present, there are over 70 TCIs and their manpower level will be kept under review in the light of practical needs. It should be noted that the Administration is now in the course of drafting a Bill on a fixed penalty system for smoking offences. Our present target is to submit the Bill to the Legislative Council in the first half of 2008 and implement the fixed penalty system in 2009. Subject to the passage of the Bill, officers of other Government departments will also be conferred the power to take law enforcement action for smoking offences at venues under their management, in addition to the TCO under the DH, which will continue to carry out law enforcement action at all statutory no-smoking areas. We believe that with the introduction of the fixed penalty system and strengthened law enforcement manpower, the effectiveness and deterrence of law enforcement will definitely be enhanced.
(c) For larger parks and playgrounds or those with a large number of visitors under the Leisure and Cultural Services Department (LCSD), staff of the LCSD or the management contractor will be on patrol round the clock. As for some smaller parks, the LCSD will also deploy their staff to make patrols in the parks at regular intervals. Where smoking is found in a no-smoking venues, staff of the LCSD will advise the offender to stop smoking and most people are generally cooperative. If serious violation of smoking prohibition is found in the venue, the LCSD will refer the case to the TCO for prosecution action.
Ends/Wednesday, January 16, 2008
Issued at HKT 14:49
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