Following is a question by the Hon Adrian Ho and a reply by the Secretary for Health, Professor Lo Chung-mau, in the Legislative Council today (February 4):

Question:

     A number of tobacco control measures have been implemented under the Tobacco Control Legislation (Amendment) Bill 2025 passed last year. In this connection, will the Government inform this Council:
     
(1) given that while the statutory no smoking areas have been extended to public places that lie within three metres from access points of specified premises after the legislative amendment exercise, there are views that in order to balance various needs and accommodate the hosting of cultural and sports mega events, the Government should establish designated smoking areas in public places and step up enforcement during specific periods (e.g. during mega events) to enhance public experience and safety, whether the Government will study the relevant proposals;

(2) of the number of inspections conducted by the Government to combat illicit cigarette activities and the number of fixed penalty notices issued for contravention of tobacco control measures each month since the legislative amendment exercise; the respective staffing establishments of frontline officers of various ranks responsible for enforcement; and

(3) given that while the Government has earlier on indicated that a total smoking ban will be implemented at construction sites, it does not cover the interior of residential units in housing estates undergoing major maintenance, whether the Government has plans to amend the relevant tobacco control legislation to align with the smoking ban at site areas, and to study the feasibility of extending the coverage of the smoking ban in respect of domestic repair works, such as implementing a smoking ban at residential units currently undergoing works or internal renovations?

Reply:

President,

     The principle that "smoking is hazardous to health" is one which I trust all Members of the Legislative Council (LegCo), and indeed the general public of Hong Kong, smokers and non-smokers alike, understand and would not dispute. For many years, the Hong Kong Special Administrative Region Government has pursued tobacco control policies through a multi-pronged and progressive approach, so as to protect the people from the harm caused by tobacco.

     The consolidated reply, in consultation with the Labour and Welfare Bureau (LWB), the Hong Kong Customs and Excise Department (C&ED) and the Department of Health (DH), on the question raised by the Hon Adrian Ho is as follows:

(1) Cultural and sports activities are beneficial to the physical and psychological health, and can even help develop mega event economy. Hong Kong is revered as the "Events Capital of Asia" and the "World's Meeting Place", and is at the same time recognised to be at the forefront of tobacco control in China by the National Health Commission as well as the World Health Organization (WHO). Cultural and mega events and a smoke-free city are not contradictory, rather, they even complement each other perfectly. In a global perspective, the non-smoking population far outnumbers smokers, and proportion of non-smokers among citizens and visitors participating in cultural and sports events should be greater. Only a truly smoke-free and fresh environment can enhance the experience at mega cultural and sports events as well as safety of residents and visitors alike, with a view to elevating the city's image and quality. For those participating in cultural and sports activities, the establishment of designated smoking areas in public places at the event venues, which are filled with second-hand smoke, does nothing to enhance their experience. Rather, it would ruin their experience.

     One of the Government's tobacco control directions is to periodically amend legislation to expand no-smoking areas, with the aim of eliminating the harm caused by second-hand smoke and protecting the public. At present, the vast majority of the key venues for hosting international cultural and sports events, such as cinemas, theatres, concert halls, parks and stadiums, whether indoor or outdoor, already have a smoking ban in place: starting from January 1 of this year, smoking is also prohibited while queuing to enter these venues, and the aim of which is to ensure smoke-free cultural and sports activities and events. Furthermore, the Smoking (Public Health) Ordinance (Ordinance) (Cap. 371) also empowers the Secretary for Health to designate extensive no-smoking areas based on local circumstances, views of the public and the District Councils, as well as subject to practical needs and feasibility, say for instance, in response to mega events, while setting applicable conditions and exemptions. During mega events, the Tobacco and Alcohol Control Office (TACO) of the DH will conduct joint operations with relevant departments as circumstances require. We also encourage venue operators to make good use of the guidelines and no-smoking signage provided by TACO to clearly convey the messages on tobacco control.

     The Government understands that different sectors of society have varying considerations and opinions regarding the management of public spaces. However, there is currently no scientific evidence to support the notion that designated smoking areas can effectively protect members of the public from the harm caused by second-hand smoke. On the contrary, the WHO has stated that no measures, including ventilation, air filtration, the establishment of designated smoking areas, or even engineering approaches including separate ventilation systems, can prevent the public's exposure to second-hand smoke. This is because the particulate matter in smoke can penetrate any ventilation system and disperse throughout the entire environment, while a significant proportion of the toxic components in smoke are colourless and odourless, posing direct and immediate hazards to the cardiovascular and respiratory systems.

     Moreover, the public may consequently be misled into believing that establishing designated smoking areas is sufficient to protect public health and eliminate the harm of second-hand smoke. This effectively conveys erroneous public health messages, and even re-normalises the behavior of smoking in public areas, undermining the long-term objective towards a smoke-free Hong Kong.
 
(2) One key focus of the Tobacco Control Legislation (Amendment) Ordinance 2025 (Amendment Ordinance), passed by the LegCo last year, is to combat illicit cigarettes. Mainly enforced by the C&ED in accordance with the Dutiable Commodities Ordinance (Cap. 109), the relevant penalties have already been increased to a fine of $2 million and seven years' imprisonment immediately following the Amendment Ordinance's gazettal on September 19 last year. The Amendment Ordinance also stipulates that any cigarettes sold below the tobacco duty rate must be proved to be duty-paid, failing which they shall be presumed to be duty-unpaid. Officers of the C&ED have launched multiple special operations by conducting surprise inspections at cigarette retail outlets across various districts across the territory, uncovering a number of illegal sales points selling cigarettes below the tobacco duty rate.

     The C&ED has consistently adopted a comprehensive enforcement strategy to combat activities on illicit cigarette, and has been conducting anti-illicit cigarette inspections across all districts of Hong Kong and on online platforms. Frontline officers of the C&ED, including those responsible for passenger and cargo clearance at all immigration control points, participate in intercepting illicit cigarettes. As they concurrently perform other clearance duties, it is difficult to categorise and quantify the number of officers involved by relevant items of their duties.

     To combat "cheap whites", the C&ED has successfully completed a three-month Pilot Run for the Duty Stamp System. During the process, multiple rounds of information sessions were organised for the industry. The C&ED plans to fully implement the System in the second quarter of 2027, with a view to distinguishing duty-paid cigarettes from duty-unpaid ones more effectively.

     Enforcement of illegal smoking and the issuance of fixed penalty notices is the responsibility of TACO. Enforcement and staffing figures of TACO since the passage of the Amendment Ordinance are set out in the Annex for Members' reference. In December last year alone, a total of 3 578 inspections were conducted, and 691 fixed penalty notices were issued by TACO.

(3) Part three of the Hon Ho's question concerns the comprehensive smoking ban at construction sites. Comprehensive smoking ban in construction sites involves contractors and individuals. Regarding the penalty for contractors, the LWB is amending the Construction Sites (Safety) Regulations (Cap. 59I) to prohibit any smoking behaviours that pose fire risk in construction sites (including new buildings sites and large-scale renovation sites), thereby enhancing the safety level of construction sites. As for behavior to smoke in construction sites, this clearly poses a fire hazard and also has implications on tobacco control in workplaces. In response to the violations by individuals who smoke in construction sites, the LWB will make reference to fine levels and the fixed penalty mechanism in the Smoking (Public Health) Ordinance (Cap. 371) and the Fixed Penalty (Smoking Offences) Ordinance (Cap. 600), and is considering the approach for the legislative amendments exercise. In fact, indoor public areas in a residential building, such as lift lobbies and rear staircases, regardless of whether they are included as construction sites during building renovations, are already indoor areas within workplaces or public places under the Ordinance and are statutory no-smoking areas. The proposal being considered by the LWB currently would include other parts of a building under renovation, such as external wall works, as no-smoking areas. Nevertheless, private domestic premises are not covered under the Ordinance, and the decision of which was made based on considerations of personal privacy in private premises and the difficulty of enforcement when the Government implemented the comprehensive smoking ban at indoor public places. In this legislative amendment exercise, the LWB will make reference to the aforementioned experience and have inhabited domestic premises under renovation exempted.

     Today, the Secretary for Labour and Welfare, Mr Chris Sun, is also present at this meeting to respond to follow-up questions from Members on this part. 

Ends/Wednesday, February 4, 2026
Issued at HKT 17:20

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