LCQ22: Enforcement actions against illegal smoking
**************************************************
Question:
The Tobacco Control Legislation (Amendment) Ordinance 2025 (the Amendment Ordinance) came into operation on January 1 this year. Amendments targeting smoking offences include the extension of the statutory no smoking areas (NSAs) to the entrance and exit areas of child care centres, residential care homes, schools, hospitals, as well as specified clinics and health centres; the prohibition of smoking while queuing to board public transport carriers at designated boarding locations; and the increase in the fixed penalty for smoking offences (including smoking on public transport carriers) from $1,500 to $3,000. In this connection, will the Government inform this Council:
(1) whether it has compiled statistics on the actual increase in the coverage of NSAs (such as the area and number of locations involved) after the implementation of the Amendment Ordinance; of the numbers of inspections and prosecutions conducted by the Tobacco and Alcohol Control Office (TACO) under the Department of Health in the first quarter of this year following their increased coverage, and how such figures compared with those for the same period last year;
(2) of the respective numbers of TACO's (i) on-site investigations in response to reports and surprise inspections; and (ii) inspections during non-office hours on weekdays (including in the evenings and the small hours), as well as on Saturdays, Sundays and public holidays, in each of the past three years;
(3) of the average length of time taken by TACO to arrive at the scene for inspection after receiving a report of illegal smoking over the past three years;
(4) whether TACO has conducted regular enforcement operations against smoking on public transport carriers with passengers on board; if so, of the number of enforcement operations conducted on different modes of transport such as buses, ferries, MTR and minibuses and the number of fixed penalty notices issued over the past three years (set out in a table);
(5) as TACO has indicated that since illegal smoking is an instantaneous act, it will not proceed to the scene immediately for follow-up upon receipt of a complaint, how TACO will undertake effective follow-up when it receives complaints from members of the public about illegal smoking on a public transport carrier in motion; and
(6) as specified officers of the Housing Department are empowered to issue fixed penalty notices for smoking offences, of the number of such notices issued by the Housing Department within public housing estates over the past three years, and the number of such notices issued during non-office hours?
Reply:
President,
The Hong Kong Special Administrative Region Government has pursued tobacco control policies through a multi-pronged and progressive approach over the years, so as to protect the people from the harm caused by tobacco. One of the Government's tobacco control directions is to periodically amend the legislation to expand No-Smoking Areas (NSAs), with the aim of eliminating the harm caused by second-hand smoke and protecting the public. As the principal enforcement agency of the Smoking (Public Health) Ordinance (Cap. 371) and the Fixed Penalty (Smoking Offences) Ordinance (Cap. 600), the Tobacco and Alcohol Control Office (TACO) of the Department of Health (DH) has all along been working closely with relevant departments to take joint enforcement actions as well as refer suspected cases of contravention, so as to take forward the tobacco control efforts by enforcing the relevant legislation.
The consolidated reply, in consultation with DH and the Housing Department (HD), on various parts of the question raised by the Hon Chan Hok-fung is as follows:
(1) The Tobacco Control Legislation (Amendment) Ordinance 2025 (Amendment Ordinance) was passed by the Legislative Council in September 2025 to implement the new phase of tobacco control measures. Among which, the amendments in respect of smoking offences came into effect on January 1, 2026. From that day onward, the fixed penalty for smoking offences was increased to $3,000 per notice; the NSAs were extended to cover three metres outside the entrances/exits used for specified premises (including child care centres, residential care homes, schools, hospitals and specified clinics or health centres), adding over 3 000 new no-smoking locations in the city; and the prohibition on smoking while queuing also took effect. The latter includes prohibition on smoking while queuing to board a public transport carrier at designated boarding locations, staying within the delineated area for a designated boarding location, while queuing to enter specified premises, and while queuing within specified premises, with at least 2 000 such specified premises throughout the city included.
In the first quarter of 2025, the TACO conducted 7 687 inspections in relation to smoking offences, and issued 3 161 Fixed Penalty Notices (FPNs) and 11 summonses for smoking offences. After the new measures came into effect on January 1, 2026, the TACO strengthened inspections at locations covered by the new measures, with a view to enhancing public awareness of the new measures and increase deterrence. In the first quarter of 2026, following the implementation of the new measures, a total of 11 699 inspections were conducted in relation to smoking offences, resulting in the issue of 2 198 FPNs and 15 summonses. The increase in number of inspections alongside a decline in the number of FPNs issued precisely reflects the dual purpose of the stepped up inspection efforts by the TACO. On the one hand, enhancing inspections in the community serves to promote and educate the public on the new tobacco control measures, thereby encouraging voluntary compliance with the law; on the other hand, it maintains robust enforcement and takes a zero-tolerance approach against violations. In fact, the increase in the number of summonses issued during the period as compared to the same period last year demonstrates that the Government remains determined to prosecute offenders who are uncooperative after the implementation of the new measures. The current strategy on inspections emphasises a balance between education and enforcement. As the public gradually becomes more familiar with the new measures, enforcement actions will be adjusted in due course.
(2) Upon receiving reports on smoking offences and related complaints, the TACO conducts inspections and investigations, and issues FPNs to offenders. The TACO also conducts proactive inspections at locations where smoking problems are more serious (e.g. where complaints numbers are higher), with a view to increasing deterrence. The number of daytime and night-time operations conducted by the TACO, as well as operations on Saturdays, Sundays and Public Holidays are tabulated as follows:
| Year | 2023 | 2024 | 2025 |
| Total operations (A+B) | 4 456 | 5 547 | 5 464 |
| (A) Daytime operations(Note 1) | 2 623 | 3 378 | 3 216 |
| (B) Night-time operations (Note 2) | 1 833 | 2 169 | 2 248 |
| Operations on Saturdays, Sundays and Public Holidays | 1 081 | 1 198 | 1 233 |
Note 2: "Night-time operation" covers the "afternoon and evening shift", "evening shift" and "overnight shift" for the periods from 10am to 8pm, from 1pm to 11pm, and from 10.30pm to 8.30am respectively.
The number of FPNs/summonses issued by the TACO from 2023 to 2025 for smoking offences are as follows:
| Year | 2023 | 2024 | 2025 (Note 3) |
| FPNs issued | 10 261 | 13 488 | 10 357 |
| Summonses issued | 48 | 64 | 37 |
(3) to (5) The TACO has been collaborating with relevant departments, venue managers and transport operators to implement the smoking ban. The TACO proactively conducts inspections in areas with higher incidents of violations to enhance deterrence. During such inspections, if smoking offences are detected, TACO inspectors will issue FPNs immediately without prior warning. Managers of the statutory NSAs should also place clear no smoking signs in conspicuous locations within those areas to remind the public that the areas are statutory NSAs. Since smoking offences occur only over a short period of time, Cap. 371 also empowers venue managers to enforce the smoking ban in addition to the TACO, so as to stop the smoking offence immediately. Such powers include requiring the person to cease the relevant smoking act, requiring the person to leave the NSA or to produce proof of identity if the person is uncooperative, and calling for assistance of a police officer when necessary.
The number of inspections conducted and FPNs/summonses issued by the TACO from 2023 to 2025 for smoking offences in restaurant premises, shops and shopping malls, public transport facilities, bus interchanges and other statutory NSAs is at Annex. Individual public transport operators also enforce the smoking ban under the powers conferred by relevant legislations. As regards complaints received concerning smoking on public transport vehicles in motion or in navigation, the TACO will assess the information provided by members of the public and, will take appropriate follow-up actions (e.g. to issue FPNs or summonses) if there is sufficient evidence. The TACO does not maintain itemised enforcement figures for different modes of public transport.
(6) The Hong Kong Housing Authority has always been committed to providing residents with a comfortable and healthy living environment. Under Cap. 600 and its subsidiary legislation, designated public officers of the HD (including Housing Managers, Assistant Housing Managers and Housing Officers) (the designated officers) are authorised to issue FPNs for smoking offence to any person violating smoking regulations in statutory NSAs. It is unlawful to smoke in areas managed by the HD which have been designated as NSAs under the Cap. 371, and the designated officers of the HD will issue a FPN to the offender concerned. If the offender is a resident of the estate, in addition to paying the fine of $3,000 according to the FPN, he/she will also be immediately allotted 5 points without prior warning under the Marking Scheme for Estate Management in Public Housing Estates (Marking Scheme). Under the Marking Scheme, if a household accumulates 16 or more points within two years, the household's tenancy or licence will be terminated.
Apart from performing the abovementioned duties primarily during office hours, the designated officers of the HD also conduct special enforcement operations during non-office hours. Over the past three years (from January 1, 2023, to December 31, 2025), the numbers of FPNs issued by HD's enforcement officers within the estates for smoking offences are as follows:
| Year | Number of FPN issued during office hours | Number of FPN issued during non-office hours | Total |
| 2023 | 167 | 0 | 167 |
| 2024 | 283 | 0 | 283 |
| 2025 | 254 | 1 | 255 |
Ends/Wednesday, April 22, 2026
Issued at HKT 15:43
Issued at HKT 15:43
NNNN