​The Government today (May 19) introduced three legislative amendments into the Legislative Council (LegCo), including the Smoking (Public Health) Ordinance (Amendment of Schedule 2) Order 2026 (Amendment Order), the Fixed Penalty (Smoking Offences) (Specification of Authorities and Public Officers) (Amendment) Notice 2026 (Amendment Notice), and the Construction Sites (Safety) (Amendment) Regulation 2026 (Amendment Regulation). The above legislative amendments would impose clear legal obligations on principal contractors of construction works, subcontractors and any persons to strictly prohibit smoking in all construction sites, with a view to reducing fire risks and safeguarding the safety of workers and the public.
      
     The Government will publish the Amendment Order and the Amendment Notice in the Gazette on May 22. The Amendment Order designates construction sites as no smoking areas and the Amendment Notice specifies Occupational Safety Officers (OSOs) of the Labour Department to carry out enforcement work related to all smoking offences in construction sites under the Fixed Penalty (Smoking Offences) Ordinance (Cap. 600). Any person smoking in a construction site commits an offence. OSOs can issue a fixed penalty notice under Cap. 600 to offenders with a fixed fine of $3,000. The Amendment Order is applicable to all types of construction sites, including building maintenance sites, except domestic premises and private quarters that are being occupied by their residents for residential purposes.
      
     Meanwhile, the Amendment Regulation requires that contractors and subcontractors must take all reasonable steps to ensure that no person smokes or carries a lighted specified smoking product; or uses a naked light for lighting a specified smoking product in a construction site. Otherwise, those violating the Amendment Regulation are liable on conviction to a maximum fine of $400,000.
      
     The Amendment Order and the Amendment Notice will be subject to the negative vetting procedure, while the Amendment Regulation will be subject to the positive vetting procedure.
      
     The Government will strive to facilitate the scrutiny work of the LegCo and looks forward to the LegCo's support for early passage of the three legislative amendments, enabling the Government to implement the smoking ban in all construction sites as soon as possible.

Ends/Tuesday, May 19, 2026
Issued at HKT 12:10

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