Tobacco Control

Expansion of statutory no smoking areas

Tobacco is a Group I carcinogen that there is no safe level of exposure. Even brief exposure can harm the health of smokers and bystanders. Avoiding secondhand smoke exposure is thus important in protecting public health (Click to know more about the harm of secondhand smoke). Article 8 of the Framework Convention on Tobacco Control of the World Health Organization requires parties to provide protection from exposure to secondhand smoke in indoor workplaces, public transport, indoor public places and other public places.

Smoke-free legislation was first introduced in Hong Kong in 1983 when smoking was banned in public lifts and lower deck of public transport land vehicles. Some public indoor areas (e.g. shopping malls, banks and supermarkets) were designated smoke-free afterwards. Statutory no smoking areas was substantially extended in 2007 to all indoor areas of restaurants, indoor workplaces, public indoor areas and some outdoor public places (e.g. public pleasure ground and bathing beaches), and have been progressively extended to more outdoor public places (e.g. public transport interchanges and bus termini with superstructures) since then. Please visit Tobacco and Alcohol Control Office website for details of statutory no-smoking areas.

According to the Smoking (Public Health) Ordinance (Cap. 371), smoking or carrying a lighted cigarette, cigar, or pipe in statutory no smoking areas is liable to a fixed penalty of HK$1,500. It applies also to other forms of smoking products, such as waterpipe tobacco, e-cigarettes and heated tobacco products. Under the Criminal Procedure Ordinance (Cap. 221), it is an offence for any person aiding, abetting, counselling or procuring others to smoke in no smoking areas.

Despite the substantial expansion of no smoking areas, secondhand smoke exposure is still prevalent. According to Tobacco Control Policy-related Survey 2018, 65.7% of Hong Kong residents aged 15 years or above were exposed to secondhand smoke outside home. A survey conducted by School of Public Health, The University of Hong Kong in 2019-2020 also revealed that 61.3% of primary school student were exposed to secondhand smoke, including 42.3% at home and 48.0% outside home.

To further protect the public, especially children and youth, from harm of tobacco smoke, governments of other places have further extended the no smoking areas to include more outdoor public places and private places, for example cars carrying children, areas outside entrances and exits of buildings, bus stops and private home, etc.