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Term --FCTC-Based Definition Hong Kong (SAR)
Workplace View Definition

An area, permanent or temporary, in which a person performs duties of employment or work, regardless of whether the work is done for compensation or on a voluntary basis, and includes private offices, common areas and any other area which generally is used or frequented during the course of employment or work. (FCTC Art. 8 Guidelines para. 20)

Defined
Yes
Analysis

The definition of “workplace” aligns with the definition in the FCTC Art. 8 Guidelines.

Not Applicable
Not Applicable
Public Transport View Definition

Any vehicle used for the carriage of members of the public, usually for reward or commercial gain. (FCTC Art. 8 Guidelines para. 22)

Defined
Yes
Analysis

Although the Smoking Ordinance lists types of public transport, rather than defining public transport, the definition aligns with the definition in the FCTC Art. 8 Guidelines in that it encompasses all means of public transport available in Hong Kong.

Not Applicable
Not Applicable
Second Hand Smoke (or similar term) View Definition

The smoke emitted from the burning end of a cigarette or from other tobacco products usually in combination with the smoke exhaled by the smoker. (FCTC Art. 8 Guidelines para. 15)

Not Defined
No
Analysis

Although this term is not defined, a definition is not strictly necessary because the term is not used in the Smoking Ordinance. The Ordinance’s smoke free measures provide that “no person shall smoke” in a no smoking area rather than, for example, “no person shall be exposed to second hand smoke in enclosed public places. . . .”

Not Applicable
Not Applicable
Smoking or Smoke View Definition

Being in possession or control of a lit tobacco product regardless of whether the smoke is being actively inhaled or exhaled. (FCTC Art. 8 Guidelines para. 17)

Defined
Yes
Analysis

The Ordinance definition of “smoke” is narrower than the definition contained in the FCTC Art. 8 Guidelines because it does not include the action of simply being in control of a lit tobacco product. However, the no-smoking provisions of the Ordinance prohibit smoking and the carrying of a lighted tobacco product, thereby capturing the same concept.

Not Applicable
Not Applicable
Public Place View Definition

An area, permanent or temporary, that is accessible to the general public or for collective use by the general public regardless of ownership or right of access. (FCTC Art. 8 Guidelines para. 18)

Defined
Yes
Analysis

The definition of “public places” aligns with the definition of “public place” in the FCTC Art. 8 Guidelines.

Not Applicable
Not Applicable
Tobacco Product View Definition

Any product entirely or partly made of the leaf tobacco as a raw material which is manufactured to be used for smoking, sucking, chewing, or snuffing. (FCTC Art. 1(f))

Defined
Yes
Analysis

The definition of “tobacco product” is narrower than the FCTC definition because it encompasses only the listed types of tobacco products. It does not encompass smokeless tobacco products nor other types of smokeable tobacco products, such as bidis, that may not yet be common in Hong Kong.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, a definition of “tobacco product” should be provided in accordance with FCTC Art. 1(f).

Not Applicable
Not Applicable
Indoor or Enclosed View Definition

Any space covered by a roof or enclosed by one or more walls or sides, regardless of the type of material used for the roof, walls or sides, and regardless of whether the structure is permanent or temporary. (FCTC Art. 8 Guidelines para. 19)

Defined
Yes
Analysis

The Smoking Ordinance definition aligns with the definition contained in the Guidelines by setting forth the minimum requirements for ceilings and walls in “enclosed” spaces.

The Smoking Ordinance definition differs from the Guidelines definition in that it provides that a space is “indoor” if it is enclosed at least up to 50% of all sides, whereas the Guidelines provide that a space have “one or more walls.” However, the Ordinance definition aligns with the spirit of the Guidelines definition.

Not Applicable
Not Applicable
Hong Kong (SAR)
All indoor workplaces
Smoking is Restricted
“Smoking is Restricted”: Smoking is restricted in some way in the specified place or category of places. Restrictions could take one of the following forms: (1) smoking is restricted , under the national law, to “smoking rooms”, “smoking areas”, and/or during specified times in the specified place or category of places; (2) under the national law(s), smoking is restricted or prohibited in some types of places, within the category but not in all types of places within the category; or (3) where a country regulates public smoking primarily at the sub-national level, smoking is restricted or prohibited in the specified place or category of places in some sub-national jurisdictions but not in other sub-national jurisdictions.
Analysis

The Smoking Ordinance provides that no person shall smoke in a no smoking area. Schedule 2, Part 1 provides an extensive list of types of places that are smoke free including the catch-all provision, “an indoor area in a workplace or public place to the extent that it is not an area described in any other item in this Part.” The only exceptions to the smoking ban are set out in Schedule 2, Part 2, which permits smoking in hotel rooms, designated areas in airports and correctional/detention facilities, and tasting rooms in cigar shops. As these places are workplaces for some people, not all workplaces are smoke free. Therefore, “indoor workplaces” is given the regulatory status “Smoking is Restricted.”

Although there are only limited exceptions to the smoking ban, the law does not align with FCTC Art. 8 and the FCTC Art. 8 Guidelines because it does not provide for 100% smoke free indoor workplaces and public places and therefore does not provide effective or universal protection against tobacco smoke exposure. To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should require all parts of all indoor public places and workplaces to be 100% smoke free.

Not Applicable
Not Applicable
All indoor public places
Smoking is Restricted
“Smoking is Restricted”: Smoking is restricted in some way in the specified place or category of places. Restrictions could take one of the following forms: (1) smoking is restricted , under the national law, to “smoking rooms”, “smoking areas”, and/or during specified times in the specified place or category of places; (2) under the national law(s), smoking is restricted or prohibited in some types of places, within the category but not in all types of places within the category; or (3) where a country regulates public smoking primarily at the sub-national level, smoking is restricted or prohibited in the specified place or category of places in some sub-national jurisdictions but not in other sub-national jurisdictions.
Analysis

The Smoking Ordinance provides that no person shall smoke in a no smoking area. Schedule 2, Part 1 provides an extensive list of types of places that are smoke free including the catch-all provision, “an indoor area in a workplace or public place to the extent that it is not an area described in any other item in this Part.” The only exceptions to the smoking ban are set out in Schedule 2, Part 2, which permits smoking in hotel rooms, designated areas in airports and correctional/detention facilities, and tasting rooms in cigar shops. As some of these places are public places, not all public places are smoke free. Therefore, “indoor public places” is given the regulatory status “Smoking is Restricted.”

Although there are only limited exceptions to the smoking ban, the law does not align with FCTC Art. 8 and the FCTC Art. 8 Guidelines because it does not provide for 100% smoke free indoor workplaces and public places and therefore does not provide effective or universal protection against tobacco smoke exposure. To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should require all parts of all indoor public places and workplaces to be 100% smoke free.

Not Applicable
Not Applicable
All public transport
Smoking is Restricted
“Smoking is Restricted”: Smoking is restricted in some way in the specified place or category of places. Restrictions could take one of the following forms: (1) smoking is restricted , under the national law, to “smoking rooms”, “smoking areas”, and/or during specified times in the specified place or category of places; (2) under the national law(s), smoking is restricted or prohibited in some types of places, within the category but not in all types of places within the category; or (3) where a country regulates public smoking primarily at the sub-national level, smoking is restricted or prohibited in the specified place or category of places in some sub-national jurisdictions but not in other sub-national jurisdictions.
Analysis

Section 4 of the Smoking Ordinance prohibits smoking in a public transport carrier. Schedule 1 sets forth the public transport carriers in which smoking is prohibited, which includes all land and water public transport in Hong Kong. Schedule 1 provides for one very limited exception to the smoking ban: if a bus or taxi is hired as a whole by a private party, smoking is allowed in the vehicle. This exemption does not apply to the three main franchise bus operators – KMB, Citibus, and New World Group. This provision fails to provide protection to the bus and taxi drivers and non-smoking passengers in these circumstances.

Because of the limited exception as it applies to taxis, the regulatory status code "Smoking is Restricted" is given. To fully align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should provide for 100% smoke free public transportation at all times.

Not Applicable
Not Applicable
Government facilities
100% Smoke Free
“100% Smoke Free”: 100% smoke free environment throughtout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

Section 3(5) of the Smoking Ordinance specifically provides that “any premises that are owned or occupied by, or under the management and control of, the Government” are no smoking areas.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to government facilities.

Not Applicable
Not Applicable
Private offices
100% Smoke Free
“100% Smoke Free”: 100% smoke free environment throughtout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

The Smoking Ordinance provides that no person shall smoke in a no smoking area. Schedule 2, Part 1 provides an extensive list of types of places that are smoke free including the catch-all provision, “an indoor area in a workplace or public place to the extent that it is not an area described in any other item in this Part.” The only exceptions to the smoking ban are set out in Schedule 2, Part 2, and do not include private offices. Therefore, private offices are smoke free. The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to private offices.

Not Applicable
Not Applicable
Hospitals
100% Smoke Free
“100% Smoke Free”: 100% smoke free environment throughtout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

Section 3 of the Smoking Ordinance prohibits smoking in “no smoking areas” set forth in Schedule 2. Schedule 2, Part 1 designates hospitals as no smoking areas.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to hospitals.

Not Applicable
Not Applicable
Residential healthcare facilities - public areas
100% Smoke Free
“100% Smoke Free”: 100% smoke free environment throughtout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

Section 3 of the Smoking Ordinance prohibits smoking in “no smoking areas” set forth in Schedule 2. Schedule 2, Part 1 designates indoor areas in “residential care homes” as no smoking areas.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to public areas of residential healthcare facilities.

Not Applicable
Not Applicable
Non-residential healthcare facilities
100% Smoke Free
“100% Smoke Free”: 100% smoke free environment throughtout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

Section 3 of the Smoking Ordinance prohibits smoking in “no smoking areas” set forth in Schedule 2. Schedule 2, Part 1 designates “treatment centers” as no smoking areas, which is interpreted as covering non-residential healthcare facilities. In addition, Schedule 2, Part 1 includes a catch-all provision that designates as non-smoking any “indoor area in a workplace or public place to the extent that it is not an area described in any other item in this Part.” This would cover non-residential healthcare facilities that do not fall in the category of “treatment centers.”

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to non-residential healthcare facilities.

Not Applicable
Not Applicable
Childcare facilities/preschools
100% Smoke Free
“100% Smoke Free”: 100% smoke free environment throughtout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

Section 3 of the Smoking Ordinance prohibits smoking in “no smoking areas” set forth in Schedule 2. Schedule 2, Part 1 designates “any child care center,” “any school,” and “any specified educational establishment” as no smoking areas; therefore, childcare facilities and preschools are smoke free.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to childcare facilities and preschools.

Not Applicable
Not Applicable
Primary and secondary schools
100% Smoke Free
“100% Smoke Free”: 100% smoke free environment throughtout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

Section 3 of the Smoking Ordinance prohibits smoking in “no smoking areas” set forth in Schedule 2. Schedule 2, Part 1 designates “any school” and “any specified educational establishment” as no smoking areas; therefore, primary and secondary schools are smoke free.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to primary and secondary schools.

Not Applicable
Not Applicable
Universities/vocational facilities
100% Smoke Free
“100% Smoke Free”: 100% smoke free environment throughtout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

Section 3 of the Smoking Ordinance prohibits smoking in “no smoking areas” set forth in Schedule 2. Schedule 2, Part 1 designates “any school,” “any specified educational establishment,” and “any approved institution” as no smoking areas; therefore, universities and vocational facilities are smoke free.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to universities and vocational facilities.

Not Applicable
Not Applicable
Shops
Smoking is Restricted
“Smoking is Restricted”: Smoking is restricted in some way in the specified place or category of places. Restrictions could take one of the following forms: (1) smoking is restricted , under the national law, to “smoking rooms”, “smoking areas”, and/or during specified times in the specified place or category of places; (2) under the national law(s), smoking is restricted or prohibited in some types of places, within the category but not in all types of places within the category; or (3) where a country regulates public smoking primarily at the sub-national level, smoking is restricted or prohibited in the specified place or category of places in some sub-national jurisdictions but not in other sub-national jurisdictions.
Analysis

Section 3 of the Smoking Ordinance prohibits smoking in “no smoking areas” set forth in Schedule 2. Schedule 2, Part 1 designates any indoor areas in “any shop, department store, or shopping mall,” “any market (whether publicly or privately operated or managed),” and “any supermarket” as no smoking areas; therefore, the majority of shops are smoke free. However, smoking is allowed in tasting rooms in cigar shops and therefore, the regulatory status of “Smoking is Restricted” is given rather than “100% Smoke Free.”

To fully align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking in all shops.

Not Applicable
Not Applicable
Cultural facilities
100% Smoke Free
“100% Smoke Free”: 100% smoke free environment throughtout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

Section 3 of the Smoking Ordinance prohibits smoking in “no smoking areas” set forth in Schedule 2. Schedule 2 does not specifically address cultural institutions. However, Schedule 2, Part 1 includes a catch-all provision that designates as non-smoking any “indoor area in a workplace or public place to the extent that it is not an area described in any other item in this Part.” This provision covers indoor cultural institutions and they are, therefore, smoke free.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to cultural facilities.

Not Applicable
Not Applicable
Indoor stadium/arenas
100% Smoke Free
“100% Smoke Free”: 100% smoke free environment throughtout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

Section 3 of the Smoking Ordinance prohibits smoking in “no smoking areas” set forth in Schedule 2. Schedule 2, Part 1 designates the following areas in stadiums as smoke free: any pitch, any running track, any sidewalk immediately adjacent to the pitch or running track, and any spectator stand. In addition, Schedule 2, Part 1 includes a catch-all provision that designates as non-smoking any “indoor area in a workplace or public place to the extent that it is not an area described in any other item in this Part.” Together, these provisions are interpreted as prohibiting smoking in all parts of all indoor stadiums and arenas.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to indoor stadiums/arenas.

Not Applicable
Not Applicable
Restaurants
100% Smoke Free
“100% Smoke Free”: 100% smoke free environment throughtout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

Section 3 of the Smoking Ordinance prohibits smoking in “no smoking areas” set forth in Schedule 2. Schedule 2, Part 1 designates “any restaurant premises” as a no smoking area.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to restaurants.

Not Applicable
Not Applicable
Bars/pubs/nightclubs
100% Smoke Free
“100% Smoke Free”: 100% smoke free environment throughtout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

Section 3 of the Smoking Ordinance prohibits smoking in “no smoking areas” set forth in Schedule 2. Schedule 2, Part 1 designates “any bar” and “any karaoke establishment” as no smoking areas. In addition, Schedule 2, Part 1 includes a catch-all provision that designates as non-smoking any “indoor area in a workplace or public place to the extent that it is not an area described in any other item in this Part.” Together, these provisions prohibit smoking in all bars, pubs, and nightclubs.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to bars, pubs, and nightclubs.

Not Applicable
Not Applicable
Casinos
100% Smoke Free
“100% Smoke Free”: 100% smoke free environment throughtout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

Section 3 of the Smoking Ordinance prohibits smoking in “no smoking areas” set forth in Schedule 2. Schedule 2, Part 1 does not specifically list casinos. However, Schedule 2, Part 1 includes a catch-all provision that designates as non-smoking any “indoor area in a workplace or public place to the extent that it is not an area described in any other item in this Part.” This provision prohibits smoking in casinos.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to casinos.

Not Applicable
Not Applicable
Hotels/lodging - public areas
100% Smoke Free
“100% Smoke Free”: 100% smoke free environment throughtout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

Section 3 of the Smoking Ordinance prohibits smoking in “no smoking areas” set forth in Schedule 2. Schedule 2, Part 1 does not specifically list hotels. However, Schedule 2, Part 1 includes a catch-all provision that designates as non-smoking any “indoor area in a workplace or public place to the extent that it is not an area described in any other item in this Part.” This provision is interpreted as prohibiting smoking in public areas in hotels. In addition, Schedule 2, Part 2 specifically exempts hotel rooms from no smoking requirements, implying that other parts of hotels are no smoking areas.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to public areas of hotels.

Not Applicable
Not Applicable
Hotels/lodgings - guest rooms
Smoking is Not Restricted
“Smoking is Not Restricted”: Smoking is allowed throughout the entire premises of the specified place or category of places.
Analysis

Section 3 of the Smoking Ordinance prohibits smoking in indoor public places and workplaces, except for those places that are exempt under Schedule 2, Part 2. Hotel guest rooms are specifically exempt from no smoking requirements under Schedule 2, Part 2.

Because there are limited exceptions to the smoking ban in hotel rooms, the law does not align with FCTC Art. 8 and the FCTC Art. 8 Guidelines. The law does not provide for 100% smoke free indoor workplaces and public places and therefore does not provide effective or universal protection against tobacco smoke exposure. To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should require all parts of all indoor public places and workplaces to be 100% smoke free.

Not Applicable
Not Applicable
Prisons/detention facilities - public areas
Smoking is Restricted
“Smoking is Restricted”: Smoking is restricted in some way in the specified place or category of places. Restrictions could take one of the following forms: (1) smoking is restricted , under the national law, to “smoking rooms”, “smoking areas”, and/or during specified times in the specified place or category of places; (2) under the national law(s), smoking is restricted or prohibited in some types of places, within the category but not in all types of places within the category; or (3) where a country regulates public smoking primarily at the sub-national level, smoking is restricted or prohibited in the specified place or category of places in some sub-national jurisdictions but not in other sub-national jurisdictions.
Analysis

Section 3 of the Smoking Ordinance prohibits smoking in indoor public places and workplaces, except for those places that are exempt under Schedule 2, Part 2. Schedule 2, Part 2 specifically exempts “an area in a correctional facility that is set aside for smoking by prisoners,” and “an area set aside by the Director of Immigration” in immigration detention facilities. Therefore, smoking is restricted in public areas of correctional and detention facilities.

Accordingly, the law does not align with FCTC Art. 8 and the FCTC Art. 8 Guidelines. The law does not provide for 100% smoke free indoor workplaces and public places and therefore does not provide effective or universal protection against tobacco smoke exposure. To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should require all parts of all indoor public places and workplaces to be 100% smoke free.

Not Applicable
Not Applicable
Trains, buses and other shared ground transportation other than taxis
Smoking is Restricted
“Smoking is Restricted”: Smoking is restricted in some way in the specified place or category of places. Restrictions could take one of the following forms: (1) smoking is restricted , under the national law, to “smoking rooms”, “smoking areas”, and/or during specified times in the specified place or category of places; (2) under the national law(s), smoking is restricted or prohibited in some types of places, within the category but not in all types of places within the category; or (3) where a country regulates public smoking primarily at the sub-national level, smoking is restricted or prohibited in the specified place or category of places in some sub-national jurisdictions but not in other sub-national jurisdictions.
Analysis

Section 4 of the Smoking Ordinance prohibits smoking in a public transport carrier. Schedule 1 sets forth the public transport carriers on which smoking is prohibited (which includes all land and water public transport in Hong Kong). Schedule 1 provides for one very limited exception to the smoking ban: if a bus or taxi is hired as a whole by a private party, smoking is allowed in the vehicle. This exemption does not apply to the three main franchise bus operators – KMB, Citibus, and New World Group. This provision fails to provide protection to bus and taxi drivers and non-smoking passengers in these circumstances.

Because of the very limited exception applying to private party hires of buses (taxis are analyzed separately), the regulatory status code of "Smoking is Restricted" is given.

To fully align with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to trains, buses and other shared ground transportation other than taxis, all means of public transport, as defined by para. 22 in the guidelines, should be smoke free at all times.

Not Applicable
Not Applicable
Taxis (for-hire vehicle)
Smoking is Restricted
“Smoking is Restricted”: Smoking is restricted in some way in the specified place or category of places. Restrictions could take one of the following forms: (1) smoking is restricted , under the national law, to “smoking rooms”, “smoking areas”, and/or during specified times in the specified place or category of places; (2) under the national law(s), smoking is restricted or prohibited in some types of places, within the category but not in all types of places within the category; or (3) where a country regulates public smoking primarily at the sub-national level, smoking is restricted or prohibited in the specified place or category of places in some sub-national jurisdictions but not in other sub-national jurisdictions.
Analysis

Section 4 of the Smoking Ordinance prohibits smoking in a public transport carrier. Schedule 1 sets forth the public transport carriers on which smoking is prohibited (which includes all land and water public transport in Hong Kong). Schedule 1 provides for one very limited exception to the smoking ban: if a bus or taxi is hired as a whole by a private party, smoking is allowed in the vehicle. This exemption does not apply to the three main franchise bus operators – KMB, Citibus, and New World Group. This provision fails to provide protection to bus and taxi drivers and non-smoking passengers in these circumstances.

Because of the very limited exception applying to private party hires of taxis, the regulatory status code of "Smoking is Restricted" is given.

To fully align with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to taxis, all means of public transport, as defined by para. 22 in the guidelines, should be smoke free at all times.

Not Applicable
Not Applicable
Commercial aircraft
100% Smoke Free
“100% Smoke Free”: 100% smoke free environment throughtout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

The Aviation Security Ordinance prohibits smoking in aircraft. The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to commercial aircraft.

Not Applicable
Not Applicable
Commercial watercraft
100% Smoke Free
“100% Smoke Free”: 100% smoke free environment throughtout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

Section 4 of the Smoking Ordinance prohibits smoking in a public transport carrier. Schedule 1 sets forth the public transport carriers on which smoking is prohibited, which includes all land and water public transport in Hong Kong. Therefore, commercial watercraft are smoke free.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to commercial watercraft.

Not Applicable
Not Applicable
Public transport facilities (waiting areas for mass transit)
Smoking is Restricted
“Smoking is Restricted”: Smoking is restricted in some way in the specified place or category of places. Restrictions could take one of the following forms: (1) smoking is restricted , under the national law, to “smoking rooms”, “smoking areas”, and/or during specified times in the specified place or category of places; (2) under the national law(s), smoking is restricted or prohibited in some types of places, within the category but not in all types of places within the category; or (3) where a country regulates public smoking primarily at the sub-national level, smoking is restricted or prohibited in the specified place or category of places in some sub-national jurisdictions but not in other sub-national jurisdictions.
Analysis

The Smoking Ordinance authorizes the Director of Health to designate public transport terminals as no smoking areas. The Smoking Regulations contain a schedule with an extensive list of public transportation terminals. This list covers all indoor public transportation facilities in Hong Kong except for airports, which have designated smoking areas.

Because there are limited exceptions to the smoking ban (hotel rooms, designated areas in airports and correctional/detention facilities, and tasting rooms in cigar shops), the law does not align with FCTC Art. 8 and the FCTC Art. 8 Guidelines. The law does not provide for 100% smoke free indoor workplaces and public places and therefore does not provide effective or universal protection against tobacco smoke exposure. To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should require all parts of all indoor public places and workplaces to be 100% smoke free.

Not Applicable
Not Applicable
Hong Kong (SAR)
Does the law require any outdoor or quasi-outdoor spaces to be smoke free or restrict smoking in any way?
Yes
Yes
Not Applicable
Not Applicable
Hong Kong (SAR)
Post signs
No
No
Analysis

There is no duty imposed upon business owners, employers, or supervisors to post signs indicating that smoking is prohibited on the premises.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should impose a duty upon the owner, manager, or other person in charge of the premises to post clear signs at entrances and other appropriate locations indicating that smoking is not permitted.

Not Applicable
Not Applicable
Remove ashtrays
No
No
Analysis

There is no duty imposed upon business owners, employers, or supervisors to remove ashtrays from the premises.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should impose a duty upon the owner, manager, or other person in charge of the premises to remove ashtrays from the premises.

Not Applicable
Not Applicable
Steps to require a person to stop smoking (e.g., warn, discontinue service, call authorities)
No
No
Analysis

The Smoking Ordinance authorizes the manager of the premises to take steps to require a person to stop smoking; however, the Ordinance does not require the manager to do so and does not impose a fine on the manager for failure to do so.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, a duty to take reasonable steps to discourage individuals from smoking on the premises should be imposed upon the person in charge.

Not Applicable
Not Applicable
Not to smoke where prohibited
Yes
Yes
Analysis

The Fixed Penalty Ordinance imposes a fine of HK$1,500 on persons who smoke in no smoking areas.

Not Applicable
Not Applicable
Other
No
No
Not Applicable
Not Applicable
Hong Kong (SAR)
Are sub-national jurisdictions permitted to have smoke-free laws?
No
No
Not Applicable
Not Applicable