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Designated Smoke-Free Areas
Home > Legislation > Designated Smoke-Free Areas
 
  • Smoking (Public Health) (Amendment) Bill 2005 was gazetted on 27 October 2006. The amendment aims to provide protection against second hand smoking in indoor workplace and public places.
  • Under the newly amended Smoking (Public Health) Ordinance (Cap.371), the following areas or establishments will become designated no smoking areas with effect from 1 January 2007.
    (Information of designated no smoking areas shall be subjected to the original text of the Smoking (Public Health) Ordinance (Cap. 371) )


No Smoking Areas exist before 2007

Department stores

Shopping malls

Supermarkets

Banks

Cinemas

Theatres

Concert halls

Public lifts

Amusement game

Public transport carriers

Airport Passenger Terminal Building

No Smoking Areas - Started from 1 January 2007 onwards

No Smoking Area Details
Bars Indoor areas
Bathhouses Indoor areas
Night Clubs Indoor areas
Massage Establishments Indoor areas
Mahjong-tin kau premises Indoor areas
Whole or a part of public transport interchanges Any area that consists of the termini of 2 or more modes of public transport or any bus terminus of more than one specified route designated as a no smoking area by The Director of Health as published in the Gazette.
Indoor Workplaces Include any parts for working, taking meals or rest
Restaurant Premises Indoor areas
Karaoke Establishment Indoor areas
Shops Indoor areas
Escalators All those in indoor and outdoor areas with or without any sides being enclosed
Child care centres, schools, universities and post secondary schools Both indoor and outdoor areas
Residential Care Homes Indoor areas
Indoor public places Any place to which the public are entitled or permitted to have access, whether on payment or not
Indoor areas in markets Publicly or privately operated or managed
Hospitals Include indoor and outdoor areas
Stadiums

Hong Kong Stadium and Mong Kok Stadium, which include the follow areas: pitch, running track, sidewalk immediately adjacent to the pitch or running track and spectator stand

(section 2(1) of the Public Health and Municipal Services Ordinance (Cap. 132))

Public pleasure grounds

sports grounds, sports centres, sitting-out areas, children's playgrounds and etc., but not include those areas designated as a smoking areas.

(section 2(1) of the Public Health and Municipal Services Ordinance (Cap. 132))
Public swimming pools

swimming pool, sidewalk immediately adjacent to the swimming pool, diving board or other apparatus or facility adjoining the swimming pool and spectator stand.

(section 2(1) of the Public Health and Municipal Services Ordinance (Cap. 132))
Bathing beaches

any beach raft and any other thing on the surface of or above those waters, the shore covered with sand or stones, together with any structure, showering facilities or natural feature on such shore.

(Fourth Schedule to the Public Health and Municipal Services Ordinance (Cap. 132))

Areas specified as a barbecue areas, camp sites or children's play areas
(Section 107(30 of the Public Health and Municipal Services Ordinance (Cap.132))
The Hong Kong Wetland Park  
Communal quarters

Any premises that are the living accommodation provided by an employer to two or more employees, or to those employees and their families, whether or not any monetary consideration is received by the employer for providing the accommodation.

But not include:

1. Any room occupied exclusively by one employee, or by that employee and his family, within any such accommodation; and any such accommodation that is, or forms part of, the private dwelling of the employer or any other person.

2. The following premises among which the living accommodation is provided by an employer to one employee, or to that employee and his family (whether or not any monetary consideration is received by the employer for providing the accommodation) and the accommodation is occupied exclusively by that employee or by him and his family:

-  consists only of such accommodation and the common parts (if any) shared by such accommodation;

-  The accommodation is permanently and completely partitioned off from the remainder of child care centre, school, specified educational establishment, approved institution, place of detention, place of refuge, reformatory school, hospital or maternity home, within which the accommodation is situated; and none of any window, door or other closeable opening of the accommodation opens to an indoor part of that area (except a common part).

  • Indoor means having a ceiling or roof, or a cover that functions (whether temporarily or permanently) as a ceiling or roof; and at least 50% of the total area of all sides enclosed (whether temporarily or permanently), except for any window or door, or any closeable opening that functions as a window or door.

Source of Information: Tobacco Control Office, Department of Health



Related Document:

Effective Dates of Amendments (TCO, Department of Health)

Gazette Published on Friday, 27/10/2006 No. 43 Vol. 10 - Legal Supplement 1

Smoking (Public Health) Ordinance

Fundamentals of a Smokefree Workplace


 
 
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