Last updated: August 8, 2022
Duties / Penalties
Post signs
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.
Remove ashtrays
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.
Steps to require a person to stop smoking (e.g., warn, discontinue service, call authorities)
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 to smoke where prohibited
The Fixed Penalty Ordinance imposes a fine of HK$1,500 on persons who smoke in no smoking areas.
