Last updated: August 8, 2022
Key Terms
Second Hand Smoke (or similar term)
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. . . .”
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)
Smoking or Smoke
Smoking: inhaling and expelling-
(a) in relation to a conventional smoking product- the smoke of tobacco generated from the product;
(b) in relation to an alternative smoking product- the aerosol generated from the product.
Smoking act: smoking or carrying-
(a) a lighted cigarette, cigar or pipe; or
(b) an activated alternative smoking product.
The definitions of "smoking" and "smoking act" align with the definition contained in the FCTC Art. 8 Guidelines.
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)
Public Place
Public place:
(a) any place to which for the time being the public are entitled or permitted to have access, whether on payment or otherwise; or
(b) a common part of any premises notwithstanding that the public are not entitled or permitted to have access to that common part or those premises.
The definition of “public places” aligns with the definition of “public place” in the FCTC Art. 8 Guidelines.
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)
Workplace
Workplace: a place –
(a) that is occupied for conducting a business or non-profit making undertaking; and
(b) in which natural persons work in the course of any self-employment, employment or engagement (whether for income or not),
including any part of the place that is set aside for use by those persons during any interval for taking a meal or rest.
The definition of “workplace” aligns with the definition in the FCTC Art. 8 Guidelines.
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)
Public Transport
Public transport carrier: any public bus, public light bus, taxi, train, light rail vehicle, car, tramcar or ferry vessel mentioned in Schedule 1.
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.
Any vehicle used for the carriage of members of the public, usually for reward or commercial gain. (FCTC Art. 8 Guidelines para. 22)
Indoor or Enclosed
Indoor:
(a) having a ceiling or roof, or a cover that functions (whether temporarily or permanently) as a ceiling or roof; and
(b) enclosed (whether temporarily or permanently) at least up to 50% of the total area on all sides, except for any window or door, or any closeable opening that functions as a window or door.
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.
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)
Tobacco Product
Smoking product:
(a) a conventional smoking product; or
(b) an alternative smoking product.
Conventional smoking product: any cigarette, cigarette tobacco, cigar or pipe tobacco.
Alternative smoking product: a product set out in Part 2 of Schedule 7.
The law defines the terms "smoking product," "conventional smoking product," and "alternative smoking product." These definitions are narrower than the FCTC definition of "tobacco product" because they encompass only the listed types of tobacco products. They do not encompass smokeless tobacco products nor other types of smokeable tobacco products, such as bidis, that may not yet be common in Hong Kong.
A definition of “tobacco product” should be provided in accordance with FCTC Art. 1(f).
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))
Public Pleasure Ground
Public pleasure ground: a public pleasure ground within the meaning of section 2(1) of the Public Health and Municipal Services Ordinance (Cap. 132).
The definition of “public pleasure ground” is significant because public pleasure grounds are designated as no-smoking areas under the Smoking Ordinance.
