Hong Kong Mulls HK$3,000 Fixed Penalty for Smoking on Construction Sites as Part of Expanded Tobacco Controls
Authorities consider aligning construction site smoking fines with existing statutory penalties amid safety concerns following a deadly blaze
Hong Kong authorities are considering introducing a fixed penalty of HK$3,000 for smoking on construction sites as part of broader efforts to tighten tobacco control and improve occupational safety.
Secretary for Labour and Welfare Chris Sun Yuk-han said the proposal is under active review after industry feedback raised concerns about earlier plans that proposed much higher maximum fines under the Factories and Industrial Undertakings Ordinance.
The move comes against the backdrop of expanded anti-smoking measures already in effect across the city, which took effect at the start of this year and saw the fixed penalty for many smoking offences double to HK$3,000.
This alignment with the existing level under the Smoking (Public Health) Ordinance is intended to provide clarity and consistency in enforcement.
Mr. Sun said that construction workers broadly supported a comprehensive smoking ban on worksites but expressed apprehension about the prospect of facing maximum fines of up to HK$150,000 if offences were adjudicated in court.
In response, officials are exploring legislation that could allow for a straightforward fixed penalty, reducing uncertainty for workers while maintaining deterrence.
The government is also considering how any changes would interact with both the Occupational Safety and Health Ordinance and the Smoking (Public Health) Ordinance, with further details to be worked out before formal proposals are announced.
The consideration of the HK$3,000 fine is part of a wider tobacco control agenda in Hong Kong that has seen a series of regulatory upgrades.
From January 1, smoking has been prohibited in additional public spaces, including near public transport queues and within three metres of entrances to hospitals and schools, and enforcement agencies have issued numerous fixed-penalty notices under the revised rules.
Public health officials emphasise that the overarching goal is to protect both workers and the wider public from the harms of secondhand smoke while ensuring that enforcement remains effective and proportionate.
Secretary for Labour and Welfare Chris Sun Yuk-han said the proposal is under active review after industry feedback raised concerns about earlier plans that proposed much higher maximum fines under the Factories and Industrial Undertakings Ordinance.
The move comes against the backdrop of expanded anti-smoking measures already in effect across the city, which took effect at the start of this year and saw the fixed penalty for many smoking offences double to HK$3,000.
This alignment with the existing level under the Smoking (Public Health) Ordinance is intended to provide clarity and consistency in enforcement.
Mr. Sun said that construction workers broadly supported a comprehensive smoking ban on worksites but expressed apprehension about the prospect of facing maximum fines of up to HK$150,000 if offences were adjudicated in court.
In response, officials are exploring legislation that could allow for a straightforward fixed penalty, reducing uncertainty for workers while maintaining deterrence.
The government is also considering how any changes would interact with both the Occupational Safety and Health Ordinance and the Smoking (Public Health) Ordinance, with further details to be worked out before formal proposals are announced.
The consideration of the HK$3,000 fine is part of a wider tobacco control agenda in Hong Kong that has seen a series of regulatory upgrades.
From January 1, smoking has been prohibited in additional public spaces, including near public transport queues and within three metres of entrances to hospitals and schools, and enforcement agencies have issued numerous fixed-penalty notices under the revised rules.
Public health officials emphasise that the overarching goal is to protect both workers and the wider public from the harms of secondhand smoke while ensuring that enforcement remains effective and proportionate.
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