What locations are “Statutory No Smoking Areas”?

Tobacco and Alcohol Control Office, Department of Health

In accordance with the Smoking (Public Health) Ordinance, the following areas are designated as ‘Statutory No Smoking Areas’. No person shall smoke or carry a lighted cigarette, cigar, or pipe in statutory no smoking areas, or else will be liable to a fixed penalty of $1,500.

Indoor Areas ^{(Note 1)}as No Smoking Areas	Indoor and Outdoor Areas as No Smoking Areas	Other No Smoking Areas
restaurants workplaces, offices indoor public areas (e.g. lift lobbies of private buildings, back stairs) footbridges shops, department stores, shopping malls, publicly or privately operated markets, supermarkets banks residential care homes, treatment centres communal quarters bars, nightclubs, mahjong-tin kau premises, bathhouses and massage establishments.	public lifts, escalators child care centres, schools, universities and tertiary institutes cinemas (including car cinemas), theatres, concert halls, amusement game centres hospitals Hong Kong Wetland Park public pleasure ground managed by the Leisure and Cultural Services Department (LCSD) (e.g. playgrounds, parks, sitting-out areas, stadia and sport grounds), but not including those areas designated as smoking areas ^{(Note 2)} public swimming pools and bathing beaches managed by LCSD Hong Kong Stadium, Mongkok Stadium approved institutions where probationers are placed, reformatory schools and places of refuge	public transport carriers ^{(Note 3)} Indoor public transport interchanges or public transport facilities designated as no smoking areas

Note 1：The definition of “Indoor Areas” is：

having a ceiling or roof, or a cover that functions (whether temporarily or permanently) as a ceiling or roof, and
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

Note 2：Please click here for LCSD venues where smoking is prohibited

Note 3：Even there is no passenger on the vehicle, public light bus & taxi drivers cannot smoke inside the vehicle.

In addition to the Smoking (Public Health) Ordinance, there are other legislation related to smoking ban. Venue managers have also been conferred with powers by the relevant ordinances to enforce the smoking ban. The following are the major no smoking areas governed by the law -

Ordinance	Statutory No Smoking Area
Chapter 283 HOUSING ORDINANCE	Public areas inside the public housing estates managed by the Housing Department
Chapter 374 ROAD TRAFFIC ORDINANCE	Car parks
Chapter 388 OCEAN PARK CORPORATION ORDINANCE	The non-smoking areas inside Ocean Park
Chapter 577 TUNG CHUNG CABLE CAR ORDINANCE	The non-smoking areas inside the cable car system linking Tung Chung and Ngong Ping
Chapter 556 MASS TRANSIT RAILWAY ORDINANCE	MTR areas
Chapter 483 AIRPORT AUTHORITY ORDINANCE	The Restricted Area, passenger terminal building, ground transportation centre, public transport facilities or the public car parks inside the Hong Kong International Airport (except in an area designated by the Authority as a smoking area).
Chapter 313 SHIPPING AND PORT CONTROL ORDINANCE	China Ferry Terminal, Hong Kong-Macau Ferry Terminal, the public air-conditioned area of Tuen Mun Pier
Chapter 1023 HONGKONG AND KOWLOON WHARF AND GODOWN COMPANY LIMITED (BY-LAWS) ORDINANCE	Areas of the Modern Terminals
Chapter 1038 NORTH POINT WHARVES LIMITED ORDINANCE	Buildings inside North Point Wharves

If you have any enquiry on the classification of the above no smoking areas or relevant enforcement issues, please check with the venue managers of the respective locations. For other legislation related to tobacco control, please click here.

Last update: 9 Jul 2020

Want to learn more?

Visit

GovHK

ask 1823