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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

Note 1The 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 2Please click here for LCSD venues where smoking is prohibited

Note 3Even 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 ORDINANCEPublic areas inside the public housing estates managed by the Housing Department
Chapter 374 ROAD TRAFFIC ORDINANCECar parks
Chapter 388 OCEAN PARK CORPORATION ORDINANCEThe non-smoking areas inside Ocean Park
Chapter 577 TUNG CHUNG CABLE CAR ORDINANCEThe non-smoking areas inside the cable car system linking Tung Chung and Ngong Ping
Chapter 556 MASS TRANSIT RAILWAY ORDINANCEMTR areas
Chapter 483 AIRPORT AUTHORITY ORDINANCEThe 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 ORDINANCEChina 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) ORDINANCEAreas of the Modern Terminals
Chapter 1038 NORTH POINT WHARVES LIMITED ORDINANCEBuildings 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.

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Last update: 6 Sep 2019
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