Hong Kong (SAR)

The Smoking Ordinance provides that no person shall smoke in a no smoking area. Schedule 2, Part 1 provides an extensive list of types of places that are smoke free including the catch-all provision, “an indoor area in a workplace or public place to the extent that it is not an area described in any other item in this Part.” The only exceptions to the smoking ban are set out in Schedule 2, Part 2, which permits smoking in hotel rooms, designated areas in airports and correctional/detention facilities, and tasting rooms in cigar shops. As these places are workplaces for some people, not all workplaces are smoke free. Therefore, the regulatory status code “Smoking is Restricted” is given.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should require all parts of all indoor public places and workplaces to be 100% smoke free.

The Smoking Ordinance provides that no person shall smoke in a no smoking area. Schedule 2, Part 1 provides an extensive list of types of places that are smoke free including the catch-all provision, “an indoor area in a workplace or public place to the extent that it is not an area described in any other item in this Part.” The only exceptions to the smoking ban are set out in Schedule 2, Part 2, which permits smoking in hotel rooms, designated areas in airports and correctional/detention facilities, and tasting rooms in cigar shops. As some of these places are public places, not all public places are smoke free. Therefore, the regulatory status code “Smoking is Restricted” is given.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should require all parts of all indoor public places and workplaces to be 100% smoke free.

Section 4 of the Smoking Ordinance prohibits smoking in a public transport carrier. Schedule 1 sets forth the public transport carriers in which smoking is prohibited, which includes all land and water public transport in Hong Kong. Schedule 1 provides for one very limited exception to the smoking ban: if a bus or taxi is hired as a whole by a private party, smoking is allowed in the vehicle. This exemption does not apply public buses operated under a franchise. This provision fails to provide protection to the bus and taxi drivers and non-smoking passengers in these circumstances. Because of the limited exception as it applies to taxis, the regulatory status code "Smoking is Restricted" is given.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should provide for 100% smoke free public transportation at all times.

Section 3(5) of the Smoking Ordinance specifically provides that “any premises that are owned or occupied by, or under the management and control of, the Government” are no smoking areas.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to government facilities.

The Smoking Ordinance provides that no person shall smoke in a no smoking area. Schedule 2, Part 1 provides an extensive list of types of places that are smoke free including the catch-all provision, “an indoor area in a workplace or public place to the extent that it is not an area described in any other item in this Part.” The only exceptions to the smoking ban are set out in Schedule 2, Part 2, and do not include private offices. Therefore, private offices are smoke free.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to private offices.

The Smoking Ordinance provides that no person shall smoke in a no smoking area. Schedule 2, Part 1 designates hospitals as no smoking areas.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to hospitals.

The Smoking Ordinance provides that no person shall smoke in a no smoking area. Schedule 2, Part 1 designates indoor areas in “residential care homes” as no smoking areas.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to public areas of residential healthcare facilities.

The Smoking Ordinance provides that no person shall smoke in a no smoking area. Schedule 2, Part 1 designates “treatment centers” as no smoking areas, which is interpreted as covering non-residential healthcare facilities. In addition, Schedule 2, Part 1 includes a catch-all provision that designates as non-smoking any “indoor area in a workplace or public place to the extent that it is not an area described in any other item in this Part.” This would cover non-residential healthcare facilities that do not fall in the category of “treatment centers.”

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to non-residential healthcare facilities.

The Smoking Ordinance provides that no person shall smoke in a no smoking area. Schedule 2, Part 1 designates “any child care center,” “any school,” and “any specified educational establishment” as no smoking areas; therefore, childcare facilities and preschools are smoke free.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to childcare facilities and preschools.

The Smoking Ordinance provides that no person shall smoke in a no smoking area. Schedule 2, Part 1 designates “any school” and “any specified educational establishment” as no smoking areas; therefore, primary and secondary schools are smoke free.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to primary and secondary schools.

The Smoking Ordinance provides that no person shall smoke in a no smoking area. Schedule 2, Part 1 designates “any school,” “any specified educational establishment,” and “any approved institution” as no smoking areas; therefore, universities and vocational facilities are smoke free.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to universities and vocational facilities.

The Smoking Ordinance provides that no person shall smoke in a no smoking area. Schedule 2, Part 1 designates any indoor areas in “any shop, department store, or shopping mall,” “any market (whether publicly or privately operated or managed),” and “any supermarket” as no smoking areas; therefore, the majority of shops are smoke free. However, smoking is allowed in tasting rooms in cigar shops and therefore, the regulatory status of “Smoking is Restricted” is given rather than “100% Smoke Free.”

To fully align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking in all shops.

The Smoking Ordinance provides that no person shall smoke in a no smoking area. Although cultural institutions are not addressed specifically, Schedule 2, Part 1 includes a catch-all provision that designates as non-smoking any “indoor area in a workplace or public place to the extent that it is not an area described in any other item in this Part.” This provision covers indoor cultural institutions and they are, therefore, smoke free.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to cultural facilities.

The Smoking Ordinance provides that no person shall smoke in a no smoking area. Schedule 2, Part 1 designates the following areas in stadiums as smoke free: any pitch, any running track, any sidewalk immediately adjacent to the pitch or running track, and any spectator stand. In addition, Schedule 2, Part 1 includes a catch-all provision that designates as non-smoking any “indoor area in a workplace or public place to the extent that it is not an area described in any other item in this Part.” Together, these provisions are interpreted as prohibiting smoking in all parts of all indoor stadiums and arenas.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to indoor stadiums/arenas.

The Smoking Ordinance provides that no person shall smoke in a no smoking area. Schedule 2, Part 1 designates “any restaurant premises” as a no smoking area.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to restaurants.

The Smoking Ordinance provides that no person shall smoke in a no smoking area. Schedule 2, Part 1 designates “any bar” and “any karaoke establishment” as no smoking areas. In addition, Schedule 2, Part 1 includes a catch-all provision that designates as non-smoking any “indoor area in a workplace or public place to the extent that it is not an area described in any other item in this Part.” Together, these provisions prohibit smoking in all bars, pubs, and nightclubs.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to bars, pubs, and nightclubs.

The Smoking Ordinance provides that no person shall smoke in a no smoking area. Although casinos are not address specifically, Schedule 2, Part 1 includes a catch-all provision that designates as non-smoking any “indoor area in a workplace or public place to the extent that it is not an area described in any other item in this Part.” This provision prohibits smoking in casinos.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to casinos.

The Smoking Ordinance provides that no person shall smoke in a no smoking area. Although public areas of hotels are not addressed specifically, Schedule 2, Part 1 includes a catch-all provision that designates as non-smoking any “indoor area in a workplace or public place to the extent that it is not an area described in any other item in this Part.” This provision is interpreted as prohibiting smoking in public areas in hotels. In addition, Schedule 2, Part 2 specifically exempts hotel rooms from no smoking requirements, implying that other parts of hotels are no smoking areas.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to public areas of hotels.

The Smoking Ordinance provides that no person shall smoke in a no smoking area. Hotel guest rooms are specifically exempt from no smoking requirements under Schedule 2, Part 2.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should require all parts of all indoor public places and workplaces to be 100% smoke free.

The Smoking Ordinance provides that no person shall smoke in a no smoking area. Schedule 2, Part 2 specifically exempts “an area in a correctional facility that is set aside for smoking by prisoners,” and “an area set aside by the Director of Immigration” in immigration detention facilities. Therefore, smoking is restricted in public areas of correctional and detention facilities.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should require all parts of all indoor public places and workplaces to be 100% smoke free.

Section 4 of the Smoking Ordinance prohibits smoking in a public transport carrier. Schedule 1 sets forth the public transport carriers on which smoking is prohibited (which includes all land and water public transport in Hong Kong). Schedule 1 provides for one very limited exception to the smoking ban: if a bus or taxi is hired as a whole by a private party, smoking is allowed in the vehicle. This exemption does not apply to public buses operated under a franchise. This provision fails to provide protection to bus and taxi drivers and non-smoking passengers in these circumstances.

Because of the very limited exception applying to private party hires of buses (taxis are analyzed separately), the regulatory status code "Smoking is Restricted" is given.

To fully align with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to trains, buses, and other shared ground transportation other than taxis, all means of public transport should be smoke free at all times.

Section 4 of the Smoking Ordinance prohibits smoking in a public transport carrier. Schedule 1 sets forth the public transport carriers on which smoking is prohibited (which includes all land and water public transport in Hong Kong). Schedule 1 provides for one very limited exception to the smoking ban: if a bus or taxi is hired as a whole by a private party, smoking is allowed in the vehicle. This exemption does not apply to public buses operated under a franchise. This provision fails to provide protection to bus and taxi drivers and non-smoking passengers in these circumstances.

Because of the very limited exception applying to private party hires of taxis, the regulatory status code "Smoking is Restricted" is given.

To fully align with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to taxis, all means of public transport should be smoke free at all times.

The Aviation Security Ordinance prohibits smoking in aircraft.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to commercial aircraft.

Section 4 of the Smoking Ordinance prohibits smoking in a public transport carrier. Schedule 1 sets forth the public transport carriers on which smoking is prohibited, which includes all land and water public transport in Hong Kong. Therefore, commercial watercraft are smoke free.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to commercial watercraft.

The Smoking Ordinance authorizes the Director of Health to designate public transport terminals as no smoking areas. The Smoking Regulations contain a schedule with an extensive list of public transportation terminals. This list covers all indoor public transportation facilities in Hong Kong except for airports, which have designated smoking areas.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should require all parts of all indoor public places and workplaces to be 100% smoke free.

Under Schedule 2, Part 2 of the Smoking Ordinance, smoking is prohibited in private quarters situated within “(a) a child care centre; (b) a school; (c) a specified educational establishment; (d) an approved institution; (e) a place of detention; (f) a place of refuge; (g) a reformatory school; (h) a hospital; (i) a maternity home.”

The Smoking Ordinance provides that no person shall smoke in a no smoking area. Schedule 2, Part 1 includes a catch-all provision that designates as non-smoking any “indoor area in a workplace or public place to the extent that it is not an area described in any other item in this Part.” The definition of public place includes “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.” Therefore, common areas of non-public access places are smoke free.