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Bill to promote smoke-free indoor workplaces and public places to be gazetted
The Smoking (Public Health) (Amendment) Bill 2005 that seeks to provide better
protection against secondhand smoking in indoor workplaces and public places as
well as restrict advertisement and promotion of tobacco products will be
gazetted on Friday (April 29).
Speaking on the bill, a government spokesman said today (April 27) that there
have been international calls as well as local support from the majority of the
public for more stringent control over the use and promotion of tobacco
products.
"There is a pressing need to amend the Smoking (Public Health) Ordinance on
public health ground," the spokesman added.
Under the existing legislation, smoking is prohibited in certain indoor public
places such as shopping malls, supermarkets, banks and department stores.
In view of the costs and health risks of secondhand smoking, the bill proposes
to extend the statutory smoking ban to cover other indoor areas such as
restaurants, bars, karaoke establishments, mahjong premises, commercial
bathhouses, universities and post-secondary institutions, residential care homes
for the elderly, workplaces and public places.
"After consultation with the affected trades, we consider that transitional
arrangements are necessary to facilitate compliance with the new statutory
requirements.
"The bill provides a 90-day adaptation period from the enactment of the bill for
premises affected by the expansion of statutory no smoking areas.
"In view of the time needed for legislative procedures, we expect the statutory
no smoking requirement of the additional premises may come into effect in 2006."
As there is a need to enhance the visual impact and deterrent effect of health
warnings on the package of tobacco products, the bill also requires packets or
retail containers of tobacco products to bear health warnings (with pictorial
and graphic contents), the prescribed area of which should at least be 50 per
cent of the principal surface areas of the packet/container of any tobacco
product.
On penalty, the spokesman noted the fine of $5,000 on summary conviction as
stipulated in the existing ordinance would be maintained.
The spokesman said the Government has no plan at present to introduce a fixed
penalty system but the concerned authorities would continue to carefully monitor
and review the situation.
To address the concern on tobacco control, the Tobacco Control Office (TCO) of
the Department of Health would enhance its present strength of about 30 staff by
an addition of around 30 staff.
It would also realign its work of the entire team to undertake new enforcement
duties, publicity and education work.
"There will be sufficient manpower to undertake enforcement duties when the new
legislation comes into effect," the spokesman said.
The total expenditure of the TCO in 2005-06 would be $17.5 million. Besides, a
total of $11.1 million will also be allocated to the Hong Kong Council on
Smoking and Health for promotional and educational activities in respect of
building a smoke-free community.
The bill will give exemption to private residence, hotel rooms, smoking rooms in
airport passenger terminals and correctional institutions.
"These premises will be exempted from the smoking ban on security, privacy and
enforceability grounds," the spokesman said.
The bill will be introduced into the Legislative Council on May 11.
Ends/Wednesday, April 27, 2005
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