Legislators set fixed penalty for smoking at HK$1,500

Updated: 2008-07-03 07:26

By Teddy Ng(HK Edition)

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Legislators yesterday passed a bill to introduce a fixed fine of HK$1,500 for smoking in no-smoking areas. But a timetable for its introduction has yet to be set.

Offenders of the law are required to settle the payment within 21 days.

Those who fail to do so will be served with a notice requiring them to pay the fine within 10 days. Those who fail to comply will face imprisonment.

The territory-wide smoking ban was introduced in 2007. Under the law, people smoking in no-smoking areas are liable to a maximum fine of HK$5,000 upon conviction.

However, the court has only imposed fines of between HK$50 and HK$2,000 on the 10,000 convicted offenders so far.

Secretary for Food and Health York Chow said imposing a fixed fine can help save resources.

"The new arrangement will cost the government and court less time and resources and will allow tobacco control inspectors to enforce the law more efficiently," he said.

He added that the amount of the penalty is acceptable to most community members.

But Chow said there is not a timetable for introducing the fixed penalty as the government needs to finish publicity and administrative work.

Democratic Party legislator Andrew Cheng suggested that offenders should be allowed to choose between paying the fine and undergoing treatment that would help them quit the habit.

He added the lower class and elderly cannot afford the fine.

"If you allow offenders to undergo treatment, then conflicts between the smokers and inspectors can be minimized. More smokers will also be encouraged to quit," he said.

But Legislative Council president Rita Fan rejected the suggestion, saying it was outside the scope of the bill.

Meanwhile, Chow said the Tobacco Control Office will hire more staff.

Apart from that, he revealed the government will transfer inspectors at the office who are non-civil servants into the civil service in a bid to reduce their turnover rate.

"We are aware of the difficulties faced by the tobacco control inspectors," he said, adding that the number of inspectors has increased from 34 in the 2006/07 financial year to the current 85.

(HK Edition 07/03/2008 page1)