 in Hong Kong has issued 11 fixed penalty notices for illegal waterpipe smoking in a Tsim Sha Tsui bar, highlighting the ongoing efforts to combat this practice.){kind=link}
17th August 2024 – (Hong Kong) The Tobacco and Alcohol Control Office (TACO) in Hong Kong has issued 11 fixed penalty notices for illegal waterpipe smoking in a Tsim Sha Tsui bar, highlighting the ongoing efforts to combat this practice.
The Tobacco and Alcohol Control Office (TACO) of the Department of Health (DH) conducted an enforcement operation against illegal waterpipe smoking activities in no smoking areas in Tsim Sha Tsui District on 16th August. During the operation, TACO officers, including plainclothes personnel, issued eleven fixed penalty notices (FPNs) to individuals found illegally smoking waterpipes at a bar.
TACO’s investigation is ongoing, and prosecution may be pursued against the bar operators for potential violations of the Smoking (Public Health) Ordinance (Cap. 371) and the Criminal Procedure Ordinance (Cap. 221) for aiding and abetting smoking offences. The Liquor Licensing Board has also been notified of the violation.
The Smoking (Public Health) Ordinance prohibits smoking in statutory no smoking areas, including indoor areas of bars and restaurants. Offenders face a fixed penalty of HK$1,500. The Ordinance also applies restrictions to the promotion and sale of smoking products, including waterpipes, in bars and other establishments. Venue managers are empowered to request smoking offenders to cease their actions and may contact the Police for assistance if the offender is uncooperative.
The Criminal Procedure Ordinance stipulates that anyone who aids, abets, counsels, or procures the commission of an offence by another person is guilty of the same offence. A DH spokesperson urged bar and restaurant operators and managers to refrain from assisting individuals in breaching smoking prohibitions or providing waterpipe apparatus and tobacco to customers.
The DH spokesperson emphasised that TACO will investigate every complaint regarding illegal smoking and conduct inspections and enforcement actions at the relevant venues. Joint inspections and enforcement actions, including plainclothes operations, will be conducted with other law enforcement agencies to enhance the effectiveness of law enforcement.
The DH will continue to monitor and take stringent enforcement actions to address illegal waterpipe smoking. In the past 12 months, TACO conducted 105 operations against illegal waterpipe smoking activities in no smoking areas, issuing 145 FPNs to smoking offenders and 74 summonses to staff members and operators of bars and restaurants for related offences.