Press Releases
Fixed Penalty (Smoking Offences) Bill 2008 gazetted
The Fixed Penalty (Smoking Offences) Bill 2008 was gazetted today (February 6).
The bill seeks to deal more effectively with the offence of smoking or carrying
a lit cigarette, cigar or pipe in a statutory no smoking area or a transport
carrier. The bill could also help better utilise the resources of the Government
and the courts.
Under the bill, the fixed penalty level for smoking offences is proposed at
$1,500. This is on par with the fine level for public cleanliness offences which
also have public health implications. This is also the penalty level that
attracted majority support in the Government's public consultation.
The Deputy Secretary for Food and Health, Mrs Ingrid Yeung, said that
introducing a sufficiently high standard fixed penalty level, together with the
obligation to pay the penalty more promptly, would be a stronger deterrent and
would convey a more consistent message on the Government's determination to
enforce the smoking ban.
Under existing arrangements for prosecution proceedings, it could take up to
three months after the day of the offence before a defendant appears in court.
Under the proposed fixed penalty system, a person given a fixed penalty notice
for smoking offences has to make payment in 21 days. When the payment is
settled, the person is no longer liable to be prosecuted or convicted for that
offence.
"With the implementation of the fixed penalty system for smoking offences,
enforcement officers could then take more enforcement action, which would
increase the strength and effectiveness of our whole enforcement strategy. There
may be a reduction of court's workload if offenders are ready to pay the fines
without fighting the cases," Mrs Yeung said.
At present, tobacco control inspectors of the Tobacco Control Office (TCO) and
police officers are empowered to enforce the smoking ban under the Smoking
(Public Health) Ordinance. Under the bill, the Food and Health Bureau would
further empower specified public officers of the Leisure and Cultural Services
Department, the Food and Environmental Hygiene Department and the Housing
Department to issue fixed penalty notices within some of their premises to
offenders.
Mrs Yeung said the empowerment of officers of these departments to issue fixed
penalty notices was meant to complement the work of the TCO to further step up
the enforcement strength. It would not overtake their current work priorities.
Mrs Yeung urged people to co-operate with the law enforcement officers. She
pointed out that if the law enforcement officers intended to issue a fixed
penalty ticket or summons to an individual, they were empowered by the bill to
request the individual to provide documentary proof of identity. Refusal to do
so would constitute a breach of the law under the bill, with the offender liable
to a maximum fine of $10,000.
Law enforcement officers may call for the assistance of the Police where
necessary. If the individual concerned only provided documentary proof of
identity upon the request of the Police, he/she would be charged with refusal to
provide documentary proof of identity by the law enforcement officers and the
smoking offence would be prosecuted by way of summons. The individual concerned
would be tried in Court for two charges. If the individual refused to provide
documentary proof of identity even upon request of the Police, he/she would be
further charged with obstructing the law enforcement officers in their
enforcement actions, and the maximum penalty would be a fine of $25,000 and six
months' imprisonment.
The bill will be introduced into the Legislative Council on February 20.
Ends/Wednesday, February 6, 2008
Issued at HKT 16:12
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