A. Smoking Bans and No-Smoking Areas

A. Smoking Bans and No-Smoking Areas

Apart from circumstances prescribed by law, Hong Kong does not impose a blanket ban on smoking, and members of the public may smoke in areas that are not statutory no‑smoking areas.

Smoking offences

Under sections 3, 4, 4A and 4B of the Smoking (Public Health) Ordinance (Cap. 371), it is an offence for any person, whether smoking or merely carrying a lighted cigarette, cigar or pipe, or an activated alternative smoking product, in a statutory no smoking area, on any public transport, or while waiting to board public transport or to enter the relevant premises.

Under the Fixed Penalty (Smoking Offences) Ordinance (Cap. 600), enforcement officers may issue a fixed penalty notice to offenders. The fixed penalty is $3,000.

The offender must pay the fixed penalty within 21 days from the date of issue of the fixed penalty notice. If the fixed penalty is not paid within the specified period, the department will issue a demand notice (Form 2) reminding the offender to pay the penalty within 10 days from the date of issue of that notice.

The offender must pay the penalty before the expiry of the deadline, or notify the authority of his intention to dispute liability for the offence in writing, or by completing and returning the notification form attached to Form 2. Otherwise, the offender may be liable for recovery of the original fixed penalty, an additional penalty of an equivalent amount, and the legal costs.

The disputed case will be handled by the court. If, after the court’s ruling, the penalty remains unpaid, the offender will be required to pay, in addition to the original penalty, an additional penalty of an equivalent amount and the legal costs.

Enforcement powers

The manager of the premises is a person responsible for managing a statutory no‑smoking area or public transport carrier, or the owner of the relevant premises. Under section 3 (3) of the Smoking (Public Health) Ordinance, when someone is found smoking in a no‑smoking area, the manager may require that person to stop smoking immediately. If the person does not cooperate, the manager may require him to leave the no‑smoking area and may request his name, address and identity document. Where necessary, the manager may use reasonable force to remove the person from the no‑smoking area and detain him, and may call the police for assistance.

No‑smoking areas

Under section 3 and Division 1 of Part 1 of Schedule 2 of the Smoking (Public Health) Ordinance (Cap. 371), statutory no‑smoking areas cover the vast majority of indoor public places, workplaces, public transport carriers, and many types of outdoor facilities. With effect from 1 January 2026, the coverage of no‑smoking areas is further expanded to include the three‑metre area outside the entrances and exits of designated premises, as well as situations where people are queuing.

Main Categories of No-Smoking Areas

Prohibition on smoking while queuing

A person must not smoke in any of the following situations:

1. While queuing at a designated boarding location to wait for public transport (such as buses, minibuses, taxis, trams, etc.), whenever there are 2 or more people in the queue.
2. While staying within the designated area of a boarding location (such as areas underneath bus shelters, inside areas where queuing positions are clearly indicated at ground level, or areas with queue railings etc.).
3. While queuing in a group of 2 or more people to enter a designated venue, or while queuing inside such a venue. Examples include: cinemas, theatres or concert halls, civic centres, community halls, community centres, activity centres or other community facilities, hospitals, museums, public recreational grounds, public swimming pools, specified clinics or health centres, and stadia.

Designated smoking areas

In some public recreational grounds managed by the Leisure and Cultural Services Department, limited designated smoking areas may be delineated. At present, only Tung Chau Street Park has a designated smoking area.