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Patsy Moy

Anti-smoking activists have voiced concerns over a legal loophole that exempts restaurants in shopping malls from the smoking ban.

This follows a request by the Health Department's Tobacco Control Office that a basement restaurant at Pacific Place, Admiralty, move its smoking area indoors. La Fourchette allows patrons to smoke on a 'terrace outside', which is inside the shopping mall.

The Hong Kong Council on Smoking and Health said this was only one example of loopholes in the  Smoking (Public Health) Ordinance, which banned smoking in all shopping malls from July 1, 1998, with the exception of eateries.

The council referred the Pacific Place case to the Tobacco Control Office.

The office said it sent officers to the restaurant on Saturday.  It said the officers had told the restaurant's manager of  'the public concerns about the hazards of second-hand smoke' and suggested the restaurant ensure a smoke-free indoor environment.

La Fourchette's manager could not be reached for comment.

Wan Wai-yee,   executive director of the  smoking council,  said the organisation did not want to target  one  eatery as many restaurants had a similar practice.

'This restaurant has shown that setting up smoking areas cannot protect the public from second-hand smoke,' Dr Wan said.

The government is now seeking to ban smoking in all eateries as early as January 1 next year but continues to receive strong opposition from restaurants and bar owners, who  have warned that a complete ban would seriously undermine their businesses.

Swire Properties, which manages Pacific Place, said it had not received any  complaints from shoppers. But one  shopper, Mary Chan, mother of a 12-month-old child,  was outraged by the restaurant's arrangements.

'I like shopping in Pacific Place and take my daughter with me because it is a smoke-free mall. No-smoking signs can be seen everywhere in the mall. The terrace belongs to the restaurant, but it is an  area where  shoppers should be able to have a bit of fresh air instead of inhaling second-hand smoke,' Ms Lam said.

Legislator Kwok Ka-ki,  chairman of the panel on health services, also accused the restaurant of being 'very selfish'.

'Legally, the restaurant has the power to determine the location of its smoking zone. But they should not have designated the smoking zone so close to the public area,' Dr Kwok said.



Second-hand smoke at Pacific Place eatery raises concerns