Tobacco ban flouted at many venues Upstairs rooms in many cafes in the city's entertainment districts are being turned into illicit smoking dens in defiance of anti-smoking laws that took effect in January. Guided to venues in Mong Kok, Causeway Bay and Tsim Sha Tsui by internet forums, smokers are able to indulge their habit over food and drink away from the public gaze. The practice, described by an anti-tobacco campaigner as a 'big hole' in the enforcement system, is growing despite efforts by over-stretched inspectors to enforce the smoking ban. A South China Morning Post reporter who visited one such upstairs retreat posing as a customer saw people lighting up and being offered ashtrays despite the walls being plastered with 'no smoking' signs. Ten to 15 customers were smoking during the reporter's visit. The smokers carried their packets of cigarettes into the room and lit up before placing their orders, seeming to know beforehand that they were allowed to do so. Asked if smoking was allowed in the cafe, a waiter replied cautiously, 'Yes, secretly', and then he asked if an ashtray was needed. The chairman of the Council on Smoking and Health, Homer Tso Wei-kwok, expressed shock at the practice. 'It's a defect in the enforcement system, a big hole,' he said. 'The venue operator should have responsibility to ensure nobody is smoking.' The Tobacco Control Office said 15 summonses had been issued to smoking offenders found in upstairs cafes since January 1. All complaints would be investigated and inspectors would take action against offenders found during inspections, it said. The office said its inspectors also advised venue managers on their legal obligations and how to enforce the ban. However, under the anti-smoking ordinance the venue manager could not be prosecuted for allowing people to smoke, the office said. Medical-sector legislator Kwok Ka-ki called for more departments to get involved to help the control office enforce the law. 'The [control office] certainly needs to do more work, but at the same time they don't have enough resources so I hope other departments would help,' he said. 'But I hope the office can still do more spot checks.' Mr Tso said the law was designed to protect the health of staff in public venues. 'They work eight hours a day there. They are being poisoned by the smoke and their health is at risk.' Smoke-free upstairs cafes like the People's Recreation Community in Causeway Bay banned smoking when it first opened in 2005, two years before it became the law, the manager said. 'Maybe because our cafe serves different types of customers, so far I have not had or heard any conflicts about smoking before, and most of our workers here don't smoke,' said Lai Pok, manager of the cafe. Where there's smoke As of August 29, the Tobacco Control Office had issued 15 summonses to smoking offenders in upstairs cafes. Month by month summonses issued by the office this year: January 88 February 100 March 199 April 180 May 302 June 295 July 304
