A bill to impose a fixed-penalty fine on people caught illegally lighting up under the Smoking (Public Health) Ordinance was passed by the Legislative Council yesterday.
Smokers caught in no-smoking areas will be given a fixed fine of HK$1,500, to be settled within 21 days. If the offenders fail to settle the fine in time, they will receive a letter requiring payment within another 10 days. But if they still fail to do so, a court order will be issued.
The bill also gave officers of the Leisure and Cultural Services Department, the Housing Department and the Food and Environmental Hygiene Department the power to issue the tickets to complement the efforts of the Tobacco Control Office. Three thousand officers from the three departments will join 85 tobacco control officers in enforcing the law.
Under the smoking ban, which came into force in January last year, offenders are summonsed to court, where they can be fined up to HK$5,000, but are usually fined about HK$700.
Tobacco Control Office inspectors are empowered only to collect evidence on offences and to issue summonses, but are not empowered to make arrests. Under the new legislation officers will have the power to issue fixed-penalty tickets.
Democratic legislator Andrew Cheng Kar-foo was disappointed that his proposed amendment allowing offenders to spend the fine on a quitting course was rejected.
The proposed amendment was dismissed by Legislative Council president Rita Fan Hsu Lai-tai on Monday. She ruled that it was irrelevant to the Fixed Penalty (Smoking Offences) Bill.
