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Dan Kadison

In less than a week there won't be any ifs, ands or butts as the final phase of the smoking ban goes into effect. But lawbreakers  may be able to breathe a sigh of relief for an extra day or two.
At the stroke of midnight next Wednesday,  smoking will no longer be permitted in bars, nightclubs, clubs, massage establishments, mahjong parlours and bathhouses.
Summonses, however, won't instantly be given to offenders because the tobacco control inspectors never rush to the scene when they're called with a complaint.
 Instead, the inspectors will plan for an operation before inspecting and investigating any venue, said  Ronald Lam Man-kin,  head of the Tobacco Control Office, the agency in charge of overseeing enforcement.
 The time it takes inspectors to show up 'depends upon the complexity of the situation', he said. 'We may have a site inspection beforehand. It can vary from a few days to a week.' 
Dr Lam added: 'It's not an instant response. It's impracticable.' He said his office 'is adopting our usual mode of operation enforcement'.
'When we plan for an operation, it's not really just going to a place. We have to see whether or not we can bundle other types of premises together, in order to maximise the efficiency of our operation, and, also, sometimes we have to deploy some [inspectors] from doing one operation to another.'
The punishment for lighting up in a smoke-free establishment can be as much as HK$5,000, but the largest penalty a judge has ever handed down is half that amount, Dr Lam said, with an average of about HK$800. In September, the penalty will be changed to a fixed HK$1,500 ticket, which is open to appeal.
But only smokers who break the law will receive a summons - not the manager or landlord of the venue where the offender lights up.
Since 2007, tobacco control inspectors have handed out more than 13,000 summonses to people who were caught smoking in prohibited areas.
'We will inspect and investigate every complaint. We will not miss any one complaint,' Dr Lam said.  The Tobacco Control Office's inquiry and complaint hotline is 2961 8823. 
A last-ditch attempt by a League of Social Democrats lawmaker, Albert Chan Wai-yip,  to delay the smoking ban by two years failed last month. He had argued that the ban would hurt businesses already hit hard by the financial crisis.
Dr Lam reminded people to be law-abiding when stopped by an inspector. There have been 10 cases of  inspectors being assaulted since 2007, he said. 
Meanwhile, Dr Lam said the next major anti-smoking step would be in September, when some public transport interchanges, such as a bus terminus containing more than one route, would go smoke-free.
10 things you need to know
1 The last phase of the smoking ban goes into effect right on the stroke of midnight on July 1. Over 1,300 establishments - including bars, nightclubs, massage establishments, mahjong premises and bathhouses - will go smoke-free.
2 People can still smoke on balconies or patios at these places, but the overhang must not cover more than 50 per cent of the outdoor space.
3 Just stubbing out a lit cigarette in a smoke-free establishment can result in a summons. 
4 Since 2007 there have been over 13,000 summonses issued for smoking offences.
5 An offender can be fined up to HK$5,000, but the biggest penalty handed out so far has been HK$2,500. In September, summonses will be replaced by fixed tickets of HK$1,500.
6 Of all those served with summonses for breaking the smoking law since 2007, less than 1 per cent were tourists.  
7 There are 85 tobacco control inspectors. There will be 14 more by the end of March next year. Starting in September, members from other departments will be called in to help issue tickets.
8 The Tobacco Control Office's operations run 24 hours a day. There are overnight operations. 
9 Smoking rooms are illegal - other than at the airport.
10 There have been 10 cases of physical assault against inspectors since 2007.
Source: Tobacco Control Office




A few last gasps of freedom for smokers before full tobacco ban comes into effect