Editorial | Fixed penalty can spark reduction in smoking on Hong Kong construction sites
Imposing a predetermined fine for smoking on construction sites should improve safety and ensure greater compliance
Residents of the buildings had long complained about workers smoking. Even in the wake of the tragedy, cigarette butts are still being found at other sites. It is clear that a stronger deterrent is needed. Secretary for Labour and Welfare Chris Sun Yuk-han said on February 3 that officials had planned to amend the Factories and Industrial Undertakings Ordinance, which allows a court to impose a fine of up to HK$150,000 (US$19,200).
Sun said that while many construction workers had voiced agreement with the comprehensive smoking ban on construction sites, they also balked at the idea of a huge penalty.
Authorities have rightly pivoted to a fixed penalty of HK$3,000 that aligns with the Smoking (Public Health) Ordinance. The step down in severity could prove to be a step up for safety if it is a relatively more enforceable and immediate way to punish lawbreakers.
Hong Kong Construction Industry Employees General Union chairman Chau Sze-kit pointed out that the original proposal would have required court proceedings. Workers would need to take a day off to respond.
Industry officials fear apprehension about penalties could erode support and compliance with the planned ban. Judges can also hand down fines much lower than the maximum. The fixed penalty amount is seen as more effective since it still adds up to more than a day’s pay for most workers and tickets could be issued on the spot by inspectors.