Hong Kong - unions refuse to hand out penalty tickets for smoking..

September 9, 2009 - Starting on September 1st 2,200 staff from the Leisure and Cultural Service Department, 700 from the Food and Environmental Hygiene Department and 430 from the Housing Department will be responsible for handing out fixed-penalty tickets to those who smoke in premises and venues under their management - such as libraries, wet markets, beaches and housing estates.Two unions representing government workers said on Wednesday, September 2, 2009 their members were too busy to hand out fixed-penalty tickets to people violating Hong Kong’s anti-smoking laws.

“We’ve issued a statement to our members, urging them to do our original duties,” said Gary Cheung Siu-wing, chairman of the Leisure Service Staff General Union.
Saying that enforcing the smoking ban was not among their original duties, Cheung said there were not enough employees to complete even their normal work. Hence, they had no time to perform the extra duty.

Also opposing the extra duty is the Food and Environmental Hygiene Department’s Staff Rights Union. Its chairwoman, Li Mei-siu, said it would stage a demonstration in Central today before filing a complaint with the Legislative Council’s complaints division. She said staff would not be able to enforce the ban because of their existing workload and concerns about personal safety.

Mok King-po, the convenor of a coalition of Housing Department staff unions, said its members would accept the new role but more manpower and training should be given.

A spokesman from the Tobacco Control Office said staff were empowered to enforce the law whether or not their new warrant cards were ready.

The fixed penalty system for smoking offense came into operation on 1 September 2009. “Fixed Penalty (Smoking Offences) Bill” received the Third Reading at Legislative Council on 2 July 2008. Under the “Fixed Penalty (Smoking Offences) Ordinance”, smokers who light-up in the statutory no-smoking areas will be given a fixed penalty of HK$1,500. Officers of Tobacco Control Office, Food and Environmental Hygiene Department, Leisure and Cultural Services Department and Housing Department will have the power to issue fixed-penalty notice. Offenders of the law are required to settle the payment within 21 days. Those who fail to comply will face heavier penalty or even imprisonment. (
Fixed Penalty (Smoking Offences) Ordinance, Hong Kong Council on Smoking and Health)

Enforcement officers will issue a $1,500 (132.88EURO, 193.54USD) fixed penalty notice to anyone who smokes or carries a lighted cigarette, cigar, or pipe in any designated no-smoking area or public transport carrier. The Tobacco Control Office has drawn up guidelines for anti-smoking enforcement and drafted an operation manual on the fixed penalty system. Enforcement training seminars have been held since March for staff who will enforce the anti-smoking law.

No smoking signs will be displayed at the 48 covered designated public transport facilities - areas consisting of termini of two or more modes of public transport or bus termini of two or more specified bus routes. The ban has already been enforced in 43 indoor public transport facilities since January 2007. The Government is preparing to designate 130 open-air public transport facilities as no smoking areas.

The Tobacco Control Office has drawn up guidelines for anti-smoking enforcement and drafted an operation manual on the fixed penalty system. Enforcement training seminars have been held since March for staff who will enforce the anti-smoking law.

References: Fixed smoking penalty to launch Sept 1, news.gov.hk, 8/26/2009; Unions tell staff not to enforce smoking ban, Paggie Leung, South China Morning Post - Clean the Air Tobacco Blog, 9/1/2009.

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