Hong Kong Rethinks Construction Site Smoking Fine Amid Worker Concerns
Hong Kong authorities are considering a significant reduction in the proposed fine for smoking at construction sites, potentially settling on a fixed penalty of HK$3,000 (US$385) instead of a maximum of HK$150,000. The shift comes after concerns were raised by construction workers about the severity of the initially proposed penalty.
Secretary for Labour and Welfare Chris Sun Yuk-han explained on , that the original plan involved amending the Factories and Industrial Undertakings Ordinance to allow courts to determine the maximum fine. However, the government is now exploring a more fixed approach.
“While many construction workers have expressed agreement with the comprehensive smoking ban on construction sites … they have raised concerns, stating that if the maximum penalty is set at HK$150,000, they’ll feel apprehensive,” Sun said. He acknowledged the validity of these concerns, stating, “Certain concerns are valid. We must allow more time to thoroughly consider the details, work through the specifics and ensure each step is viable.”
The proposed ban on smoking at construction and building-maintenance sites is a direct response to the deadly fire at Wang Fuk Court in Tai Po in November. The blaze occurred while the building was undergoing renovations.
Sun indicated the government is “actively looking at” aligning the fine with the existing HK$3,000 penalty outlined in the Smoking (Public Health) Ordinance. He expressed optimism that the industry would support this revised approach.
Under the proposed legislation, contractors and subcontractors could face legal action if workers are caught smoking on site. However, employers may be able to avoid liability if they can demonstrate they have taken adequate steps to prevent smoking, such as providing clear no-smoking signage, designated cigarette disposal points, and CCTV monitoring. Failure to implement such measures could lead to prosecution.
The proposed changes are expected to be submitted to the Legislative Council early next month. If approved, employers could still face fines of up to HK$400,000 ($52,000) for violations, though the likelihood of such a high penalty being levied appears to be decreasing.
Recent amendments to Hong Kong’s tobacco control laws, which took effect in September 2025, have also increased penalties related to illicit cigarettes. The fixed penalty for failing to declare illicit cigarettes has been raised from HK$2,000 to HK$5,000 ($260 to $650).
In a separate case, a man was sentenced to six months’ imprisonment on , for illegally importing 40,000 alternative smoking products – including e-cigarettes and heated tobacco items – into Hong Kong. The Department of Health stated this sentence serves as a strong deterrent. Since the tougher tobacco control amendments were implemented, the Tobacco and Alcohol Control Office has prosecuted 15 similar cases, resulting in 17 offenders being jailed for up to six months.
Authorities have reiterated that importing, selling, or possessing alternative smoking products for commercial purposes is illegal and can result in fines of up to HK$2 million ($260,000) and imprisonment for up to seven years.
