TOBACCO CONTROL LEGISLATION (AMENDMENT) BILL 2025
Deputy President, I believe everyone has heard the slogan “smoking is hazardous to health”. It is no exaggeration to say that smokers suffer various degrees of physical damage, which may also increase the burden on the public healthcare system, but their choice should also be respected. However, second-hand smoke, which is a mixture of the smoke produced by burning tobacco and the smoke exhaled by smokers, contains toxic smoke at concentrations even higher than those inhaled by smokers. Studies indicated that individuals exposed to second-hand smoke over extended periods face a higher risk of developing smoking-related diseases than smokers themselves. Therefore, the implementation of tobacco control policies by the Government can protect the legitimate rights and interests of non-smokers against the health hazards of smoke.
Many countries and regions around the world have implemented tobacco control measures of various degrees, including raising tobacco duty, totally banning promotions, regulating cigarette packaging, strictly controlling smoking in public places, establishing smoking cessation support systems, and so on. These measures are widely adopted internationally, and data confirmed that they could indeed help control smoking prevalence in the region. The Tobacco Control Legislation (Amendment) Bill 2025 (“the Bill”) under deliberation today continues to adopt this proven effective approach to further establish tobacco control measures tailored to Hong Kong’s social context.
In fact, certain tobacco control measures currently implemented in some countries are worthy of consideration and reference. Singapore, as the country with the strictest tobacco control policies in Southeast Asia, achieved a record-low smoking prevalence rate of 8.8% in 2023. One of the measures adopted is progressively raising the legal smoking age to 21. As a matter of fact, a major reason why some teenagers start smoking is their misconception that smoking is a stylish and desirable trend. Teenagers, who have yet to establish proper values, are easily influenced by the so-called trend and take the first step towards smoking. This misconception has existed for years. If we use publicity methods and strategies that resonate more with the younger generation, we can diminish the hidden appeal of smoking, thereby discouraging teenagers from trying to smoke.
The ban on smoking in public areas is one of Russia’s primary tobacco control measures. The definition of public areas in that country even covers balconies in private residences, which means smoking on the balcony of one’s own home is also against the law. Prohibiting smoking in public places is a highly necessary and effective tobacco control measure, but it must be made clear that smoking is not an unforgivable crime. Members of the public, particularly the elderly, often find it difficult to quit smoking, and it remains their own choice whether to consume tobacco. Traditionally, residences should be considered private spaces where people should retain the freedom to smoke. I believe this does not conflict with the tobacco control measures being implemented now.
One of the provisions of the Bill empowers the Secretary for Health to extend the no-smoking areas (“NSAs”). For example, the Government may extend NSAs to, say the entire West Kowloon Cultural District or Tsim Sha Tsui. This will cover larger areas where there may be people from different nationalities and industries. We must acknowledge that people of different ethnicities and from different countries perceive smoking differently. Currently, dedicated smoking areas are provided in public premises, such as the airport and high-speed rail station where people typically spend longer time. If the Government designates large NSAs, it should consider maintaining this practice in the areas, meaning a limited number of dedicated enclosed smoking zones could be set up based on the size of the NSAs, so as to allow smokers to satisfy their cravings to a limited extent without affecting non-smokers.
In addition, the Bill proposes to increase the fixed penalty for smoking offences from the current HK$1,500 to HK$3,000. Raising the cost of violation can enhance deterrence, but effective enforcement is necessary for the implementation of the legislation. At the meetings of the Bills Committee, Members raised concerns regarding the Tobacco and Alcohol Control Office’s enforcement staffing arrangements and suggested using technology to assist in enforcement. In fact, Shenzhen introduced “smoking detectors” as early as in late 2019, which can specifically detect the odour of tobacco, identify offenders, transmit anomalies to the backend system for verification before issuing a penalty notice directly. This addresses the current manpower shortfall in identifying smokers and resolves the difficulties faced by enforcement officers in persuading violators. Hong Kong’s high population density means that many smokers can blend into the crowd and smoke illegally. The situation is quite serious in core areas such as Mong Kok and Causeway Bay. The Government could consider adopting Shenzhen’s approach and use technology to further strengthen enforcement efforts.
Apart from conventional cigarettes, new types of cigarette-like products such as e-cigarettes and chewing smokeless tobacco products continue to emerge in the market. These products are like “sugar-coated bullets” that may diminish the negative image of smoking, thereby weakening vigilance among young people. However, the harm that these products cause to health is no different from that of conventional cigarettes. While the Bill has already imposed strict regulations on alternative tobacco products (“ASPs”), the Government should closely monitor whether new cigarette-like products in the market, and continuously update and enrich the definition of ASPs to enable timely regulation. The Government should also focus on educating young people and their parents about the danger of ASPs, so as to prevent them from falling into traps out of confusion.
Tobacco control regulations vary around the world. As an international city, Hong Kong attracts people from different countries and regions, as well as many visitors, including smokers. It is, therefore, necessary to provide visitors with detailed information about our latest tobacco control regulations, so as to prevent them from inadvertently breaching the law. The airport, high-speed rail station and land boundary control points are primary entry points into Hong Kong, and hotels are the main accommodation for visitors. The Government could put up large posters at these locations or require premises to provide necessary reminders, so as to render visitors fully aware of our current regulations and facilitate compliance.
The ultimate objective of tobacco control is not to eradicate tobacco, but to make health an easier choice for the public through policies and systems. Overall, tobacco control essentially represents a choice made by modern society based on scientific evidence, economic theory and ethical responsibility. Its legitimacy stems from the social contract spirit that public health takes precedence over personal freedom to smoke. This demonstrates a governance upgrade from passive response to disease to active public health system development, and serves as a key indicator of the civilization level of the region. Therefore, I support the Bill.
Regarding the amendments proposed by the Government, which primarily clarify certain technical powers, I will also support them. As for the amendments proposed by Members, I personally believe that negative vetting should be maintained. Should the Legislative Council hold different views, subsequent adjustments can still be made. Concerning the debate on flavourings and additives, we had a final round of debate on this matter yesterday. The Government has clarified that the specific provisions will not affect conventional tobacco products currently sold on the market. Therefore, I will not support the amendments.
I so submit.