Govt considers lowering construction site smoking fine to $3,000 fixed penalty

Secretary for Labour and Welfare Chris Sun Yuk-han says the government is reviewing the proposed HK$150,000 maximum fine for smoking on construction sites and may align it with the HK$3,000 fixed penalty for smoking in public places to ease workers’ concerns.

A construction union survey showed over half of workers support a total smoking ban on sites, but nearly 70 percent view the HK$150,000 fine as too harsh. The union suggests a fixed fine instead.

Sun noted broad consensus on banning smoking at sites. The original plan involved amending the Factories and Industrial Undertakings Ordinance, with fines up to HK$150,000 imposed by courts.

To address worker worries, authorities are now considering a fixed fine, likely matching the HK$3,000 under the Smoking (Public Health) Ordinance. This would require amending both that law and occupational safety rules; details pending.

Employers must take reasonable steps to prevent smoking on-site or face penalties. Current rules allow Labour Department to ban smoking only at high fire-risk sites after individual assessments, which cannot cover all locations.

The revised law, once passed, will take immediate effect.