DH continues to clamp down on illegal waterpipe smoking in no smoking areas
The Tobacco and Alcohol Control Office (TACO) of the Department of Health (DH) continued to clamp down on illegal waterpipe smoking in no smoking areas by conducting another enforcement operation, codenamed "Pipepurge", in Mong Kok last night (July 24) and officers issued a total of 11 fixed penalty notices (FPNs).
During the operation, officers from TACO (including plainclothes officers) carried out inspections and enforcement action at one bar in Mong Kok, and issued a total of 11 FPNs to persons illegally smoking waterpipes. TACO's investigation is ongoing, and prosecution may also be taken against the operators of the bar who are suspected of aiding and abetting the smoking offences. TACO will also refer the cases to the Liquor Licensing Board for appropriate follow-up action.
Under the Ordinance, conducting a smoking act in a statutory no smoking area (such as indoor areas of bars or restaurants) is prohibited. Any person engaged in an act of smoking in statutory no smoking areas is liable to a fixed penalty of $1,500. Moreover, where smoking products (including waterpipes) are sold, in bars or otherwise, the restrictions on the promotion and sale of smoking products stipulated in the Ordinance apply. Offenders are liable on summary conviction to a maximum fine of $50,000. Venue managers of statutory no smoking areas are empowered by the Ordinance to request a smoking offender cease the act; if the offender is not co-operative, the manager may contact the Police for assistance.
In addition, under the Criminal Procedure Ordinance, any person who aids, abets, counsels or procures the commission by another person of any offence shall be guilty of the same offence.
"During the inspections conducted from January 2023 to March 2025, the DH issued a total of 305 fixed penalty notices for smoking waterpipe tobacco illegally in indoor no smoking areas, in addition to 170 summonses to the staff of the bar for aiding and abetting smoking in indoor no smoking areas. The DH will continue to closely monitor such activities and take stringent enforcement actions against smoking behaviors such as waterpipe smoking in no smoking areas, as well as the illegal sale and promotion of smoking products," said the Head of TACO, Dr Manny Lam.
Dr Lam reminded the public that waterpipe is a smoking product, and its combustion of fuel (e.g. charcoal) releases carbon monoxide. Exposure to a low concentration of carbon monoxide can lead to a range of symptoms such as dizziness, headache, tiredness and nausea; whereas exposure to a high concentration of carbon monoxide can lead to impaired vision, disturbed co-ordination, unconsciousness, brain damage or even death. People should seek medical attention immediately if they suspect they are developing symptoms of carbon monoxide poisoning.
A typical one-hour waterpipe smoking session exposes the user to 100 to 200 times the volume of smoke inhaled from a single conventional cigarette. Moreover, sharing a waterpipe apparatus increases the risk of transmitting infectious diseases, such as tuberculosis.
He cautioned against waterpipe smoking and the use of other smoking products. Smokers should quit smoking as early as possible for their own health and that of others. For more information on the hazards of waterpipe smoking, please visit www.livetobaccofree.hk/pdfs/waterpipe_leaflet_new.pdf.
DH continues to clamp down on illegal waterpipe smoking in no smoking areas Source: HKSAR Government Press Releases
DH continues to clamp down on illegal waterpipe smoking in no smoking areas Source: HKSAR Government Press Releases
Seven persons arrested during anti-illegal worker operation
The Immigration Department (ImmD) mounted an anti-illegal worker operation codenamed "Contribute" today (January 15).During the operation, ImmD Task Force officers raided premises under renovation in a newly built public housing estate in Sheung Shui district.A total of six suspected illegal workers and one suspected employer were arrested. Thearrested suspected illegal workers comprise six men, aged 22 to 41. Furthermore, one man, aged 45, suspected of employing the illegal workers, was also arrested. An investigation into the suspected employers is ongoing, and the possibility of further arrests is not ruled out.
Apart from mounting the enforcement operation, ImmD officers and a promotional vehicle have been deployed to distribute "Don't Employ Illegal Workers" leaflets and convey the message in the estate.
An ImmD spokesman said, "Any person who contravenes a condition of stay in force in respect of him or her shall be guilty of an offence. Also, visitors are not allowed to take employment in Hong Kong, whether paid or unpaid, without the permission of the Director of Immigration. Offenders are liable to prosecution and upon conviction face a maximum fine of $50,000 and up to two years' imprisonment. Aiders and abettors are also liable to prosecution and penalties."
The spokesman stressed that it is a serious offence to employ people who are not lawfully employable. Under the Immigration Ordinance, the maximum penalty for an employer employing a person who is not lawfully employable, i.e. an illegal immigrant, a person who is the subject of a removal order or a deportation order, an overstayer or a person who was refused permission to land, has been significantly increased from a fine of $350,000 and three years' imprisonment to a fine of $500,000 and 10 years' imprisonment to reflect the gravity of such offences. The director, manager, secretary, partner, etc, of the company concerned may also bear criminal liability. The High Court has laid down sentencing guidelines that the employer of an illegal worker should be given an immediate custodial sentence.
According to the court sentencing, employers must take all practicable steps to determine whether a person is lawfully employable prior to employment. Apart from inspecting a prospective employee's identity card, the employer has the explicit duty to make enquiries regarding the person and ensure that the answers would not cast any reasonable doubt concerning the lawful employability of the person. The court will not accept failure to do so as a defence in proceedings. It is also an offence if an employer fails to inspect the job seeker's valid travel document if the job seeker does not have a Hong Kong permanent identity card. Offenders are liable upon conviction to a maximum fine of $150,000 and to imprisonment for one year. In that connection, the spokesman would like to remind all employers not to defy the law by employing illegal workers. The ImmD will continue to take resolute enforcement action to combat such offences.
Under the existing mechanism, the ImmD will, as a standard procedure, conduct an initial screening of vulnerable persons, including illegal workers, illegal immigrants, sex workers and foreign domestic helpers, who are arrested during any operation with a view to ascertaining whether they are trafficking in persons (TIP) and/or forced labour victims. When any TIP and/or forced labour indicator is revealed in the initial screening, the ImmD officers will conduct a full debriefing and identification by using a standardised checklist to ascertain the presence of TIP and/or forced labour elements. Identified TIP and/or forced labour victims will be provided with various forms of support and assistance, including urgent intervention, medical services, counselling, shelter or temporary accommodation and other supporting services. The ImmD calls on TIP and/or forced labour victims to report crimes to the relevant departments immediately.
For reporting illegal employment activities, please call the dedicated hotline 3861 5000, by fax at 2824 1166, email to anti_crime@immd.gov.hk, or submit "Online Reporting of Immigration Offences" form at www.immd.gov.hk.
Seven persons arrested during anti-illegal worker operation Source: HKSAR Government Press Releases
Seven persons arrested during anti-illegal worker operation Source: HKSAR Government Press Releases
