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Government Introduces Proposed Legislative Amendments into LegCo to Implement Smoking Ban in All Construction Sites

HK

Government Introduces Proposed Legislative Amendments into LegCo to Implement Smoking Ban in All Construction Sites
HK

HK

Government Introduces Proposed Legislative Amendments into LegCo to Implement Smoking Ban in All Construction Sites

2026-05-19 12:10 Last Updated At:12:57

Government introduces proposed legislative amendments into LegCo to implement smoking ban in all construction sites

The Government today (May 19) introduced three legislative amendments into the Legislative Council (LegCo), including the Smoking (Public Health) Ordinance (Amendment of Schedule 2) Order 2026 (Amendment Order), the Fixed Penalty (Smoking Offences) (Specification of Authorities and Public Officers) (Amendment) Notice 2026 (Amendment Notice), and the Construction Sites (Safety) (Amendment) Regulation 2026 (Amendment Regulation). The above legislative amendments would impose clear legal obligations on principal contractors of construction works, subcontractors and any persons to strictly prohibit smoking in all construction sites, with a view to reducing fire risks and safeguarding the safety of workers and the public.

The Central Government Complex of HKSAR, Photo source: reference image

The Central Government Complex of HKSAR, Photo source: reference image

The Government will publish the Amendment Order and the Amendment Notice in the Gazette on May 22. The Amendment Order designates construction sites as no smoking areas and the Amendment Notice specifies Occupational Safety Officers (OSOs) of the Labour Department to carry out enforcement work related to all smoking offences in construction sites under the Fixed Penalty (Smoking Offences) Ordinance (Cap. 600). Any person smoking in a construction site commits an offence. OSOs can issue a fixed penalty notice under Cap. 600 to offenders with a fixed fine of $3,000. The Amendment Order is applicable to all types of construction sites, including building maintenance sites, except domestic premises and private quarters that are being occupied by their residents for residential purposes.

Meanwhile, the Amendment Regulation requires that contractors and subcontractors must take all reasonable steps to ensure that no person smokes or carries a lighted specified smoking product; or uses a naked light for lighting a specified smoking product in a construction site. Otherwise, those violating the Amendment Regulation are liable on conviction to a maximum fine of $400,000.

The Amendment Order and the Amendment Notice will be subject to the negative vetting procedure, while the Amendment Regulation will be subject to the positive vetting procedure.

The Government will strive to facilitate the scrutiny work of the LegCo and looks forward to the LegCo's support for early passage of the three legislative amendments, enabling the Government to implement the smoking ban in all construction sites as soon as possible.

The Legislative Council (LegCo), Photo source: reference image

The Legislative Council (LegCo), Photo source: reference image

Employers, contractors and employees should be aware of electrical safety at work during rainstorms

As the rainstorm warning has been issued by the Hong Kong Observatory, the Labour Department (LD) reminds employers and contractors that they should adopt necessary work arrangements and take suitable safety measures to protect the safety of their employees when they are carrying out electrical work or handling electrical plant.

A spokesman for the LD said today (May 19) that employers and contractors should avoid assigning employees to carry out electrical work (such as electric arc welding work) or handle electrical plant at places affected by rainstorms, and should refer to the "Code of Practice in Times of Adverse Weather and 'Extreme Conditions'" and the "Guide on Safety at Work in times of Inclement Weather" issued by the LD.

Even if electrical work is carried out or electrical plant is handled at places not affected by a rainstorm, suitable safety measures must still be adopted to prevent an electric shock as the air would be more humid. Such measures include:

(i) Ensure that all live parts of an electrical installation are isolated from the power supply source and rendered dead, and the isolation from the power supply source must be maintained as long as electrical work is being carried out;

(ii) Before carrying out any electrical work or handling any electrical plant, cut off and lock out the power supply source, then test the circuit concerned to confirm that it is dead and display suitable warning notices, and issue a work permit thereafter;

(iii) Ensure that protective devices (such as suitable and adequate fuses and circuit breakers) for the electrical installations or electrical plant have been installed and maintained in good working order, and portable electric tools must be double-insulated or properly earthed;

(iv) Provide suitable personal protective equipment such as insulating gloves and insulating mats for employees; and

(v) If live electrical work is unavoidable, a comprehensive risk assessment should be conducted by a competent person and the appropriate safety precautions should be taken to remove or properly control the electrical hazards involved before such work can proceed.

In addition, employees should co-operate with the employer or contractor to follow the safety instructions and use the safety equipment provided.

The LD has published guidebooks and leaflets on electrical work safety. These safety publications are available free from divisional offices of the department or can be downloaded from its website (www.labour.gov.hk/eng/public/content2_8.htm).

Should there be any questions about occupational safety and health matters, please contact the Occupational Safety Officer of the LD at 2559 2297.

Source: AI-found images

Source: AI-found images

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