DH continues to clamp down on illegal smoking in no smoking areas
The Tobacco and Alcohol Control Office (TACO) of the Department of Health (DH) continued to clamp down on illegal smoking in no smoking areas by conducting another enforcement operation, codenamed "Cloudcrush", in Tsim Sha Tsui last night (September 10) and issued a total of three fixed penalty notices (FPNs).
During the operation, officers from TACO (including plainclothes officers) carried out inspections and enforcement action at bars in the vicinity of Tsim Sha Tsui area, and issued a total of three FPNs to persons illegally smoking waterpipes and cigarette, as well as possessing an e-cigarette capsule. TACO's investigation is ongoing, and prosecution may also be taken against operators of the bars that are suspected of aiding and abetting smoking offences. TACO will also refer the cases to the Liquor Licensing Board for appropriate follow-up action.
Under the Smoking (Public Health) Ordinance (Ordinance), conducting a smoking act in a statutory no smoking area (such as indoor areas of bars or restaurants) is prohibited. The Ordinance also prohibits the possession of specified alternative smoking products (ASPs) (including e-cigarette capsules, liquids, heat sticks and herbal cigarettes) in public places. Any person contravening the above provisions is liable to a fixed penalty of $3,000. 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 2024 to date, the DH issued a total of over 300 fixed penalty notices for smoking waterpipe tobacco illegally in indoor no smoking areas, in addition to around 150 summonses to staff of the bars for aiding and abetting smoking in indoor no smoking areas.
"Members of the public must not try or continue consuming ASPs or waterpipes based on the misconception that these products contain less harmful substances. On the contrary, ASPs have been proven to emit numerous toxic substances that can lead to addiction, illness, or even death. A waterpipe is also a smoking product, and its combustion of fuel (e.g. charcoal) releases carbon monoxide. 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. People should seek medical attention immediately if they suspect they are developing symptoms of carbon monoxide poisoning," said the Head of TACO, Dr Manny Lam.
He stressed that TACO will continue to closely monitor and rigorously enforce the law against illegal activities such as waterpipe smoking in no smoking areas, illegal sales and promotions of smoking products, as well as illegal imports of ASPs.
Dr Lam urged smokers to quit smoking as early as possible for their own health and that of others. Members of the public may call the DH's Integrated Smoking Cessation Hotline on 1833 183, or visit TACO's website for information on smoking cessation.
The Tobacco and Alcohol Control Office (TACO) of the Department of Health continued to clamp down on illegal smoking in no smoking areas by conducting another enforcement operation, codenamed "Cloudcrush", in Tsim Sha Tsui last night (September 10) and issued a total of three fixed penalty notices. Photo shows a waterpipe seized by TACO officers during the operation. Source: HKSAR Government Press Releases
20 persons arrested during anti-illegal worker operations
The Immigration Department (ImmD) mounted a series of territory-wide anti-illegal worker operations codenamed "Twilight", a joint operation with the Hong Kong Police Force codenamed "Champion" and a joint operation with Hong Kong Customs, the Hong Kong Police Force, the Food and Environmental Hygiene Department and the Leisure and Cultural Services Department, etc, from September 4 to yesterday (September 10). During the anti-illegal worker operations, ImmD officers raided multiple target locations including restaurants, hair salons and retail stores. Seventeen suspected illegal workers, one suspected employer and two overstayers were arrested. The arrested suspected illegal workers comprised 10 men and seven women, aged 24 to 50. Among them, four men were holding recognisance forms which prohibit them from taking any employment, and two women were suspected of using and being in possession of a forged Hong Kong identity card. A man, aged 51, was suspected of employing the illegal workers and was also arrested. The arrested overstayers were two women aged 38 and 50. An investigation into the suspected employers is ongoing, and the possibility of further arrests is not ruled out.
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 warned, "As stipulated in section 38AA of the Immigration Ordinance, 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 is prohibited from taking any employment, whether paid or unpaid, or establishing or joining any business. Offenders are liable upon conviction to a maximum fine of $50,000 and up to three years' imprisonment. As stipulated in section 20(1)(a) of the Immigration Ordinance, the Chief Executive may make a deportation order against an immigrant, prohibiting the immigrant from being in Hong Kong at any time thereafter if the immigrant has been found guilty in Hong Kong of an offence punishable by imprisonment for not less than two years. Under the prevailing laws, it is an offence to use or possess a forged identity card or an identity card related to another person. Offenders are liable to prosecution and upon conviction face a maximum fine of $100,000 and up to 10 years' imprisonment."
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 185 185, fax at 2824 1166, emailanti_crime@immd.gov.hk, or submit the "Online Reporting of Immigration Offences" form atwww.immd.gov.hk.
20 persons arrested during anti-illegal worker operations Source: HKSAR Government Press Releases
