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Section III (1AB) of Smoking (Public Health) Ordinance (Cap. 371) empowers the Director of Health to, by notice published in Gazette, designate as a non-smoking area (NSA) the whole or a part of. Public transport facilities are: -
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any area that consists of the termini of 2 or more modes of public transport and is used for effecting and facilitating interchange between them; or
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any bus terminus of more than one specified route as defined in section 2 of the Public Bus Services Ordinance (Cap.230).
No person shall smoke or carry a lighted cigarette, cigar or pipe in designated no smoking areas, or else will be liable to a fixed penalty of $1,500.
* According to the Smoking (Public Health) Ordinance (Cap. 371), all indoor public places are no smoking areas. "Indoor" means having a ceiling or roof, or a cover that functions (whether temporarily or permanently) as a ceiling or roof; and enclosed (whether temporarily or permanently) at least up to 50% of the total area on all sides, except for any window or door, or any closeable opening that functions as a window or door.
Please refer to the Smoking (Public Health) (Designation of No Smoking Areas) Notice (Cap. 371D) for details of designated no smoking areas in public transport facilities. The full text of the Notice can be accessed at the Bilingual Law Information System of the Department of Justice.(www.legislation.gov.hk)
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