I believe ICAC may have been doing something and I will keep everyone informed for any development. Meanwhile, I will deal with management office to see if there is any improvement can be done smoothly. and I will work with friends to handle legal cases against unfair practice if there is something unsolved, and we demand refund back to owners, and request better practice of management office, etc. As an owner or residents, I hope everyone can support our action to fight for your own rights and interest. Thanks.
I have a shop in Central and the MTR is managing the said building. For some reason they are recently applying some rule in putting stuff outside your shop which obstruct the common areas and they have started to clear the common areas. The thing we noticed is that the MTR Management is targeting some shop owners and not implementing on all the shops in the said building. I know it is unfair for applying a rule to some and not to others. How do we seek for equal rights for this particular situation?
We also noticed that the MTR Management in our building is allowing people smoking inside the common areas. How do we complain this?
No Smoking Areas - Started from 1 January 2007 onwards (
http://www.smokefree.hk/cosh/ccs/detail.xml?lang=en&fldrid=225)
Indoor Workplaces Include any parts for working, taking meals or rest
Statutory No Smoking Areas (
http://www.tco.gov.hk/english/legislation/legislation_sa.html)
With effect from 1 January 2007, statutory no smoking areas have been extended to cover the indoor areas of all restaurant premises, indoor workplaces, public indoor places, and some public outdoor places in accordance with the amended Smoking (Public Health) Ordinance (Cap. 371). No person shall smoke or carry a lighted cigarette, cigar, or pipe in no smoking areas.
Restaurants, Shops, and Other Premises
a. Under Section 3 and Schedule 2 of the amended Smoking (Public Health) Ordinance (Cap. 371), indoor areas of all restaurant premises are designated as no smoking areas, regardless of the number of indoor seating provided.
b. The Ordinance also designates the following premises and shop areas as no smoking areas: cinemas, theatres, concert halls, and amusement game centres. Furthermore, indoor areas in any shops, department stores, shopping malls, publicly or privately operated markets, supermarkets, banks, bars, karaoke establishments, mahjong-tin kau premises, bathhouses and massage establishments are are designated no smoking areas.
Indoor Workplaces
a. Indoor areas of all workplaces are designated no smoking areas under Section 3 and Schedule 2 of the amended Smoking (Public Health) Ordinance (Cap. 371), regardless for the purpose of self-employed or being employed, including any part of the place that is set aside for use during any intervals for taking a meal or rest. Examples include shops, offices, workshops, or public areas in the workplaces.
Public Transport Facilities
Public Transport Carriers and Other No Smoking Areas
a. No person shall smoke or carry a lighted cigarette, cigar, or pipe in a public transport carrier under section 4 of the Smoking (Public Health) Ordinance (Cap. 371). Public transport carriers include any public bus, public light bus, taxi, Mass Transit Railway train, Kowloon-Canton Railway train, light rail vehicle, tramway car, peak tramway car, or ferry vessel. The driver, conductor, inspector, ticket collector, or managers of any public transport carrier are empowered in enforcing tobacco control measures.
b. Section 3 and Schedule 2 of the amended Smoking (Public Health) Ordinance (Cap. 371) also designate the following areas as no smoking areas: any public lifts, escalators, child care centres, schools, and specified educational establishments including post secondary colleges, technical colleges or technical institutes, industrial training centres or skill centres, universities, the Hong Kong Academy for Performing Arts. Furthermore, the no smoking area in escalators and the above school areas include both outdoor and indoor perimeters.
c. Statutory no smoking areas also include hospitals, maternity homes, residential care homes, treatment centres, and any communal quarters, approved institutions where probationers are placed, place of detention, place of refuge, and reformatory school.
Public Outdoor Places
a. Certain public outdoor places are designated as statutory no smoking areas under section 3 and Schedule 2 of the amended Smoking (Public Health) Ordinance (Cap. 371), including escalators, public pleasure grounds, bathing beaches and the vicinities including adjacent barbeque areas as well as public swimming pools and the vicinities including sidewalks, diving boards, and spectator stands.
b. Furthermore, Hong Kong Wetland Park, the running tracks, sidewalks, and spectator’s stands at Hong Kong Stadium and Mong Kok Stadium are also designated statutory no smoking areas.
Manager of the premises is any person who is responsible for the management of the statutory no smoking area or public transport carrier, including the assistant manager and any person holding an appointment analogous to that of a manager. Furthermore, managers of statutory no smoking areas should place no smoking signs in a prominent position to remind the public that the premises are statutory no smoking areas. Managers should maintain such signs in good order.
Section 3(3) of the Smoking (Public Health) Ordinance empowers the manager of a no smoking area to enforce the relevant law to ensure no person shall smoke in the premises he manages. If the manager finds anyone smoking in a no smoking area, the manager may
a. request the smoker to extinguish the lighted cigarette, cigar, or pipe;
b. if the smoker is not cooperative and continues to smoke, the manager may request the smoker to leave the no smoking area, or request the smoker to provide his name, address, and documentary proof of identity; or
c. if the smoker refuses to cease smoking or refuses to leave the no smoking area, or refuses to provide his name, address or documentary proof of identity despite the manager’s request, the manager may call for police assistance if necessary.
Any person, who is requested to leave the no smoking area or removed from the no smoking area in violation of the above section, is not entitled to a refund of any admission fees or money for entering to the premises or building.
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.
Shops Indoor areas
