Hong Kong proposes blanket smoking ban on construction sites, seeking to penalise workers, contractors

2026-03-24 - 11:43

The Hong Kong government has unveiled its proposal for a blanket smoking ban on construction sites, seeking to impose hefty fines and possible jail time for workers and contractors. A construction worker in Hong Kong. Photo: Kyle Lam/HKFP. Smoking regulations, which are currently site-specific based on fire risk assessments, will be amended to cover all construction sites – both indoor and outdoor areas, the Labour and Welfare Bureau and the Labour Department said in a document submitted to the Legislative Council. “Since the tragic fire which occurred in Tai Po in November 2025, there has been [a] strong community consensus for implementing a comprehensive smoking ban in construction sites,” the labour authorities said. The amendments, to be presented at the legislature’s manpower panel on Monday, “could mitigate the fire risk associated with smoking in construction sites and protect persons in construction sites from exposure to secondhand smoke,” the authorities said. Under the proposed regulations, workers who smoke on construction sites will be given a fixed penalty of HK$3,000. The amended law will also impose “clear legal obligations” on contractors to take all reasonable steps to ensure no person smokes or lights a smoking product on a construction site. A contractor who violates that provision may face a maximum fine of HK$400,000. In “serious circumstances,” such as when a worker smokes in the vicinity of highly flammable substances that pose “a catastrophic fire risk,” the government will consider prosecuting the proprietor or employee involved under the Factories and Industrial Undertakings Ordinance Wang Fuk Court in Tai Po, pictured on November 28, 2025, in the aftermath of the fatal blaze. Photo: Kyle Lam/HKFP. Under the ordinance, a proprietor convicted of an offence is liable to a fine of HK$3 million, whereas an employee is liable on conviction to a fine of HK$150,000, with both facing six months’ imprisonment. The Labour Department “is working at full speed” to amend the legislation and introduce legislative amendments to LegCo for deliberation by mid-2026, the government said. Smoking ‘most likely’ cause In January, in the wake of the deadly fire, labour minister Chris Sun said the government had started working on a legislative proposal for a sweeping smoking ban at construction sites. Wang Fuk Court, a government-subsidised housing estate in Tai Po, was undergoing a large-scale renovation when a fire broke out in late November, killing 168 people and displacing thousands of residents. The fatal blaze was “most likely” caused by smoking, a public inquiry heard last week. “An inter-departmental investigation team has concluded that it was most likely that someone lit a cigarette, which set flammable items... ablaze,” Victor Dawes, lead lawyer for the independent committee tasked with investigating the fire, said on Thursday. A clip played at the hearing showed workers smoking on a rooftop at Wang Fuk Court last November. Dawes also said that residents had reported the issue to contractors and authorities for some time, to no avail.