Legislation on comprehensive smoking ban on construction sites takes effect in Hong Kong

HONG KONG -- The Construction Sites (Safety) (Amendment) Regulation 2026 took effect, upon gazettal, on Friday, according to a press release published by the Hong Kong Special Administrative Region (HKSAR) government.

In addition, the Smoking (Public Health) Ordinance (Amendment of Schedule 2) Order 2026 and the Fixed Penalty (Smoking Offences) (Specification of Authorities and Public Officers) (Amendment) Notice 2026 published in the gazette on May 22, also took effect Friday.

The three pieces of legislative amendments imposed clear legal obligations on principal contractors and subcontractors of construction sites and any persons on construction sites to prohibit smoking at all construction sites, in a bid to reduce fire risks and safeguard the safety of workers and the public.

Under the legislation, Occupational Safety Officers (OSOs) of the Labor Department of the HKSAR government have been empowered to carry out enforcement work related to all smoking offenses on construction sites.

OSOs will immediately issue a fixed penalty notice, without prior warning, to any person who commits a smoking act on a construction site. Offenders are liable to a fixed fine of HK$3,000 (about $382.63).

Contractors and subcontractors of construction sites are also required to take all reasonable steps to ensure that no person uses a naked light for lighting, smokes or carries a lighted smoking product on a construction site. Offenders are liable on conviction to a maximum fine of HK$400,000.

Meanwhile, the Labor Department will soon issue revised codes of practices (CoPs) on scaffolding, including setting out the material requirements for scaffolding toe-boards to ensure the materials used are of sufficient strength to prevent workers and objects from falling from scaffolds, while also reducing fire risks.

Moreover, CoPs will outline the requirements for protective screens in accordance with the relevant requirements, further ensuring that the protective materials meet the required fire retardant performance standards.