The Construction Sites (Safety) (Amendment) Regulation 2026 was gazetted and came into effect today (July 17). In addition, the Smoking (Public Health) Ordinance (Amendment of Schedule 2) Order 2026 and the Fixed Penalty (Smoking Offences) (Specification of Competent Authority and Public Officers) (Amendment) Notice 2026, both gazetted on May 22 last year, also took effect today. These three legislative amendments impose clear legal responsibilities on principal contractors, subcontractors, and any persons on construction sites, requiring a comprehensive smoking ban across all construction sites to reduce fire risks and protect the safety of workers and the public.
All types of construction sites, including those for building repair, maintenance, or renovation works, have been designated as no-smoking areas. Areas within residential premises or private dormitories that are currently occupied by residents are excluded from the ban.
Labour Department occupational safety officers have been empowered to enforce all smoking offences on construction sites. Any person found smoking on a construction site will be issued a fixed penalty notice immediately without prior warning. Offenders will be subject to a fixed penalty of HK$3,000.
Contractors and subcontractors on construction sites are required to take all reasonable steps to ensure that no one uses an open flame to light, smokes, or carries lit smoking products on the site. Offenders convicted by the court may face a maximum fine of HK$400,000.
The Labour Department has conducted a series of publicity and education campaigns over the past few months to inform the construction industry and the public about the smoking ban, including displaying advertisements on mobile apps, bus bodies, and MTR stations, broadcasting promotional videos on television and social media platforms, airing radio messages, and organising seminars. The department will continue to use multiple publicity channels to raise awareness of the law among contractors, subcontractors, workers, and the general public. The Labour Department will also maintain ongoing communication with the construction industry to facilitate discussions on reasonable steps that can be taken to enforce the smoking ban and help contractors comply with the law to improve site fire safety.
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