Legislation on Comprehensive Smoking Ban on Construction Sites (Effective from 17 July 2026)

      The Legislative Council passed three legislative amendments to implement a comprehensive smoking ban on construction sites (Smoking Ban Legislative Amendments) on 15 July 2026 as follows:

i.    the Construction Sites (Safety) (Amendment) Regulation 2026 (Amendment Regulation),
ii.   the Smoking (Public Health) Ordinance (Amendment of Schedule 2) Order 2026 (Amendment Order), and
iii.  the Fixed Penalty (Smoking Offences) (Specification of Authorities and Public Officers) (Amendment) Notice 2026 (Amendment Notice) .

The Amendment Regulation takes effect, upon gazettal, on 17 July 2026. In addition, the Amendment Order and the Amendment Notice published in the Gazette on 22 May 2026, also take effect on the same day. The Smoking Ban Legislative Amendments take effect to impose clear legal obligations on principal contractors and subcontractors of construction sites and any persons on construction sites that smoking is prohibited on all construction sites, to reduce fire risks and safeguard the safety of workers and the public.

2.    The Smoking Ban Legislative Amendments include:

i.    All types of construction sites, including those for building repair, maintenance or renovation, are designated as no smoking areas, except for domestic premises or private quarters that are being occupied by their residents for residential purposes;
ii.    Occupational Safety Officers (OSOs) of the Labour Department (LD) have been empowered to carry out enforcement work related to all smoking offences on construction sites. OSOs will immediately issue a fixed penalty notice without prior warning to any person who does a smoking act on a construction site. Offenders are liable to a fixed fine of $3,000; and
iii.    Contractors and subcontractors of construction sites shall 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 $400,000.

3.  For details of the Smoking Ban Legislative Amendments, please refer to the website of the eGazette of Government Logistics Department (https://egazette.gld.gov.hk/en).

4.  For details on the legislation in relation to the Smoking Ban Legislative Amendments, please refer to the website of Hong Kong e-Legislation (https://www.elegislation.gov.hk).

Construction Sites (Safety) Regulations	Smoking (Public Health) Ordinance	Fixed Penalty (Smoking Offences) (Specification of Authorities and Public Officers) Notice

5.    The LD will continue to update the content of occupational safety and health (OSH) publications related to the Amendment Regulation. The Amendment Regulation prevails over the content of regulation 53 of Construction Sites (Safety) Regulation (Cap. 59I) in the existing OSH publications.