Setting aside of no smoking areas. 4. (1) The manager of a cinema, theatre or concert hall shall set aside not less than 50 per cent of each class of its seating accommodation as an area in which smoking is prohibited; and he may set aside all such accommodation.
(2) The manager of a public transport service shall set aside not less than 50 per cent of each class of seating accommodation in every public transport vehicle of that service, not being a vehicle to which paragraph (c) or (d) of section 3 applies, as an area in which smoking is prohibited; and he may set aside all such accommodation.
(3) For the purposes of this section—
- (a) an area shall be deemed to have been set aside under subsection (1) only while it is open to the public;
- (b) a cinema, theatre or concert hall means—
- (i) any building or part of a building used primarily as a cinema, theatre or concert hall, whether or not it is being so used at the material time, other than the premises of any club, association or other body in which films are exhibited, or plays or music performed for the benefit primarily of the members thereof and their guests;
- (ii) any place of public entertainment licensed under the Places of (Cap. 172.)Public Entertainment Ordinance while open to the public on account of any concert, stage play, stage performance or other musical, dramatic or theatrical entertainment or any cinematograph display;
- (c) the passenger carriages of a train shall be deemed to be a single vehicle.
(4) Subject to compliance with the provisions of this section, seating accommodation set aside under this section as a no smoking area may be varied by increasing or reducing that area or by substituting another area in place thereof.
(5) Any seating accommodation demarcated as an smoking is prohibited by signs placed in compliance, or purported compliance, with section 5 shall be deemed to have been set aside under this area in which section.
(6) In setting aside seating accommodation under this section the manager shall comply with any prescribed requirements relating to the relative positioning of smoking and no smoking areas.
(7) The Secretary for Social Services may in writing exempt—
- (a) the manager of any cinema, theatre or concert hall from compliance with subsection (1) in relation to any occasion;
- (b) the manager of a public transport vehicle from compliance, either temporarily or permanantly, with subsection (2) in relation to any vehicle or vessel.
(8) The General Manager of the Kowloon-Canton Railway may set aside seating accommodation under subsection (2) and, if he does so, the provisions of this Ordinance shall apply in relation to the accommodation so set aside notwithstanding that the functions of the General Manager are performed on behalf of the Crown by virtue of the provisions of section 29(1) of the (17 of 1982.)Kowloon-Canton Railway Ordinance 1982.
Display of signs in no smoking areas.
5. (1) The manager shall place in a prominent position in each no smoking area a sufficient number of signs in English and Chinese to indicate that smoking is prohibited in the area; such signs shall be of the