By: Ody A. Lai

Starting 1 January 2007, Hong Kong became non-smoking workplace. Thereafter, smoke police are visiting offices all over Hong Kong. This is true for all indoor areas of all restaurants, shops and premises, public indoor places and some public outdoor places. There is a long phase-in periods though for “qualified establishments” which are designated outdoor smoking areas under the Smoking (Public Health) Ordinance of HK, Cap 371.

Reasons are abound but the most important are the health and safety concerns for the people of Hong Kong. Everybody knows that smoking is the leading cause of cancer especially of the lungs, together with the addictive complications of nicotine, costing lives and spiralling burden to the health and hospital authority.

 WTO and FCTC: Under the auspices of the World Health Organization (WTO), a Framework Convention on Tobacco Control (FCTC) was developed in response to globalization of tobacco epidemic i.e. the explosive increase in use and its widespread consequences. China is a signatory to the FCTC thus Hong Kong is legally obligated to develop, implement, update periodically and regularly review comprehensive tobacco control strategies, implement plans and programmes to restrict demand and supply, as well as protect the environment through scientific cooperation and institutional arrangements.

Restriction on Demand and Supply, Price and Non-price measures

In Hong Kong, they implemented 2 ways of curtailing smokers by demand and supply restrictions. The demand is curtailed 2 folds: 1^st, by higher prices, tax and customs duties; 2^nd, non-price measures such as designations of non-smoking locations, regulation of tobacco contents and product disclosures, educating the public on dangers of smoking, bans on tobacco advertising, promotion and sponsorship as well as commitments in programs of tobacco dependencies and cessation. Supply restrictions are done by eliminating tobacco smuggling via mainland which is rampant, prohibition of sale to minors and finding alternate livelihood of tobacco farmers in China, mutual assistance in legal proceedings relating to civil and criminal liability between China and Hong Kong.

Evaluation of measures: It is easier said than done. Hong Kong, a first world economy with its people well off has the price of cigarettes relatively cheapest in the world. Price measures are not very effective when the amount spent on cigarettes is loose change (barya lang). There is a very long phase-in periods for small retailers and hawkers with no power to ask the buyer to show HK ID as proof of age. There are many bars, mahjong rooms, nightclubs, karaoke and massage parlours that are smoking areas through smoking rooms designations and listed as “qualified establishments.” Tobacco advertisement is defined broadly that includes print, broadcast, and cyberspace but remains weak as certain advertising devices may remain legal such as product placement on movies and television programmes, sponsorship and brand extensions.

Product Placement: While it is true that violence on TV and films does not directly translate to actual violence on the human psyche, smoking by actors and actresses exaggerates the prevalence of smoking. Smoking portrayed may be necessary as central to the story but in most cases it is not and will not make a difference. A subtle advertising is when props used in the movies include brands of cigarettes, placed on the table, poster on the wall, a room surrounded of objects that trigger smoking, etc. This type of advertisement is not yet regulated in Hong Kong and even in the other parts of the world.

Sponsorship: No tobacco brand name is allowed to be displayed in any sponsored event. But if a tobacco company sponsors an event with its corporate name, then it is not a prohibited tobacco advertisement. While Marlboro lights, which refer to the cigarette, may not be displayed, the company who owns Marlboro lights could display its name, Phillip Morris Holdings Company Ltd., which owns food brands like Nabisco, etc.

Brand Extension: Some brand names could be associated with cigarettes but also associated with other products under the same brand. For as long as the cigarette was not mentioned, it is allowed. Take the case of Dunhill, which could refer to cigarettes as well as highly branded leather goods and apparels for men. The brand Dunhill is extended to the cigarette and thus allowed as advertising.

Hong Kong Legislation: The Smoking (Public Health) Ordinance is a significant improvement in Hong Kong. There are other issues such as pollution that need to be tackled aggressively by the legislative council. Nevertheless Hong Kong has come a long way despite being slower compared to Singapore. It is expected that Hong Kong will need a more aggressive pricing and tax policy, impose no exemptions for smoking be it indoors or outdoors, stronger restrictions on advertisements and there must be a practical means of enforcing ban on sale to minors.

Smoking is a new vice that is slowly being penalized and soon criminalized, similar to opium which many years ago was a medicinal and relaxation treatment anciently accepted by many cultures in Asia. It is doubtful whether alcohol will soon be banned just like smoking. Looking at the history of prehistoric till modern civilisation, alcohol was and is considered food, fermented food from grains and fruits. Whether it would be in the league of cigarettes and other prohibited drugs would not be decided by this generation, probably in the distant future.

Mga Pangaral at Pagbati:

Mga kababayans! Stop the smoking habits. Do not wait for the HK legislation to prevent you from your puffs. Sayang ang pera, sunog na sunog pa and mga baga niyo. Mga katabi, kasamahan, pati mga ka-lips to lips, damay sa second hand smoke related illnesses. The smoke police are closing in on you. Soon there will be no more places for you to smoke. Di lunukin mo na lang yong usok mo. Kawawa ka naman. Even qualified establishments who are currently exempt from the smoking ban will have until 1 July 2009 to shut its premises to smokers. Just imagine if by that time, the whole Hong Kong is smoke free. You need to go to Shenzen China to enjoy your smoke. Huliin ka naman doon ng mga China Smoke Police. Maligayang Pasko at Manigong Bagong Taon sa inyong lahat!