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The public inquiry into the Wang Fuk Court blaze also learned that despite 17 checks at the site, Labour Department inspectors initiated no prosecutions since they were unable to catch smokers in the act or trace the origins of the cigarette butts found there. Under the proposed site smoking ban, butts found by inspectors would be considered “strong evidence” of a possible breach, according to Hong Kong’s Secretary for Labour and Welfare Chris Sun Yuk-han. In a South China Morning Post interview, he suggested contractors and workers could no longer claim innocence when butts are found.
Currently, smoking in an outdoor area of a construction site is only illegal if it occurs near flammable materials. Such cases typically result in a no-smoking order rather than prosecution. Effective enforcement must be part of the legal solution. Under amendments to be submitted to the Legislative Council mid-year and implemented before September, contractors would face fines of up to HK$400,000 (US$51,070) for failing to prevent smoking. Workers would face a HK$3,000 penalty. Sun reassured contractors that preventive measures could shield them from maximum fines. He suggested using technology such as surveillance cameras to catch smokers and build clear cases for prosecution. Managers could step up briefings, post warnings and provide lockers to store lighters and cigarettes at sites. The labour chief said the department would conduct surprise inspections and deploy drones equipped with thermal sensors as part of a pilot scheme.
Given the deadly risks, the ban must be implemented by September without delay. Fines and enforcement should not be viewed as an unfair trap for workers. They are reasonable measures that should foster responsible behaviour and boost safety for all in high-risk environments.
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