About 180 pending prosecutions will go ahead after the Court of Final Appeal yesterday ruled that smoking inside a restaurant which is enclosed on three sides is illegal.

The ruling overturns a lower court decision that smoking in such an area should be allowed. This was based on a different interpretation of the definition of “indoor” under the Smoking (Public Health) Ordinance.
The Department of Health welcomed the ruling, saying that “the ruling has provided the legal basis for continued enforcement of the smoking ban at indoor places.” The department’s Tobacco Control Office will proceed with the smoking offence cases that have had their court hearings adjourned. (pi)