The law only managed to pass by the government acceding to the Liberal Party's demands for smoking exemptions (expired August 2009).

Any licensed bar and karaoke could apply under a paper exercise to receive "Qualified Establishment" status, which was granted by the Department of Health.

The Smoking Ban, as it is commonly referred to, bans smoking indoors in restaurants which sell more food than liquor, indoor workplaces other than exempted bars, mahjong parlours, saunas and karaoke centres, schools, as well as beaches, swimming pools, sports grounds and most public parks.

Apart from a smoking ban in public places, the newly revised ordinance also imposes more stringent restrictions on sale of tobacco products.

Subsequently, a bill was presented to the same Legislative Council that streamlined the penalty procedures for someone caught flouting the smoking ban and made it on par with littering offences.