The government is considering a fixed penalty of HK$3,000 for smoking at construction sites, Secretary for Labour and Welfare Chris Sun said on Tuesday.

The move comes after the industry described the previously proposed maximum fines to be "too extreme".

The proposed ban emerged after the deadly Wang Fuk Court fire in November.

Initial plans to amend the law suggested maximum penalties of HK$150,000 for workers and HK$400,000 for employers for smoking on a construction site.

In response, the Hong Kong Construction Industry Employees General Union suggested that a fixed penalty of under HK$5,000 would be a sufficient deterrent.

Speaking to reporters, Sun acknowledged the concerns of the industry.

He added that if the ban was implemented through the Factories and Industrial Undertakings Ordinance, it would stipulate only maximum fines, with penalties determined by the courts.

"While [workers] agree with a complete smoking ban on construction sites – which we are pleased about, as it aligns with societal consensus – they are worried about the maximum fine of HK$150,000," he said.

He noted that while the law might state a maximum penalty, actual fines determined by courts could range from several thousand to tens of thousands of dollars based on circumstances, referencing similar cases in the past.

"However, we understand the workers' concerns, so the government is now actively considering a solution to address these worries as soon as possible," Sun said.

This solution, he said would likely involve a fixed penalty system.

Sun said the ideal fixed penalty would be HK$3,000, aligning with the current fine under the Smoking (Public Health) Ordinance.

Implementing the change, however, will require more time and possibly amending not only the Occupational Safety and Health Ordinance, but also the Smoking (Public Health) Ordinance.

"We need some time to work out the details, and once we have a plan, we will announce it promptly," he said.