The Labour Department on Thursday said a proposed HK$3,000 fixed penalty for smoking at construction sites instead of the earlier proposal of up to HK$150,000 would help with law enforcement.

Commissioner for Labour Sam Hui told an RTHK radio programme that the previous plan took reference from existing legislation that allows the labour commissioner to order a smoking ban at high-risk sites, such as those that store flammable liquid.

The new proposal, he said, aligns with the Smoking (Public Health) Ordinance that prohibits smoking at designated places and allows workers to adapt to the rule easier.

"Adopting a fixed penalty means that a fixed penalty notice will be issued. The fact that needs to be addressed is very straightforward – whether or not there is evidence showing someone smoked or not. It's a black and white issue," he said.

"The site environment is not a main factor leading to the issuance of the notice. So in terms of law enforcement, it will be simpler."

As for the plan to amend the law to suggest a maximum penalty of HK$400,000 for employers and subcontractors for smoking at construction sites, Hui said the amount is appropriate, and the court can decide on the punishment based on the severity of each case.

He went on to say that as long as the person in charge of a site has done his or her best to implement measures to ban smoking, their chances of getting prosecuted won't be high.

The commissioner hoped relevant amendments could be tabled to Legco in the first half of this year.

Chau Sze-kit, chairman of the Hong Kong Construction Industry Employees General Union, told the same programme that he welcomed the new proposal, saying that it carries a deterrent effect.

On the possibility of workers hiding to smoke, he said various ways such as beefing up manpower to promote the ban, and installing surveillance cameras at sites could help deal with the issue.