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Term --FCTC-Based Definition Singapore
Workplace View Definition

An area, permanent or temporary, in which a person performs duties of employment or work, regardless of whether the work is done for compensation or on a voluntary basis, and includes private offices, common areas and any other area which generally is used or frequented during the course of employment or work. (FCTC Art. 8 Guidelines para. 20)

Defined
Yes
Analysis

This definition does not align with the FCTC Art. 8 Guidelines. It is narrower and does not include areas used commonly by the workers in the course of their employment and instead includes only those areas that are used solely or principally for work. Also, the definition does not explicitly include duties of employment for voluntary work. A definition of “workplace” should be provided in accordance with the FCTC Art. 8 Guidelines.

Not Applicable
Not Applicable
Public Transport View Definition

Any vehicle used for the carriage of members of the public, usually for reward or commercial gain. (FCTC Art. 8 Guidelines para. 22)

Defined
Yes
Analysis

The definitions of “public service vehicle,” “aircraft, and “railway” (see below) together align with the definition of “public transport” provided in the FCTC Art. 8 Guidelines.

Not Applicable
Not Applicable
Second Hand Smoke (or similar term) View Definition

The smoke emitted from the burning end of a cigarette or from other tobacco products usually in combination with the smoke exhaled by the smoker. (FCTC Art. 8 Guidelines para. 15)

Not Defined
No
Analysis

Although this term is not defined, a definition is not strictly necessary because the term is not used. The law’s smoke free measures provide that “smoking shall not be permitted in . . . the premises or buildings or parts thereof specified . . .” rather than, for example, “no person shall be exposed to second hand smoke in enclosed public places.”

Not Applicable
Not Applicable
Smoking or Smoke View Definition

Being in possession or control of a lit tobacco product regardless of whether the smoke is being actively inhaled or exhaled. (FCTC Art. 8 Guidelines para. 17)

Defined
Yes
Analysis

This definition is comprehensive and incorporates the FCTC Art. 8 Guidelines definition of the term.

Not Applicable
Not Applicable
Public Place View Definition

An area, permanent or temporary, that is accessible to the general public or for collective use by the general public regardless of ownership or right of access. (FCTC Art. 8 Guidelines para. 18)

Not Defined
No
Analysis

The Notification includes the term “public place” but fails to define this term. The lack of a clear definition may cause an unclear understanding of the terms included in the Act and may hamper compliance with FCTC Art. 8 obligations. The law should provide a definition of “public place” in accordance with the definition in the FCTC Art. 8 Guidelines.

Not Applicable
Not Applicable
Tobacco Product View Definition

Any product entirely or partly made of the leaf tobacco as a raw material which is manufactured to be used for smoking, sucking, chewing, or snuffing. (FCTC Art. 1(f))

Not Defined
No
Analysis

Although this term is not defined, a definition is not strictly necessary because the prohibition on smoking applies to the smoking of tobacco or any other substance. A definition of “tobacco products” is, therefore, not necessary for interpretation and enforcement of the law.

Not Applicable
Not Applicable
Indoor or Enclosed View Definition

Any space covered by a roof or enclosed by one or more walls or sides, regardless of the type of material used for the roof, walls or sides, and regardless of whether the structure is permanent or temporary. (FCTC Art. 8 Guidelines para. 19)

Not Defined
No
Analysis

The terms “indoor” or “enclosed” are not defined by the law. Having no definition for this key term may make interpretation of substantive provisions difficult, which can hamper application and implementation of FCTC Art. 8 and the FCTC Art. 8 Guidelines. For example, the law lists places where smoking is prohibited specifying, in some instances, that smoking is prohibited in the “indoor” or “enclosed” parts of those places. Therefore, for interpretation of the law, a definition of “indoor” and “enclosed” should be provided.

Not Applicable
Not Applicable
Singapore
All indoor workplaces
Smoking is Restricted
“Smoking is Restricted”: Smoking is restricted in some way in the specified place or category of places. Restrictions could take one of the following forms: (1) smoking is restricted , under the national law, to “smoking rooms”, “smoking areas”, and/or during specified times in the specified place or category of places; (2) under the national law(s), smoking is restricted or prohibited in some types of places, within the category but not in all types of places within the category; or (3) where a country regulates public smoking primarily at the sub-national level, smoking is restricted or prohibited in the specified place or category of places in some sub-national jurisdictions but not in other sub-national jurisdictions.
Analysis

The law prohibits smoking in the enumerated list of premises and public service vehicles specified by the National Environment Agency in its Smoking (Prohibition in Certain Places) Notification. The Agency restricts smoking in workplaces and allows the manager of a workplace to designate a smoking area in an independently ventilated room that is neither required to be used by anyone in performance of his/her job duties nor a common area for employees. The law also prohibits smoking in enclosed corridors, lobbies, stairwells, and other common areas of buildings or parts of building that consist wholly or principally of office premises.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should require all parts of all indoor workplaces to be 100% smoke free.

Not Applicable
Not Applicable
All indoor public places
Smoking is Restricted
“Smoking is Restricted”: Smoking is restricted in some way in the specified place or category of places. Restrictions could take one of the following forms: (1) smoking is restricted , under the national law, to “smoking rooms”, “smoking areas”, and/or during specified times in the specified place or category of places; (2) under the national law(s), smoking is restricted or prohibited in some types of places, within the category but not in all types of places within the category; or (3) where a country regulates public smoking primarily at the sub-national level, smoking is restricted or prohibited in the specified place or category of places in some sub-national jurisdictions but not in other sub-national jurisdictions.
Analysis

The law prohibits smoking in the enumerated list of premises and public service vehicles specified by the National Environment Agency in its Smoking (Prohibition in Certain Places) Notification. Smoking is prohibited in many indoor public places. However, the Agency authorizes the Director-General to permit smoking in designated areas in: any indoor hawker center not exceeding 10% of the total indoor seating capacity, and any indoor discotheque, pub, bar, lounge, or night club not exceeding 10% of the total indoor refreshment area. Because designated smoking areas are permitted in some indoor public places, the regulatory status code “Smoking is Restricted” is given.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should require all parts of all public places to be 100% smoke free.

Not Applicable
Not Applicable
All public transport
Smoking is Restricted
“Smoking is Restricted”: Smoking is restricted in some way in the specified place or category of places. Restrictions could take one of the following forms: (1) smoking is restricted , under the national law, to “smoking rooms”, “smoking areas”, and/or during specified times in the specified place or category of places; (2) under the national law(s), smoking is restricted or prohibited in some types of places, within the category but not in all types of places within the category; or (3) where a country regulates public smoking primarily at the sub-national level, smoking is restricted or prohibited in the specified place or category of places in some sub-national jurisdictions but not in other sub-national jurisdictions.
Analysis

Several laws work in combination to prohibit smoking in many, but not all, means of public transport and public transport facilities. The agency’s smoke free notification prohibits smoking in all “public service vehicles,” which does not include trains or aircraft. On trains and aircraft, smoking may be prohibited and, if so, must be clearly marked. It appears as though smoking is not restricted on watercraft.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should require all parts of all means of public transport, including trains, to be 100% smoke free.

Not Applicable
Not Applicable
Government facilities
Smoking is Restricted
“Smoking is Restricted”: Smoking is restricted in some way in the specified place or category of places. Restrictions could take one of the following forms: (1) smoking is restricted , under the national law, to “smoking rooms”, “smoking areas”, and/or during specified times in the specified place or category of places; (2) under the national law(s), smoking is restricted or prohibited in some types of places, within the category but not in all types of places within the category; or (3) where a country regulates public smoking primarily at the sub-national level, smoking is restricted or prohibited in the specified place or category of places in some sub-national jurisdictions but not in other sub-national jurisdictions.
Analysis

There is no single provision in the law or agency notification that addresses smoking in government facilities. Instead, smoking is banned in some government facilities and not regulated in others. Smoking is prohibited in the Supreme Court, the State Courts Building, the Family Justice Courts Building, and the office of the Tribunal for the Maintenance of Parents; and public libraries, museums, and art galleries. The agency notification also prohibits smoking in any community building or center owned or operated by the People’s Association, a government-established statutory board whose goal it is to promote racial harmony and social cohesion.

Because many government buildings are also workplaces, these facilities are subject to some restrictions on smoking. Smoking is permitted in areas designated by the manager for smoking. These areas must be independently ventilated and may not be areas that are required to be used by anyone in the performance of his/her job duties or common areas for employees. Smoking is prohibited in other areas of workplaces, namely in any enclosed corridor, lobby, stairwell, or other common area of buildings or parts of buildings that consist wholly or principally of office premises.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should require that all parts of government facilities be 100% smoke free.

Not Applicable
Not Applicable
Private offices
100% Smoke Free
“100% Smoke Free”: 100% smoke free environment throughtout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

The law allows smoking in office premises, which is defined as "any room or premises or part thereof the sole or principal use of which is for the carrying out of any administrative or clerical or other related work" as long as the smoking area is an independently ventilated room that is neither required to be used by anyone in performance of his/her job duties nor a common area for employees. Because an office is an area that is required to be used in the performance of one's job duties, it is interpreted that smoking would be prohibited in private offices. The law also prohibits smoking in enclosed corridors, lobbies, stairwells, and other common areas of buildings or parts of building that consist wholly or principally of office premises.

The law, as interpreted, aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to private offices.

Not Applicable
Not Applicable
Hospitals
100% Smoke Free
“100% Smoke Free”: 100% smoke free environment throughtout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

The law and agency notification specifically prohibit smoking in “any clinical laboratory, healthcare establishment, hospital, maternity home medical clinic or nursing home.” Therefore, smoking in hospitals is prohibited.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to hospitals.

Not Applicable
Not Applicable
Residential healthcare facilities - public areas
100% Smoke Free
“100% Smoke Free”: 100% smoke free environment throughtout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

The law and agency notification specifically prohibit smoking in “any clinical laboratory, healthcare establishment, hospital, maternity home medical clinic or nursing home.” Therefore, smoking in public areas of residential healthcare facilities is prohibited.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to public areas of residential healthcare facilities.

Not Applicable
Not Applicable
Non-residential healthcare facilities
100% Smoke Free
“100% Smoke Free”: 100% smoke free environment throughtout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

The law and agency notification specifically prohibit smoking in “any clinical laboratory, healthcare establishment, hospital, maternity home medical clinic or nursing home.” Therefore, smoking in non-residential healthcare facilities is prohibited.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to non-residential healthcare facilities.

Not Applicable
Not Applicable
Childcare facilities/preschools
100% Smoke Free
“100% Smoke Free”: 100% smoke free environment throughtout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

The law and agency notification specifically prohibit smoking in any "child care centre," kindergarten, and school.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to childcare facilities and preschools.

Not Applicable
Not Applicable
Primary and secondary schools
100% Smoke Free
“100% Smoke Free”: 100% smoke free environment throughtout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

The law and agency notification specifically prohibit smoking in "any relevant school," which is defined to include a wide variety of schools, including government schools, government-aided schools, independent schools, and privately-funded schools, among others. Therefore, smoking in primary and secondary schools is prohibited.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to primary and secondary schools.

Not Applicable
Not Applicable
Universities/vocational facilities
Smoking is Restricted
“Smoking is Restricted”: Smoking is restricted in some way in the specified place or category of places. Restrictions could take one of the following forms: (1) smoking is restricted , under the national law, to “smoking rooms”, “smoking areas”, and/or during specified times in the specified place or category of places; (2) under the national law(s), smoking is restricted or prohibited in some types of places, within the category but not in all types of places within the category; or (3) where a country regulates public smoking primarily at the sub-national level, smoking is restricted or prohibited in the specified place or category of places in some sub-national jurisdictions but not in other sub-national jurisdictions.
Analysis

The law and agency notification specifically prohibit smoking in “any area within the compound of a university ... or any area within the compound of any relevant premises of a registered private education (degree) institution.” However, the notification includes two exceptions: (1) any area designated by the manager of the university premises or the manager of the private education institution for smoking; and (2) staff quarters that are residential premises. In a separate provision, the notification prohibits smoking in any library in any institution of higher learning. Because of the permitted exceptions, the regulatory status code "Smoking is Restricted" is given.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking in all parts of universities and vocational facilities.

Not Applicable
Not Applicable
Shops
100% Smoke Free
“100% Smoke Free”: 100% smoke free environment throughtout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

Several provisions of the law address smoking in shops. For one, the notification prohibits smoking in “any shop.” In addition, several specific types of shops are identified as smoke free, including, for example, any shop at a sports stadium, any shopping mall or complex, and any shop in a bus terminal. Further, smoking is also specifically prohibited in any market, which is defined to include indoor markets only.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to shops.

Not Applicable
Not Applicable
Cultural facilities
100% Smoke Free
“100% Smoke Free”: 100% smoke free environment throughtout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

The agency notification prohibits smoking in an enumerated list of cultural facilities that, effectively, amounts to a complete ban on smoking in cultural facilities. Specifically, the list of places where smoking is prohibited includes: any hall, ballroom, or function room during such time when it is used for holding a meeting, conference, seminar, course or an exhibition; any cinema or theater; any public library; and any public museum or art gallery. In addition, smoking is expressly prohibited in any library, reading room, theater, or cinema that is part of a private club. The agency notification also prohibits smoking in any community building or center owned or operated by the People’s Association, a government-established statutory board whose goal it is to promote racial harmony and social cohesion.

Because the ban on smoking effectively covers all cultural facilities, the law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines in this regard.

Not Applicable
Not Applicable
Indoor stadium/arenas
100% Smoke Free
“100% Smoke Free”: 100% smoke free environment throughtout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

The law and agency notification specifically prohibit smoking in any indoor sports arenas. The ban also covers indoor bowling alleys, billiard saloons, gymnasiums, aerobic or fitness centers, ice-skating rinks, roller-skating rinks, and roller-discotheques. Therefore, smoking in indoor stadiums and arenas is prohibited.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to indoor stadiums or arenas.

Not Applicable
Not Applicable
Restaurants
Smoking is Restricted
“Smoking is Restricted”: Smoking is restricted in some way in the specified place or category of places. Restrictions could take one of the following forms: (1) smoking is restricted , under the national law, to “smoking rooms”, “smoking areas”, and/or during specified times in the specified place or category of places; (2) under the national law(s), smoking is restricted or prohibited in some types of places, within the category but not in all types of places within the category; or (3) where a country regulates public smoking primarily at the sub-national level, smoking is restricted or prohibited in the specified place or category of places in some sub-national jurisdictions but not in other sub-national jurisdictions.
Analysis

The law and agency notification specifically prohibit smoking inside all food establishments. In addition, smoking is expressly prohibited in any restaurant within a private club.

However, the law and notification restrict, but do not prohibit, smoking in hawker centers, defined as places or stalls where food is prepared, stored, or sold. The Director-General of Public Health may permit the designation of up to 20% of the outdoor refreshment area for smoking, and where the hawker center does not have an outdoor refreshment area, up to 10% of the indoor seating capacity for smoking. Because the law permits designated smoking areas in some hawker centers, the regulatory status code “Smoking is Restricted” is given. 

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should require that all parts of restaurants be 100% smoke free.

Not Applicable
Not Applicable
Bars/pubs/nightclubs
Smoking is Restricted
“Smoking is Restricted”: Smoking is restricted in some way in the specified place or category of places. Restrictions could take one of the following forms: (1) smoking is restricted , under the national law, to “smoking rooms”, “smoking areas”, and/or during specified times in the specified place or category of places; (2) under the national law(s), smoking is restricted or prohibited in some types of places, within the category but not in all types of places within the category; or (3) where a country regulates public smoking primarily at the sub-national level, smoking is restricted or prohibited in the specified place or category of places in some sub-national jurisdictions but not in other sub-national jurisdictions.
Analysis

The law and agency notification prohibit smoking inside any “discotheque, pub, bar, lounge or night club,” including any private club. However, the law authorizes the Director-General of Public Health to permit bars, pubs, and nightclubs to set aside up to 10% of their indoor refreshment areas as designated smoking areas. The area must be enclosed and independently ventilated. Because the law permits designated smoking areas, the regulatory status code “Smoking is Restricted” is given.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should require that all parts of all public places and workplaces be 100% smoke free.

Not Applicable
Not Applicable
Casinos
Smoking is Not Restricted
“Smoking is Not Restricted”: Smoking is allowed throughout the entire premises of the specified place or category of places.
Analysis

Neither the law nor the agency notification addresses smoking in casinos. Therefore, smoking is permitted in casinos. In practice, it is common for casinos to implement “house rules” designating smoking and non-smoking areas within the casino.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should require all parts of all indoor public places and workplaces, including casinos, to be 100% smoke free.

Not Applicable
Not Applicable
Hotels/lodging - public areas
100% Smoke Free
“100% Smoke Free”: 100% smoke free environment throughtout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

The law and agency notification specifically prohibit smoking in any hotel lobby. In addition, smoking is prohibited in any hall, ballroom or function room being used to hold a meeting, conference, seminar, course, or an exhibition, or for the purpose of serving meals.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to public areas in hotels.

Not Applicable
Not Applicable
Hotels/lodgings - guest rooms
Uncertain
“Uncertain”: The smoke free status of the place is uncertain due to lack of clarity in the law or inability to obtain all relevant laws.
Analysis

The law prohibits smoking in hotel lobbies and other public areas of hotels, but does not specifically address hotel guest rooms. Accordingly, the regulatory status of guest rooms in hotels is “Uncertain.”

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should require that all hotel guest rooms be 100% smoke free.

Not Applicable
Not Applicable
Prisons/detention facilities - public areas
Smoking is Not Restricted
“Smoking is Not Restricted”: Smoking is allowed throughout the entire premises of the specified place or category of places.
Analysis

Neither the law nor the notification addresses smoking in prisons or detention facilities specifically. Therefore, the law is interpreted as permitting smoking in public areas of prisons and detention facilities.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should require that all parts of prisons/detention facilities be 100% smoke free.

Not Applicable
Not Applicable
Trains, buses and other shared ground transportation other than taxis
Smoking is Restricted
“Smoking is Restricted”: Smoking is restricted in some way in the specified place or category of places. Restrictions could take one of the following forms: (1) smoking is restricted , under the national law, to “smoking rooms”, “smoking areas”, and/or during specified times in the specified place or category of places; (2) under the national law(s), smoking is restricted or prohibited in some types of places, within the category but not in all types of places within the category; or (3) where a country regulates public smoking primarily at the sub-national level, smoking is restricted or prohibited in the specified place or category of places in some sub-national jurisdictions but not in other sub-national jurisdictions.
Analysis

The law and agency notification specifically prohibit smoking in public service vehicles, including any excursion bus, omnibus, private bus, private hire bus, and school bus. Therefore, smoking in these public service vehicles is prohibited.

The Railways Act addresses smoking on trains. It does not prohibit smoking outright, but instead bans smoking and the consumption of many smokeless tobacco products in designated areas where it is prohibited. In addition, the Rapid Transit Systems Regulations prohibit smoking in any part of a railway premises where smoking is expressly prohibited by notice. Therefore, trains and other railway facilities are not required by law to be 100% smoke free.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should require all trains, buses, and other ground transport to be 100% smoke free.

Not Applicable
Not Applicable
Taxis (for-hire vehicle)
100% Smoke Free
“100% Smoke Free”: 100% smoke free environment throughtout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

The Second Schedule of the agency notification specifically prohibits smoking in many public service vehicles, including taxis and trishaws (three-wheeled pedal cycle).

The law and implementing rules align with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to taxis.

Not Applicable
Not Applicable
Commercial aircraft
Smoking is Restricted
“Smoking is Restricted”: Smoking is restricted in some way in the specified place or category of places. Restrictions could take one of the following forms: (1) smoking is restricted , under the national law, to “smoking rooms”, “smoking areas”, and/or during specified times in the specified place or category of places; (2) under the national law(s), smoking is restricted or prohibited in some types of places, within the category but not in all types of places within the category; or (3) where a country regulates public smoking primarily at the sub-national level, smoking is restricted or prohibited in the specified place or category of places in some sub-national jurisdictions but not in other sub-national jurisdictions.
Analysis

The Air Navigation Order does not prohibit outright smoking on commercial aircraft. Instead, the law imposes a duty to post signs indicating when smoking is prohibited in an aircraft. A sign must be visible from each passenger seat within the aircraft. In addition, the law prohibits a person from smoking in an aircraft compartment in which such a sign is posted or where instructed by the pilot-in-command of the aircraft. The Singapore General Aviation Requirements (SGAR) – Aeroplanes were issued pursuant to the Air Navigation Order, and require that all passengers are notified of the restrictions on smoking before the flight commences. The law does not provide for 100% smoke free public transport.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should require all commercial aircraft to be 100% smoke free.

Not Applicable
Not Applicable
Commercial watercraft
Smoking is Not Restricted
“Smoking is Not Restricted”: Smoking is allowed throughout the entire premises of the specified place or category of places.
Analysis

The law and agency notification do not address commercial watercraft specifically. Further, no other law appears to prohibit or address smoking aboard commercial watercraft. Therefore, the law is interpreted as permitting smoking aboard commercial watercraft. The law does not provide for 100% smoke free public transport.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should require all commercial watercraft to be 100% smoke free.

Not Applicable
Not Applicable
Public transport facilities (waiting areas for mass transit)
Smoking is Restricted
“Smoking is Restricted”: Smoking is restricted in some way in the specified place or category of places. Restrictions could take one of the following forms: (1) smoking is restricted , under the national law, to “smoking rooms”, “smoking areas”, and/or during specified times in the specified place or category of places; (2) under the national law(s), smoking is restricted or prohibited in some types of places, within the category but not in all types of places within the category; or (3) where a country regulates public smoking primarily at the sub-national level, smoking is restricted or prohibited in the specified place or category of places in some sub-national jurisdictions but not in other sub-national jurisdictions.
Analysis

The law and agency notification specifically prohibit smoking in some, but not all, public transport facilities. Smoking is prohibited in any bus interchange, terminus (except one which is situated along the side of a road and does not provide for boarding of or alighting by passengers), bus stop, or bus shelter. This includes any facility, shop, or common area within the premises. In addition, smoking is prohibited in and on specific ferry terminals and piers listed in the notification. Smoking is prohibited in enclosed areas of the terminal buildings of Changi Airport, Singapore’s main airport. However, some enclosed rooms may be designated for smoking if the room is independently ventilated, and is neither required to be used by anyone in performance of his/her job duties nor a common area for employees. Under the Railways Act, smoking may, but is not required to, be prohibited in some waiting rooms, booking halls, and other similar facilities. In addition, the law prohibits smoking or carrying any lighted tobacco product in rapid transit facilities where smoking is expressly prohibited by notice. Taken together, these provisions place some restrictions on smoking in public transport facilities, but do not completely prohibit smoking in all public transport facilities.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should require public transport facilities to be 100% smoke free.

Not Applicable
Not Applicable
Singapore
Does the law require any outdoor or quasi-outdoor spaces to be smoke free or restrict smoking in any way?
Yes
Yes
Not Applicable
Not Applicable
Singapore
Post signs
Yes
Yes
Analysis

The Smoking (Prohibition in Certain Places) Act imposes a duty on the manager of every place and on the operator of every vehicle specified as smoke free to display a sufficient number of notices of adequate size in conspicuous places indicating that the place or vehicle is smoke free. If convicted of a violation of this duty, managers and operators are subject to a fine not exceeding $1,000.

Alternatively, pursuant to the Smoking (Prohibition in Certain Places) (Composition of Offences) Regulations, the Director-General has the discretion to “compound” any offense under the Act. In doing so, the person in violation agrees to pay a sum not exceeding $500 in exchange for having any further proceedings related to the offense dropped. For those managers and operators who violate the duty to post signs, current regulations set the amount offered to compound offenses at $200 for a first offense, and at $500 for second and subsequent offenses.

Section 48(1) of the Air Navigation Order imposes a duty to post notices indicating where smoking is prohibited in the aircraft. A notice must be visible from each passenger seat within the aircraft. Any individuals who are convicted of violating this provision are subject to a fine not exceeding $20,000 for a first offense; and to a fine of $40,000 or to imprisonment for a term not exceeding 15 months, or both, for a second or subsequent offense.

These provisions align with FCTC Art. 8 and the FCTC Art. 8 Guidelines in that they provide for a range of penalties and increased fines for repeat offenses.

Not Applicable
Not Applicable
Remove ashtrays
No
No
Analysis

There is no duty imposed upon business owners, employers, or supervisors to remove ashtrays from the premises. To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should impose a duty upon the owner, manager, or other person in charge of the premises to remove ashtrays from the premises.

Not Applicable
Not Applicable
Steps to require a person to stop smoking (e.g., warn, discontinue service, call authorities)
Yes
Yes
Analysis

The Smoking (Prohibition in Certain Places) Act imposes a duty on the manager of any place or the operator of any vehicle specified as smoke free to take several steps to warn any person who smokes in violation of the law. First, the manager or operator must ask the individual to cease smoking immediately and to notify him of the penalty for failure to comply. Second, if the person fails to stop smoking, the manager or operator must ask the individual to leave immediately. Third, if the individual refuses to leave, the manager or operator may then seek the assistance of the police or other authorized officers.

Managers and operators who fail to take these steps and are convicted of the offense may be subject to a fine not exceeding $1,000 for the first offense, and a fine not exceeding $2,000 for a second or subsequent conviction.

Alternatively, pursuant to the Smoking (Prohibition in Certain Places) (Composition of Offences) Regulations, the Director-General has the discretion to “compound” any offense under the Act. In doing so, the person in violation agrees to pay a sum not exceeding $500 in exchange for having any further proceedings related to the offense dropped. For those managers and operators who violate the duty to take steps to require a person to stop smoking, current regulations set the amount offered to compound offenses at $200 for a first offense, and at $500 for second and subsequent offenses.

These provisions align with FCTC Art. 8 and the FCTC Art. 8 Guidelines in that they provide for a range of penalties and increased fines for repeat offenses.

Not Applicable
Not Applicable
Not to smoke where prohibited
Yes
Yes
Analysis

The Smoking (Prohibition in Certain Places) Act implies a duty on smokers not to smoke where prohibited because the law imposes a fine for smoking in a place or vehicle that has been specified as smoke free. A fine not exceeding $1,000 is imposed on those convicted of such an offense.

Alternatively, pursuant to the Smoking (Prohibition in Certain Places) (Composition of Offences) Regulations, the Director-General has the discretion to “compound” any offense under the Act. In doing so, the person in violation agrees to pay a sum not exceeding $500 in exchange for having any further proceedings related to the offense dropped. Current regulations set the amount offered to compound offenses at $200.

Section 67 of the Railways Act imposes a duty on individuals not to smoke or chew any tobacco products in areas of the train where it is prohibited. Those in violation are subject to a fine not exceeding $20 for each offense. Any individual who persists using tobacco after being warned by a railway official or another passenger may be removed by any official from the train in addition to incurring the fine.

In addition, Sec. 6 of the Rapid Transit Systems Regulations imposes a duty on individuals not to smoke or carry any lighted tobacco products where expressly prohibited by notice. An individual may be removed from the rapid transit system for violating this regulation. Any individual convicted of violating the no smoking regulation is subject to a fine not exceeding $1,000. Alternatively, pursuant to the Rapid Transit Systems Act, the offense may be compounded by the Chief Executive of the Land Transport Authority, in which case the person in violation agrees to pay one half of the prescribed fine in exchange for having further proceedings dropped.

Section 48(2) of the Air Navigation Order imposes a duty on individuals not to smoke in compartments of aircraft which have been designated as no-smoking areas. Any individual who is convicted of violating this provision is subject to a fine not exceeding $100,000 or to imprisonment not exceeding five years, or both.

The provisions under the Smoking (Prohibition in Certain Places) Act and the Air Navigation Order align with FCTC Art. 8 and the FCTC Art. 8 Guidelines in that they provide for a range of penalties and increased fines for repeat offenses. However, the penalties in the Railways Act do not align with FCTC Art. 8 and the FCTC Art. 8 Guidelines. FCTC Art. 8 Guidelines para. 32 provides that Parties should specify fines that are sufficiently large to deter violations. The fine imposed for violating the Railways Act’s restrictions on smoking may not exceed $20, which is a much lower amount than the other penalties. Singapore should consider whether a fine of up to $20 is sufficient to deter an individual from abiding by the smoking restrictions on trains. In addition, the Rapid Transit Systems Act should provide for a range of penalties and higher fines for repeat violations.

Not Applicable
Not Applicable
Other
Yes
Yes
Analysis

Individuals who are aggrieved by the smoking of another person in a smoke free place may lodge a complaint with the manager of that place. The manager then has a duty to take all reasonable steps to investigate the complaint and, if the complaint is found to be true, to take all steps as specified above (e.g., asking person to stop smoking, asking person to leave the premises if he fails to stop smoking, etc.).

Managers who fail to investigate such complaints may be subject to a fine not exceeding $1,000 for a first offense, and a fine not exceeding $2,000 for a second or subsequent conviction.

Not Applicable
Not Applicable
Singapore
Are sub-national jurisdictions permitted to have smoke-free laws?
No
No
Not Applicable
Not Applicable