LANGUAGE
Last updated: February 27th 2019

Smoke Free Status of Indoor Public Places, Workplaces, and Public Transport

All indoor workplaces

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 Tobacco Control Regulations 2012 prohibit smoking in “any workplace to which the public has access,” except in a workplace with an enclosed and ventilated room where there is only one worker in the room, and is a place where the public normally does not have access. Because there are exceptions to the prohibition on smoking in workplaces, 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 all indoor workplaces.

Law Source, Section
Sections 43(2), (4)(b)

All indoor public places

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.
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Analysis

The Tobacco Control Decree of 2010 and the Tobacco Control Regulations of 2012 prohibit smoking in most, but not all, public places. For example, designated smoking areas are allowed in bars and nightclubs. Therefore, 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 all indoor public places.

All public transport

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.
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Analysis

The Tobacco Control Decree 2010 prohibits smoking in a “public service vehicle,” which is limited to transport by “motor vehicles”, and covers water transport such as ships and ferries.

Because smoking is not prohibited on all means of transportation, 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 on all means of public transport.

Government facilities

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.
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Analysis

There is no law that limits smoking in all government facilities. The Tobacco Control Decree 2010 and the Tobacco Control Regulations 2012 both define “workplace” to include premises owned or occupied by the government. In addition, the Tobacco Control Decree 2010 prohibits smoking in a clinic, the definition of which includes places operated by the government.

Exceptions include rooms in a workplace that are wholly enclosed, independently ventilated, occupied by only one worker and that are not rooms normally accessed by the public.

Therefore, the regulatory status code of “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 all indoor government facilities.

Private offices

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 Tobacco Control Regulations 2012 prohibit smoking in “any workplace to which the public has access,” except in a workplace with an enclosed and ventilated room where there is only one worker in the room, and is a place where the public normally does not have access. Because there are exceptions to the prohibition on smoking in workplaces, 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 private offices.

Law Source, Section
Sections 43(1)(a), 43(2)

Hospitals

100% Smoke Free
100% smoke free environment throughout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
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Analysis

The Tobacco Control Decree 2010 prohibits smoking in hospitals. The term “hospital” is defined as including any building in which two or more patients are “or may be” maintained at the same time.

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

Residential healthcare facilities - public areas

100% Smoke Free
100% smoke free environment throughout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
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Analysis

The Tobacco Control Decree 2010 prohibits smoking in clinics and hospitals. The term “clinic” is defined as “any building used or intended to be used by a medical practitioner, dental practitioner or any other person for the diagnosis or treatment of persons suffering from, or believed to be suffering from, any mental or physical disease and includes any such place operated by the Government.” The term “hospital” is defined as including any building in which two or more patients are “or may be” maintained at the same time.

Although the law does not specifically address the public areas of residential healthcare facilities, the law is interpreted as being comprehensive and requiring them to be 100% smoke free. Accordingly, the law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to public areas of residential healthcare facilities.

Non-residential healthcare facilities

100% Smoke Free
100% smoke free environment throughout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
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Analysis

The Tobacco Control Decree 2010 prohibits smoking in clinics. The term “clinic” is defined as “any building used or intended to be used by a medical practitioner, dental practitioner or any other person for the diagnosis or treatment of persons suffering from, or believed to be suffering from, any mental or physical disease and includes any such place operated by the Government.” Therefore, smoking is prohibited in non-residential healthcare facilities.

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

Childcare facilities/preschools

100% Smoke Free
100% smoke free environment throughout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

The Tobacco Control Regulations 2012 prohibit smoking in “any room in which educational instruction is being given.”

Therefore, smoking is prohibited in childcare facilities and preschools. The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to smoking in childcare facilities and preschools.

Law Source, Section

Primary and secondary schools

100% Smoke Free
100% smoke free environment throughout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

The Tobacco Control Regulations 2012 prohibit smoking in “any room in which educational instruction is being given.” Therefore, smoking is prohibited in primary and secondary schools.

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

Law Source, Section

Universities/vocational facilities

100% Smoke Free
100% smoke free environment throughout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

The Tobacco Control Regulations 2012 prohibit smoking in “any room in which educational instruction is being given.” Therefore, smoking is prohibited in universities and vocational facilities.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to smoking in universities and vocational facilities.

Law Source, Section

Shops

100% Smoke Free
100% smoke free environment throughout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

The Tobacco Control Regulations 2012 prohibit smoking in “any area” of a shop or retail place to which the public has access. Therefore, smoking is prohibited in shops.

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

Law Source, Section

Cultural facilities

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.
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Analysis

The Tobacco Control Decree 2010 prohibits smoking in an “amusement centre, theatre or sports stand." The law does not prohibit smoking in other types of cultural facilities.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking in all cultural facilities.

Indoor stadium/arenas

100% Smoke Free
100% smoke free environment throughout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
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Analysis

The Tobacco Control Decree 2010 prohibits smoking in a “sports stand,” which includes temporary, permanent, partially or completely enclosed structures for seating the public to view sports with or without payment. 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 smoking in indoor stadiums and arenas.

Restaurants

100% Smoke Free
100% smoke free environment throughout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
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Analysis

The Tobacco Control Decree 2010 prohibits smoking in “eating-houses,” which is defined as any place or part thereof where the principal business is the serving of “meals or refreshments” for consumption at that place.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to smoking in restaurants.

Bars/pubs/nightclubs

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 Tobacco Control Regulations 2012 allow smoking in a “designated no smoking area” in taverns, bars and nightclubs.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking in all parts of all enclosed bars, pubs and nightclubs.

Law Source, Section

Casinos

100% Smoke Free
100% smoke free environment throughout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

Although the law does not specify that smoking is prohibited in casinos, the Tobacco Control Regulations 2012 prohibit smoking in “any workplace to which the public has access," which is interpreted to include casinos. Further, a casino does not fall under the workplace smoking exception in the Tobacco Control Regulations 2012 allowing smoking in a wholly enclosed, independently ventilated space not accessible to the public which is occupied by only one worker.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to smoking in casinos.

Law Source, Section
Sections 43(1)(a), 43(4)(b)

Hotels/lodging - public areas

100% Smoke Free
100% smoke free environment throughout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

Although the law does not specify that smoking is prohibited in public areas of hotels, the Tobacco Control Regulations 2012 prohibit smoking in “any workplace to which the public has access," which is interpreted to include public areas of hotels. Further, hotel public areas do not fall under the workplace smoking exception in the Tobacco Control Regulations 2012 allowing smoking in a wholly enclosed, independently ventilated space not accessible to the public which is occupied by only one worker.

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

Law Source, Section
Sections 43(1)(a), 43(4)(b)

Hotels/lodgings - guest rooms

Uncertain
The smoke free status of the place is uncertain due to the lack of clarity in the law or inability to obtain all relevant laws.
Analysis

The law does not specifically address hotel guest rooms. The Tobacco Control Regulations 2012 prohibit smoking in “any workplace to which the public has access,” which, taken together with the definition of workplace, would cover public areas of hotels. However, a hotel guest room could fall under the workplace exception allowing smoking in a wholly enclosed, independently ventilated space not accessible to the public which is occupied by only one worker.

Accordingly, the regulatory status code of “Uncertain” is given. To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, smoking should be prohibited in hotel guest rooms.

Prisons/detention facilities - public areas

100% Smoke Free
100% smoke free environment throughout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

Although the law does not specify that smoking is prohibited in public areas of prisons, the Tobacco Control Regulations 2012 prohibit smoking in “any workplace to which the public has access," which is interpreted to include public areas of prisons. Further, the public areas of prisons do not fall under the workplace smoking exception in the Tobacco Control Regulations 2012 allowing smoking in a wholly enclosed, independently ventilated space not accessible to the public which is occupied by only one worker.

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

Law Source, Section
Sections 43(1)(a), 43(4)(b)

Trains, buses and other shared ground transportation other than taxis

100% Smoke Free
100% smoke free environment throughout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
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Analysis

The Tobacco Control Decree 2010 prohibits smoking in a “public service vehicle," defined as “a motor vehicle licensed…to carry passengers for hire or reward.”

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to smoking on trains, buses and other shared ground transport.

Taxis (for-hire vehicle)

100% Smoke Free
100% smoke free environment throughout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
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Analysis

The Tobacco Control Decree 2010 prohibits smoking in a “public service vehicle,” defined as “a motor vehicle licensed…for the purpose of carrying passengers for hire or reward.” This is interpreted to cover taxis as well as other forms of motorized public transportation.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to smoking in taxis.

Commercial aircraft

100% Smoke Free
100% smoke free environment throughout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
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Analysis

The Tobacco Control Decree 2010 prohibits smoking in a “public service vehicle,” defined as “a motor vehicle licensed…for the purpose of carrying passengers for hire or reward.” This is interpreted to cover aircraft as well as other forms of public transportation.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to smoking in aircraft.

Commercial watercraft

100% Smoke Free
100% smoke free environment throughout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
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Analysis

The Tobacco Control Decree 2010 prohibits smoking on any water transport including ships, ferries or other means that transports passengers by sea or river.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to smoking in commercial watercraft.

Public transport facilities (waiting areas for mass transit)

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.
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Analysis

The Tobacco Control Decree 2010 allows for designated smoking areas in airport terminal buildings, duty free outlets, and bus stations.

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

Internet shops

100% Smoke Free
100% smoke free environment throughout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
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Analysis

The law prohibits smoking in an internet shop. While there is no specific definition of this term in the law, it is interpreted to cover all shops in which internet access is available to the public for purchase.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines in this respect.

Private offices

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 Tobacco Control Regulations 2012 prohibit smoking in “any workplace to which the public has access,” except in a workplace with an enclosed and ventilated room where there is only one worker in the room, and is a place where the public normally does not have access. Because there are exceptions to the prohibition on smoking in workplaces, 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 private offices.

Enclosed entryway, foyer, lobby, stairway, passageway, elevator or toilet

100% Smoke Free
100% smoke free environment throughout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

The law prohibits smoking in any “enclosed entryway, foyer, lobby, stairway, passageway, elevator or toilet to which the public have, or more than one worker has access.”

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines in this respect.

Law Source, Section

Lifts

100% Smoke Free
100% smoke free environment throughout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
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Analysis

The law prohibits smoking in a “lift.” While there is no specific definition of this term in the law, it is interpreted to cover all elevators, whether in workplaces or otherwise, whether public or private.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines in this respect.