Macau (SAR)

The law requires the posting of no smoking signs with minimum dimensions of 15cm x 20cm or 20cm x 9cm. Violators of this provision are subject to a fine from 20,000 to 200,000 patacas.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to requiring no smoking signs and imposes fines on those that fail to post.

The law requires business owners to ensure compliance with the law. However, the law does not specifically state that business owners must remove ashtrays.

To fully align with FCTC Art. 8 and the FCTC Art. 8 guidelines, the law should require that business owners remove ashtrays.

The law requires business owners to ensure compliance with the law, and requires business owners to “order smokers to refrain from smoking, and if they do not comply, they must call the competent administrative or police authorities.” There are no penalties for violating this provision.

FCTC Art. 8 Guidelines paragraphs 31 and 32 state: “Effective legislation should impose legal responsibilities for compliance on both affected business establishments and individual smokers, and should provide penalties for violations, which should apply to business and, possibly, smokers. . . . Larger penalties are required to deter business violators than to deter violations by individual smokers, who usually have fewer resources.” In Macau, penalties are applied to smokers only. To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should provide penalties for business owners that fail to enforce, as well as to smokers.

Entities or individuals who operate smoking rooms that do not meet the requirements established by the Secretary for Social Affairs and Culture are subject to a fine of between 20,000 and 200,000 patacas.

Smokers who smoke where prohibited are subject to a fine of 1,500 patacas.

FCTC Art. 8 Guidelines paragraphs 31 and 32 state: “Effective legislation should impose legal responsibilities for compliance on both affected business establishments and individual smokers, and should provide penalties for violations, which should apply to business and, possibly, smokers. . . . Larger penalties are required to deter business violators than to deter violations by individual smokers, who usually have fewer resources.” In Macau, penalties are applied to smokers only. To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should provide penalties for business owners that fail to enforce, as well as to smokers.