Last updated: August 7, 2020
Key Terms
Second Hand Smoke (or similar term)
Undefined key terms or ambiguous definitions can undermine the application of other substantive provisions of a law. For example, if it is not clear what is considered “second hand smoke” or “tobacco smoke,” this may impair the ability of the law to fulfill FCTC Art. 8 requirements.
A definition of “second hand smoke” or similar terms should be provided in accordance with the definition provided in the FCTC Art. 8 Guidelines.
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)
Smoking or Smoke
Smoking: smoking of tobacco in any form whether in the form of cigarette, cigar, or otherwise with the aid of a pipe, wrapper, or any other instrument.
The definition does not align with the FCTC Art. 8 Guidelines definition in that it does not include the act of being in possession of a lit tobacco product, regardless of whether the smoke is being actively inhaled. In addition the term “smoking” is defined by itself - “smoking of tobacco” - which is circular.
A definition of “smoking or smoke” or similar term should be provided in accordance with the definition provided in the FCTC Art. 8 Guidelines.
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)
Public Place
Place of public work or use: any place declared as such under Section 3 and includes auditoriums, buildings, health institutions, amusement centers, restaurants, public offices, court buildings, cinema halls, conference or seminar halls, eating houses, hotel lounges, other waiting lounges, libraries, bus stations or stands, sports stadiums, educational institutions, libraries, and the like which are visited by general public but does not include any open place.
SRO 653(1)/2003 adds the following to the above list: hospitals, dispensaries and other health care establishments, educational institutions, offices, conference rooms, all domestic flights, restaurants, buses, wagons, trains, indoor stadiums, gymnasiums, clubs, lounges of airports, waiting rooms at railway stations, waiting rooms at bus stations, and addas. (sic).
The law does not define “public place.” Instead the law lists places that are, by definition, a place of public work or use and allows for additions to this at a future date by declaration.
To ensure that the smoking ban is enforced in all indoor public places, a definition of “public place” should be provided in accordance with the FCTC Art. 8 Guidelines 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)
Workplace
Place of public work or use: any place declared as such under Section 3 and includes auditoriums, buildings, health institutions, amusement centers, restaurants, public offices, court buildings, cinema halls, conference or seminar halls, eating houses, hotel lounges, other waiting lounges, libraries, bus stations or stands, sports stadiums, educational institutions, libraries, and the like which are visited by general public but does not include any open place.
SRO 653(1)/2003 adds the following to the above list: hospitals, dispensaries and other health care establishments, educational institutions, offices, conference rooms, all domestic flights, restaurants, buses, wagons, trains, indoor stadiums, gymnasiums, clubs, lounges of airports, waiting rooms at railway stations, waiting rooms at bus stations, and addas. (sic).
The law does not define “workplace.” Instead the law lists places that are, by definition, a place of public work or use and allows for additions to this at a future date by declaration.
To ensure that the smoking ban is enforced in all indoor workplaces, a definition of “workplace” should be provided in accordance with the FCTC Art. 8 Guidelines 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)
Public Transport
Public service vehicle: a vehicle as defined in the Motor Vehicles Ordinance, 1965 (W.P. Ordinance XIX of 1965), and includes railway train and aeroplanes, ships, etc.
[The Motor Vehicles Ordinance provides:
Public service vehicle: any motor vehicle used or adapted, to be used for the carriage of passengers for hire or reward, and includes a motor cab, contract carriage, and stage carriage.]
The definition aligns with the definition of “public transport” provided in the FCTC Art. 8 Guidelines.
Any vehicle used for the carriage of members of the public, usually for reward or commercial gain. (FCTC Art. 8 Guidelines para. 22)
Indoor or Enclosed
The terms “indoor” and “enclosed” are not defined.
A definition of “indoor” or “enclosed” should be provided in accordance with the definition provided in the FCTC Art. 8 Guidelines.
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)
Tobacco Product
Undefined key terms or ambiguous definitions can undermine the application of other substantive provisions of a law. For example, if it is not clear what is considered a “tobacco product” this may impair the ability of the law to fulfill FCTC Art. 8 requirements.
A definition of “tobacco product” should be provided in accordance with the FCTC Art. 8 Guidelines 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))
