LANGUAGE
Last updated: September 18th 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 Anti-Smoking Law prohibits smoking in "public places." The Anti-Smoking Regulations further elaborate that smoking is prohibited in public places, including a list of types of places set out in the regulations. While the categories listed in the regulations are broad, using a list runs the risk of, perhaps inadvertently, failing to list a type of place. For example, here, it is unclear if hotel guestrooms - which are workplaces for some - are covered by the list. Therefore, the regulatory status "Smoking is Restricted" is given.

To fully align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking in all parts of all indoor workplaces, public places and public transport, and define these terms in accordance with the definitions provided in the FCTC Art. 8 Guidelines.

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.
Analysis

The Anti-Smoking Law prohibits smoking in "public places." The Anti-Smoking Regulations further elaborate that smoking is prohibited in public places, including a list of types of places set out in the regulations. While the categories listed in the regulations are broad, using a list runs the risk of, perhaps inadvertently, failing to list a type of place. For example, here, it is unclear if hotel guestrooms are covered by the list. Therefore, the regulatory status "Smoking is Restricted" is given.

To fully align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking in all parts of all indoor workplaces, public places and public transport, and define these terms in accordance with the definitions provided in the FCTC Art. 8 Guidelines.

All public transport

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 Anti-Smoking Law prohibits smoking in "public places," which is defined to include "public transport." The Anti-Smoking Regulations further elaborate that smoking is prohibited in "means of mass and public transportation, whether by land, sea or air, on domestic or overseas routes, trips and flights." Therefore, all public transport is smoke free.

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

Government 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 Anti-Smoking Law prohibits smoking in public places. The Anti-Smoking Regulations further elaborate that smoking is prohibited, among other places, "on the premises of government buildings." Therefore, all government facilities are smoke free. The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to smoking in government facilities.

Private offices

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 Anti-Smoking Law prohibits smoking in public places. The Anti-Smoking Regulations further elaborate that smoking is prohibited, among other places, in "government buildings, businesses, institutions belonging to the general public and mixed sectors, and branches and offices thereof." Therefore, smoking is prohibited in private offices. The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to smoking in private offices.

Hospitals

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 Anti-Smoking Law prohibits smoking in public places. The Anti-Smoking Regulations further elaborate that smoking is prohibited in, among other places, "hospitals" and "health institutions." The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to smoking in 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.
Analysis

The Anti-Smoking Law prohibits smoking in public places. The Anti-Smoking Regulations further elaborate that smoking is prohibited in, among other places, "hospitals" and "health institutions." Therefore, healthcare facilities, including their public areas, are smoke free. The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to smoking in public areas of 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.
Analysis

The Anti-Smoking Law prohibits smoking in public places. The Anti-Smoking Regulations further elaborate that smoking is prohibited in, among other places, "hospitals" and "health institutions." Therefore, non-residential healthcare facilities are smoke free. The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to smoking in 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 Anti-Smoking Law prohibits smoking in public places. The Anti-Smoking Regulations further elaborate that smoking is prohibited in "kindergartens, nurseries, schools, universities . . . and all educational . . . institutions." Therefore, childcare facilities and preschools are smoke free. The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to smoking in childcare facilities and preschools.

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 Anti-Smoking Law prohibits smoking in public places. The Anti-Smoking Regulations further elaborate that smoking is prohibited in "kindergartens, nurseries, schools, universities . . . and all educational . . . institutions." Therefore, primary and secondary schools are smoke free. The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to smoking in primary and secondary schools.

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 Anti-Smoking Law prohibits smoking in public places. The Anti-Smoking Regulations further elaborate that smoking is prohibited in "kindergartens, nurseries, schools, universities . . . and all educational . . . institutions." Therefore, universities and vocational facilities are smoke free. The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to smoking in universities and vocational facilities.

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 Anti-Smoking Law prohibits smoking in public places. The Anti-Smoking Regulations further elaborate that smoking is prohibited, among other places, in "enclosed markets and shops." The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to smoking in shops.

Cultural 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 Anti-Smoking Law prohibits smoking in public places. The Anti-Smoking Regulations further elaborate that smoking is prohibited, among other places, in "enclosed spaces where social, cultural and sport activities take place." Therefore, all cultural facilities are smoke free. The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to smoking in 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.
Analysis

The Anti-Smoking Law prohibits smoking in public places. The Anti-Smoking Regulations further elaborate that smoking is prohibited, among other places, in "enclosed spaces where social, cultural and sport activities take place." Therefore, all indoor stadiums and arenas are smoke free. 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.
Analysis

The Anti-Smoking Law prohibits smoking in public places. The Anti-Smoking Regulations further elaborate that smoking is prohibited, among other places, in "facilities for the manufacture, processing, sale and handling of food intended for human consumption." Therefore, restaurants are smoke free. The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to smoking in restaurants.

Bars/pubs/nightclubs

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 Anti-Smoking Law prohibits smoking in public places. The Anti-Smoking Regulations further elaborate that smoking is prohibited, among other places, in "facilities for the manufacture, processing, sale and handling of food intended for human consumption." This is interpreted a including bars, pubs and nightclubs. The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to smoking in bars, pubs and nightclubs.

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

The Anti-Smoking Law prohibits smoking in public places. The Anti-Smoking Regulations further elaborate that smoking is prohibited, among other places, in "facilities for the manufacture, processing, sale and handling of food intended for human consumption." This is interpreted as including casinos. The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to smoking in casinos.

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

The Anti-Smoking Law prohibits smoking in public places. The Anti-Smoking Regulations further elaborate that smoking is prohibited, among other places, in "businesses, institutions belonging to the general public and mixed sectors." This is interpreted as including hotels and their public areas. The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to smoking in public areas of hotels.

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 Anti-Smoking Law prohibits smoking in public places. The Anti-Smoking Regulations further elaborate that smoking is prohibited, among other places, in "businesses, institutions belonging to the general public and mixed sectors." This is interpreted as including hotels. However, because guest rooms of hotels are not explicitly addressed, the regulatory code "Uncertain" 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 and workplaces, including hotel guestrooms. To clarify the scope of the ban and aid in enforcement, the law should contain definitions of "workplace" and "public place" in accordance with the definitions provided in the FCTC Art. 8 Guidelines.

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

The Anti-Smoking Law prohibits smoking in public places. The Anti-Smoking Regulations further elaborate that smoking is prohibited, among other places, "on the premises of government buildings." This is interpreted as covering public areas of prisons and detention facilities, as these are government facilities. The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to smoking in public areas of prisons and detention facilities.

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.
Analysis

The Anti-Smoking Law prohibits smoking in "public places," which is defined to include "public transport." The Anti-Smoking Regulations further elaborate that smoking is prohibited in "means of mass and public transportation, whether by land, sea or air, on domestic or overseas routes, trips and flights." Therefore, smoking in trains, buses and other shared ground transportation is prohibited. The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to smoking in trains, buses and other shared ground transportation.

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.
Analysis

The Anti-Smoking Law prohibits smoking in "public places," which is defined to include "public transport." The Anti-Smoking Regulations further elaborate that smoking is prohibited in "means of mass and public transportation, whether by land, sea or air, on domestic or overseas routes, trips and flights." Therefore, smoking in taxis is prohibited. 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.
Analysis

The Anti-Smoking Law prohibits smoking in "public places," which is defined to include "public transport." The Anti-Smoking Regulations further elaborate that smoking is prohibited in "means of mass and public transportation, whether by land, sea or air, on domestic or overseas routes, trips and flights." Therefore, smoking in commercial aircraft is prohibited. The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to smoking in commercial 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.
Analysis

The Anti-Smoking Law prohibits smoking in "public places," which is defined to include "public transport." The Anti-Smoking Regulations further elaborate that smoking is prohibited in "means of mass and public transportation, whether by land, sea or air, on domestic or overseas routes, trips and flights." Therefore, smoking in commercial watercraft is prohibited. 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)

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 Anti-Smoking Law prohibits smoking in public places. The Anti-Smoking Regulations further elaborate that smoking is prohibited, among other places, in "airports, seaports and passenger stations." This is interpreted as including all public transport facilities. The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to smoking in public transport facilities.