LANGUAGE
Last updated: January 14th 2021

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

Article 19(1) of the Tobacco Control Act 2010 outlines that an employer or a person-in-charge of any workplace is responsible for ensuring that no person smokes in any indoor part of the workplace. The law goes on to allow employers to create a smoking area on the site of a workplace (Art. 19(2)) that must be located outside, where work is not undertaken, and in a location that prevents smoke from drifting back inside the workplace (Arts. 19(3)(a) and (b) respectively). However, notwithstanding the above provisions, Art. 19(4) of the law allows owners or occupiers to create designated smoking spaces within indoor workplaces.

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
Articles 19(1)-(4)

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 law specifies locations in which smoking is prohibited, including indoor workplaces, schools, hospitals, and public transport. The law does not provide a prohibition on smoking in public places generally.

The law includes areas such as restaurants, bars, cafeterias, lobbies, stairwells, etc., in the definition of “workplace.” As a result, many “indoor public places” will be covered by the restrictions on smoking in workplaces. However, as the law allows owners/occupiers the freedom to create designated smoking spaces within indoor workplaces (Art. 19(4)), spaces that fall under the definition of “workplace” may not be entirely smoke-free. 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 indoor public places.

Law Source, Section

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.
Analysis

The law prohibits smoking "in public transport”, and outlines that all public transport, whether by “air, land or water” is to be operated “smoke-free”. However, Art. 22(2) allows the owner of a ship or vessel to designate a smoking area on the ship, provided it is located outside. The law does not include any exceptions for transport by land or air. Because the law allows smoking in designated areas on ships, 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 forms of public transportation.

Law Source, Section

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.
Analysis

The law does not specifically address smoking in government facilities. The law prohibits smoking in indoor workplaces, which presumably covers many government facilities, but permits owners/occupiers to create designated smoking spaces within indoor workplaces. 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 require all government facilities to be 100% smoke free.

Law Source, Section
Articles 19(1), (4)

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

Article 19(1) of the Tobacco Control Act 2010 prohibits smoking in indoor workplaces, the definition of which specifically includes a “private office.” However, the law allows owners/occupiers the freedom to create designated smoking spaces within indoor workplaces. As smoking areas are technically permitted in private offices, 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 private offices to be 100% smoke free.

Law Source, Section
Articles 2; 19(1), (4)

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 law prohibits smoking in hospitals and health clinics. The ban on smoking applies to all indoor and outdoor areas, without exception.

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

Law Source, Section

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 law prohibits smoking in health clinics. Although there is no definition of “health clinics” in the law, it is interpreted to include both residential and non-residential healthcare facilities. The ban on smoking applies to all indoor and outdoor areas, without exception.

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

Law Source, Section

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 law prohibits smoking in health clinics. Although there is no definition of “health clinics” in the law, it is interpreted to include both residential and non-residential healthcare facilities. The ban on smoking applies to all indoor and outdoor areas, without exception.

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

Law Source, Section

Childcare facilities/preschools

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

Article 20(1) of the Tobacco Control Act 2010 prohibits smoking on any school grounds - indoor or outdoor - and whether the structures are permanent or temporary, without exception. However, Art. 2 of the Tobacco Control Regulations 2013 defines “school” as “a primary or secondary education institution.” It appears that childcare facilities and preschools fall outside this definition.

Nevertheless, smoking in these facilities is subject to the restrictions placed on smoking in indoor workplaces. The law allows owners/occupiers the freedom to create designated smoking spaces within indoor workplaces (Art. 19(4)). As a result, 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 childcare facilities and preschools.

Law Source, Section
Articles 19(1), (4); 20(1)

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

Article 20(1) of the Tobacco Control Act 2010 prohibits smoking on any school grounds - indoor or outdoor - and whether the structures are permanent or temporary, without exception. Article 2 of the Tobacco Control Regulations 2013 specifically defines “school” as “a primary or secondary education institution.”

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

Law Source, Section

Universities/vocational 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.
Analysis

Article 20(1) of the Tobacco Control Act 2010 prohibits smoking on any school grounds - indoor or outdoor - and whether the structures are permanent or temporary, without exception. However, Art. 2 of the Tobacco Control Regulations 2013 defines “school” as “a primary or secondary education institution.” It appears that universities and vocational facilities fall outside this definition.

Nevertheless, smoking in these facilities is subject to the restrictions placed on smoking in indoor workplaces. The law allows owners/occupiers the freedom to create designated smoking spaces within indoor workplaces (Art. 19(4)). As a result, 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.

Law Source, Section
Articles 19(4), 20(1)

Shops

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 does not specifically address smoking in shops/retail common areas. The law prohibits smoking in indoor workplaces, which would cover shops, but permits owners/occupiers to create designated smoking spaces within indoor workplaces. 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 require all shops and related common areas to be 100% smoke free.

Law Source, Section
Articles 19(1), (4)

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.
Analysis

The law does not specifically address smoking in cultural facilities. The law prohibits smoking in indoor workplaces, which presumably covers many cultural facilities, but permits owners/occupiers to create designated smoking spaces within indoor workplaces. Therefore, the regulatory status code "Smoking is Restricted" is given.

To align with FCTC Art. 9 and the FCTC Art. 8 Guidelines, the law should require all cultural facilities to be 100% smoke free.

Law Source, Section
Articles 19(1), (4)

Indoor stadium/arenas

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 does not specifically address smoking in indoor stadiums/arenas. The law prohibits smoking in indoor workplaces, which presumably covers many indoor stadiums/arenas, but permits owners/occupiers to create designated smoking spaces within indoor workplaces. 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 require all indoor stadiums/arenas to be 100% smoke free.

Law Source, Section
Articles 19(1), (4)

Restaurants

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

Article 19(1) of the Tobacco Control Act 2010 prohibits smoking in indoor workplaces, but permits owners/occupiers the freedom to create designated smoking spaces. The definition of “workplaces” specifically includes restaurants. As smoking areas are permitted in restaurants, 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 restaurants to be 100% smoke free.

Law Source, Section
Articles 2; 19(1), (4)

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

Article 19(1) of the Tobacco Control Act 2010 prohibits smoking in indoor workplaces, but permits owners/occupiers the freedom to create designated smoking spaces. The definition of “workplaces” specifically includes bars. As smoking areas are permitted in bars, 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 bars, pubs, and nightclubs to be 100% smoke free.

Law Source, Section
Articles 2; 19(1), (4)

Casinos

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 does not specifically address smoking in casinos. The law prohibits smoking in indoor workplaces, which presumably covers casinos, but permits owners/occupiers to create designated smoking spaces within indoor workplaces. 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 require all casinos to be 100% smoke free.

Law Source, Section
Articles 19(1), (4)

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 law does not specifically address smoking in hotels and lodging. The law prohibits smoking in indoor workplaces, which presumably covers hotels and lodging, but permits owners/occupiers to create designated smoking spaces within indoor workplaces. 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 require all public areas of hotels and lodging to be 100% smoke free.

Law Source, Section
Articles 19(1), (4)

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 smoking in hotels. The law prohibits smoking in indoor workplaces, which presumably covers most public areas of hotels, but permits owners/occupiers to create designated smoking spaces within indoor workplaces. However, the law does not mention what rules, if any, apply to guest rooms in hotels. Therefore, the regulatory status code “Uncertain” is given.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should clearly require guest rooms in hotels and other lodging to be 100% smoke free.

Law Source, Section
Articles 19(1), (4)

Prisons/detention facilities - public areas

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 does not specifically address smoking in public areas of prisons/detention facilities. The law prohibits smoking in indoor workplaces, which presumably covers public areas of prisons and detention facilities, but permits owners/occupiers to create designated smoking spaces within indoor workplaces. 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 require all public areas of prisons and detention facilities to be 100% smoke free.

Law Source, Section
Articles 19(1), (4)

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 law prohibits smoking in public transport, whether by “land, air or water.” Although Art. 22(2) allows the owner of a ship or vessel to designate a smoking area on that ship or vessel, there are no similar exemptions for ground transportation. As a result, public transport by land is designated smoke-free.

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

Law Source, Section
Articles 22(1), (2)

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 law prohibits smoking in public transport, whether by “land, air or water.” Although Art. 22(2) allows the owner of a ship or vessel to designate a smoking area on that ship or vessel, there are no similar exemptions for ground transportation. As a result, public transport by land, including taxis, is designated smoke-free.

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

Law Source, Section
Articles 22(1), (2)

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 law prohibits smoking in public transport, whether by “land, air or water.” Although Art. 22(2) allows the owner of a ship or vessel to designate a smoking area on that ship or vessel, there are no similar exemptions for air transportation. As a result, commercial aircraft are smoke-free.

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

Law Source, Section
Articles 22(1), (2)

Commercial watercraft

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 public transport, whether by “land, air or water.” However, Art. 22(2) allows the owner of a ship or vessel to designate a smoking area on that ship or vessel, as long as it is located in an outside area. 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 require all commercial watercraft to be 100% smoke free.

Law Source, Section
Articles 22(1), (2)

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 law prohibits smoking in any “enclosed waiting area or waiting room used for passengers.” This is interpreted as prohibiting smoking in all public transport facilities.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to public transport facilities. For greater clarity, the law should specify that the ban on smoking extends to the whole of the public transport facility.

Law Source, Section