Last updated: August 2, 2022
Second Hand Smoke (or similar term)
The law does not contain a definition of “second hand smoke.”
However, a definition of this term is not necessary for interpretation of the law because the law prohibits the “use” of tobacco products in public places and public transportation (with exceptions) rather than prohibiting “exposure to second hand smoke.”
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
“Tobacco smoking” means inhalation or exhalation of smoke produced by a tobacco product through the nose or mouth, putting a tobacco product into the mouth, chewing, eating, or breathing in a tobacco product.
To align with FCTC Art. 8 Guidelines, the law’s definition should specify “being in possession or control of a lit tobacco product regardless of whether the smoke is being actively inhaled or exhaled.”
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 areas” means places freely accessible to members of the public without any restriction, places where members of the public can hang out or get together for other purposes, things such as vehicles and vessels that can be used in this manner, and other public places prescribed by regulations issued under this Act. “Public place” means a place or a vessel or a vehicle which is open and accessible to all people to walk or stroll or where people can gather or sit; or any other place designated as public place under this Regulation written under the Law.
The Tobacco Control Act and implementing regulations respectively define “public areas” and “public place.” These definitions align with the definition of “public place” provided in the FCTC Art. 8 Guidelines. However, the definition could be clearer by specifying that public places may be permanent or temporary.
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” means a place of employment or voluntary work, that has a ceiling or roof or is enclosed by a wall, walls, partition, partitions, or other such material. In addition to the general place of work, it includes other areas connected to it and used by employees during their working hours, such as elevator, corridor, staircase, lobby, toilet, lounge, cafeteria, canteen, and tea room. Domestic premises are not included in the meaning of workplace unless it is used for business purposes or to provide a public service. In defining workplace, a whole island may not be considered as a workplace.
“Workplaces” mean a place covered by a roof or any other means and enclosed by a partition or wall or by any other means where a person works or performs a duty for pay or as volunteer. It also includes annexes and fixtures of workplaces such as lifts, corridors, staircases, lobbies, lounges, toilets, cafeterias, canteens and tea rooms. It excludes places used for domestic purposes and not providing commercial services. The whole island shall not be considered as a workplace.
The Tobacco Control Act and implementing regulations respectively define “workplace” and “workplaces.” Neither definition aligns with the definition provided in the FCTC Art. 8 Guidelines because the definitions apply only to permanent, and not temporary, work spaces that are simultaneously used by a number of people. A definition of “workplace” should be provided in accordance with the definition provided in the FCTC Art. 8 Guidelines.
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 vehicles or vessels and areas” means vehicles or vessels used on a commercial basis or by fare- paying passengers, places used at stages of such types of transport, and other such vehicles or vessels and places prescribed by regulations issued under this Act. It includes transportation of members of the public free of charge in relation to a particular occasion or incident, or other social event or social responsibility. Vehicles or vessels used only for the transportation of cargo, and fishing vessels are exempted from this definition except in circumstances where such vehicles or vessels are used to transport passengers on a fare-paying or commercial basis.
The definition of “public transport vehicles or vessels and areas” aligns with the definition of “public transport” provided in 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 law does not contain a definition of “indoor” or “enclosed.” However, the definition of “workplace” contained in the Tobacco Control Act and the definition of “workplaces” contained in the implementing regulations each has an indoor/enclosed component. However, the definitions conflict as to whether both a roof and one or more walls are required or whether a roof or one or more walls suffice.
To ensure comprehensive coverage and interpretation of the law, a definition of "indoor” or “enclosed" or similar terms 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” means tobacco, tobacco stems, products prepared from tobacco and tobacco stems, or products in which those ingredients are present.
The definition of “tobacco product” aligns with the definition provided in FCTC Art. 1(f).
To more fully align, the definition could make clear that tobacco products are manufactured to be used for smoking, sucking, chewing or snuffing as provided in the definition in FCTC Art. 1(f).
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))