Last updated: January 14, 2021
Second Hand Smoke (or similar term)
Although this term is not defined, a definition is not strictly necessary because the term is not used. The law’s smoke free measures provide that “smoking shall not be permitted in . . . the premises or buildings or parts thereof specified . . .” rather than, for example, “no person shall be exposed to second hand smoke in enclosed public places.”
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: with its grammatical variations, means inhaling and expelling the smoke of tobacco or any other substance and includes the holding of any cigar, cigarette, pipe or any other form of tobacco product which is alight or emitting smoke.
This definition is comprehensive and incorporates the FCTC Art. 8 Guidelines definition of the term.
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)
The Notification includes the term “public place” but fails to define this term. The lack of a clear definition may cause an unclear understanding of the terms included in the Act and may hamper compliance with FCTC Art. 8 obligations. The law should provide a definition of “public place” in accordance with the definition in the FCTC Art. 8 Guidelines.
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)
Office premises: means any room or premises or part thereof the sole or principal use of which is for the carrying out of any administrative or clerical or other related work.
This definition does not align with the FCTC Art. 8 Guidelines. It is narrower and does not include areas used commonly by the workers in the course of their employment and instead includes only those areas that are used solely or principally for work. Also, the definition does not explicitly include duties of employment for voluntary work. A definition of “workplace” should be provided in accordance with 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 service vehicle (Smoking (Prohibition in Certain Places) Act): has the same meaning as in the Road Traffic Act (Cap. 276).
Public service vehicle (Road Traffic Act): means a vehicle used or kept for use for the carriage of passengers for hire or reward, other than a vehicle constructed for use on fixed rails or specially prepared ways.
The definitions of “public service vehicle,” “aircraft, and “railway” (see below) together align 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” or “enclosed” are not defined by the law. Having no definition for this key term may make interpretation of substantive provisions difficult, which can hamper application and implementation of FCTC Art. 8 and the FCTC Art. 8 Guidelines. For example, the law lists places where smoking is prohibited specifying, in some instances, that smoking is prohibited in the “indoor” or “enclosed” parts of those places. Therefore, for interpretation of the law, a definition of “indoor” and “enclosed” should be provided.
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)
Although this term is not defined, a definition is not strictly necessary because the prohibition on smoking applies to the smoking of tobacco or any other substance. A definition of “tobacco products” is, therefore, not necessary for interpretation and enforcement of the law.
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))
Uncovered area: means an area that does not have a ceiling, roof, or other structure or device (whether fixed or moveable) that prevents or impedes upward airflow.
The definition of “uncovered area” is significant because the law places some restrictions on smoking in “uncovered areas” near the ventilation intake of buildings, near windows or openings into buildings, and entrances and exits to buildings.
Refreshment area: means any premises, or any part thereof, of a foodshop, hawker centre, discotheque, pub, bar, lounge or night club where food or drinks may be consumed by members of the public or a section of the public.
The definition of “refreshment area” is significant because the law allows smoking to be designated in outdoor and indoor refreshment areas of certain places including bars, discotheques, nightclubs, or any private club.
Hawker centre: means any place or premises or part thereof (other than a foodshop), with multiple stalls, used for the sale, or for the preparation or manufacture for sale, or for the storage or packing for sale, of food whether cooked or not, intended for human consumption.
The definition of “hawker centre” is significant because the law allows for smoking to be designated in outdoor and, in some circumstances, indoor refreshment areas at these establishments.
Foodshop (Smoking (Prohibition in Certain Places) Notification): means any food establishment licensed as a foodshop under section 32 of the Environmental Public Health Act (Cap. 95).
Food establishment (Environmental Public Health Act): means any place or any premises or part thereof used for the sale, or for the preparation or manufacture for sale, or for the storage or packing for sale, of food, whether cooked or not, intended for human consumption.
The definition of “foodshop” is significant because the law allows for smoking to be designated in outdoor refreshment areas at these establishments.
Railway: means a railway or any portion of a railway for the public carriage of passengers, animals or goods and includes:
(a) all land within the fences or other boundary marks indicating the limits of the land appurtenant to a railway;
(b) all lines of rails, sidings or branches worked over for the purposes of or in connection with a railway;
(c) all stations, offices, warehouses, wharves, workshops, manufactories, fixed plant and machinery, and other works constructed for the purposes of or in connection with a railway;
(d) all ferries, ships, boats and craft which are used for the traffic of a railway and belong to or are hired or worked by the authority administering the railway;
(e) all engines, passenger coaches, and goods and livestock vehicles, or other rolling-stock used for the purpose of carrying on the traffic of the railway;
(f) all road vehicles used by or on behalf of or under contract with a railway administration for the conveyance of passengers, parcels, goods, livestock and vehicles; and
(g) all aircraft used by or on behalf of or under contract with a railway administration for the conveyance of passengers, parcels, goods and livestock.
The definition of “railway” is significant because the law penalizes those who smoke on railways where smoking is prohibited. It also defines the jurisdiction over which a railway official has authority.
Aircraft: means any machine that can derive support in the atmosphere from the reactions of the air other than the reactions of the air against the earth’s surface.
The definition of “aircraft” is significant because the law imposes a duty to post signs indicating when smoking is prohibited and penalizes those who smoke in designated non-smoking areas.
Market (Smoking (Prohibition in Certain Places) Notification): has the same meaning as in the Environmental Public Health Act (Cap. 95) but excludes any outdoor market.
Market (Environmental Public Health Act): means any place used for the sale of any meat, fish, fruit, vegetable, poultry, egg or other article of food, whether cooked or uncooked, for human consumption, and includes any premises therein used for the sale of goods or in any way used in conjunction or connection therewith or appurtenant thereto.
The definition of “market” is significant because the law bans smoking in all indoor markets.
Child Care Centre
Child care centre (Smoking (Prohibition in Certain Places) Notification):means a child care centre licensed under the Child Care Centres Act (Cap. 37A).
Child care centre (Child Care Centres Act): any premises at which 5 or more children who are under the age of 7
years are habitually received for the purposes of care and supervision
during part of the day or for longer periods.
The definition of “child care centre” is significant because the law bans smoking in childcare facilities.