Last updated: February 26, 2024
Key Terms
Second Hand Smoke (or similar term)
The law does not contain a definition of "second hand smoke." Although this term is not defined, a definition is not strictly necessary because the term is not used in the law. The law provides that "smoking is prohibited in" specified places, rather than, for example, "no person shall be exposed to second hand smoke" in specified 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
The law does not contain a definition of "smoking" or “smoke.” Although this term is not defined, a definition is not strictly necessary because the term is not used in the law. To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, a definition of “smoking” or “smoke” 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
The term “public place” is not defined in any of the circulars regulating smoking restrictions in public places. Moreover, none of the circulars addresses smoking in public places, and therefore a definition is not needed to interpret the law. However, to align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should provide a definition of “public place” in accordance with the definition contained in the FCTC Art. 8 Guidelines and should also prohibit smoking in all public places and workplaces.
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
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 “workplace” and this may impair the ability of the law to fulfill FCTC Art. 8 requirements. A definition of "workplace" or similar terms 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
The term “public transport” is not defined in any of the circulars regulating smoking restrictions. Moreover, none of the circulars addresses smoking on public transport, and therefore a definition is not needed to interpret the law. However, to align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should provide a definition of “public transport” in accordance with the definition contained in the FCTC Art. 8 Guidelines and should also prohibit smoking on all forms of public transport.
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 in any of the circulars regulating smoking restrictions in public places. Moreover, none of the circulars addresses smoking in indoor or enclosed places, and therefore a definition is not needed to interpret the law. However, to align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should provide a definition of “indoor” or “enclosed” in accordance with the definition contained in the FCTC Art. 8 Guidelines and should also prohibit smoking in all indoor public places and workplaces.
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
The lack of definition of “tobacco product” could hinder enforcement of smoking restrictions in public places. Therefore, a definition of “tobacco product” should be provided in accordance with the definition provided in FCTC Art. 1.
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))
Public Health Building
This description is relevant because it clarifies the prohibition on smoking in certain indoor public places and indoor workplaces.
