Last updated: July 20, 2022
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’s smoke free measures provide that “no person shall smoke” 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 Prevention of Smoking and Exposure to Smoking in Public Places Law, 1983 does not contain a definition of "smoking." However, the substantive provisions of the law state that "[n]o person may smoke" and "[n]o person may hold any lit tobacco product or smoking implement" in places specified in the law. These provisions align with the key concept from the FCTC Art. 8 Guidelines definition in that they cover possession or control over a lit tobacco product. However, for greater clarity, 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 law does not contain a definition of the term “public place.” Undefined key terms can create ambiguity, subjective interpretation, loopholes in coverage and may undermine the application of other substantive provisions of a law. For example, if it is not clear what is considered "public place," this may impair the ability of the law to fulfill FCTC Art. 8 requirements.
A definition of "public place" should be provided in accordance with the definition provided 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)
Workplace
“Place of work”: any place in a building in which people work and which does not serve for residential purposes and including such a place whoever performs work wherein does so within the framework of service in the security forces as enumerated in sub-section (1) to (5) in Article 11.
The definition of “place of work” contained in the law is narrower than the definition provided in the FCTC Art. 8 Guidelines because it does not specify that a “workplace” includes permanent and temporary areas and common areas, and that work may be done for compensation or on a voluntary basis.
To ensure comprehensive coverage and interpretation of the law, a definition of "workplace" should contain the definitional elements 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 law does not contain a definition of “public transport.” Instead, the law identifies several types of public transport (e.g., minibus, taxicab, railway train) in the Addendum to the Prevention of Smoking and Exposure to Smoking in Public Places Law, 1983. Because the law applies to specified forms of public transport, a definition of “public transport” is not technically necessary.
However, to ensure comprehensive coverage and interpretation of the law, a definition of "public transport" or similar terms should be provided in accordance with the definition 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 in the law. A definition for "indoor" or "enclosed" is not technically necessary for interpretation of the law because the law does not use the terms "indoor" or "enclosed" when describing those places that are smoke free.
However, in order to align with the FCTC Art. 8 Guidelines, requiring smoke free "indoor" public places and workplaces, a definition of "indoor" or "enclosed" 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
“Tobacco products” means tobacco in any form intended for smoking, snuffing, chewing or sucking and includes cigarettes, cigars, cigarillos, pipe tobacco and narghile tobacco.
The Prevention of Smoking and Exposure to Smoking in Public Places Law, 1983 refers to the Restriction on Advertising and Marketing of Tobacco Products Law, 1983 for the definition of “tobacco products.” In the latter law, the definition of “tobacco products” aligns with the definition provided 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))
Smoking Product
"Smoking product": any of the below, unless it constitutes a preparation registered in the Registry or a preparation marketed in accordance with a permit granted in accordance with section 47A of the Pharmacists Ordinance [New Version], 5741-1981:
(1) A tobacco product;
(2) Matter of vegetal origin intended for smoking by means of burning and not containing tobacco, including a mixture, composition, or suspension of a matter as stated;
(3) A product serving for the smoking of tobacco or the smoking of matter of vegetal origin as stated in para. (2), including cigarettes, cigars, cigarillos, narghila, pipe, and cigarette rolling paper;
(4) An electronic cigarette, filling matter, and cartridge.
The definition of "smoking product" is significant because it establishes that use of electronic cigarettes falls within the definition.
