Last updated: October 20, 2020
Smoke Free Status of Indoor Public Places, Workplaces, and Public Transport
All indoor workplaces
The Anti-Smoking Law prohibits smoking in "public places." The Anti-Smoking Regulations further elaborate that smoking is prohibited in public places, including a list of types of places set out in the regulations. While the categories listed in the regulations are broad and interpreted as covering all indoor workplaces, using a list runs the risk of, perhaps inadvertently, failing to list a type of place.
The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to indoor workplaces.
All indoor public places
The Anti-Smoking Law prohibits smoking in "public places." The Anti-Smoking Regulations further elaborate that smoking is prohibited in public places, including a list of types of places set out in the regulations. While the categories listed in the regulations are broad and interpreted as covering all indoor public places, using a list runs the risk of, perhaps inadvertently, failing to list a type of place.
The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to indoor public places.
All public transport
The Anti-Smoking Law prohibits smoking in "public places," which is defined to include "public transport." The Anti-Smoking Regulations further elaborate that smoking is prohibited in "means of mass and public transportation, whether by land, sea or air, on domestic or overseas routes, trips and flights." Therefore, all public transport is smoke free.
The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to smoking in public transport.
Government facilities
The Anti-Smoking Law prohibits smoking in public places. The Anti-Smoking Regulations further elaborate that smoking is prohibited, among other places, "on the premises of government buildings." Therefore, all government facilities are smoke free. The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to smoking in government facilities.
Private offices
The Anti-Smoking Law prohibits smoking in public places. The Anti-Smoking Regulations further elaborate that smoking is prohibited, among other places, in "government buildings, businesses, institutions belonging to the general public and mixed sectors, and branches and offices thereof." Therefore, smoking is prohibited in private offices. The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to smoking in private offices.
Hospitals
The Anti-Smoking Law prohibits smoking in public places. The Anti-Smoking Regulations further elaborate that smoking is prohibited in, among other places, "hospitals" and "health institutions." The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to smoking in hospitals.
Residential healthcare facilities - public areas
The Anti-Smoking Law prohibits smoking in public places. The Anti-Smoking Regulations further elaborate that smoking is prohibited in, among other places, "hospitals" and "health institutions." Therefore, healthcare facilities, including their public areas, are smoke free. The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to smoking in public areas of healthcare facilities.
Non-residential healthcare facilities
The Anti-Smoking Law prohibits smoking in public places. The Anti-Smoking Regulations further elaborate that smoking is prohibited in, among other places, "hospitals" and "health institutions." Therefore, non-residential healthcare facilities are smoke free. The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to smoking in non-residential healthcare facilities.
Childcare facilities/preschools
The Anti-Smoking Law prohibits smoking in public places. The Anti-Smoking Regulations further elaborate that smoking is prohibited in "kindergartens, nurseries, schools, universities . . . and all educational . . . institutions." Therefore, childcare facilities and preschools are smoke free. The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to smoking in childcare facilities and preschools.
Primary and secondary schools
The Anti-Smoking Law prohibits smoking in public places. The Anti-Smoking Regulations further elaborate that smoking is prohibited in "kindergartens, nurseries, schools, universities . . . and all educational . . . institutions." Therefore, primary and secondary schools are smoke free. The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to smoking in primary and secondary schools.
Universities/vocational facilities
The Anti-Smoking Law prohibits smoking in public places. The Anti-Smoking Regulations further elaborate that smoking is prohibited in "kindergartens, nurseries, schools, universities . . . and all educational . . . institutions." Therefore, universities and vocational facilities are smoke free. The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to smoking in universities and vocational facilities.
Shops
The Anti-Smoking Law prohibits smoking in public places. The Anti-Smoking Regulations further elaborate that smoking is prohibited, among other places, in "enclosed markets and shops." The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to smoking in shops.
Cultural facilities
The Anti-Smoking Law prohibits smoking in public places. The Anti-Smoking Regulations further elaborate that smoking is prohibited, among other places, in "enclosed spaces where social, cultural and sport activities take place." Therefore, all cultural facilities are smoke free. The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to smoking in cultural facilities.
Indoor stadium/arenas
The Anti-Smoking Law prohibits smoking in public places. The Anti-Smoking Regulations further elaborate that smoking is prohibited, among other places, in "enclosed spaces where social, cultural and sport activities take place." Therefore, all indoor stadiums and arenas are smoke free. The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to smoking in indoor stadiums and arenas.
Restaurants
The Anti-Smoking Law prohibits smoking in public places. The Anti-Smoking Regulations further elaborate that smoking is prohibited, among other places, in "facilities for the manufacture, processing, sale and handling of food intended for human consumption." Therefore, restaurants are smoke free. The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to smoking in restaurants.
Bars/pubs/nightclubs
The Anti-Smoking Law prohibits smoking in public places. The Anti-Smoking Regulations further elaborate that smoking is prohibited, among other places, in "facilities for the manufacture, processing, sale and handling of food intended for human consumption." This is interpreted a including bars, pubs and nightclubs. The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to smoking in bars, pubs and nightclubs.
Casinos
The Anti-Smoking Law prohibits smoking in public places. The Anti-Smoking Regulations further elaborate that smoking is prohibited, among other places, in "facilities for the manufacture, processing, sale and handling of food intended for human consumption." This is interpreted as including casinos. The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to smoking in casinos.
Hotels/lodging - public areas
The Anti-Smoking Law prohibits smoking in public places. The Anti-Smoking Regulations further elaborate that smoking is prohibited, among other places, in "businesses, institutions belonging to the general public and mixed sectors." This is interpreted as including hotels and their public areas. The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to smoking in public areas of hotels.
Hotels/lodgings - guest rooms
The Anti-Smoking Law prohibits smoking in public places. The Anti-Smoking Regulations further elaborate that smoking is prohibited, among other places, in "businesses, institutions belonging to the general public and mixed sectors." This is interpreted as including hotels. However, because guest rooms of hotels are not explicitly addressed, the regulatory code "Uncertain" is given.
To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking in all parts of all indoor public places and workplaces, including hotel guestrooms. To clarify the scope of the ban and aid in enforcement, the law should contain definitions of "workplace" and "public place" in accordance with the definitions provided in the FCTC Art. 8 Guidelines.
Prisons/detention facilities - public areas
The Anti-Smoking Law prohibits smoking in public places. The Anti-Smoking Regulations further elaborate that smoking is prohibited, among other places, "on the premises of government buildings." This is interpreted as covering public areas of prisons and detention facilities, as these are government facilities. The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to smoking in public areas of prisons and detention facilities.
Trains, buses and other shared ground transportation other than taxis
The Anti-Smoking Law prohibits smoking in "public places," which is defined to include "public transport." The Anti-Smoking Regulations further elaborate that smoking is prohibited in "means of mass and public transportation, whether by land, sea or air, on domestic or overseas routes, trips and flights." Therefore, smoking in trains, buses and other shared ground transportation is prohibited. The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to smoking in trains, buses and other shared ground transportation.
Taxis (for-hire vehicle)
The Anti-Smoking Law prohibits smoking in "public places," which is defined to include "public transport." The Anti-Smoking Regulations further elaborate that smoking is prohibited in "means of mass and public transportation, whether by land, sea or air, on domestic or overseas routes, trips and flights." Therefore, smoking in taxis is prohibited. The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to smoking in taxis.
Commercial aircraft
The Anti-Smoking Law prohibits smoking in "public places," which is defined to include "public transport." The Anti-Smoking Regulations further elaborate that smoking is prohibited in "means of mass and public transportation, whether by land, sea or air, on domestic or overseas routes, trips and flights." Therefore, smoking in commercial aircraft is prohibited. The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to smoking in commercial aircraft.
Commercial watercraft
The Anti-Smoking Law prohibits smoking in "public places," which is defined to include "public transport." The Anti-Smoking Regulations further elaborate that smoking is prohibited in "means of mass and public transportation, whether by land, sea or air, on domestic or overseas routes, trips and flights." Therefore, smoking in commercial watercraft is prohibited. The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to smoking in commercial watercraft.
Public transport facilities (waiting areas for mass transit)
The Anti-Smoking Law prohibits smoking in public places. The Anti-Smoking Regulations further elaborate that smoking is prohibited, among other places, in "airports, seaports and passenger stations." This is interpreted as including all public transport facilities. The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to smoking in public transport facilities.