Last updated: October 20, 2020
Key Terms
Second Hand Smoke (or similar term)
Neither the Anti-Smoking Law nor the regulations contain a definition of "second hard smoke." However, a definition is not strictly necessary in order to interpret the law, as the law prohibits "smoking" in public places rather than protecting from "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
Smoking: Deliberate use, inhalation or chewing of all kinds of tobacco, by any means, such as hookahs (water pipes), hubble-bubbles or pipes, and other means.
The definition of "smoking" in the Anti-Smoking Regulations is narrower than the definition provided in the FCTC because it encompasses only the concept of "using" a tobacco product but not "being in possession or control" of a tobacco product. However, the definition in the regulations is also broader because it includes "chewing" a tobacco product as well as using smoked tobacco products.
To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law and/or regulations should contain a definition of "smoking" or "smoke" 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
Public Place: The public place with no ventilation to let the air in except through specific windows, such as the schools, universities, hospitals, clubs, restaurants, meeting rooms, and showrooms . . . etc. Public transportation and any places specified by the Ministry shall be deemed as public places.
The definition of "public place" contained in the Anti-Smoking Law does not align with the definition provided in the FCTC Art. 8 Guidelines. The definition in the law lists types of place that are enclosed, rather than defining the term broadly to address public accessibility and collective use.
To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should contain a definition of "public place" 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
Neither the Anti-smoking Law nor Anti-smoking Regulations contain a definition of "workplace." The law prohibits smoking in many types of workplaces without specifically using this term. The failure to use and define the term "workplace" could hinder implementation of FCTC Art. 8 obligations to adopt effective measures to protect from exposure to tobacco smoke in the workplace.
To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking in all indoor workplaces and define this term 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
Neither the Anti-Smoking Law nor the regulations contain a definition of "public transport." Smoking is prohibited on public transport and the failure to define this key term could hinder enforcement of this provision.
To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should contain a definition of "public transport" 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
Public Place: The public place with no ventilation to let the air in except through specific windows, such as the schools, universities, hospitals, clubs, restaurants, meeting rooms, and showrooms . . . etc. Public transportation and any places specified by the Ministry shall be deemed as public places.
The Anti-Smoking Law does not contain a definition of "indoor" or "enclosed." However, the law does contain a definition of "public place" that encompasses the concept of "enclosed." Under the law, a "public place" is a place "with no ventilation to let the air in except through specific windows", i.e., enclosed. This concept of "enclosed" does not align with definition of "enclosed" in the FCTC Art. 8 Guidelines, which includes places that have only a roof or only one or more walls.
To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should contain a definition of "indoor" or "enclosed" 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: All types of tobacco prepared for smoking in any way whatsoever such as cigarettes, cigars, and chewing tobacco and the like.
Tobacco: All types of tobacco used for smoking, including all kinds and parts thereto, whether roots, stems, leaves, fruits and green or dried seeds, by whatever means, such as cigarettes, cigars, tumbak and so on.
The Anti-Smoking Law and the Anti-Smoking Regulations each contain a definition of "tobacco." These definitions together align with the definition in FCTC Art. 1(f). Although the definitions state that they encompass tobacco products used for "smoking", the definition of "smoking" includes "use, inhalation or chewing" of tobacco; therefore, all types of tobacco products are covered.
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))
