Last updated: July 29, 2023
Smoke Free Status of Indoor Public Places, Workplaces, and Public Transport
All indoor workplaces
The law prohibits smoking in public places, including “offices and workplaces” and “factories”, as well as a list of other places that might be workplaces for some people. Although workplace is not defined, the law is interpreted as prohibiting smoking in all workplaces.
The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to indoor workplaces. However, to clarify the scope of the law, the law should provide a definition of “indoor” and “workplace” in accordance with the definitions of “indoor” and “workplace” contained in the FCTC.
All indoor public places
The law prohibits smoking in public places, including an enumerated list of public places. The definition of “public place”, which aligns with the FCTC definition, is broad enough to cover all indoor public places. Although the list itself may not include all possible public places, the law does not specify that the list is exhaustive. Therefore, any place that falls under the definition of “public place” is smokefree.
The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to indoor public places. To clarify the scope of the law, the law should provide a definition of “indoor” in accordance with the definition of “indoor” contained in the FCTC Article 8 Guidelines.
All public transport
The law prohibits smoking in public places, including “public service vehicles, aircrafts, passenger ships, commuter boats, trains, passenger vehicles, ferries or other public conveyance.” The definition of public conveyance includes any “mode of transportation that carries passengers for hire or reward.” Therefore, all public transport is smokefree.
The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to public transport.
Government facilities
The law prohibits smoking in public places, including “offices and workplaces, [and] court buildings”. Offices and workplaces are interpreted as including government facilities, as people work in government facilities.
The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to government facilities.
Private offices
The law prohibits smoking in public places, including “offices and workplaces”. Therefore, smoking is prohibited in private offices.
The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to private offices.
Hospitals
The law prohibits smoking in public places, including “hospitals, clinics and other health institutions”.
The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to hospitals.
Residential healthcare facilities - public areas
The law prohibits smoking in public places, including “hospitals, clinics and other health institutions”. Therefore, smoking is prohibited in public areas of residential healthcare facilities.
The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to public areas of healthcare facilities.
Non-residential healthcare facilities
The law prohibits smoking in public places, including “hospitals, clinics and other health institutions”. Therefore, smoking is prohibited in non-residential healthcare facilities.
The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to non-residential healthcare facilities.
Childcare facilities/preschools
The law prohibits smoking in public places, including “children’s homes, and such other premises where children are cared for”. Therefore, smoking is prohibited in childcare facilities and preschools.
The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to childcare facilities and preschools.
Primary and secondary schools
The law prohibits smoking in public places, including “educational facilities”. Therefore, smoking is prohibited in primary and secondary schools.
The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to primary and secondary schools.
Universities/vocational facilities
The law prohibits smoking in public places, including “educational facilities”. Therefore, smoking is prohibited in universities and vocational facilities.
The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to universities and vocational facilities.
Shops
The law prohibits smoking in public places, including “markets, shopping malls and retail and wholesale establishments”.
The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to shops.
Cultural facilities
The law prohibits smoking in public places, including “cinema halls, theatres, video houses, such other halls or places of performance.” Although other types of cultural facilities, such as museums, are not specifically listed, the definition of “public place” includes other types of cultural facilities. Because the list is not interpreted as being exhaustive, the law is interpreted as prohibiting smoking in cultural facilities.
The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to cultural facilities.
Indoor stadium/arenas
The law prohibits smoking in public places, including “stadia, sports and recreational facilities.”
The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to indoor stadiums and arenas.
Restaurants
The law prohibits smoking in public places, including “restaurants hotels, bars or other eating places.”
The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to restaurants.
Bars/pubs/nightclubs
The law prohibits smoking in public places, including “restaurants hotels, bars or other eating places” and “disco halls or other entertainment facilities” Therefore, smoking is prohibited in bars, pubs and nightclubs.
The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to bars, pubs and nightclubs.
Casinos
The law prohibits smoking in public places, including “entertainment facilities”. This is interpreted as including casinos.
The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to casinos.
Hotels/lodging - public areas
The law prohibits smoking in public places, including “hotels” and “reception areas . . . and amenity areas”. Therefore, public areas of hotels are smokefree.
The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to public areas of hotels.
Hotels/lodgings - guest rooms
The law prohibits smoking in public places, including “restaurants hotels, bars or other eating places”. It is unclear whether this provision was intended to include hotel guestrooms, and whether guest rooms fall within the definition of public place. Therefore, the regulatory status “Uncertain” is given.
To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should explicitly prohibit smoking in guest rooms in hotels and lodging facilities.
Prisons/detention facilities - public areas
The law prohibits smoking in public places, including “correctional centres, police stations and cells.”
The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to public areas of prisons and detention facilities.
Trains, buses and other shared ground transportation other than taxis
The law prohibits smoking in public places, including “public service vehicles . . . trains, passenger vehicles . . . or other public conveyance.” Therefore, trains, buses and other shared ground transportation are smokefree.
The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to trains, buses, and other shared ground transport.
Taxis (for-hire vehicle)
The law prohibits smoking in public places, including “public service vehicles . . . passenger vehicles . . . or other public conveyance.” A “pubic conveyance” is “a mode of transportation that carries passengers for hire or reward”. Therefore, taxis are smokefree.
The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to taxis.
Commercial aircraft
The law prohibits smoking in public places, including “aircrafts”.
The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to commercial aircraft.
Commercial watercraft
The law prohibits smoking in public places, including “passenger ships, commuter boats . . . [and] ferries.”
The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to commercial watercraft.
Public transport facilities (waiting areas for mass transit)
The law prohibits smoking in public places, including “railway stations, airports, air fields, ports, and other public transport terminals.”
The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to public transport facilities.
Factories
The law prohibits smoking in public places, including factories.
The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines, as factories are indoor public places and therefore should be smokefree.
Corridors, lounges reception areas lifts, escalators, foyers, stairwells, toilets, laundries and amenity areas
The law prohibits smoking in public places, including “corridors, lounges reception areas lifts, escalators, foyers, stairwells, toilets, laundries and amenity areas”.
The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines, as these places are indoor public places and therefore should be smokefree.