Singapore

The Smoking (Prohibition in Certain Places) Act imposes a duty on the manager of every place and on the operator of every vehicle specified as smoke free to display a sufficient number of notices of adequate size in conspicuous places indicating that the place or vehicle is smoke free. If convicted of a violation of this duty, managers and operators are subject to a fine not exceeding $1,000.

Additionally, pursuant to the Smoking (Prohibition in Certain Places) Act and the Smoking (Prohibition in Certain Places) (Composition of Offences) Regulations, the Director-General has the discretion to “compound” any offense under the Act. In doing so, the person in violation agrees to pay a sum not exceeding $500 in exchange for having any further proceedings related to the offense dropped. 

These provisions align with FCTC Art. 8 and the FCTC Art. 8 Guidelines in that they provide for a range of penalties and increased fines for repeat offenses.

There is no duty imposed upon business owners, employers, or supervisors to remove ashtrays from the premises. To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should impose a duty upon the owner, manager, or other person in charge of the premises to remove ashtrays from the premises.

The Smoking (Prohibition in Certain Places) Act imposes a duty on the manager of any place or the operator of any vehicle specified as smoke free to take several steps to warn any person who smokes in violation of the law. First, the manager or operator must ask the individual to cease smoking immediately and to notify him of the penalty for failure to comply. Second, if the person fails to stop smoking, the manager or operator must ask the individual to leave immediately. Third, if the individual refuses to leave, the manager or operator may then seek the assistance of the police or other authorized officers.

Managers and operators who fail to take these steps and are convicted of the offense may be subject to a fine not exceeding $1,000 for the first offense, and a fine not exceeding $2,000 for a second or subsequent conviction.

Alternatively, pursuant to the Smoking (Prohibition in Certain Places) Act and the Smoking (Prohibition in Certain Places) (Composition of Offences) Regulations, the Director-General has the discretion to “compound” any offense under the Act. In doing so, the person in violation agrees to pay a sum not exceeding $500 in exchange for having any further proceedings related to the offense dropped.

These provisions align with FCTC Art. 8 and the FCTC Art. 8 Guidelines in that they provide for a range of penalties and increased fines for repeat offenses.

Individuals who are aggrieved by the smoking of another person in a smoke free place may lodge a complaint with the manager of that place. The manager then has a duty to take all reasonable steps to investigate the complaint and, if the complaint is found to be true, to take all steps as specified above (e.g., asking person to stop smoking, asking person to leave the premises if he fails to stop smoking, etc.).

Managers who fail to investigate such complaints may be subject to a fine not exceeding $1,000 for a first offense, and a fine not exceeding $2,000 for a second or subsequent conviction.

The Smoking (Prohibition in Certain Places) Act implies a duty on smokers not to smoke where prohibited because the law imposes a fine for smoking in a place or vehicle that has been specified as smoke free. A fine not exceeding $1,000 is imposed on those convicted of such an offense.

Alternatively, pursuant to the Smoking (Prohibition in Certain Places) Act and the Smoking (Prohibition in Certain Places) (Composition of Offences) Regulations, the Director-General has the discretion to “compound” any offense under the Act. In doing so, the person in violation agrees to pay a sum not exceeding $500 in exchange for having any further proceedings related to the offense dropped. 

Section 67 of the Railways Act imposes a duty on individuals not to smoke or chew any tobacco products in areas of the train or railway premises where it is prohibited. Those in violation are subject to a fine not exceeding $20 for each offense. Any individual who persists using tobacco after being warned by a railway official or another passenger may be removed by any official from the train or railway premises in addition to incurring the fine.

In addition, Sec. 6 of the Rapid Transit Systems Regulations imposes a duty on individuals not to smoke or carry any lighted tobacco products where expressly prohibited by notice. An individual may be removed from the rapid transit system for violating this regulation. Any individual convicted of violating the no smoking regulation is subject to a fine not exceeding $1,000. Alternatively, pursuant to the Rapid Transit Systems Act, the offense may be compounded by the Chief Executive of the Land Transport Authority, in which case the person in violation agrees to pay the lower of one-half of the maximum fine that is prescribed for the offense or $5,000 in exchange for having further proceedings dropped.

Section 38(4) of the Air Navigation Act implies a duty on smokers not to smoke in certain circumstances in aircraft because the law imposes a fine for smoking when instructed not to smoke by any crew member or any passenger information sign or placard. A fine not exceeding $5,000 or imprisonment for a term not exceeding 12 months or both is imposed on those convicted of such an offense.

The provisions under the Smoking (Prohibition in Certain Places) Act and the Air Navigation Act align with FCTC Art. 8 and the FCTC Art. 8 Guidelines in that they provide for a range of penalties and increased fines for repeat offenses. However, the penalties in the Railways Act do not align with FCTC Art. 8 and the FCTC Art. 8 Guidelines. FCTC Art. 8 Guidelines para. 32 provides that Parties should specify fines that are sufficiently large to deter violations. The fine imposed for violating the Railways Act’s restrictions on smoking may not exceed $20, which is a much lower amount than the other penalties. Singapore should consider whether a fine of up to $20 is sufficient to deter an individual from abiding by the smoking restrictions on trains. In addition, the Rapid Transit Systems Act should provide for a range of penalties and higher fines for repeat violations.