Singapore

Although this term is not defined, a definition is not strictly necessary because the term is not used. The law’s smoke free measures provide that “smoking shall not be permitted in . . . the premises or buildings or parts thereof specified . . .” rather than, for example, “no person shall be exposed to second hand smoke in enclosed public places.”

“Smoking” means inhaling and expelling the smoke of tobacco or any other substance and includes the holding of any cigar, cigarette, pipe or any other form of tobacco product which is alight or emitting smoke.

This definition of “smoking” contained in the law aligns with the definition of “smoking” provided in the FCTC Art. 8 Guidelines.

“Publicly accessible place” means any place to which the public or a section of the public has access as of right, or by virtue of express or implied permission with or without payment of a fee.

“Place” means any premises, structure or building, or any unenclosed area (including a road, pavement, wetland and any body of water), but not a vehicle, and includes part of a place.

The definition of "publicly accessible place" should be considered in conjunction with the definition of "place." The definitions do not align with the FCTC Art. 8 Guidelines. They are narrower and do not indicate that temporary structures are public places.  Nor do the definitions indicate that public accessibility is regardless of ownership or right of access.

To align with the FCTC Art. 8 and the Article 8 Guidelines, the law should contain a definition of “public place” in accordance with the FCTC Art. 8 Guidelines.

"Office premises" means any room or premises or part thereof the sole or principal use of which is for the carrying out of any administrative or clerical or other related work.

“Office building” means any building or part of a building that wholly or principally consists of office premises.

“Common area” in relation to an office building, means any part of the building that is a publicly accessible place, or that may be accessed by a tenant, occupant or visitor to the building.

The definitions of "office premises," "office building" and "common area" do not align with the FCTC Art. 8 Guidelines. Read together, the definitions are narrower and do not include areas used commonly by the workers in the course of their employment and instead includes only those areas that are used solely or principally for work. Also, the definition does not explicitly include duties of employment for voluntary work. A definition of “workplace” should be provided in accordance with the FCTC Art. 8 Guidelines.

"Public service vehicle" has the meaning given by the Road Traffic Act of 1961. (Smoking (Prohibition in Certain Places) Act).

“Public service vehicle” means a vehicle used or kept for use for the carriage, for hire or reward, of — (a) in the case of a motor car which does not ply for hire on any road but is hired under a contract, express or implied, for the use of the car as a whole, the driver of the car or any passenger; or (b) in any other case, any passenger, but excludes any vehicle constructed for use on fixed rails or specially prepared ways. (Road Traffic Act 1961).

The definitions of “public service vehicle,” “aircraft, and “railway” (see below) together align with the definition of “public transport” provided in the FCTC Art. 8 Guidelines. 

The law does not contain a definition of "indoor" or "enclosed." The law prohibits or restricts smoking in certain “enclosed” or “indoor” parts of places.   The failure to define these terms may impede enforcement of the law.

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.

Although this term is not defined, a definition is not strictly necessary because the prohibition on smoking applies to the smoking of tobacco or any other substance. A definition of “tobacco products” is, therefore, not necessary for interpretation and enforcement of the law.

"Hawker centre" means any place or premises or part thereof (other than a foodshop), with multiple stalls, used for the sale, or for the preparation or manufacture for sale, or for the storage or packing for sale, of food whether cooked or not, intended for human consumption.

The definition of “hawker centre” is significant because the law allows smoking facilities to be designated in hawker centers.

"Foodshop" means any food establishment licensed as a foodshop under section 32 of the Environmental Public Health Act. (Smoking (Prohibition in Certain Places) Regulations 2018).

"Food establishment" means any place or any premises or part thereof used for the sale, or for the preparation or manufacture for sale, or for the storage or packing for sale, of food, whether cooked or not, intended for human consumption. (Environmental Public Health Act).

The definition of “foodshop” is significant because the law allows smoking facilities to be designated at certain foodshops.

Railway: means a railway or any portion of a railway for the public carriage of passengers, animals or goods and includes:
(a) all land within the fences or other boundary marks indicating the limits of the land appurtenant to a railway;
(b) all lines of rails, sidings or branches worked over for the purposes of or in connection with a railway;
(c) all stations, offices, warehouses, wharves, workshops, manufactories, fixed plant and machinery, and other works constructed for the purposes of or in connection with a railway;
(d) all ferries, ships, boats and craft which are used for the traffic of a railway and belong to or are hired or worked by the authority administering the railway;
(e) all engines, passenger coaches, and goods and livestock vehicles, or other rolling-stock used for the purpose of carrying on the traffic of the railway;
(f) all road vehicles used by or on behalf of or under contract with a railway administration for the conveyance of passengers, parcels, goods, livestock and vehicles; and
(g) all aircraft used by or on behalf of or under contract with a railway administration for the conveyance of passengers, parcels, goods and livestock.

The definition of “railway” is significant because the law penalizes those who smoke on railways where smoking is prohibited. It also defines the jurisdiction over which a railway official has authority.

Aircraft means any machine that can derive support in the atmosphere from the reactions of the air otherwise than by the reactions of the air against the earth’s surface of the earth.

The definition of aircraft is significant because the law imposes penalties on those who smoke on aircraft.

"Market" has the meaning as in the Environmental Public Health Act but excludes any outdoor market. (Smoking (Prohibition in Certain Places) Regulations 2018).

"Market" means any place used for the sale of any meat, fish, fruit, vegetable, poultry, egg or other article of food, whether cooked or uncooked, for human consumption, and includes any premises therein used for the sale of goods or in any way used in conjunction or connection therewith or appurtenant thereto. (Environmental Public Health Act).

The definition of “market” is significant because the law bans smoking in all indoor markets.

Relevant adjacent area in relation to a building, means any area that is unenclosed and that lies within a radius of 5 metres from the outer edge of

(a) any ventilation intake of the building;

(b) any external window or other opening that opens into or onto any interior part of the building; or

(c) any part of the entrance to or exit from any such building while either public access to the building, or access usually available by the entrance or exit to enable the building to be used in a way it is ordinarily used, is available by that entrance or exit.

The definition of “relevant adjacent area” is significant because smoking is prohibited in certain relevant adjacent areas.