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Term --FCTC-Based Definition Macau (SAR)
Workplace View Definition

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)

Defined
Yes
Analysis

The definition of "workplace" contained in the law aligns with the definition provided in the FCTC Art. 8 Guidelines. However, the definition in the law could be improved if it specified that the definition of "workplace" includes common areas and is not dependent on whether work is done for compensation or on a voluntary basis.

Not Applicable
Not Applicable
Public Transport View Definition

Any vehicle used for the carriage of members of the public, usually for reward or commercial gain. (FCTC Art. 8 Guidelines para. 22)

Not Defined
No
Analysis

The law does not contain a definition of "public transportation." The lack of this key definition may hinder implementation and enforcement of substantive provisions that prohibit smoking in "public transportation." 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.

Not Applicable
Not Applicable
Second Hand Smoke (or similar term) View Definition

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)

Not Defined
No
Analysis

The law does not contain a definition of "second hand smoke." Although this term is not defined, a definition is not strictly necessary because the term is not used in the law. The law’s smoke free measures provide that "smoking is prohibited in" specified places, rather than, for example, "no person shall be exposed to second hand smoke" in specified places.

Not Applicable
Not Applicable
Smoking or Smoke View Definition

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)

Defined
Yes
Analysis

The definition of "smoking" contained in the Tobacco Control Law aligns with the definition of "smoking" provided in the FCTC Art. 8 Guidelines.

Not Applicable
Not Applicable
Public Place View Definition

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)

Not Defined
No
Analysis

The Tobacco Control Law does not contain a definition of "public place." The term is not used in substantive provisions of the law, but rather, the law lists places where smoking is prohibited. Although a definition is not needed to interpret the law, the lack of this key definition (and the application of the ban to the broad category of public places) may afford less protection than provided for in FCTC Art. 8 and the FCTC Art. 8 Guidelines. To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should provide a definition of "public place" in accordance with the definition contained in the FCTC Art. 8 Guidelines.

Not Applicable
Not Applicable
Tobacco Product View Definition

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))

Defined
Yes
Analysis

The definition of "tobacco products" contained in the law aligns with the definition provided in FCTC Art. 1(f).

Not Applicable
Not Applicable
Indoor or Enclosed View Definition

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)

Defined
Yes
Analysis

The definition of "enclosed space" contained in the Tobacco Control Law is more restrictive than the definition of "enclosed" or "indoor" contained in the FCTC Art. 8 Guidelines. Specifically, the definition in the law renders a place "enclosed" if it is contained by a roof and walls on 50% or more of its sides, whereas the FCTC Art. 8 Guidelines definition renders a place enclosed if it has a roof or one wall. Therefore, more places would be considered "enclosed" under the FCTC Art. 8 definition, which is more protective. To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should provide a definition of "enclosed" in accordance with the definition contained in the FCTC Art. 8 Guidelines.

Not Applicable
Not Applicable
Macau (SAR)
All indoor workplaces
Smoking is Restricted
“Smoking is Restricted”: Smoking is restricted in some way in the specified place or category of places. Restrictions could take one of the following forms: (1) smoking is restricted , under the national law, to “smoking rooms”, “smoking areas”, and/or during specified times in the specified place or category of places; (2) under the national law(s), smoking is restricted or prohibited in some types of places, within the category but not in all types of places within the category; or (3) where a country regulates public smoking primarily at the sub-national level, smoking is restricted or prohibited in the specified place or category of places in some sub-national jurisdictions but not in other sub-national jurisdictions.
Analysis

Smoking is prohibited in indoor workplaces and indoor public places, with the following exceptions: 1) smoking lounges in airport facilities; 2) hotel guest rooms; and 3) designated smoking rooms in casinos.

The law does not align with FCTC Art. 8 and the FCTC Art. 8 Guidelines because it does not prohibit smoking in all indoor workplaces and public places. FCTC Art. 8 Guidelines para. 24 provides that Parties have a continuous obligation to remove any exemptions as soon as possible, and each Party should strive to provide universal protection within five years of the WHO Framework Convention’s entry into force for that Party.

Not Applicable
Not Applicable
All indoor public places
Smoking is Restricted
“Smoking is Restricted”: Smoking is restricted in some way in the specified place or category of places. Restrictions could take one of the following forms: (1) smoking is restricted , under the national law, to “smoking rooms”, “smoking areas”, and/or during specified times in the specified place or category of places; (2) under the national law(s), smoking is restricted or prohibited in some types of places, within the category but not in all types of places within the category; or (3) where a country regulates public smoking primarily at the sub-national level, smoking is restricted or prohibited in the specified place or category of places in some sub-national jurisdictions but not in other sub-national jurisdictions.
Analysis

Smoking is prohibited in indoor workplaces and indoor public places, with the following exceptions: 1) smoking lounges in airport facilities; 2) hotel guest rooms; and 3) designated smoking rooms in casinos.

The law does not align with FCTC Art. 8 and the FCTC Art. 8 Guidelines because it does not prohibit smoking in all indoor workplaces and public places. FCTC Art. 8 Guidelines para. 24 provides that Parties have a continuous obligation to remove any exemptions as soon as possible, and each Party should strive to provide universal protection within five years of the WHO Framework Convention’s entry into force for that Party.

Not Applicable
Not Applicable
All public transport
100% Smoke Free
“100% Smoke Free”: 100% smoke free environment throughtout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

Smoking is prohibited in “vehicles and vessels intended for public transportation of passengers and in aerial tramways.” Therefore, smoking is prohibited in all public transportation.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to smoking in public transportation.

Not Applicable
Not Applicable
Government facilities
100% Smoke Free
“100% Smoke Free”: 100% smoke free environment throughtout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

The law prohibits smoking in all government offices and agencies and legislative and judicial departments.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to government facilities.

Not Applicable
Not Applicable
Private offices
100% Smoke Free
“100% Smoke Free”: 100% smoke free environment throughtout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

Smoking is prohibited in indoor workplaces and indoor public places, with the following exceptions: 1) smoking lounges in airport facilities; 2) hotel guest rooms; and 3) designated smoking rooms in casinos. Because private offices are not included in the places where smoking is allowed, it is interpreted that smoking is prohibited in private offices.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to prohibiting smoking in indoor private offices.

Not Applicable
Not Applicable
Hospitals
100% Smoke Free
“100% Smoke Free”: 100% smoke free environment throughtout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

The law prohibits smoking in indoor and outdoor areas of healthcare facilities, “such as hospitals clinics, health centers, doctors’ consulting offices, emergency facilities, laboratories, pharmacies and places where non-prescription medications are dispensed.”

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to hospitals.

Not Applicable
Not Applicable
Residential healthcare facilities - public areas
100% Smoke Free
“100% Smoke Free”: 100% smoke free environment throughtout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

The law prohibits smoking in all healthcare facilities, including “hospitals, clinics, [and] health centers” and “old age homes, homes for the handicapped . . . rehabilitation facilities and units for the accommodation and support of addicts and alcoholics.” Together, these provisions are interpreted as prohibiting smoking in all residential healthcare facilities, including public areas.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to public areas of residential healthcare facilities.

Not Applicable
Not Applicable
Non-residential healthcare facilities
100% Smoke Free
“100% Smoke Free”: 100% smoke free environment throughtout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

The law prohibits smoking in all healthcare facilities, “such as hospitals clinics, health centers, doctors’ consulting offices, emergency facilities, laboratories, pharmacies and places where non-prescription medications are dispensed.” Therefore, smoking is prohibited in all non-residential healthcare facilities.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to non-residential healthcare facilities.

Not Applicable
Not Applicable
Childcare facilities/preschools
100% Smoke Free
“100% Smoke Free”: 100% smoke free environment throughtout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

The law prohibits smoking in “places intended for minors under the age of 18, such as nurseries, daycare centers and other childcare institutions, infant and youth homes, leisure time centers, holiday camps and communities and similar institutions.” Therefore, smoking is prohibited in all childcare facilities and preschools.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to childcare facilities and preschools.

Not Applicable
Not Applicable
Primary and secondary schools
100% Smoke Free
“100% Smoke Free”: 100% smoke free environment throughtout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

The law prohibits smoking in indoor and outdoor areas of primary and secondary schools.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to primary and secondary schools.

Not Applicable
Not Applicable
Universities/vocational facilities
100% Smoke Free
“100% Smoke Free”: 100% smoke free environment throughtout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

Section 4 of the law prohibits smoking in “institutions of higher learning and vocational training centers.” Section 5 further provides that smoking is allowed in outdoor areas in clearly designated smoking areas. Therefore, smoking is prohibited in indoor areas of universities and vocational facilities.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to universities and vocational facilities.

Not Applicable
Not Applicable
Shops
100% Smoke Free
“100% Smoke Free”: 100% smoke free environment throughtout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

The law prohibits smoking in “large shopping malls, shopping centers, supermarkets, markets and stores.”

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to stores or shops.

Not Applicable
Not Applicable
Cultural facilities
100% Smoke Free
“100% Smoke Free”: 100% smoke free environment throughtout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

The law prohibits smoking in “museums, open collections, cultural centers, archives, libraries, conference halls, reading rooms and exhibition halls” and “cinemas, theaters, facilities for public spectacles and other places intended for the presentation of arts and shows.” These provisions are interpreted as prohibiting smoking in all cultural facilities.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to cultural facilities.

Not Applicable
Not Applicable
Indoor stadium/arenas
100% Smoke Free
“100% Smoke Free”: 100% smoke free environment throughtout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

The law prohibits smoking in “facilities for public spectacles and other places intended for the presentation of arts and shows,” and “athletic facilities.” These provisions are interpreted as prohibiting smoking in indoor stadiums and arenas. In addition, a catch-all provision prohibits smoking in “any other enclosed space intended for public use,” which would prohibit smoking in indoor stadiums and arenas if the previous provisions do not apply.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to indoor stadiums and arenas.

Not Applicable
Not Applicable
Restaurants
100% Smoke Free
“100% Smoke Free”: 100% smoke free environment throughtout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

The law prohibits smoking in “establishments for recreation, eating, drinking and karaoke.” Therefore, smoking is prohibited in restaurants.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to restaurants.

Not Applicable
Not Applicable
Bars/pubs/nightclubs
100% Smoke Free
“100% Smoke Free”: 100% smoke free environment throughtout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

The law prohibits smoking in “bars, dance halls, sauna and massage establishments.” This provision came into effect three years after the general smoking ban came into effect – January 1, 2015.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to bars, pubs, and nightclubs.

Not Applicable
Not Applicable
Casinos
Smoking is Restricted
“Smoking is Restricted”: Smoking is restricted in some way in the specified place or category of places. Restrictions could take one of the following forms: (1) smoking is restricted , under the national law, to “smoking rooms”, “smoking areas”, and/or during specified times in the specified place or category of places; (2) under the national law(s), smoking is restricted or prohibited in some types of places, within the category but not in all types of places within the category; or (3) where a country regulates public smoking primarily at the sub-national level, smoking is restricted or prohibited in the specified place or category of places in some sub-national jurisdictions but not in other sub-national jurisdictions.
Analysis

The law permits designated smoking rooms in casinos. These rooms must be approved by the Director of the Health Bureau and must meet the requirements established by the Office of the Secretary for Social Affairs and Culture in Order No. 84/2017. All existing smoking rooms must meet the new standards by January 1, 2019.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking in all parts of casinos.

Not Applicable
Not Applicable
Hotels/lodging - public areas
100% Smoke Free
“100% Smoke Free”: 100% smoke free environment throughtout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

The law prohibits smoking in hotel establishments. Although there is an exemption from the ban for guest rooms, there is no exemption for public areas. Therefore, smoking is prohibited in public areas of hotels and other lodging.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to public areas of hotels and lodging.

Not Applicable
Not Applicable
Hotels/lodgings - guest rooms
Smoking is Not Restricted
“Smoking is Not Restricted”: Smoking is allowed throughout the entire premises of the specified place or category of places.
Analysis

The law prohibits smoking in hotel establishments. However, there is an exemption from the ban for guest rooms. Although hotel managers may designate some rooms as “no-smoking,” the law does not restrict smoking in hotel guest rooms in any way. Therefore, the regulatory status “Smoking is Not Restricted” is assigned.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines the law should prohibit smoking in guest rooms of hotels and lodging.

Not Applicable
Not Applicable
Prisons/detention facilities - public areas
100% Smoke Free
“100% Smoke Free”: 100% smoke free environment throughtout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

The law previously included an exemption for smoking areas within correctional institutions. However, the law now requires that the area set aside for smoking be located outside. Therefore, all indoor areas in prisons and other detention facilities are required to be smoke-free.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to prisons and detention facilities.

Not Applicable
Not Applicable
Trains, buses and other shared ground transportation other than taxis
100% Smoke Free
“100% Smoke Free”: 100% smoke free environment throughtout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

The law prohibits smoking in “vehicles and vessels intended for public transportation of passengers and in aerial tramways.” Therefore, smoking is prohibited on buses, trains, and other shared ground transportation.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to shared ground transportation.

Not Applicable
Not Applicable
Taxis (for-hire vehicle)
100% Smoke Free
“100% Smoke Free”: 100% smoke free environment throughtout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

The law prohibits smoking in “vehicles and vessels intended for public transportation of passengers and in aerial tramways” and specifically prohibits smoking in “taxis.”

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to taxis.

Not Applicable
Not Applicable
Commercial aircraft
100% Smoke Free
“100% Smoke Free”: 100% smoke free environment throughtout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

The law prohibits smoking in “vehicles and vessels intended for public transportation of passengers and in aerial tramways.” This provision is interpreted as prohibiting smoking in commercial aircraft.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to commercial aircraft.

Not Applicable
Not Applicable
Commercial watercraft
100% Smoke Free
“100% Smoke Free”: 100% smoke free environment throughtout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

The law prohibits smoking in “vehicles and vessels intended for public transportation of passengers and in aerial tramways.” Therefore, smoking is prohibited on commercial watercraft.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to commercial watercraft.

Not Applicable
Not Applicable
Public transport facilities (waiting areas for mass transit)
Smoking is Restricted
“Smoking is Restricted”: Smoking is restricted in some way in the specified place or category of places. Restrictions could take one of the following forms: (1) smoking is restricted , under the national law, to “smoking rooms”, “smoking areas”, and/or during specified times in the specified place or category of places; (2) under the national law(s), smoking is restricted or prohibited in some types of places, within the category but not in all types of places within the category; or (3) where a country regulates public smoking primarily at the sub-national level, smoking is restricted or prohibited in the specified place or category of places in some sub-national jurisdictions but not in other sub-national jurisdictions.
Analysis

Smoking is prohibited in all public transportation facilities, with the exception of airports, in which designated smoking areas are allowed. Specifically, the law prohibits smoking in “port, airport and railway facilities” and in “terminals and shelters for mass transit vehicles.” However, the law provides an exemption for smoking lounges at airport facilities. Smoking rooms in airports must be approved by the Director of the Health Bureau and must meet the requirements established by the Office of the Secretary for Social Affairs and Culture in Order No. 84/2017. All existing smoking rooms must meet the new standards by January 1, 2019.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking in all indoor areas of all public transport facilities, including airports.

Not Applicable
Not Applicable
Macau (SAR)
Does the law require any outdoor or quasi-outdoor spaces to be smoke free or restrict smoking in any way?
Yes
Yes
Not Applicable
Not Applicable
Macau (SAR)
Post signs
Yes
Yes
Analysis

The law requires the posting of no smoking signs with minimum dimensions of 15cm x 20cm or 20cm x 9cm. Violators of this provision are subject to a fine from 20,000 to 200,000 patacas.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to requiring no smoking signs and imposes fines on those that fail to post.

Not Applicable
Not Applicable
Remove ashtrays
No
No
Analysis

The law requires business owners to ensure compliance with the law. However, the law does not specifically state that business owners must remove ashtrays.

To fully align with FCTC Art. 8 and the FCTC Art. 8 guidelines, the law should require that business owners remove ashtrays.

Not Applicable
Not Applicable
Steps to require a person to stop smoking (e.g., warn, discontinue service, call authorities)
Yes
Yes
Analysis

The law requires business owners to ensure compliance with the law, and requires business owners to “order smokers to refrain from smoking, and if they do not comply, they must call the competent administrative or police authorities.” There are no penalties for violating this provision.

FCTC Art. 8 Guidelines paragraphs 31 and 32 state: “Effective legislation should impose legal responsibilities for compliance on both affected business establishments and individual smokers, and should provide penalties for violations, which should apply to business and, possibly, smokers. . . . Larger penalties are required to deter business violators than to deter violations by individual smokers, who usually have fewer resources.” In Macau, penalties are applied to smokers only. To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should provide penalties for business owners that fail to enforce, as well as to smokers.

Not Applicable
Not Applicable
Not to smoke where prohibited
Yes
Yes
Analysis

Smokers who smoke where prohibited are subject to a fine of 1,500 patacas.

FCTC Art. 8 Guidelines paragraphs 31 and 32 state: “Effective legislation should impose legal responsibilities for compliance on both affected business establishments and individual smokers, and should provide penalties for violations, which should apply to business and, possibly, smokers. . . . Larger penalties are required to deter business violators than to deter violations by individual smokers, who usually have fewer resources.” In Macau, penalties are applied to smokers only. To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should provide penalties for business owners that fail to enforce, as well as to smokers.

Not Applicable
Not Applicable
Other
Yes
Yes
Analysis

Entities or individuals who operate smoking rooms that do not meet the requirements established by the Secretary for Social Affairs and Culture are subject to a fine of between 20,000 and 200,000 patacas.

Not Applicable
Not Applicable
Macau (SAR)
Are sub-national jurisdictions permitted to have smoke-free laws?
No
No
Not Applicable
Not Applicable