Tobacco bill to be revised

The most controversial articles, regarding the places where the smoking ban will and will not be applied, will be changed in the second draft of the bill

The Government will present a second draft of the System for the Prevention and Control of Tobacco Smoking to the Second Standing Committee of the Legislative Assembly (AL) on June 15, president of the committee Chan Chak Mo told reporters.
Yesterday, lawmakers and Government representatives gathered to discuss the bill, since the committee had demanded clarification last week regarding the law’s enforcement. “The Executive has listened to our opinions and will present a new draft of the bill,” Chan said.
According to the committee president, the Government did not give much detail on the changes to be introduced but he assured that the most controversial articles, regarding the places where the smoking ban will and will not be applied, will be changed.
The initial draft law, already approved in principle, proposes to ban smoking in a large list of public places in the workplace, hotels, restaurants, bars and karaokes, parks and gardens managed by the Government, commercial areas, Government buildings, as well as the legislative and judicial offices, maritime terminals and airports, museums, cinemas, schools and universities.
However, exceptions were established for casinos, massage lounges and dance halls where designated smoking areas will allow people to continue to smoke in these venues. Venues where these exceptions apply have a one-year period to comply.
“The Government has a new idea that will be discussed in the next meeting [...] It was not said which changes will be made regarding the casinos,” Chan announced, adding that the changes will only be unveiled next week, after the committee’s meeting with the Executive.
One of the changes to be introduced regards the maritime terminals. The first draft of the law established that these facilities should create designated smoking areas, just like airports.
However, it was decided that it would be totally prohibited to smoke in maritime terminals, since it is not possible to meet the necessary requirements to set up a smoking area. 
The lawmaker also said the bill will be reviewed on the promotion-related provisions, in order to avoid grey areas. Firstly, Article 9 will be revised so the tobacco production companies do not have to measure the carbon monoxide levels of their products. “It is very difficult for them to measure it,” he explained.
Secondly, Article 13, which says that the tobacco packages cannot include messages, signs or expressions saying that it is less prejudicial than others, would not be applied to tobacco brands already registered in Macau. That means that brands already registered locally can continue to include the word “light” in the packets.
Finally, it was decided that this bill does not regard electronic cigarettes, which provide inhaled doses of nicotine by way of a vaporized solution. These will be included in a bill on pharmaceutical products, because they are not made of tobacco.
One of the main doubts of the committee was which public service would be charged with enforcing the smoking ban when people break the rule in a designated non-smoking place, since the Government departments have no criminal power. According to Chan, it was explained to lawmakers that the public departments will be able to ask for police assistance at any time.
“They are allowed to ask for people’s personal documents, but if there is a need to arrest suspects’ or collect evidence they have to call the police. The work will be well divided this way,” he pointed out.
Although the major committee’s doubts were made clear at yesterday’s meeting, lawmakers haven’t reached a consensus. “I have already said that lawmakers have different opinions. Some are smokers and others are non-smokers. If we cannot get it, everything will be decided in the plenary meeting of the AL [when lawmakers vote the law in detail],” he concluded.