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A non-smoking city

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Finally, the first tobacco act of Macau is being debated by the lawmakers. Just like our neighbour Hong Kong, the Government will ban smoking in public areas, except casinos, massage lounges, saunas and dance halls.
The bill was unanimously approved in principle by the Legislative Assembly (AL) last week and I have to confess that the results of the first debate session point by point have surprised me. Lawmakers want to know what Macau people really think about the proposal before they make up their minds.
That could be a good sign. This kind of bill involves people’s rights and you have to think twice before approving it.
Several voices are questioning why casinos, saunas, massage halls and dance halls are not being covered by the law. The truth is that in Las Vegas they have the same situation. It is a matter of money, and it is not easy to fight against that. Regarding saunas and massage halls it is more difficult to explain, though.
Besides the problem of the exceptions, the AL has many doubts about the law enforcement. And that’s why it’s the million dollar question.
Mainly, they ask which public department should receive people’s complaints or who will be in charge of controlling whether the law is being respected or not. But the problem may be much more complicated than that.
Is Macau’s people ready for a tobacco act? I am speaking about civic education.
The General Regulations Governing Public Places establishes fines of MOP600 for littering, spitting, defacing public property, dog-fouling and air-conditioning dripping. But if you take a walk on the streets it is easy to encounter several of this offences happening in plain sight.
How many times did you catch water on your head coming from the sky that was not rain?
So, I fear the same fate awaits the tobacco act.
In Hong Kong, the fixed fine for whoever violates the smoking prohibition is HKD1,500. In Macau, the Government proposes fines ranging from MOP400-600.
The bill even sets up a list, a sort of menu, of fines. If someone smokes or even lights a cigarette or other kind of tobacco product inside a health care facility, a school or any place that stores flammable products they will be fined MOP600. If they do it in hotels, restaurants, parks and non-smoking rooms they will be fined MOP400.
Moreover – and this is what I find most ridiculous – the Government is planning to create a system to ‘encourage’ the offenders to pay the fine as soon as possible. Thus, if one pays the bill within 15 days, he will get a 50 percent discount.
So, let’s imagine you are watching a movie in a public cinema. You have a unavoidable urge for a smoke. You just light up a cigarette and smoke. Who cares about the others? Who cares about the law? If you hurry up and pay the ticket within 15 days you even get a 50 percent discount!
Being part of the World Health Organization, Macau is forced to adopt a tobacco act. But what is Macau Government really proposing to the lawmakers?
A law has not to do only with fines and banning. A law is a system of rules. First and foremost, you have to educate public on how to respect the rules. Fines were created to work as a last resort. They punish the offenders.
Now that the bill is finally at the AL, the Government should take a step back, be open to discussion and to making amendments.
To build a non-smoking Macau is possible in the short term. But it is definitely not “a piece of cake”. More haste, less speed.

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Subscribe to comments feed Comments (4 posted):

John Sanders on 13/01/2010 17:09:46
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There are laws that "stop*****; people shooting others (in any location) and these are fully policed. Why does not the same apply to smoking ? Kill yourself if you want but endanger others (with your second hand smoke) and you are gonna be punished big time. That should be the law and it should be enforced - everywhere !!
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Luigi on 20/01/2010 19:58:38
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The Assembly(AL) should approve it immediately.Smoking should be banned while driving a vehicle too, this is just as dangerous as under the influence of alcohol.Don't know why this is overlooked?!
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James on 30/01/2010 03:26:36
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There is a famous saying in Cantonese 'delay no more' which is the message the legislators must be given. Anti smoking legislation is intended to protect people in the workplace. In Hong Kong with a population of 7 million, 7,000 people die a year from tobacco related illnesses. Of that number more than 1300 die yearly from passive smoking related illnesses. The yearly cost of medical treatment and loss of productivity in HKG caused by tobacco per year is HK$ 6 billion. Macau can do the math accordingly. Half- baked bans with exceptions simply do not work and create a non level playing field for business competition and for worker health. Staff unions should fight for clean air in their workplaces - no dealers no casinos. How many people know that sidestream smoke from the tip of the slow burning cigarette in the ashtray emits between 5 and 50 times more toxins than the smoker inhales since the chemicals change when oxygenated ? I welcome the legislators to read our website http://tobacco.cleartheair.org.hk and learn the real deal about tobacco.
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James on 30/01/2010 03:35:15
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I suggest Macau people read this report.
http://sph.hku.hk/upload/news/244448404440.pdf
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