PROHIBITION ON SMOKING IN CERTAIN PLACES BILL
Parliament of Singapore · 21 May 1970 · 2nd Parliament
Official Report, 21 May 1970, Vol 30, Issue 2 · Open in the reader (summaries, search, filters)
Order for Second Reading read.
3.50 p.m.
The Acting Minister for Health (Mr Jek Yeun Thong): Mr Speaker, Sir, I beg to move, "That the Bill be now read a Second time."
This is a simple piece of social legislation necessitated by the inconsiderate behaviour of some smokers in public places, such as cinemas and theatres. I think Members will agree that it is a matter of survival for ourselves that our society should be a closely knitted one with special emphasis on the strict exercise of social discipline by its members. Such a pattern of life makes it imperative for every member of society to value the comfort and convenience of his fellow citizens as much as his own, and that he should completely and voluntarily refrain from acts that make life miserable for others.
In matters such as smoking in public, the ideal solution is for the smoker to exercise self-discipline and to see to it that his smoking does not cause any discomfort to persons around him. However, this has not always been the case. Only after traditional forms of public exhortation have failed to produce the desired effect is the law being invoked to give a helping hand, in fact, the Ministry of Health has given attention to the problem of smoking in cinemas and theatres since 1966. The voluntary ban on smoking in certain cinemas which started in 1967 has not been very fruitful in that, in practice, the patrons of the cinemas concerned have simply and invariably ignored the management's request to refrain from smoking.
It must be pointed out that smoking under crowded conditions within enclosed spaces or in air-conditioned rooms causes a nuisance and irritation to the other occupants, especially the non-smokers. Members of this House must have had the unpleasant experience of leaving the cinema or the theaters after the day's last show with their clothing and even the articles inside their pockets reeking of nothing but tobacco smoke. Further, the smoke screen in the auditorium not only interferes with proper viewing, but also makes the eyes smart. This Bill, however, by prohibiting smoking in cinemas and theatres, and certain other places that may be specified by the Minister, is designed to remove this source of nuisance and irritation, thereby enhancing the pleasure and comfort of the patrons of the cinemas and theatres as a whole.
The Bill seeks to prohibit smoking in the auditorium of any cinema or theatre and in any specified building at any time during which these are open to the public. The expressions "cinema", "theatre" and "specified building" have been carefully defined. The prohibition on smoking is confined only to the auditorium of cinemas and theatres to which members of the public are admitted upon payment of admission fees, and only during the periods when these are open to the public. The premises of clubs, associations and the like have been expressly excluded from this prohibition. In order to obviate the need for an amending Act at a future date, the Minister is empowered, under clause 3, to specify in the Gazette any particular building or class of buildings or part thereof to which members of the public have access as being a place or places in which smoking shall not be permitted either permanently or for such period or periods as he may deem fit.
The penalty for smoking in prohibited places is a fine not exceeding $500 and enforcement action will be by means of ticketing. This device has been found to be very suitable, effective and expeditious in dealing with persons caught littering in public places under section 26 of the Environmental Public Health Act, 1968.
The main task of enforcing the prohibition will fall on the public health auxiliaries attached to the Public Health Division and police officers. Managers of cinemas, theatres and other specified buildings are required to display notices in four languages in conspicuous positions stating that smoking has been prohibited and the penalty provided therefor.
Responsibility has also been placed on managers and certain authorised employees of these places to request any persons smoking therein to cease smoking forthwith, and if such persons fail to comply with their request, to require them to leave the place forthwith without entitlement to refund of ticket money. Should the management encounter any difficulty, they may seek the assistance of any police officer or a public health auxiliary. Provisions have also been included for the punishment of any person who abuses, hinders or assaults the manager or any authorised employee.
The other clauses are explained in greater detail in the Explanatory Note accompanying the Bill, and I do not wish to take up the time of this House to repeat them. All I need stress is that the success of this measure depends very much on the support and co-operation the public give to the Government. The law cannot be everywhere. There is nothing more effective than the reproachful eye of the public to prevent a smoker from causing nuisance to his fellow citizens. With the law spelt out clearly on their side, the non-smoking public can now stand up to assert their right to more comfortable conditions in cinemas, theatres and other specified places.
I have no doubt that this Bill will have the support of Members of this House and it is for the greater good of all the patrons of cinemas and theatres, while it will not cause any hardship to any person, not even to the smokers themselves. I expect that after a while they will acquire the good habit of looking for convenient places when the urge to smoke comes, places such as the toilets or lobbies where they can smoke to their hearts' content without causing any public discomfort.
I wish further to assure Members that enforcement action will only be taken after an educational campaign which will be conducted later this year, and that this law will be applied with the utmost discretion and consideration.
Mr Speaker, Sir, I beg to move.
Question proposed.
3.58 p.m.
Mr N. Govindasamy (Telok. Blangah): Mr Speaker, Sir, I am a smoker and I enjoy smoking.
The Prime Minister (Mr Lee Kuan Yew): Against the doctor's advice!
Mr N. Govindasamy: Sir, any Bill that is introduced should be a Bill that is enforceable, and strictly enforceable. For the last few years, we have seen notices in cinema halls quite prominently displayed requesting patrons not to smoke. They have been abused and I am afraid they will continue to be abused. We see in the theatres persons smoking. There are portions in the buses -public transport - where smoking is allowed and a front portion where smoking is not allowed. Yet any bus traveller will tell you that this regulation is not at all enforced. Taxi-drivers, Sir, are, I think, under the Ordinance not allowed to smoke. You need only stand on the road and you can see taxi-drivers smoking happily. Just a few days ago, I read a reply from the Registrar of Vehicles that on inspection every six months, the Registry sees to it that taxis contain an ashtray. Sir, I travel in a taxi almost every day and I have yet to come across a taxi with, an ashtray in the front seat, or the back seat for that matter.
I sometimes go to the theatre and I notice that people who are smokers start to smoke as soon as they see advertisements of cigarettes on the screen.
An hon. Member: Hear, hear!
Mr N. Govindasamy: Sir, during the last Budget debate, I made a point about doing away with these advertisements, but the Minister for Health did not give me an answer. The melodious jingles on cigarettes put on TV and over the radio are repeated by children and they sound better than the pop songs that we hear of. Sir, what should I do, as a smoker, when I go to a theatre and see an advertisement, "Smoke Kingsize Cigarettes", and, at the same time, another notice by the side telling me not to smoke?
Who is going to enforce the law of no-smoking in cinemas? The managers, assistant managers and ushers? Sir, in every cinema there are only two or three ushers and they cannot be looking out for people who smoke. Furthermore, this is not a law which can be easily enforceable. I agree with the Minister that, as a follow-up to this Bill, there should be a campaign like the "Anti-litter Campaign" that we had recently. I wish the Minister luck and I hope this law can be enforceable. But I have my misgivings.
Clause 3 of the Bill, which the Minister spoke about, is, I think, rather loose and gives the Minister far too much powers. It says:
`The Minister may, by notification in the Gazette and subject to such conditions as he may think fit, specify any building or part thereof or class of buildings or parts thereof to which members of the public have access as being a place or places in which smoking shall not be permitted either permanently or for such period or periods as he may think fit.'
Sir, I know that the Minister for Health is a non-smoker. One day he may decide to prohibit smoking in the Ministry of Health. I think this law may not be workable if it applies only to theatres. I was just wondering whether stricter measures cannot be taken to prohibit smoking in buses and taxis also. And the precondition is that we have to ban advertisements of cigarettes on T.V., cinemas and over the radio, which, I believe, is more important than this legislation.
4.05 p.m.
Mr Teong Eng Siong: (In Mandarin): Mr Speaker, Sir, this Bill seeks to prohibit smoking in certain places which include cinemas. Undoubtedly this measure will cause some inconvenience to smokers in certain places at certain times. Possibly these people may include some Members of the House who have taken to smoking. But to those members of the public who are non-smokers, this Bill brings good tidings. As a non-smoker, I welcome the introduction of this Bill.
Sir, speaking dispassionately, smoking is a bad habit. Medical practitioners have made researches into smoking and have found that it is harmful and will cause cancer of the lungs. They therefore advise people that if they value their lives at all, they should not smoke. From the economic point of view, smoking is a waste of money because money is literally going up in smoke. Of course, to people who have money, the amount that they spend on smoking is negligible. But to a person whose monthly income is $100 to $200, the necessity to satisfy his urge to smoke by spending a dollar or two a day will bring considerable hardship to his family. In spite of the harm in smoking, the number of smokers is not decreasing. That is because one man's poison is another man's food.
Sir, the Bill before us today is not to enforce a complete ban on smoking. It seeks to ban smoking only in certain places. As a matter of fact, nobody at the present juncture expects the Government to introduce a Bill to ban smoking totally, because doing so will be unwise. That would mean a loss of revenue in terms of hundreds of thousands of dollars. But, in any case, it is my view that in order to bring up a healthy second generation, we have the responsibility of educating our younger generation, particularly children in the schools, to cultivate good habits, which include the habit of not smoking. I do not know whether the Minister for Health agrees with this point of view. No doubt we are an open and free society and everybody has the freedom to indulge his propensity for smoking. But this freedom is limited to the extent that it should not interfere with the comfort of others. Therefore, in public places like cinemas or public buses, we should respect the feelings of those around us. We must not do things which will cause them any discomfort or inconvenience. For example, in the cinema, if you are concentrating on the screen and enjoying the show and the people around you happen to be smokers who have no regard for your feelings or your comfort, then you will be literally smoked in! These people will continue to smoke, and because they smoke, they may cough and spit. This will nauseate you. This kind of public behaviour will really adversely affect the feelings and comfort of others around them.
Mr Speaker, Sir, there are some cinemas which screen notices requesting the audience not to smoke. But people who are smokers continue to smoke, and because there is no enforcement of these notices, they are simply ignored. I believe this Bill will bring better results and make our public places, like the cinemas, better, healthier and cleaner places for those members of the public who wish to enjoy the facilities provided. I must however admit that it takes time to cultivate a good habit. On this basis, I express the hope that in the earlier stages of the implementation of this Bill, the punishment meted out to offenders should not be too severe. A warning should be given to the first offender. We should enforce the law with some humane considerations. I believe that only in this way can we achieve better results.
Sir, in order to ensure the smooth implementation of this Bill, I wish to suggest that, firstly, a publicity campaign should be carried out in the newspapers, over the Radio and Rediffusion and on T.V. to make the people understand the intentions of the Bill and to help them obey the law. Secondly, in places where smoking is banned, such as cinemas or buses, notices should be displayed in the four official languages so that members of the public are made to realise that the ban is on and that no offence should be committed out of ignorance. I hope the Minister will give due consideration to my proposals.
Sir, generally speaking, it is my view that the Bill has the same good intentions as the "Keep Singapore Clean Campaign", that is, to inculcate in our people good social habits and discipline. I believe this Bill will receive wide support from the people.
Mr Speaker, Sir, I support the Bill.
Mr Seah Mui Kok (Bukit Ho Swee): Mr Speaker, Sir, I fully support the Bill to prohibit smoking in cinemas or theatres. I only regret that the Minister did not include the prohibition of smoking in public buses and taxis. I sincerely hope that at the next sitting, if possible, the Minister will move an amendment to include the prohibition of smoking in buses and taxis so that there will be no nuisance to the passengers.
4.12 p.m.
Mr J. F. Conceicao (Katong): Mr Speaker, Sir, I rise merely to underline the points that have been brought up, especially by the Member for Telok Blangah. One of his points regarding the necessity to prohibit smoking in buses too has again been emphasised. But I wish to say how fortuitous it is and what a happy coincidence that the Acting Minister for Health is also the Minister for Culture! That being the case, perhaps notice can be taken of the necessity to encourage theatre managers to remove cigarette advertisements from the screen. In order to do that, I think the Ministry of Culture should set the example by removing these advertisements from T.V, and over the radio.
Hon. Members: Hear, hear!
Mr Jek Yeun Thong: Mr Speaker, Sir, I must thank Members for their enthusiastic support for this Bill and I am quite sure that the Ministry of Health will be able to carry out all the suggestions put forward by them.
I only need to reply in brief to several points made by Members. In the first place, the Member for Telok Blangah has complained about the lack of ashtrays in taxis and buses. As a smoker - he has admitted this - he finds the lack of this facility very inconvenient. But I do not think he need worry about the enforcement of this Bill. Judging from the speech he has made just now condemning the irresponsible behaviour of smokers, I do not think he will want to run the risk of being caught smoking in an auditorium!
The complaint about the lack of ashtrays in taxis and buses has to be referred to the Registrar of Vehicles. I am sure he will look into this matter more closely. Smoking in buses is very undesirable. The public, especially the non-smoking public, should play their part more effectively. I do not think we should leave everything to the law. The public should be asked to play an effective role in maintaining good social order. If the provisions in this Bill are found to be inadequate, I am sure the Ministry of Health will put forward further amendments to strengthen them.
As regards advertisements of cigarettes in public, especially on television and over the radio, I agree that it is morally unjustifiable for these two media to advertise them when the Government is prohibiting smoking in cinemas and theatres. However, I must say that most of the contracts to advertise cigarettes on TV, and over the radio were accepted some time ago, and most of them run for a period of at least twelve months. It is now our policy not to accept contracts for advertisements of cigarettes which will expire later than the end of this year. It is fair at the present moment to allow these contracts to run their natural course. It is not considered necessary to terminate them immediately.
As for advertising smoking in public, the Government will probably put forward certain amendments to this House to prohibit all forms of advertisements of cigarettes as from 1st January, 1971. This is to prohibit the advertisement of cigarettes in all media - newspapers, magazines, T.V, and Radio, and billboards and so on. Members will thus have no cause for complaint.
I do agree with the sentiments expressed by the Member for Sembawang, and his strong condemnation of smoking in public. However, I think we should have a certain degree of freedom in this country. Although we can prohibit smoking in cinemas, theatres and certain specific places, it is not desirable to prohibit it altogether. Otherwise, we would make the lives of smokers very miserable. I do not think we should do that.
Mr Teong Eng Siong: (In Mandarin): Mr Speaker, Sir, I think I have to clarify one point.
Mr Speaker: The Minister has replied and I am afraid you cannot say anything more.
Question put, and agreed to.
Bill accordingly read a Second time and committed to a Committee of the whole House.
The House immediately resolved itself into a Committee on the Bill.-[Mr Jek Yeun Thong].
Bill considered in Committee; reported without amendment; read a Third time and passed.
Source: Singapore Parliament Official Report (Hansard) for 21 May 1970. Republished on SGParliament.