Kapok | Embrace a full ban!

Eric Sautedé

When conflicts of interests are too blatant, public debate can only be farcical, and yet it is revealing of the challenges confronting the new government. The recent exchanges between some legislators and the Secretary for Social Affairs and Culture, Alexis Tam are a remarkable case in point.
Ever since he took office in December 2014, Mr Tam has made no secret that his number one concern would be “public health” and shortly after a comprehensive survey on the “Regime for the prevention and control of smoking” was released at the end of January, he announced, supposedly “on his own” – or so are we led to believe by not so-friendly commentators – that the government would submit a revised piece of legislation within the first half of 2015 that would make way for a full ban on smoking inside casinos, thus implying that VIP rooms would be involved and smoking lounges on mass floors no longer allowed. Mr Tam reiterated that engagement in April during the policy address, and again this week, while reporting to the legislators.
On Mr Tam’s side, there is an ever-growing corpus of medical studies showing that second-hand smoking is in fact as bad as direct inhaling, recommendations made by the World Health Organization (agreed to by China’s Ministry of Health since 2007) noting that there is no existing technical solution that will equate to non-smoking, and quite a significant number of business-minded pieces of scholarship attesting that smoking bans have not had an adverse impact on revenues in business sectors of direct concern, and essentially the hospitality sector. Clearly, full smoking bans in public places are the trend, so much so that even permissive New Orleans has banned smoking in bars, casinos and other public areas starting on April 22nd.
Mr Tam has also on his side the spirit of the law that was passed in 2011—the first aim of the law being “to protect [the citizens] from exposure to tobacco smoke”—, the fact that the main causes of death in Macao are aggravated by the exposure to tobacco smoke, and the wish expressed by the frontline workers of the industry to see a full ban on smoking being implemented—87.20% of those directly exposed, the croupiers and casino floor staff. Moreover, in the broader context of China—something far more prevalent these days—the National People’s Congress has committed the country to “full implementation of the smoking ban in public places” ever since it voted in the 12th Five-Year Plan in March 2011.
Adversely, Mr Tam is pitted by the gaming industry that has been relentless in trying to lobby every level of government—including Beijing in March during the double congress—in favor of airport-style smoking lounges, with separate ventilation systems and negative pressure in relation to adjacent areas, in accordance with the regulation published by the Chief Executive in March 2014. Several casino operators, including one with a seat in the legislature, have argued that voiding the previous (and rather recent) regulation would make limited (and costly) sense, and moreover that gambling revenues have been in shambles since June last year and thus a full smoking ban could translate into an additional loss estimated at 15%—no methodology given, but the figure is repeated over and over again.
The problem is that it took an extraordinary amount of time to pass the initial law (16 months, to be precise) back in 2011, and this in no small thanks to Mr Chan Chak Mo (a representative for culture!), one of the most vocal voices against Mr Tam today and the number one defender of the food and beverage industry—his group, Future Bright, is everywhere to be seen in all casinos and just lost 95.6% of its profits in the first quarter of 2015. The problem is then that casinos benefited from a three-year reprieve. The problem is that many casinos failed the health bureau tests and everybody was playing cat and mouse with the new regulations.
More compliance with the spirit of the law might have prevented a change in tune. Lobbying failed, now there is only room for embrace.