New tobacco law to ban smoking near schools, hospitals and prohibit e-cigarettes

Smoking would be banned within 10 meters of hospitals, schools and child care facilities under new tobacco law amendments, while e-cigarettes would be completely outlawed.

Following a public consultation conducted from March 8 to April 8, the Executive Council (ExCo) has finalized its deliberations on the draft amendment to the Regime for the Prevention and Control of Tobacco Use, with Secretary for Administration and Justice Wong Sio Chak announcing the bill’s provisions at a Friday press conference.

The proposed legislation provides for the designation, by executive order, of smoke-free zones in certain high-traffic areas, restricting smoking to officially designated points. It also introduces enhanced controls on electronic cigarettes, prohibiting their consumption or possession in both smoking-permitted and exception-permitted collective-use locations, as well as in any outdoor spaces intended for collective use, including their components and accessories. A six-month transitional period has been incorporated into the bill.

Wong explained that the transition period is designed to allow both the industry and e-cigarette users to prepare for the forthcoming comprehensive prohibition, emphasizing that any violations occurring after the transitional period will be subject to legal penalties. He clarified that during the six-month transition period prior to the law’s effective date, the legal provisions will not yet be enforceable.

Once the law takes effect, Wong stressed, e-cigarette use will be prohibited throughout the city, with the sole exception of private residences – including locations that are currently designated as exception areas, such as airport smoking rooms, casino smoking rooms and hotel guest rooms. Offenders will face confiscation, seizure and monetary fines.

The bill further proposes authorizing smoking-control enforcement personnel to be equipped with and utilize body-worn cameras while carrying out their official duties, subject to strict regulations governing the use of such devices and the processing of recorded data.

Meanwhile, citing the rising popularity and health risks of emerging tobacco products such as nicotine pouches, herbal cigarettes and waterpipes among youth, the bill proposes banning their manufacture, distribution, sale, import, export and cross-border carriage, including all components and accessories.

Macau’s overall and youth smoking rates have both declined, meeting the World Health Organization’s (WHO) 30% reduction target ahead of schedule, the Health Bureau (SSM) said in a statement, acknowledging a series of new control measures, including a 10-meter smoking ban around school and daycare entrances and a pilot “smoke-free zone” on streets surrounding Dr. Carlos d’Assumpção Park.