Singapore legislation

Clause 6

of Smoking (Prohibition in Certain Places) Bill

Clause 6

Duties of managers or operators of specified places and vehicles

(1)

The manager of any specified place or the operator of any specified vehicle shall inform any person who smokes in any specified place or specified vehicle in contravention of any notification made under section 3(1) to cease smoking immediately, indicating the penalty provided under section 3(2), and if such person refuses, neglects or fails to cease smoking, he shall request such person to leave the specified place or specified vehicle immediately.

(2)

If any such person refuses to leave the specified place or specified vehicle or to cease smoking, the manager or operator referred to in subsection (1) shall —

(a)

seek the assistance of any police officer, any public health officer or any public officer authorised in writing in that behalf by the Commissioner; and

(b)

render such assistance as is reasonable to such officer to deal with that person in the manner provided in section 4.

(3)

If the manager of any specified place or the operator of any specified vehicle fails or neglects to comply with the provisions of subsection (1) or (2) in relation to any person whom he knows or ought reasonably to know is smoking in the specified place or specified vehicle in contravention of any notification made under section 3(1), that manager or operator shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $1,000 and, in the case of a second or subsequent conviction, to a fine not exceeding $2,000.

(4)

For the purposes of subsection (3), a manager of a specified place shall be presumed, until the contrary is proved, to have the knowledge referred to in that subsection where a person who is under his charge or supervision and who is employed at the specified place knows that a person is smoking in that place in contravention of a notification made under section 3(1).

(5)

Any person who hinders, obstructs, threatens, abuses, molests or assaults any manager or operator in the performance of his duties under this section shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $1,000 or to imprisonment for a term not exceeding 6 months or to both.

(6)

No manager of a specified place or operator of a specified vehicle shall be liable to repay or refund any fee or other consideration paid by a person for the purpose of gaining admission into a specified place or of transportation where that person has been informed to leave the specified place or specified vehicle in accordance with subsection (1).

(7)

Nothing in this section shall affect the liability of any person for an offence under section 3(2).

Clause 6 — Smoking (Prohibition in Certain Places) Bill