Smoking (Prohibition in Certain Places) (Amendment) Bill

by deleting paragraph (a) and substituting the following paragraphs:“(a)any premises or building or such part thereof or any class of premises or buildings or such parts thereof —

being used for commercial, industrial or recreational purposes; or

to which members of the public or a section of the public have or ordinarily would have access whether on payment of a fee or otherwise;

any common property of any residential premises or building; or”; and

by re-lettering the existing paragraph (b) as paragraph (c).

by inserting, immediately after subsection (2), the following subsection:“(2A) Where any person smokes in a specified place in contravention of any notification made under section 3(1), any other person who is aggrieved by the smoking of that person may lodge a complaint to the manager of the specified place and it shall be the duty of the manager of the specified place —

to take all reasonable steps to investigate into the complaint; and

if the complaint is found to be true, to take action in accordance with subsection (1) or (2) against the person smoking in the specified place.”; and

by deleting subsection (3) and substituting the following subsection:“(3) If the manager of any specified place or the operator of any specified vehicle, as the case may be, 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; or

subsection (2A) in relation to any complaint received by him that a person is smoking in the specified place,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.”.