Response to Written Question PT37

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📖 Reading time: 3 minutes
📊 Word count: 541 words

YANG BERHORMAT PENGIRAN HAJI ISA BIN PENGIRAN HAJI ALIUDDIN

QUESTION:

Yang Berhormat Pengiran Haji Isa bin Pengiran Haji Aliuddin asks the Minister of Health to state the current developments and actions taken by the Ministry to address the issue of the public smoking or vaping in public places, especially in restaurants, cafes, and open stalls, despite clear signage prohibiting it.

YANG BERHORMAT MENTERI KESIHATAN

ANSWER:

The Ministry of Health views the issue of the public smoking or vaping in public places, despite clear signage prohibiting it, with great seriousness. To address this issue, the Ministry employs a holistic and integrated approach in line with the legal provisions under the Tobacco Order 2005.

It should be noted that Chapter 16 (1) of the Tobacco Order 2005 clearly grants responsibilities and powers to the manager of any place, particularly restaurant managers, to:

1. Instruct anyone found smoking to cease immediately;
2. Inform the offender of the penalties provided under Chapter 14 of the Tobacco Order;
3. If the offender refuses to comply with the instruction to stop smoking, instruct the person to leave the premises immediately; and
4. If the offender still refuses to comply with the given instructions, the premise manager should contact the authorities, namely the Police Officer or the Health Enforcement Unit (HEU) Officer through the HEU hotline 7192005 for immediate assistance.

It is important to emphasize that the law also protects premise managers from any threat or harassment. Under Chapter 16(6) of the Tobacco Order 2005, anyone obstructing the manager from carrying out their responsibilities as mentioned above can be subjected to a hefty fine not exceeding B$1,000, or imprisonment for a term not exceeding 6 months, or both.

From a legal perspective, the Tobacco Order 2005 has undergone several amendments sanctioned by Kebawah Duli Yang Maha Mulia Paduka Seri Baginda Sultan and Yang Di-Pertuan Negara Brunei Darussalam. One of the main amendments is the Tobacco (Prohibition in Certain Places) (Amendment) 2012, which came into effect on 1 March 2012. This amendment aims to strengthen enforcement to reduce risk factors that could harm public health and the environment.

As an additional measure in controlling the smoking habit in public places, this amendment has extended the smoking prohibition areas by including the sidewalks and within 6 meters of any building in the list of prohibited places.

In addition, the Health Enforcement Unit (HEU) has updated its standard operating procedures, where the public can send photos of those committing smoking or vaping offenses to the Health Enforcement Unit (HEU) via the hotline 7192005 as evidence for prosecution purposes, as has been done for littering offenses.

Since this amendment was enforced, the Ministry of Health through the Health Enforcement Unit has issued fines totaling $965,250.00 in compound fines to individuals found smoking in prohibited areas, with a total of 3,490 cases recorded.

As part of a more comprehensive enforcement strategy, the Ministry of Health has and will continue to conduct a series of integrated operations with other enforcement agencies such as the Royal Brunei Police Force, the Royal Customs and Excise Department, and the Municipal Department.

The Ministry of Health will continue to monitor and strengthen these enforcement efforts to ensure a smoke-free environment for the well-being of all citizens and residents of Negara Brunei Darussalam.