I am glad to find a forum for Smokers and at the same time
welcome anti-smokers. Thank you. I am an anti-smoker.
I would like to ask for your opinions on proposing to the
government to amend the Smoking (Prohibition in Certain Places) Act
(Chapter 310). That Act prohibits smoking in public places.
Thanks to the Act, our children are protected from secondhand
cigarette smoke in school and in most places where they go such as
public library, buses and MRT, food courts, swimming pools, public
playground and shopping centres.
But, while the children are well protected outside, they are
not protect at the very place they spend most of their time -
home. I propose the government consider extending the Act to
protect children from the health dangers of secondhand cigarette
smoke at home.
The common property of a private residential estate includes the
swimming pool, playground, gym, multi-function room and car park.
Under the Building Maintenance and Strata Management Act, the
management corporation strata title (MCST) of a private residential
estate has the control, management and administration of the common
property. By right, the MCST has the power to prescribe any by-law
or house rules to prevent smoking in the common areas. However, in
reality, the MCST lacks the teeth to bite when it comes to
enforcing any non-smoking by-law, as it is not a law enforcement
body.
Section 3(1)(b) of the Act stipulates that the Agency may, with the
approval of the Minister, by notification in the Gazette, specify
any common property or limited common property of any residential
premises or building as being a place in which smoking shall not be
permitted.
The government therefore can allow an MCST to apply to the National
Environment Agency to designate the private residential estate as
non-smoking place if an ordinary resolution of the subsidiary
proprietors is passed.
In order to make it easier for families with babies and young
children to push for such a resolution to be passed, it is
important to allow such for a resolution to be passed with 50%
votes in favour (i.e., an ordinary resolution and not a special
resolution).
Once the private residential estate is designated as non-smoking
place by NEA, anyone found breaching the smoking ban shall be dealt
with by NEA, who has the established processes and manpower to do
so.
Unlike in public places, NEA's officers may not have direct access
to private residential estates. We must allow anyone aggrived by
the smoking to report any violation to NEA and any footage of CCTV
camera or digital photographs taken by the resident can be
admissible as evidence for NEA to prosecute the offender.
What do you all think of this suggestion ?