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June 1， 2015， may be a dark day for Beijing smokers because the city’s strictest smoking control regulations ever took effect that day. According to the regulations， smoking is banned in eight types of public places such as public transportation， scenic spots， and schools， and anyone who sells tobacco to minors will be fined 30，000 yuan.
Such a local law is believed to be China’s most integrated with international smoking control practices in terms of enforcement and penalties.
Along with acclaim from across the country， suspicion about feasibility and enforcement of the regulations has risen. In fact， over the last ten years， versions of laws on smoking control have frequently been released by both State and local governments， but they have never been well implemented.
Beijing pledged to break the vicious cycle and give full play to the power of the law.
Mighty Publicity
The most stringent smoking control regulations refer to Beijing’s regulations on smoking control passed six months ago， which attracted public attention from inception to release. On November 28， 2014， the regulations were finally passed after a year of debate， investigation and research. According to its 30 articles， smoking in public spaces， indoor workplaces and public transportation will bring fines 20 times greater than past penalties.
“It aligns more with Framework Convention on Tobacco Control from the World Health Organization （WHO） than any previous regulation，” explains Yang Gonghuan， vice president of Chinese Association on Tobacco Control. “They are considered the most stringent smoking control regulations in Chinese history in terms of specificity and the major penalty bump. Some netizens joked that anywhere with roofs is prohibited for smoking.”
As planned， the six months prior to implementation was allotted for promotion. To this end， the municipal government of Beijing， medical institutions and groups of volunteers launched various campaigns. Beijing also invited WHO to help. On April 22， 2015， WHO’s office in China launched a release ceremony for a smoking control poster， during which time Dr. Bernhard Schwartlander， WHO representative in China， spoke highly of the regulations. “In China， many people have no idea of the severe harm of smoking and second-hand smoke，” Bernhard noted. “Beijing’s promulgation of a smoking ban presents a major opportunity not only to clarify the goals of banning smoking in public places but also to ensure proper implementation through supplementary measures.”
A Demanding Situation
The situation demanded regulation. In 2014， WHO released statistics showing that China， the world’s largest tobacco consumer， had 300 million smokers with over 4 million in Beijing， about one seventh of the capital’s population.
Statistics also reveal that over the last decade， China has intensified its promotional campaigns and law enforcement efforts， which has in turn decreased the number of smokers. Nevertheless， different age groups reacted differently to the developments， particularly those between ages 40 and 59， who tended to stick to old habits. About 200 million more over the last ten years have been consistently exposed to second-hand smoke， bringing the total to 740 million， 180 million of whom are children.
The massive group of smokers causes huge damage to the collective health of the country and smoking has become“No. One Killer.” Every year， more than 1 million Chinese people die from diseases related to smoking， surpassing the totals of other major causes of death such as traffic accidents， tuberculosis， and AIDS. Hospitalization costs have kept rising for successive years： In 2010， it topped 66.475 billion yuan， and in 2014， it rocketed to nearly 100 billion yuan.
Governmental organizations， both central and local， have made determined efforts to address the issue. In November 2014， the Legal Affairs Office of the State Council drafted rules to ban smoking in public places， the first nationwide smoking control measures in the country， which remain under consultation and deliberation. Beijing eventually led the country in implementing the “most stringent smoking control regulations ever to be introduced.”
Public Expectations
Chinese citizens highly anticipated Beijing’s move， which was not the first time for a government to implement such laws. Over the past few years， 13 cities， including Beijing and Shanghai， have promulgated smoking-bans which were never effectively enforced.
As early as 1995， Zhuhai in Guangdong Province led China in issuing the interim regulations， which were officially enforced the next year. Yet， according to reports from 2011， 15 years later， many public places in the city were still filled with smoke， and only two smokers were ever fined.
Why is implementation so difficult？“According to the regulations， the enforcers were supposed to be health administrative departments， which lacked the necessary resources in terms of manpower，” explains a related official from Zhuhai Center for Disease Control and Prevention. Other places， such as Beijing and Shanghai， have also been plagued the same way. Along with enforcement difficulties， weak penalties were another major hindrance on smoking control. In Beijing， for example， the penalty for a single violation was only 10 yuan – one-three hundredth of the average monthly income. Moreover， Chinese citizens are hesitant to ever demand smokers to put out cigarettes despite the fact that everyone knows smoking is harmful. Media investigations have shown that many citizens will tolerate or avoid smokers rather than seeking help from law enforcement.
“Difficulties with collecting evidence， enforcement， light penalties， and weak awareness of rights are fundamental factors blocking intended effects of smoking control laws，” asserts Wu Yiqun， deputy director of Thinktank Research Center of the Health Development. “Only by solving these problems can ‘the most stringent smoking control regulations ever’ be effectively implemented.”
Clearly， administrative departments in Beijing are aware of such challenges， and for the first time they defined the institutions and limits of authority for law enforcement： A collaborative team consisting of departments of health and more than ten offices， committees， and bureaus has been designated to enforce the law and regularly report results to the public. The worst individual offenses will bring a maximum fine of 200 yuan， 20 times the previous penalty， and an organization can be fined as much as 30，000 yuan.
Multiple channels for complaints have been established to maintain communication， and managers must respond to com- plaints within a limited amount of time.
“Generally speaking， the new law is good news for smoking control thanks to such joint efforts， and we see it as a big step forward，” comments Yang Gonghuan， vice president of Chinese Association of Tobacco Control. “However， immediate major results are far beyond the power of one single law. Only by persevering can the written law bring conscious action in terms of actual smoking control.”
On May 10， 2015， at about the same time the smoking ban was implemented， the Chinese government raised its wholesale tobacco tax to 11 percent from 5 percent levied six years ago.
Many experts believe that increased taxes complement governmental smoking control campaigns， evidencing firm determination to ban smoking.
Such a local law is believed to be China’s most integrated with international smoking control practices in terms of enforcement and penalties.
Along with acclaim from across the country， suspicion about feasibility and enforcement of the regulations has risen. In fact， over the last ten years， versions of laws on smoking control have frequently been released by both State and local governments， but they have never been well implemented.
Beijing pledged to break the vicious cycle and give full play to the power of the law.
Mighty Publicity
The most stringent smoking control regulations refer to Beijing’s regulations on smoking control passed six months ago， which attracted public attention from inception to release. On November 28， 2014， the regulations were finally passed after a year of debate， investigation and research. According to its 30 articles， smoking in public spaces， indoor workplaces and public transportation will bring fines 20 times greater than past penalties.
“It aligns more with Framework Convention on Tobacco Control from the World Health Organization （WHO） than any previous regulation，” explains Yang Gonghuan， vice president of Chinese Association on Tobacco Control. “They are considered the most stringent smoking control regulations in Chinese history in terms of specificity and the major penalty bump. Some netizens joked that anywhere with roofs is prohibited for smoking.”
As planned， the six months prior to implementation was allotted for promotion. To this end， the municipal government of Beijing， medical institutions and groups of volunteers launched various campaigns. Beijing also invited WHO to help. On April 22， 2015， WHO’s office in China launched a release ceremony for a smoking control poster， during which time Dr. Bernhard Schwartlander， WHO representative in China， spoke highly of the regulations. “In China， many people have no idea of the severe harm of smoking and second-hand smoke，” Bernhard noted. “Beijing’s promulgation of a smoking ban presents a major opportunity not only to clarify the goals of banning smoking in public places but also to ensure proper implementation through supplementary measures.”
A Demanding Situation
The situation demanded regulation. In 2014， WHO released statistics showing that China， the world’s largest tobacco consumer， had 300 million smokers with over 4 million in Beijing， about one seventh of the capital’s population.
Statistics also reveal that over the last decade， China has intensified its promotional campaigns and law enforcement efforts， which has in turn decreased the number of smokers. Nevertheless， different age groups reacted differently to the developments， particularly those between ages 40 and 59， who tended to stick to old habits. About 200 million more over the last ten years have been consistently exposed to second-hand smoke， bringing the total to 740 million， 180 million of whom are children.
The massive group of smokers causes huge damage to the collective health of the country and smoking has become“No. One Killer.” Every year， more than 1 million Chinese people die from diseases related to smoking， surpassing the totals of other major causes of death such as traffic accidents， tuberculosis， and AIDS. Hospitalization costs have kept rising for successive years： In 2010， it topped 66.475 billion yuan， and in 2014， it rocketed to nearly 100 billion yuan.
Governmental organizations， both central and local， have made determined efforts to address the issue. In November 2014， the Legal Affairs Office of the State Council drafted rules to ban smoking in public places， the first nationwide smoking control measures in the country， which remain under consultation and deliberation. Beijing eventually led the country in implementing the “most stringent smoking control regulations ever to be introduced.”
Public Expectations
Chinese citizens highly anticipated Beijing’s move， which was not the first time for a government to implement such laws. Over the past few years， 13 cities， including Beijing and Shanghai， have promulgated smoking-bans which were never effectively enforced.
As early as 1995， Zhuhai in Guangdong Province led China in issuing the interim regulations， which were officially enforced the next year. Yet， according to reports from 2011， 15 years later， many public places in the city were still filled with smoke， and only two smokers were ever fined.
Why is implementation so difficult？“According to the regulations， the enforcers were supposed to be health administrative departments， which lacked the necessary resources in terms of manpower，” explains a related official from Zhuhai Center for Disease Control and Prevention. Other places， such as Beijing and Shanghai， have also been plagued the same way. Along with enforcement difficulties， weak penalties were another major hindrance on smoking control. In Beijing， for example， the penalty for a single violation was only 10 yuan – one-three hundredth of the average monthly income. Moreover， Chinese citizens are hesitant to ever demand smokers to put out cigarettes despite the fact that everyone knows smoking is harmful. Media investigations have shown that many citizens will tolerate or avoid smokers rather than seeking help from law enforcement.
“Difficulties with collecting evidence， enforcement， light penalties， and weak awareness of rights are fundamental factors blocking intended effects of smoking control laws，” asserts Wu Yiqun， deputy director of Thinktank Research Center of the Health Development. “Only by solving these problems can ‘the most stringent smoking control regulations ever’ be effectively implemented.”
Clearly， administrative departments in Beijing are aware of such challenges， and for the first time they defined the institutions and limits of authority for law enforcement： A collaborative team consisting of departments of health and more than ten offices， committees， and bureaus has been designated to enforce the law and regularly report results to the public. The worst individual offenses will bring a maximum fine of 200 yuan， 20 times the previous penalty， and an organization can be fined as much as 30，000 yuan.
Multiple channels for complaints have been established to maintain communication， and managers must respond to com- plaints within a limited amount of time.
“Generally speaking， the new law is good news for smoking control thanks to such joint efforts， and we see it as a big step forward，” comments Yang Gonghuan， vice president of Chinese Association of Tobacco Control. “However， immediate major results are far beyond the power of one single law. Only by persevering can the written law bring conscious action in terms of actual smoking control.”
On May 10， 2015， at about the same time the smoking ban was implemented， the Chinese government raised its wholesale tobacco tax to 11 percent from 5 percent levied six years ago.
Many experts believe that increased taxes complement governmental smoking control campaigns， evidencing firm determination to ban smoking.