A new draft law, the first of its kind in the city, bans smoking in most public places and imposes fines on establishments that fail to obey the restrictions.

Under the proposal, smoking will be strictly banned in schools, hospitals, stadiums, libraries, theaters and museums.

Airports and train stations must set up ventilated smoking rooms.

Hotels and entertainment centers must ban smoking indoors or provide a separate smoking area. Government offices and state-owned enterprises must also set up non-smoking areas.

And while restaurants are encouraged to ban smoking or set up smoking areas, they are not required to do so.

Places that fail to ban smoking could be penalized up to 30,000 yuan (US$4,300) and individuals who smoke in non-smoking areas will be fined 200 yuan, according to the draft.

But legislator Zhang Aimin said the law fails to meet the goal set up by the Framework Pact of Tobacco Control, which China signed in 2003. According to the pact, all indoor public spaces in China will ban smoking by 2011.

"Higher penalties should be imposed on places that fail to apply the ban," he said.

Liu Yungeng, director of Shanghai Municipal People's Congress, said enforcement of the smoking ban should be part of the performance evaluation for government departments and State-owned enterprises.

Zhang Pinpin, a professor with Fudan University, said smoking should also be banned at work places and restaurants. And detailed requirements for smoking rooms should be stipulated too.

"Tests have found that the density of cigarette smoke is still high five meters away from smoking rooms," she said.

(China Daily August 18, 2009)