Several local stakeholders, whether from the government, the civil society or of course THE industry - meaning the casino industry as they often refer to themselves - have been blowing smoke for a while regarding the measures that pave the way for a tobacco free (and therefore healthier) environment in Macao. In fact, this has been the case ever since the idea of such a new piece of legislation was aired in 2010 and the law was ultimately passed in May 2011, which, incidentally, was the same month China began enforcing a ban on smoking in public spaces, but five years after Hong Kong had passed a similar bill: holy smoke, that comes as a surprise!
The mere fact that it took a year and a half for that law to be enshrined in the official gazette serves as an indication that the pressing urge for such a tobacco control policy was far from unanimous. I routinely discuss that law with my students as an illustration for a class on “conflicts of interest,” smoking out the deceitful vested interests at play and the inner workings of a paternalist and yet clientelist political environment: after all, there is no smoke without a fire!
The composition of the Second Permanent Commission that examined the law before it was discussed and (finally) passed is rather telling. The commission is presided over by Mr Chan Chak Mo, an indirectly-elected legislator who is also the chairman of the United Association of Food and Beverage Merchants of Macao (the organizer of the shameful Macao Food Festival…) and General Manager of Future Bright, a company that operates no less than 24 restaurants and ten food courts! No wonder the law was delayed and bars, dance halls, saunas and massage parlors got a three-year reprieve and casinos a one-year exemption before having to comply for only half of their surface area! The brother of the Chief Executive, Mr Chui Sai Cheong, is also an indirectly-elected member of that commission, and so is Mr Chan Meng Kam, a directly elected casino operator, along with Mr Lee Chong Cheng, a directly elected legislator who is also the deputy director of the General Association of Workers in Macao - an association that is very vocal in defending casino workers’ rights today!
Might that be due to upcoming elections? Would that mean that things finally get discussed when competition is introduced and a pre-electoral campaign looms?
Let me parade my smoking barrels then! Sometimes things backfire, just as they did for Mrs Angela Leong, an elected legislator who can usually rely on her employees to get elected, and was so adamant about asking for a complete smoke free environment in casinos (despite the law she voted for…) that she was cornered by her own contradictions when she was confronted by challenging casino workers who suggested she should lead by example and immediately implement in the casinos she operates an absolutely smoke-free policy, instead of the “minimum 50%” required by the law! The rule of woman if not the rule of law…
The government certainly issued its regulations regarding the “less than 50%” prescription very late (October 29, 2012!), indeed, probably too late and without adequate consultation and discussion with casino operators prior to the announcement of the required instructions regarding air quality and signalization. But let’s not kid ourselves either: casino operators, all of them, are displaying an extraordinary amount of insincerity in applying the law, despite all their claims to the contrary. In all casinos I have visited since January 1, all non-smoking areas are concentrated in the most deserted parts of the premises. Isn’t “good faith,” or its contrary, legally binding somehow? Oops, another one that goes up in smoke!
Published in Macau Daily Times on January 11th 2013
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