Chongqing Morning Post
August 31, 2009

Yesterday, the Chongqing Morning Post reported the story of a man who was jailed for smoking in a local wholesale market. The report has caused a bit of stir since enforcement on the smoking ban is generally lax and fines low.

Five days in jail for lighting up a cigarette is literally unheard of. As a follow-up to the earlier report, an article in today's issue casts more light on the rationale behind the sudden augmentation of punishment.

The article included excerpts of an interview with Wang Dezhi, vice director of the Firefighting General Corps of Chongqing. In spite of the disputes, Wang insisted that the punishment for the smoker has a well-founded legal basis:

As the National Day approaches, punishment for violation of the Fire Prevention Law must be stepped up to ensure the safety of public spaces such as stores and markets. A guideline recently released by the Ministry of Public Security demanded "extraordinary measures for an extraordinary times." According to the guideline, "five days of jail is warranted for smoking or use of naked flames in places where risks of explosion and fire exist."

The Chaotianmen wholesale market, where the man was arrested, is one of China's biggest wholesale markets. Large quantities of combustible goods are stored there. A fire would be of any great consequence.

The newspaper report was used by the market as a warning for smokers

In addition, the Fire Prevention Law stipulates that in areas that present special fire or explosion hazards, smoking or use of naked flame are punishable by a warning or fine of no more than 500 yuan; in extreme cases, the offender will face detainment of up to five days. Wang then explained that "extreme" meant offenders refuses to heed to warnings from authorities; in Zhao's case, he is a business owner who has the obligation to stop customers from smoking, but he still acted with knowledge that his actions violated the law.