Evidence Required for Breach of Disputes Resolution Tribunal Order to Cease Smoking at Home

Mr Louis Ng Kok Kwang asked the Minister for Law what kind of evidence needs to be presented to the Community Disputes Resolution Tribunals (CDRT) to demonstrate that there is a breach of the CDRT order for a neighbour to stop smoking at home.

Smoking at home is generally permitted.

A claim can be made under section 4 of the Community Disputes Resolution Act 2015 (CDRA) for cases of smoking at home where the second-hand smoke interferes with a neighbour's enjoyment of his or her home.

The Community Disputes Resolution Tribunals (CDRT) is not bound by the formal rules of evidence. CDRT will take into consideration evidence that is relevant to establishing the claim or proving the breach of an order. Some examples of evidence that might be presented to the CDRT were previously given in response to a Parliamentary Question on 18 February 2022. [Please refer to "Proceedings under Section 4 of Community Disputes Resolution Act 2015 for Cases of Smoking Near Balconies or Windows in Homes", Official Report, 18 February 2022, Vol 95, Issue 49, Oral Answers to Questions section.]

Ultimately, CDRT will assess the evidence holistically to determine if a claim is proven on a balance of probabilities. The kind of evidence that will be helpful to CDRT is relevant, credible, reliable and sufficient to persuade the Court. Members of the public who have doubts about how to present their case in CDRT may wish to seek legal advice, or approach Pro Bono SG's various Community Legal Clinics.