Rail passenger wins smoking suit against train operator

A railway authority in northern China has been ordered to remove smoking areas and ashtrays on trains after it was accused of allowing passengers to smoke last year.

Beijing Railway Transport Court made the ruling against the Harbin Railway Bureau on Monday afternoon, saying it would improve the traveling environment for passengers.

Under Chinese law, smoking is banned on bullet trains, but there is no clear ban for slower trains.

Legal experts and anti-smoking campaigners say the case is China’s first lawsuit seeking to ban smoking by suing the operator of a standard train service.

The railway bureau’s attorney said he would consult with his client to see whether it planned to appeal. He added that the operator had taken measures against smoking in passenger cars since the lawsuit was filed last year.

On June 9, 2017, a female passenger surnamed Li traveled from Beijing to Tianjin on train K1301 operated by the Harbin Railway Bureau. During the trip, she found lots of passengers smoking between the cars, even though the bureau’s safety tips said smoking was banned everywhere on the train.

She complained, without effect, and then sued the railway bureau in August.

The court heard the case publicly in December. During the trial, Li asked the judges to order the bureau to remove smoking areas and ashtrays, and demanded compensation of 102.5 yuan ($13) for her ticket, 3,000 yuan for legal expense and 1 yuan for the mental suffering the smokers caused her.

On Monday, the court supported her request for the removal of smoking areas and ashtrays, but said the railway bureau did not need to pay compensation.