Don’t light up: The indoor smoking band still stands after the Federal Court threw out a case challenging the law. — K.T. GOH/The Star
PETALING JAYA: The government’s indoor smoking ban should now be strictly enforced, say non-smokers, restaurateurs and health experts after the Federal Court threw out a case challenging the law.
While they supported the ban, eatery owners urged the government to review penalties imposed on restaurants where smokers were caught flouting the law.
Malaysian Medical Association president Dr Muruga Raj Rajathurai hailed the decision, saying that the ban on smoking must now be enforced strictly.
“Smoking is a serious public health concern as it not only endangers the health of smokers but also people in their presence through second-hand and even third-hand smoke,” he said when contacted yesterday.
He hoped the court’s ruling would give greater impetus to the authorities to strictly enforce the ban.
“There are still some smokers who openly flout the law in certain areas throughout the country,” he said.
On Tuesday, a three-judge panel of the Federal Court unanimously dismissed a leave application by seven smokers seeking to challenge the smoking ban at eateries.
The seven, who called themselves the Smokers Right Club, were also ordered to pay RM30,000 in costs to the government.
The group began their challenge to the smoking ban at all eateries on Dec 31, 2018, a day before its enforcement on Jan 1, 2019.
They argued that smoking is a permissible activity allowed by the Constitution and is not illegal.
On Nov 23 last year, a three-member Court of Appeal bench upheld the ban, ruling that smoking in public places is not a fundamental right protected under the Federal Constitution.
Public health medicine specialist Datuk Dr Zainal Ariffin Omar said there should no longer be any doubt about the government’s legal mandate to enforce the ban “fairly and appropriately” following the court’s ruling.
Under the ban, those found smoking or vaping in prohibited areas may be issued a RM250 compound or face a RM10,000 fine if taken to court.
Malaysian Muslim Restaurant Owners Association (Presma) president Datuk Jawahar Ali Taib Khan also agreed with the court’s decision.
“Restaurants and eateries are also family gathering places, especially during the weekends. The ban will ensure parents and especially their young children are not exposed to harmful cigarette smoke,” he said.
Although he agreed that smokers who flout the law should be fined, Jawahar said the ministry should reconsider the penalties imposed on eateries where smokers are caught.
Restaurant operators who fail to put up no-smoking signs risk a fine not exceeding RM3,000 or jail time of up to six months.
And restaurateurs who fail to act against smokers on their premises risk a RM5,000 fine or a year in jail.
“There was an incident where I called the authorities to report several smokers smoking in a prohibited area near my restaurant,” Jawahar said.
“I was shocked when I was also fined by the health officers who said that it was the law.”
Also applauding the ruling was Kuala Lumpur Bumiputra Traders and Hawkers Association vice-president Datuk Muhammad Baba Kutty.
He said the ban is not total, as there are still designated areas where smokers can light up.
“Singapore implemented a similar ban and so far the people have no issues with it. We should be able to handle a smoking ban too,” he said.
Muhammad Baba said most eatery operators have accepted the ban since its implementation in 2019.
Restaurant and Bistro Owners Association vice-president Jeremy Lim said the court made the right decision.
“The ban is not encroaching on people’s right to smoke and smokers should respect people’s right to eat at restaurants without being bothered by cigarette smoke,” he said.
Lim also suggested that the government review the penalties imposed on restaurant owners.
“Whenever a person decides to violate the ban at a particular eatery, both the consumer and restaurant owner are penalised.
“The penalty can be detrimental for restaurant businesses and the government should review this aspect of the ban,” he said.
