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Ministry told to  wait for the  judicial review 
Published on: Sunday, January 20, 2019
By: Sohan Das
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 Ministry told to  wait for the  judicial review 
LABUAN: The Health Ministry should wait for the judicial review on the smoking ban and not muscle its way to enforce smoking ban on eateries. 

Otherwise, it may suggest that the Ministry had already concluded that it knows beforehand the outcome of the suit. 

Activist Lau Seng Kiat said the smoking ban on all eateries is generally welcomed but certain matters did not sound logical such as smoking allowed only three metres away from the premises as some premises may not have a suitable three-metre spot. Thus, they would be at a disadvantage.

“It is also necessary to note that all sorts of individuals patronise eateries and some may pick a quarrel with the owner. Would the Ministry provide protection on the spot to the operator?”

Lau also pointed out a recent statement by National Institute of Occupational Safety and Hazard (Niosh) Chairman Tan Sri Lee Lam Thye calling for the smoking ban to be extended to cover offices and enclosed areas, but with a special place for smokers to satisfy their craving.

Lau agreed with Lee that the Ministry should discuss with the employers before imposing the ban.

On another note, Lau asked whether the Ministry plans, after implementing the smoking ban, to allow only smoke-free cars on the roads as smoking in cars causes air pollution and not healthy particularly for children.

He said Singapore should not be listed only as an example of smoking ban but ignoring other countries such as Thailand, Cambodia, Vietnam and Indonesia to name a few.

“The best course of action is a balanced stand on the issue since eateries are worried over the loss of business. 

“Let the eateries decide their own fate in the matter. If they find non-smoking is attracting more customers, they would naturally support it without having been asked to do so,” said Lau.

A group is seeking a declaration that the ban is unconstitutional and an injunction against the Ministry from enforcing the smoking ban. Health Minister Datuk Seri Dzulkefly Ahmad responded by saying he was prepared to face the challenge in court and was confident that the outcome would favour the Ministry. - Sohan Das





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