He violated an offence under Regulation 11(1) (d) of the Control of Tobacco Products Regulations 2004 and committed an offence under Regulation 11(3) of the same Regulations which provides for a fine of up to RM10,000 or imprisonment of up to two years, on conviction.
Kota Kinabalu: A 28-year-old man was fined RM2,500 or two months’ jail for smoking in a restaurant, which is a no-smoking area.
Darien Chang Wai Kuok pleaded guilty before Magistrate Lovely Natasha Charles, to the charge against him on Tuesday.
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Chang was found smoking at 3.25pm on Aug 24, 2022 at the Kokomo Kitchen in Lintas Square, here.
He violated an offence under Regulation 11(1) (d) of the Control of Tobacco Products Regulations 2004 and committed an offence under Regulation 11(3) of the same Regulations which provides for a fine of up to RM10,000 or imprisonment of up to two years, on conviction.
During mitigation, Chang asked for leniency.
However, Health Prosecuting Officer Arnila Ahmad urged the court to impose an appropriate sentence as to give a lesson to him and public at large that it was important that designated smoking areas were strictly adhered to, not only for the good of individuals, but also to protect the community as a whole.
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Arnila informed the court that Chang was offered a compound of RM250 but failed to pay it within the stipulated time.
The court heard that on the said day Chang was seen smoking at the premises by the health enforcement on duty, who then approached him and told him that the restaurant area is a no-smoking area.
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The officers then took the cigarette from Chang’s hand to be used as an exhibit.
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