KUALA LUMPUR: The Health Ministry is ready to fight a legal challenge brought by the Smokers Right Club against the new no-smoking ruling at eateries, in a bid to safeguard public health.
Its minister, Datuk Seri Dr Dzulkefly Ahmad, said that the gazetted prohibition against smoking in restaurants is based on firm grounds under the Control of Tobacco Product (Amendment) Regulations 2008.
However, he said that the filing of the legal challenge by the seven members of the club is part and parcel of a democratic country, which allows citizens to express disagreement with the government.
“This is a democratic country. (The seven smokers) have the channel to express their dissent and disagreement with (the Health Ministry). They are free to do so.
“I have gone through the judicial review of the seven individuals and their lawyer, Mohamed Haniff Khatri Abdulla.
“We are more than willing to see them in court. We know we are on firm ground and we have the provisions under the Control of Tobacco Product (Amendment) Regulations.
“We will see them in court in order to ensure we can successfully carry out the programme to safeguard the health of Malaysians, like young children and the elderly, who cannot defend themselves (against passive smoke from cigarettes) in public places,” he said.
Dr Dzulkefly was speaking on the sidelines of a press conference in Bandar Permaisuri Cheras here today, on the first day of the no-smoking ruling coming into effect.
He said during the public awareness campaign for the new law, he joined health enforcement officers as they visited several restaurants in the vicinity and talked with premises owners and customers about the ruling.
Yesterday, members of the Smokers Right Club filed an application at the High Court for leave to initiate a judicial review against the ministry.
The seven – Mohd Hanizam Yunus, 52, Zulkifli Mohamad, 56, Mohd Laisani Dollah, 46, Mohd Sufian Awaludin, 35, Ridzuan Muhammad Noor, 52, Mohd Yazid Mohd Yunus, 48, and Yuri Azhar Abdollah, 39 – claimed that the smoking ban contradicts the Federal Constitution.
Their position is that because smoking is not a criminal activity and not banned in the country, the right to engage in the activity is guaranteed by the Constitution.