Warnings have been handed out over the past year or so with new smoking ban regulations have been regulated to inform the public about the change happen to make sure that we always live in clean air.
KUALA LUMPUR: The smoking ban in all restaurants that started on 1 January 2020 by the then- Pakatan Harapan administration is a major step to curb an unhealthy lifestyle.
It’s in accordance with Control of Tobacco Product Regulations (Amendments) 2018, in which smoking at all eateries is prohibited. Those that need to smoke would need to do so at least three meters from the place.
Anyone found breaching the regulation faces an RM250, which will be reduced to RM150, if it is settled within a month.
This gazette is Malaysia's commitment to the Framework Convention on Tobacco Control as a member state and adheres to the guidelines set out in Article 8 of the World Health Organization (WHO).
Although implementation of the new legislation is absolutely welcome, the number by the Ministry of Health Malaysia serves to emphasize that there is still a large number of people who are active cigarette smoking total to 4,776,548 smokers.
According to an article published by Code Blue on 11 September 2020, the number of notices given at restaurants has decreased from 4,218 notices in January to 4,165 in February and only 1,224 notices in July 2020.
However, these may be due to a strict lockdown from March 18 to May 3, in the midst of the Covid-19 outbreak which can largely justify the decrease in smoking offences at eateries as dine-in services were not permitted during the Movement Control Order (MCO).
These can be proved by prior Control of Tobacco Products Regulations 2004, which number of compounds given in each state of Malaysia is only increasing in 2015 to 2017.
The Kedah state was always gradually increasing the number of compounds given to smokers with 2564 in 2015, 3003 in 2016 and 3505 in 2017. And the most stand out is Federal Territory of Kuala Lumpur and Putrajaya both combined. In 2016 recorded 566 compounds, 2015 recorded 706 compounds and the peak in 2017 with 3373 compounds given to smokers.
Regulations that were introduced by the Former Ministry of Health however were confronted with challenge by a group, which calls itself “Defenders of Smokers’ Rights”.
Its representatives argued that the ban breaches their human rights, claiming under Malaysian law that smoking is not a violation.
According to Solicitors and Advocates, Tetuan Nor Zabetha Chinna & Co, smoking ban was enforced from the Tobacco Control Laws and the amendment of law needs to go through many phases and be approved by the parliament.
This new amendment is broader in terms of compliance and the key legislation derives from the 1983 Food Act.
“If the authorities are strict and proactive enforcement is being normalized, nobody would dare to go against the rules.
“Smoking will affect the individual's health, wasting money, causing harm to other individuals.
“However, in the same category it is not fair to normalized smokers since there are those who still comply with regulations. There are ignorant minority groups that have not abided with regulations and caused problems,” she added.
Expanding civic awareness lessons and promoting a healthier lifestyle among individuals’ especially young people would help reduce the number of new smokers.
Existing smokers should at least know that they have no right to hurt anyone with their smoking habit while it is within their right to smoke.
According to an article by Tobacco Atlas, more than 27,200 Malaysians are killed each year by tobacco-caused illness.
Still, more than 44,000 children, aged 10 to 14 years and 4,528,000 adults, aged 15 years and above choose to use tobacco daily.
The mixture of smoke from the burning end of a cigarette and the smoke breathed out by smokers caused second-hand smoke. It is worrying that more than 7,000 chemicals are found and 70 of it can cause cancer.
Consultant Respiratory & Internal Medicine, Dr. Nurul Yaqeen Mohd Esa when interviewed through Skype application shared her knowledge about second-hand smoker or passive smoker.
“You are at risk of asthma symptoms and an asthma attack, whether or not you breathe in someone else's smoke.
“And you'll have more symptoms and need more medications to stay on top of your asthma if you're around cigarette smoke a lot.
“In the long run, it could do irreversible harm to your lungs if you are exposed to cigarette smoke and your asthma is harder to control,” she said.
It can be seen that second hand smoke victims in Malaysia in 2019 still happen in restaurants with air conditioning and without air conditioning, according to rules amendments in 2018.
Each person breathes thousands of gallons of air daily, making air the highest possible toxic exposure source known to humanity. Exposure to air polluted by the hazardous substances contained in coal or radioactive dust at work can lead to recognised health conditions.
Smoking without air conditioning is worse because there is nothing to filter and smokers puff might blow to someone else and cause second hand smoking.
Just as worse, air conditioners do have filters aimed at improving the quality of indoor air, however, the amount of contaminants emitted by a cigarette is so large that an AC filter is easily coated with residue.
It's crucial to understand that it doesn't mean they are catching all the chemicals discharged by smokers only because the filters are filthy quicker.
Dr. Nurul Yaqeen Mohd Esa also added the fact that the government is setting up smoking zone areas, it is like acknowledging their habit. However, looking at the long-term impact, it will separate smokers from restaurants and not causing harm to other peoples.
For some reason or another, she said that ‘Klinik Berhenti Merokok’ should be promoted more aggressively if we wanted to combat the issue before it became intolerable since most Malaysians do not know the existence of these clinics.
Victims of second-hand smoke are typically not in a place to defend themselves the right to clean air. There is no risk-free amount of second-hand smoke, even the teeniest exposure can be hazardous.
Despite the regulations gazetted by the government, a minority group of smokers are still lighting up their smoke anywhere they want.
According to Victim’s wife, Nor Shamsiah Hussin, her husband became a second-hand smoker, and works as a burger seller. There is no smoking history for the husband and he implicitly becomes a passive smoker.
“At first, it started with nonstop coughing for months so they decided to do a check-up and surprisingly the doctor suspected my husband is an avid smoker but he’s not a smoker.
“Maybe because working in an open area everyday causes him to be a second-hand smoker. He does take medication given by the doctor.
Since then Shamsiah Hussin asked her husband to wear a face mask whenever he’s at work station, but since he meets a lot of people’s everyday it is still worrying for them.
She agrees with good intention by the government to ensure a smoke-free environment, however she added the government should take serious action on this issue, it's not like the government did not take any action, they did, but maybe it is not stringent enough and may not have the greatest effect on the regulation to the public.
Enforcement by government and health ministry organizations should be joint effort more effectively so these regulations do not go to waste.
When the new regulations amendments happen, massive uproar from small establishments that their business will be harmed by smoking bans.
However, owner of Sampoy Restaurant, Ruslee Alias had a different viewpoint. He said that such concerns are unfounded.
He also said that as of now, no health official had ever visited his restaurant to check on smoking ban issues.
“There are still a minority of smokers who did not comply with the smoking notice that was put in the premises.
“If we give them warning, then they would get mad at us, instead we do tell them if they have been caught by a health officer, the restaurant would not be responsible,” he added.
He then continued by saying the restaurant's effort in lowering the number of smokers is by only putting a selective type of smoke brand with limited quantities.
Regular Customer, Aina Azhar does agree with the restaurant owner, she too had never met any health officers at the premises.
“I supported smoking ban regulation, it gave benefits to non-smokers. Now, we are free to breathe with fresh air.
“But, there are still people who smoke within the restaurant compound. I and my family once tried to educate them by showing the non—smoking sign, however not everyone could accept warnings from strangers,” she said.
Aina Azhar also hoped that official health would be stricter in combating the issue as it would cause harm especially to those who come and eat with their family members.
The latest and stricter anti-smoking regulations should lead to the stubbing of cigarettes by more smokers. Or perhaps another possibility is that these kinds of attempts by the government have peaked.
There is still a large portion of the population who choose to smoke, regardless of legislation and public education efforts. Even so, it is unfair and unrealistic to believe that regulations will make everybody stop smoking.
It seems as if the government is keen to compromise and smokers think they lost their freedom of movement. Perhaps it is possible for both parties to come up with better compromise. Until the government decides what next society needs to ask themselves- Is smoking ban the only way to combat the issue? Is Malaysia moving in the right direction or taking a step backwards? When does this going to end?