KUALA LUMPUR (Oct 5): The Ministry of Health (MOH) should get the opinion of the attorney general and hold discussions with the Malaysian Bar Council before passing the Control of Tobacco Product and Smoking Bill 2022, said civil society organisation Gagasan Belia.
The youth group on Wednesday (Oct 5) urged the MOH and the Parliamentary Special Select Committee (PSSC) to issue a comprehensive report on the constitutionality of the Bill, also known as the tobacco generational endgame (GEG).
Gagasan Belia listed the recommendation in a memorandum that was passed by its representatives, Mohammad Alshatri Abdullah and Tharma Pillai, to PSSC representatives outside the Parliament building.
The PSSC representatives were Jerlun Member of Parliament Datuk Seri Mukhriz Mahathir and Tuaran MP Datuk Seri Panglima Wilfred Madius Tangau.
Other opposition MPs were also present to receive the memorandum, namely Petaling Jaya MP Maria Chin Abdullah, Muar MP Syed Saddiq Syed Abdul Rahman and Segambut MP Hannah Yeoh.
Gagasan Belia, a part of the CSO Platform for Reform, believes that the current GEG Bill conflicts with Article 8 of the Federal Constitution.
“The proposed Bill is a violation of fundamental rights because it gives the Government the power to prosecute citizens based on the difference in their birth years, and this matter is not under the doctrine of reasonable classification as stated by the Judiciary,” it said.
“It should be emphasised that the GEG Bill will be the only law in the country's history to be enacted based on the year of birth, rather than age. It is not wrong to bring back the GEG Bill as a Constitutional Amendment Bill, instead of hastily passing a Bill that is sure to be killed in court.”
Gagasan Belia requests for the MOH to amend the draft Bill and remove all elements of criminalisation against individuals who are found in possession of cigarettes, smoking devices, or vape products.
It added that the MOH should limit the allocation of powers for officers under the Bill to be in line with the basic rights of Malaysians as enshrined under the Federal Constitution.
Gagasan Belia highlighted that among the powers granted to enforcers include stopping and searching vehicles and inspecting any luggage, package and any container without a warrant, as well as access to devices and computers to obtain information, including forcing the submission of passwords to computerised devices and information.
“This kind of policy contradicts all legal principles that are respected in Malaysia, especially the presumption of innocence, because it allows the authorities to investigate and search an individual or premises without any solid evidence,” it said.
The MOH also should detail the mechanism of the existing Bill by adding aspects of rehabilitation and non-custodial sentencing for individuals who are found to have violated the Bill, it said.
The Bill is expected to be tabled by Health Minister Khairy Jamaluddin in the Dewan Rakyat on Thursday.
The Dewan Rakyat on Aug 2 approved for the Bill to be referred to the PSSC, comprising 13 government and opposition MPs and chaired by Khairy, to make recommendations to examine the enforcement section of the Bill, and to propose any improvements if necessary, subject to the law in force.
Among other things, the Bill will prohibit the sale and use of any form of smoking material including electronic cigarettes or vaping to individuals born on Jan 1, 2007 onwards with the aim to build a tobacco-free generation in Malaysia.
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