KUALA LUMPUR (Oct 5): Legal experts see no conflict between the generational endgame (GEG) policy to be imposed under the proposed Control of Tobacco Products and Smoking Bill 2022, and Article 5 and Article 8 of the Federal Constitution, according to the 13-member parliamentary special select committee (PSSC) responsible for the proposed legislation.
It said the proposal does not violate the right to personal liberty, which is the right guaranteed by Clause (1) of Article 5 of the Federal Constitution, and the right to equality guaranteed under Article 8 of the Federal Constitution.
The proposed GEG law bans anyone born from Jan 1, 2007 from ever buying tobacco or vape products in their lifetime.
“The committee takes note of the view that any law in Malaysia can be challenged in court, including laws involving the implementation of GEG. This is a normal process for any law,” it said in a statement on Wednesday (Oct 5). The statement, which is available on the Parliament's website, contains the proposed improvements to the Control of Tobacco Products and Smoking Bill 2022.
It said the Bill, which is expected to be tabled for the second reading on Thursday in Dewan Rakyat, supports the principle of Article 5 of the Federal Constitution as the freedom to smoke is not a personal freedom and is not guaranteed under the Constitution.
“Smoking is a personal choice and not a constitutional right protected under Part II of the Federal Constitution for fundamental freedoms,” it added.
“The effects of smoking, which are known to be harmful to health to the point of fatality, are clearly contrary to the intention and meaning of life as enshrined under the Federal Constitution.
“The effects of smoking have also been proven to be harmful to health not only to the smoker himself but also to those around him,” the committee said.
In regards to Article 8 of the Federal Constitution, it said the proposal to make a provision prohibiting those born on or after Jan 1, 2007 onwards from buying and smoking tobacco products and alternative tobacco products does not violate the individual's right to life.
The Bill was tabled for its first reading on July 27, and its second reading on Aug 1, at which point it was referred to the PSSC for review after the Ministry of Health came under fire for advancing draconian enforcement measures, such as criminalising both consumers and retailers for possession of tobacco or vape products.
The committee was tasked to make recommendations to examine the enforcement section of the Bill, and to propose any improvements if necessary, subject to the law in force. The bipartisan PSSC is chaired by Health Minister Khairy Jamaluddin and its members include Baling Member of Parliament Datuk Seri Abdul Azeez Abdul Rahim, Sibuti MP Lukanisman Awang Sauni, Parit MP Datuk Mohd Nizar Zakaria, Pengerang MP Datuk Seri Azalina Othman Said, Masjid Tanah MP Datuk Mas Ermieyati Samsudin, Pasir Mas MP Ahmad Fadhli Shaari, Bandar Kuching MP Dr Kelvin Yii and Sungai Buloh MP Sivarasa Rasiah.