Appeal to challenge smoking ban set for Feb 8 hearing

 

The Court of Appeal has fixed Feb 8 next year to hear an appeal to challenge the Health Ministry’s smoking ban at eateries nationwide.

Lawyer Mohamed Haniff Khatri Abdulla confirmed this to Malaysiakini today.

“The appeal over the smoking ban has been fixed for hearing before the Court of Appeal on Feb 8 next year,” Haniff said. 

The lawyer is acting for seven pro-tem members of the Smokers Right Club, who mounted the legal challenge at the Kuala Lumpur High Court.

Checks at the online cause list at ecourtservices.kehakiman.gov.my showed the appeal listed for hearing before the Court of Appeal at 9am on Feb 8, 2021. 

On Oct 29 last year, the Kuala Lumpur High Court dismissed the seven individuals’ judicial review application against the smoking ban.

High Court judge Mariana Yahya had ruled that the Health Ministry had acted within its jurisdiction and that the smoking ban enforcement did not breach Articles 5 and 8 of the Federal Constitution.

Mariana said the applicants were wrong to say that their right to smoke cigarettes would be violated with the ban, among others.

Article 5 of the Federal Constitution deals with a person’s fundamental right of personal liberty, while Article 8 is in regard to an individual’s fundamental right to equality before the law and equal protection of the law.

On Dec 31, 2018, it was reported that the seven individuals filed the application for leave to commence with judicial review against the smoking ban, which came into effect on Jan 1, 2019.

On Jan 29 last year, it was reported that the Kuala Lumpur High Court granted leave to the applicants to proceed with the judicial review.

Following the High Court dismissal of the legal action, the seven individuals then filed an appeal to the Court of Appeal on Nov 26 last year. - Mkini