Lawyer’s Application to Challenge Smoking Ban in Private Offices Fixed for Hearing

PETALING JAYA: A significant development in the ongoing legal battle over the smoking ban in private offices in Malaysia has been announced, as lawyer Haniff Khatri Abdulla’s application for leave to challenge the ban has been fixed for hearing.

The Judicial Review

Lawyer Haniff Khatri Abdulla’s application for leave to commence a judicial review against the health minister and the government has been in progress since December 31, when he filed his application to challenge the smoking ban in private offices. The ban, which was introduced on January 1, 2024, prohibits smoking in private offices and other non-public spaces.

The Argument for Unconstitutionality

In his application, Haniff argued that the smoking ban under the Control of Smoking Products for Public Health Act 2024 (Act 852) is unconstitutional and that he wants the court to quash the order. According to Sinar Harian, Haniff previously stated that the ban was against the constitution, and he intends to challenge its validity in court.

The Personal Impact

Haniff, who is a heavy smoker, is not only challenging the ban but is also seeking exemption for his own law firm from the ban. He claims that his office had long notified employees and clients of his smoking habit, and the ban has resulted in an impact on his business.

The Next Steps

In a statement, Haniff announced that his firm obtained a sealed copy of the notice of application for leave to commence the judicial review and is now in the process of submitting it to the attorney-general’s office. The Kuala Lumpur High Court registry has also fixed the hearing date for May 22, which will be held on an ex-parte basis.

Awaiting the Hearing

The development marks an important milestone in the legal battle, and the hearing on May 22 will provide an opportunity for Haniff to present his arguments to the court. The outcome of the case will have significant implications for businesses and individuals across Malaysia.

Conclusion

The dispute over the smoking ban in private offices highlights the complexities of public health policies and their impact on individual rights and freedoms. While the ban was introduced with the intention of improving public health, Haniff’s challenge raises important questions about the constitutionality and practicality of the ban. The outcome of the hearing on May 22 will be closely watched by all stakeholders involved.

FAQs

Q: Why is lawyer Haniff Khatri Abdulla challenging the smoking ban in private offices?

A: Haniff argues that the ban is unconstitutional and wants the court to quash the order.

Q: What is the reason behind Haniff’s exemption request from the ban?

A: Haniff, a heavy smoker, claims that his law firm has long notified employees and clients of his smoking habit, and the ban has resulted in an impact on his business.

Q: When is the hearing scheduled for?

A: The hearing has been fixed for May 22, and will be held on an ex-parte basis.