Malaysia

Smoking is prohibited in the types of buildings, areas, and places listed in the Schedules to the Control Of Smoking Products For Public Health (Declaration Of Non-Smoking Area Or Place) Order 2024. Although the lists are comprehensive, some types of places are specifically excluded or not included in the lists, including: non-air conditioned shops, casinos, guest rooms of hotels, and designated smoking areas in airports. Because these places are workplaces for some people, the regulatory status “Smoking is Restricted” is given.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking in all parts of all indoor workplaces. 

Smoking is prohibited in the types of buildings, areas, and places listed in the Schedules to the Control Of Smoking Products For Public Health (Declaration Of Non-Smoking Area Or Place) Order 2024. Although the lists are comprehensive, some types of public places are specifically excluded or not included in the lists, including: non-air conditioned shops, casinos, guest rooms of hotels, and designated smoking areas in airports.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking in all parts of all indoor public places. 

The regulations prohibit smoking in any “public vehicle,” which is defined as “any vehicle which is carrying fare-paying passengers, that is being used on land, water or air.”

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to public transportation.

The law prohibits smoking in any area of government premises, as well as buildings of parliament of Malaysia. “Government premises” is defined as any premises owned or occupied by the Federal Government or the State Government. 

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to government facilities.

The law prohibits smoking in a building of place of work. Therefore, private offices are smoke free.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to private offices.

The law prohibits smoking in hospitals and clinics.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to hospitals.

The law prohibits smoking in the “area of hospitals and clinics.” The definition of “hospital” includes any building “used for lodging, treatment and care of persons who require any form of healthcare services”. The definition of “healthcare services” is broad, including any disease, injury or disability of mind or body. Therefore, the ban includes all areas of residential health care facilities.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to public areas of residential healthcare facilities.

The law prohibits smoking in hospitals and clinics. “Clinic” is broadly defined as “any building used by the Government, medical practitioner registered under the Medical Act 1971 [Act 50], dental practitioner registered under the Dental Act 1971 [Act 51], or any other person for the diagnosis or treatment of persons suffering from or believed to be suffering from any disease, injury or infirmity of body or mind.” Therefore, the law is interpreted as prohibiting smoking in all non-residential healthcare facilities.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to non-residential healthcare facilities.

The law prohibits smoking in any educational institution and any nursery. An “educational institution” is defined as including “kindergarten.” Therefore, the law is interpreted as prohibiting smoking in all childcare facilities (nurseries) and preschools (kindergartens). 

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to childcare facilities and preschools.

The law prohibits smoking in any educational institution. An “educational institution” is defined as “a school or any other place whether private or public where, in the carrying on of the work of an organization or institution, persons are habitually taught in one or more classes, including a kindergarten.” Therefore, smoking is prohibited in primary and secondary schools.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to primary and secondary schools.

The law prohibits smoking in any higher education institution, which has the meaning assigned to it in the Education Act 1996. This Act in turn defines “higher education institution” as “an educational institution providing higher education leading to the award of a diploma, degree or the equivalent thereof.” This is interpreted to include universities and vocational facilities.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to universities and vocational facilities.

The law prohibits smoking in any shopping complex and in any air-conditioned shop. However, the law does not prohibit smoking in a non-air-conditioned shop. Therefore, the regulatory status code “Smoking is Restricted” is assigned.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking in all shops and stores, including in non-air-conditioned shops.

The law prohibits smoking in any entertainment center (except casino) or theatre, government premises, and libraries. In addition, Schedule 2 of the Control Of Smoking Products For Public Health (Declaration Of Non-Smoking Area Or Place) Order 2024 lists specific World Heritage and other cultural sites in seven States and Federal Territories where smoking is prohibited. Taken together, the provisions are interpreted as prohibiting smoking in all cultural facilities.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to cultural facilities.

Smoking is prohibited in buildings of stadiums and in “any area which is used for any assembly activity either in any public place or in any building other than private or residential building.” Therefore, smoking is prohibited in all stadiums and arenas. 

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to indoor stadiums and arenas.

The law prohibits smoking in any “eating place,” which is defined as “any premises whether inside or outside building, where food is prepared, served or sold”.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to restaurants.

The law prohibits smoking in any entertainment center except casinos. An “entertainment center” is defined as “any premises or place where public entertainment takes place and public are permitted to enter with or without payment.” This is interpreted to include all bars, pubs and night clubs. In addition, if a bar, pub or nightclub serves food, smoking is banned under the prohibition on smoking in an “eating place.”

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to bars, pubs and nightclubs.

The law prohibits smoking in any entertainment center except casinos. Therefore, smoking is allowed in casinos.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking in casinos.

The law prohibits smoking in “any area which is used for any assembly activity either in any public place or in any building other than private or residential building.” This is interpreted as covering public areas of hotels and lodging.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to public areas of hotels.

The law does not prohibit or restrict smoking in guest rooms of hotels or other lodgings.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking in guest rooms of hotels and other lodgings, as these are workplaces for some people.

The law prohibits smoking in any area of government premises. Because prisons and detention facilities are “government premises,” smoking is prohibited in public areas of prisons and detention facilities.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to public areas of prisons and detention facilities.

The law prohibits smoking in any “public vehicle,” which is defined as “any vehicle which is carrying fare-paying passengers, that is being used on land, water or air.” In addition, the law prohibit smoking in any “eating place” which includes “any room or area on a ship or train where food is prepared, served, or sold” and “any area on a vehicle where food is prepared, served or sold.” Therefore, smoking is prohibited on trains, buses, and other shared ground transportation.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to trains, buses, and other shared ground transport.

The law prohibits smoking in any “public vehicle,” which is defined as “any vehicle which is carrying fare-paying passengers, that is being used on land, water or air.” Therefore, smoking is prohibited in taxis.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to taxis.

The law prohibits smoking in any “public vehicle,” which is defined as “any vehicle which is carrying fare-paying passengers, that is being used on land, water or air.” Therefore, smoking is prohibited in commercial aircraft.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to commercial aircraft.

The law prohibits smoking in any “public vehicle,” which is defined as “any vehicle which is carrying fare-paying passengers, that is being used on land, water or air.” In addition, the law prohibit smoking in any “eating place” which includes “any room or area on a ship or train where food is prepared, served, or sold”. Therefore, smoking is prohibited in commercial watercraft.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to commercial watercraft.

The law prohibits smoking in “any building of a public transport terminal,” which includes “any place for purchasing tickets or for getting on and off any public transport.”  However, there is an exemption for designated smoking areas in airports. Therefore, the regulatory status “Smoking is Restricted” is given.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking in all parts of all public transport facilities.

The regulations prohibit smoking in public lifts and toilets.

This aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines, which state that Parties should provide for protection from exposure to tobacco smoke in indoor public places.

The regulations prohibit smoking in school buses.

This aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines, which state that Parties should provide for protection from exposure to tobacco smoke in indoor public places and public transport.

The regulations prohibit smoking in any building or public place which is used for religious purposes.

This aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines, which state that Parties should provide for protection from exposure to tobacco smoke in indoor public places.

The regulations prohibit smoking in internet cafes.

This aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines, which state that Parties should provide for protection from exposure to tobacco smoke in indoor public places.

The regulations prohibit smoking in places of national service training.

This aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines, which state that Parties should provide for protection from exposure to tobacco smoke in indoor public places.

The regulations prohibit smoking in any “rest and recreation area except an open public car park.” A “rest and recreation area” is defined as “the place of rest and facilities provided by the Malaysian Highway Authority (MHA), the Department of Public Works, the Local Authority or other agencies named as ‘rest and recreation area’, ‘R&R’, or ‘lay-by’.” These are highway rest areas. Because all the indoor facilities at rest and recreation areas are smoke-free, the regulatory status “Smoke Free” is given.

This aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines, which state that Parties should provide for protection from exposure to tobacco smoke in indoor public places.

The second schedule of the Control of Smoking Products For Public Health (Declaration of Non-Smoking Area or Place) Order 2024 contains a list of buildings, premises, public places or land where smoking is prohibited in 7 States or Federal Territories. 

The regulations prohibit smoking in launderettes.

This aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines, which state that Parties should provide for protection from exposure to tobacco smoke in indoor public places.

The regulations prohibit smoking in fitness centers or gymnasium, and in sports complex.

This aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines, which state that Parties should provide for protection from exposure to tobacco smoke in indoor public places.

The regulations prohibit smoking at public service counters, which is defined as “a part or an area of a place or building where the business of providing counter service to the public is conducted.”

This aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines, which state that Parties should provide for protection from exposure to tobacco smoke in indoor public places.