Malaysia

The regulations impose a duty upon the proprietor or occupier of a premise, or the proprietor of a public transport vehicle, to post a no-smoking sign. Persons who violate this provision are subject to a fine of up to three thousand (3,000) ringgit or imprisonment for a term not exceeding six months.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to the duty to post no-smoking signs.

The law does not impose a duty to remove ashtrays. However, the law does impose a duty to ensure that no person smokes in a place where smoking is prohibited.

To fully align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should impose a duty on business owners and employers to remove ashtrays.

The regulations impose a duty upon the proprietor or occupier of a premise, or the proprietor of a public transport vehicle or place, to ensure that no person smokes in a no-smoking area. Persons who violate this provision are subject to a fine of up to five thousand (5,000) ringgit or imprisonment for a term not exceeding one year.

The law imposes a higher fine on persons who smoke in no-smoking areas than on business owners/operators who do not take steps to stop a person from smoking. The FCTC Art. 8 Guidelines state that “penalties should be sufficiently large to deter violations or else they may be ignored by violators or treated as mere costs of doing business. Larger penalties are required to deter business violators than to deter violations by individual smokers, who usually have fewer resources.” Therefore, to align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the drafters should consider imposing higher fines on business owners who do not take steps to prevent smoking on premises than on smokers who smoke in no-smoking areas. In addition, the law should provide for increased penalties for repeat violations.

For persons who smoke where smoking is prohibited, the regulations impose a fine not exceeding ten thousand (10,000) ringgit or imprisonment for a term not exceeding two years.

The law imposes a higher fine on persons who smoke in no-smoking areas than on business owners/operators who do not take steps to stop a person from smoking. The FCTC Art. 8 Guidelines state that “penalties should be sufficiently large to deter violations or else they may be ignored by violators or treated as mere costs of doing business. Larger penalties are required to deter business violators than to deter violations by individual smokers, who usually have fewer resources.” Therefore, to align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the drafters should consider imposing higher fines on business owners who do not take steps to prevent smoking on premises than on smokers who smoke in no-smoking areas.