Malaysia

Smoking is prohibited in specified public places and workplaces listed in the regulations including, among others, in workplaces with a centralized air-conditioning system; health, education, government, and cultural facilities; and indoor stadiums. Regulation 11(1)(a) specifically excludes pubs, discotheques, nightclubs, and casinos from the smoking ban. In banks, financial institutions, National Telecom company, National Energy company, and post offices, smoking is prohibited only on floors with a service counter; implying that smoking is permitted on floors that contain offices but no service counters (provided those floors do not have centralized air-conditioning). Because smoking is permitted in many types of indoor workplaces, the regulatory status code “Smoking is Restricted” is assigned.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should require all parts of all indoor workplaces to be 100% smoke free.

The regulations prohibit smoking in many public places, most of which are public places. However, Regulation 11(1)(a) specifically excludes pubs, discotheques, nightclubs, and casinos from the smoking ban. In banks, financial institutions, National Telecom company, National Energy company, and post offices, smoking is prohibited only on floors with a service counter; implying that smoking is permitted on floors that contain offices but no service counters. Because smoking is permitted in many types of indoor public places, the regulatory status code “Smoking is Restricted” is assigned.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should require all parts of all indoor public places to be 100% smoke free.

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 regulations prohibit smoking in any area of a government premise, including the area inside the building and the surrounding area up to the borders of the fence or lot. “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 regulations prohibit smoking in indoor workplaces that have central air conditioning. Therefore, smoking is prohibited in some, but not all, private offices.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking in all indoor private offices.

The regulations prohibit smoking in hospitals and clinics, including the area inside the building and the surrounding area up to the borders of the fence or lot.

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

The regulations prohibit smoking in hospitals and clinics, including the area inside the building and the surrounding area up to the borders of the fence or lot. “Hospital” is defined as any building “used for lodging, treatment, and care of persons who require any form of health care services.” “Health care services,” in turn, is broadly defined as including, among other things, “(a) medical, dental, nursing, midwifery, allied health, pharmacy, and ambulance services and any other services provided by a health care professional; (b) accommodation for the purposes of any service provided by any hospital; . . . (g) and any health-related services.” This broad definition encompasses residential healthcare facilities, and therefore smoking is prohibited in public areas of residential healthcare facilities.

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

The regulations prohibit smoking in hospitals and clinics, including the area inside the building and the surrounding area up to the borders of the fence or lot. “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 regulations prohibit smoking in “any area of an educational institution” and “any area in a nursery,” including the area inside the building and the surrounding area up to the borders of the fence or lot. 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 regulations prohibit smoking in “any area of an educational institution or higher educational institution,” including the area inside the building and the surrounding area up to the borders of the fence or lot. 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 regulations prohibit smoking in “any area of an educational institution or higher educational institution,” including the area inside the building and the surrounding area up to the borders of the fence or lot. A “higher educational institution” is defined as “an educational institution whether private or public which provides higher education leading to the award of a diploma, degree or the equivalent award, and a distance education center.” Therefore, smoking is prohibited in 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 regulations prohibit smoking in “any area of a shopping complex” and in any air-conditioned shop. However, the regulations do 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 regulations prohibit smoking in any entertainment center, theater, library, and in “any area of a government premises.” With respect to libraries and government premises, this includes the area inside the building and the surrounding area up to the borders of the fence or lot. These categories cover virtually all cultural facilities. Therefore, the regulatory status code “100% Smoke Free” is assigned.

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

The regulations prohibit smoking in “any area of a stadium, sports complex, fitness center or gymnasium,” which includes the area inside the building and the surrounding area up to the borders of the fence or lot. Therefore, smoking is prohibited in all indoor stadiums and arenas.

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

The regulations prohibit smoking within a three-meter radius from any table or chair at an eating place. An “eating place” is “any premise whether inside or outside a 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 regulations exempt “any pub, discotheque, nightclub or casino” from the smoking ban. Therefore, smoking is allowed without restriction in these places.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking in all parts of all bars, pubs and nightclubs.

The regulations exempt “any pub, discotheque, nightclub or casino” from the smoking ban. Therefore, smoking is allowed without restriction in casinos.

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

The regulations do not specifically address public areas of hotels. Instead, smoking is restricted based on the function of the public area of a hotel. The Control of Tobacco Product (Amendment) Regulations 2018 prohibit smoking at an “eating place” and within a three-meter radius from any table or chair of an eating place. An “eating place” is “any premise whether inside or outside a building, where food is prepared, served, or sold.” Smoking is permitted (unrestricted) in pubs, discotheques, nightclubs and casinos, including those located in hotels.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking in all indoor workplaces and public places, including 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 regulations prohibit smoking in “any area of a government premises,” including the area inside the building and the surrounding area up to the borders of the fence or lot. 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 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.” In addition, the regulations were amended in 2018 to specifically prohibit smoking in any “eating place” which means “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, and any surrounding area within a radius of three meters from the vehicle.” Therefore, smoking is prohibited on trains, buses, and other shared ground transportation other than taxis.

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

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.” Therefore, smoking is prohibited in taxis.

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

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.” 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 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.” 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.

Regulation 11 prohibits smoking in a “public transport terminal.” However, there is an exemption. Although the regulations also prohibit smoking in airports, Regulation 11(2) of the 2004 Regulations authorizes the Minister to approve any area, either permanently or for such period as he may determine, as a smoking area. Under this provision, the Minister has permitted 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 public transport facilities, including airports.

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 on “any floor with a service counter” in banks, financial institutions, National Telekom offices, National Energy office, post offices. This provision implies that smoking is allowed on other floors of these buildings.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should require all parts of all indoor public places and workplaces to be 100% smoke free.

The regulations prohibit smoking in any area of a building or public place used for religious purposes, which includes the area inside the building and the surrounding area up to the borders of the fence or lot.

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 area of an internet café, including the area inside the building and the surrounding area up to the borders of the fence or lot.

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 area of a place of national service training, including the area inside the building and the surrounding area up to the borders of the fence or lot.

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 the buildings of rest and recreation facilities, including the area inside the building and the area three meters from the boundary of the place.

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.

In a series of declarations, the Minister of Public Health has declared specific places as non-smoking areas/places, pursuant to the authority granted to the Minister under Regulation 22 of the principal regulations.