Malaysia

The High Court granted the plaintiff’s application for judicial review of regulations prohibiting smoking in Malaysian eating places, including restaurants. The applicant argued that the smoking ban should be nullified because it violated the Federal Constitution by discriminating against smokers and infringing on smokers’ right to liberty by prohibiting their “right to smoke.” The court found that the “right to smoke” is not a fundamental right but a choice that an individual makes, and if a person chooses to smoke, they must comply with the laws set by the government. Also, the court stated that there was no discrimination because all Malaysians are free to frequent all eating places so long as they comply with the rules. Therefore, the court found that the applicant’s constitutional rights were not violated and that the ban on smoking in eating places was neither unfair nor unreasonable. The Ministry of Health acted within its jurisdiction by banning smoking in eating places as a means of protecting Malaysians from the harms of second-hand smoke.