Lawyer seeks judicial review over smoking ban in offices

Lawyer seeks judicial review over smoking ban in offices

Haniff Khatri Abdulla says the ban is unconstitutional and wants his Kota Damansara law firm to be exempted from the ban.

Mohamed Haniff
Lawyer Haniff Khatri Abdulla named the government and health minister as the first and second defendants.
PETALING JAYA:
Lawyer Haniff Khatri Abdulla has sought leave in the Kuala Lumpur High Court for a judicial review of the health ministry’s ban on smoking in offices, which came into effect today.

Haniff, who filed the application last night, named the government and health minister as the first and second defendants, Sinar Harian reported.

He said that the ban under the Control of Smoking Products for Public Health Act 2024 (Act 852) was unconstitutional and wants the court to quash the order.

Haniff also wants the court to compel Putrajaya to exempt his Kota Damansara law firm from the ban.

He was quoted as saying that he was a heavy smoker, and that his office had long notified employees and clients of his habits.

“I have placed a notice outside my office since October notifying that anyone who does not like dealing with a lawyer who smokes should not come here as this is a smoking area.

“Smoking is legal according to existing civil laws in Malaysia. So my practice of smoking at my workplace and personal space should not be made illegal according to the law,” he said.

Haniff previously appeared for seven Malaysians who sought to challenge the health ministry’s decision to ban smoking in all eateries.

Their five-year legal battle came to an end in June 2023 after the Federal Court refused them leave to appeal against a Court of Appeal ruling delivered the previous year.

In November 2022, a three-member Court of Appeal bench upheld the government’s decision to ban smoking at all eateries, ruling that smoking in public places was not a fundamental right that should be protected under the Federal Constitution.

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