Kota Kinabalu: A 62-year-old pensioner was slapped with a fine of RM1,800 or two months’ jail on Tuesday for smoking in a restaurant, which is a no-smoking area, last year.
Mansor Abdullah pleaded guilty before Magistrate Stephanie Sherron Abbie to smoking at Restoran Rasika Maju in Plaza Tanjung Aru at 4.15pm on Jan 10, 2022.
Health Prosecuting Officer Hiruan Md Ideris told the court that on the said day Mansor was seen smoking at the said premises by the health enforcement on duty, who then approached him and informed him that the restaurant area is a no-smoking area.
The officers then took the cigarette from Mansor’s hand to be used as an exhibit, the court heard.
Mansor had violated an offence under Regulation 11(1) (d) of the Control of Tobacco Products Regulations 2004 and committed an offence under Regulation 11(3) of the same Regulations which provides a fine of up to RM10,000 or imprisonment of up to two years, on conviction.
Mansor, who was not represented requested leniency by saying that he was a pensioner and that it was his first offence and had health problems.
Hiruan pressed for a deterrent sentence as a lesson to Mansor, who ignored the no smoking sign displayed in the restaurant.
Mansor paid the fine.
Meanwhile, an entertainment outlet caretaker was fined RM2,500 or two months’ jail for operating the premises beyond the permitted time.
Ng Wei Tyng, 25, pleaded guilty before Magistrate Lovely Natasha Charles to committing the offence at the Playnation Plt, T1 Bundusan, Penampang at 2am on Nov 10, 2022.
The court heard that a police team on Ops Noda went to the premises and found it was still operating beyond the permitted time of 1am.
Ng had committed an offence under Section 4(1) of the Public Entertainment Ordinance 1958 which provides for a fine of up to RM5,000 or up to one year or both on conviction.
Inspector Kelvan Elson Maik prosecuted.
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