In an unusual legal move, prominent lawyer Mohamed Haniff Khatri Abdulla has filed a lawsuit challenging the Malaysian government’s recent smoking ban in workplace buildings. Haniff, a self-proclaimed “hardcore smoker,” has been a heavy smoker since 1986, consuming three packs of cigarettes daily. Now, he is fighting for the right to continue smoking within his law firm’s premises.
The new regulation, implemented by the health minister on October 1, 2024, prohibits smoking in all workplace buildings nationwide. However, Haniff argues that his law firm should be exempt from the restriction. He asserts that as the proprietor of the firm, he should be allowed to designate it as a smoking-friendly space, provided he ensures that non-smokers are not affected.
Haniff, who has represented notable figures such as former prime minister Tun Dr. Mahathir Mohamad, disclosed that he had informed his employees and clients about his firm’s smoking-friendly policy. Notices have been displayed at the office entrance, and clients have been notified through email. He emphasized that alternative arrangements have been offered to employees or clients who prefer to avoid a smoking environment. These measures include allowing transfers or compensation for any inconvenience caused.
In his legal filing, Haniff highlighted that smoking has been a legally permitted activity in Malaysia for decades and is not categorized as a criminal offense, except in specific areas where it is explicitly prohibited. He maintained that the right to smoke is protected under the Federal Constitution and argued that the government’s blanket ban on workplace smoking unfairly discriminates against smokers like him.
“The new smoking ban effectively turns workplaces into exclusive areas for non-smokers, sidelining smokers and denying them the ability to enjoy their personal workspaces,” Haniff claimed. He also called for a more flexible approach, suggesting that workplaces should have the option to apply for exemptions to the ban, subject to government monitoring and compliance checks.
The lawyer’s case seeks to overturn the smoking ban, specifically requesting that his law firm be excluded from the restriction. He is also asking the court to declare the smoking prohibition unconstitutional, as he believes it imposes undue discrimination on smokers and infringes on their rights. Haniff further argued that the ban undermines the principle of workplace autonomy and fails to accommodate individual preferences.
While awaiting the court’s decision, Haniff has requested a temporary suspension of the smoking ban at his law firm. He contends that his firm’s policy strikes a fair balance between the rights of smokers and non-smokers and does not pose any public health risks if managed appropriately.
The case has sparked a heated debate about the balance between public health regulations and individual rights. It also raises questions about the extent to which workplace policies can be tailored to accommodate personal freedoms while adhering to national laws. As the legal proceedings unfold, Haniff’s challenge could potentially set a precedent for workplace autonomy in Malaysia.
Information source: Malay Mail
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