According to Malaysia's leading tobacco industry organization, the proposed Tobacco Product Control Act in Malaysia violates basic human rights. The bill was introduced for first reading on July 27th and would prohibit individuals born in or after 2007 from smoking, purchasing, or possessing tobacco and related products. Offenders could face harsh penalties, including imprisonment.
The Malaysian Tobacco Manufacturers' Association (CMTM) has stated that Malaysian adults are protected under Article 6 of the 1999 Consumer Protection Act, which allows them to make their own choices without prejudice or influence.
The organization stated in a declaration on July 31, which was quoted in the Malay Mail, "Furthermore, these laws give authorities too much power as they allow them to check your personal details, raid your home, examine your phone or luggage, and access your personal information.
Then, you must provide them with your password, face arrest, undergo a physical examination, and allow them to search your house without permission.
In the end, we did not create a smoke-free generation, but instead created a generation of criminals punished for purchasing products that others can purchase.
The CMTM also believes that the ban will encourage illegal tobacco trade, which currently holds 60% of the market, estimated to be worth RM5 billion ($1.12 billion USD). The organization stated that individuals will have to conceal their habit and be labeled as criminals.
Meanwhile, according to the Xin Hai Xia Daily, the parliamentary Health, Science, and Innovation Committee has urged the government to ease punishment measures for teenagers caught smoking.
The committee believes that laws should not rely on the threat of imprisonment, but instead should punish juvenile offenders in a practical and proactive manner, such as through community service or mandatory counseling sessions.
Committee chairman Kelvin Yii stated, "We are also concerned about the enforcement powers of the bill itself, especially when it comes to youth and even children.
Strict control of inspections, possible physical examinations, and punishment of children must be put in place to prevent abuse. This is why enforcement guidelines must be very clear and specific to ensure that vulnerable groups, especially the poor, do not become victims of the law.
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