Kuching man who smoked at eatery gets RM2,500 fine

KUCHING (Jan 9): The Magistrates’ Court here has fined a 45-year-old RM2,500 in default five months in prison for smoking at an eatery in June 2024.

The man, who initially pleaded not guilty, changed his plea when charged before Magistrate Nursyaheeqa Nazwa Radzali under Regulation 11(a)(d) of the Control of Tobacco Product Regulations 2004, read together with Regulation 11(3).

Regulation 11(a)(d) provides for a fine of up to RM10,000 upon conviction.

He was caught smoking at an eatery in June 2024 before the regulations were replaced by the Control of Smoking Products for Public Health Act 2024 (Act 852) on Oct 1, 2024.

Meanwhile, a 22-year-old man was fined RM800, in default one month imprisonment, in the same courtroom after he pleaded guilty under Section 16(2) of Act 852 for smoking at the Kuching International Airport in June last year.

In separate proceedings before Magistrate Mason Jaro Lenya Barayan, a 62-year-old woman was fined RM500, in default five days’ imprisonment after pleading guilty under Section 18(1)(a) of Act 852 read together with Section 18(2) of the same Act, for failing to display the latest ‘No Smoking’ sign at her food premises last June.

Both Sections 16(2) and 18(1)(a) provide for a fine of up to RM5,000 upon conviction.

The case facts revealed that all three accused, after being caught committing the offences, were each given a notice and two months to go to any health office to be offered a compound.

However, as they failed to show up, cases were filed in court for further action.

Kuching Division Health Office Inspectorate and Legal Unit prosecuting officer Mohd Fairos Ibrahim appeared for the prosecution in all cases.

Mohd Fairos sought deterrent sentences to be imposed on all accused, serving as a lesson to the public to adhere to laws established for the health and safety of the community.

None of the three accused had legal representation.