“Why is MOH stopping me from smoking?” – M’sian Lawyer Sues Govt & MOH Over Office Smoking Ban

A Malaysian lawyer has filed a judicial review at the Kuala Lumpur High Court regarding the smoking ban in office areas, including private offices, made by the government through the Ministry of Health (MOH), which was implemented yesterday (January 1, 2025).

According to a report by Sinar Harian, the lawyer, Mohamed Haniff Khatri Abdulla’ named the Malaysian government and MOH as the first and second defendants in his suit.

He said that the application was made in his personal capacity and his purpose in doing so was that his office was a sole proprietorship.

“I have also given all parties, including my employees, the opportunity to either continue serving or if they do not agree, they can quit and I will give them some compensation. I have also informed my clients that they can come here and retrieve their case files if they do not like dealing with lawyers who smoke in the office,”

“Thirdly, I have also put up a notice outside the office since last October, informing those who do not like dealing with lawyers who smoke that they do not need to come here because this is a smoking area,” he said, referring to his office.

He requested to be exempted from the smoking ban

Mohamed Haniff Khatri went on to share that he had sent a letter to MOH on November 29, 2024, to request that his office be exempted from the smoking ban.

This is due to him being a heavy smoker and he hopes that others will not disturb him.

This image is for illustration purposes only.

“I also do not force my employees and clients to smoke cigarettes. In fact, the act of smoking is still legal and halal according to the existing civil laws in Malaysia. So, do not make the practice of smoking in the workplace and in my personal space illegal by law,” he added.

MOH has since responded to the letter, which rejected his request to be exempted from the smoking ban as there are no provisions that allow for the granting of exemptions.

“So, the issue now is that I have been allowed to smoke cigarettes since I started smoking in 1986. Hence, why is MOH now wanting to prevent me from smoking in private areas and I am not disturbing others.”

Previously, Mohamed Haniff Khatri also challenged the order and ban on smoking at eateries and restaurants, which was issued by KKM.

What do you think about this? Do feel free to share your thoughts in the comment section.

Also read: “I hope it won’t be too expensive” – Foreign Minister Apologises Over Smoking Incident & Will Pay Compound