KUCHING, Jan 23 — Sarawak DAP wants the Gabungan Parti Sarawak (GPS) government to stop misleading the public that the smoking ban imposed by the Ministry of Health in eateries is not applicable in Sarawak because it does not endorse the ban.

Its chairman, Chong Chieng Jen, said State Local Government and Housing Minister Datuk Dr Sim Kui Hian had been arguing that Sarawak has the autonomy over the operation of coffee shops and thus, federal regulations and laws could not be applicable to coffee shops in Sarawak unless with the consent of the state government.

“Such argument holds no water and is without any legal basis,” said Chong, who is also Deputy Domestic Trade and Consumer Affairs Minister, in a statement here today.

Undoubtedly, he said the state government had autonomy over the operation of all coffee shops and eateries in Sarawak, but that autonomy did not nullify the operation and applicability of federal laws in these eateries.

Advertisement

He said the power of the state government was to issue licences and to provide certain conditions in the licences of the eateries and non-compliance of the conditions stated in the licences might result in the revocation of the licence.

“However, such power does not give anyone the rights to do an act which is prohibited by other laws but not stated in the licences,” he said.

He said the prohibition against smoking at eateries was provided in the Control of Tobacco Product (Amendment) Regulations 2018 under the Food Act 1983, which is applicable to all states.

Advertisement

If the state government truly believed that the smoking ban should not be applicable in Sarawak, Chong said the correct and lawful channel was to get the Minister of Health to notify by gazette that Sarawak be excluded from the said Regulation.

“And until such exclusion were gazetted, the law still stands that smoking is prohibited at all eateries,” he added. — Bernama