The smoking ban: One month on

IPOH, Feb 1 — Deputy Health Minister Dr Lee Boon Chye walked into a perfect storm when he announced the smoking ban in all restaurants, coffee shops and hawker centres starting January 1.

Since the announcement, the Gopeng MP has come under fire from the public on social media. There was even a video showing two men chastising him on the smoking ban, which was in place even before Pakatan Harapan (PH) — of which Dr Lee is a member — became the federal government last year.

“The ruling has been there for 14 years,” Dr Lee told Malay Mail in a recent interview, saying he was taken aback by the show of discontent against PH and against him personally, from the public, when the new government extended the smoking ban to cover all eateries.

He said critics have been nitpicking every little thing concerning the smoking ban extension, even the warning signs that are required to be erected in public places, and blaming it squarely on PH.

“First, we talk about the signboard. We have never designed a different sign since 2004. I am surprised why the people are confused over the signboard.

“But we have asked the ministry's enforcement officers to go slow on the specification. Eateries are allowed to have a variation in the signboard as long as the signboard is displayed.

“Whether the cigarette is facing left or right, as long as there is a signboard, it is fine," he said, noting that since January 1, no eatery has been summoned over signs that do not follow the specifications, although it was the ministry's hope that the businesses would comply with the standard.

Smoking in public was banned by the previous Barisan Nasional (BN) federal administration and covered shopping centres, offices, schools, universities, hospitals and a number of other facilities.

Dr Lee said enforcement had been “sporadic” then, but that PH is committed to safeguard public health.

He declined to elaborate on how PH would ensure enforcement would not be “sporadic” once the adjustment period ends in June, except to say: “What BN cannot do, PH can do”.

One month into the extended smoking ban and Dr Lee said public response has been encouraging. While non-smokers have openly expressed their support, the deputy health minister was heartened by the response from some smokers.

“Some smokers also support the move as this is the time to cut down on cigarettes and save money,” he said.

As for those who objected to the ban, Dr Lee said the Health Ministry continues to engage them.

“We are still educating smokers. Since last August, we have been talking about it.

“We have got to be rationale. There will always be people who intentionally or unintentionally violate the law,” he said.

Dr Lee said some smokers believe there should be clearer rules laid down and have demanded designated smoking areas in public that are equipped with ashtrays for the disposal of cigarette butts. But he questioned if the public really wanted the ministry to impose more regulations than necessary.

“They say in Singapore and Japan, there are designated smoking areas. At the moment, we set a buffer zone of 10 feet. If we were to assign an area, you can only smoke in that area. If you smoke elsewhere, enforcement will come in. Do you want that?” he asked.

He said that as long as smokers light up outside of the buffer zone, everywhere else can be a smoking area.

But Dr Lee reminded smokers not to litter the ground with their cigarette butts.

He said that smokers should be responsible enough to clean up their own waste, in response to calls for ashtrays to be provided for smokers.

“There are regulations. You cannot discard waste indiscriminately. We allow smokers to smoke but that does not give you the right to litter. Providing ashtrays is not our responsibility,” he said, adding that if local councils or if the businesses were to provide ashtrays, it is an added service.

Dr Lee also said that the 10-foot measurement was not arbitrary, in response to grouses aired by smokers.

“Studies have shown that passive smoke can travel up to 100 feet. In Malaysia, we only set 10 feet as we know that with the distance, the effect would be minimal,” he said.

Dr Lee explained that the starting point for the 10-foot measurement is actually set by the restaurant owners, based on their operation area as specified in their operation licence applications.

“The moment they say their operation area includes 10 tables outside restaurant, the boundary will include the 10 tables,” he said.

However, he explained that when enforcement officers check on the smoking areas, they would not use tape measures to measure the exact distance of 10 feet from the restaurants to where smokers puff away.

“The law is black-and-white, but implementation is common sense,” Dr Lee said.