Vape di dalam Parlimen, pandangan saya dari sudut hukum "Peraturan Dewan Rakyat" dan "Akta Makanan 1983"

Written by: Averroes

Yesterday, our Foreign Affairs Minister Hishamuddin Hussein was found inhaling vape surreptitiously in our Honourable Dewan Rakyat. His actions were recorded on video of a length of eight, (8) minutes that the Sembrong MP was said to have done that while the Transport Minister Wee Ka Siong was debating the King's address last Monday. In response, he said that, "I have always maintained that no one should be above the rules. The Health Ministry has compounded me, and I will pay the fine."

He had done so despite the Malaysian Parliament was declared to be tobacco-free-zone since October of 2018 by former Health Minister, Datuk Seri Dr Dzuklefly Ahmad. According to a tweet by DG Hisham, the Health Ministry were firm that expunging the smoking room in Parliament was tandem with article 8 of WHO FCTC that protects non-smokers from dangerous smoke and was also similarly found under the Food Act 1983, of the Control of Tobacco Products Regulations 2004 to impose a fine up to 10,000 Malaysian Ringgit and two years of imprisonment if someone were to be found smoking in restricted areas stated as under Rule 11. 

Rule 22 also enables the Minister to prohibit smoking in a building or place which by notification in the Gazette subject as he deems fit, for any part of the building, place or part of where the public has access or where smoking is prohibited. This is read with Rule 23(3) Where the person to whom the offer to compound was made accepts the offer by paying the amount specified, he shall be issued an official receipt. 

The Minister had apologized, we should not further lambaste him and focus on other issues which is more important, though his actions cannot be tolerated nor appeased. Since he was compounded, what are the relevant regulations or laws which made him liable?

To answer that question, we will have to dive into the Standing Orders of the Dewan Rakyat, and the law that enabled the Ministry of Health to compound him.  In Standing Orders of the Dewan akyat as pursuant to Rule 41 for MPs not wishing to speak, paragraph (d) states that a member cannot smoke in the Chamber. 

Though, the Standing Orders do not provide for the punishment if an MP were to commit that offence, the Speaker of Dewan Rakyat may decide to suspend him as he is vested with such power. The Compound can be issued by anyone as under the Food Act 1983 of the Control of Tobacco Products Regulations 2004. If we refer to Form 4, it states "A complaint has been made that you have committed the following offence under regulation........ of the Control of Tobacco Product Regulations 2004." Since the former Health Minister designated Parliament as a restricted area for smoking and vaping, then the Foreign Affairs Minister is liable to pay the compound issued by the Health Ministry. 

In conclusion, if we were to visit the Malaysian Parliament in Kuala Lumpur or we happen to be an MP ourselves, remember to watch over our etiquette and how we behave. This is a place of great honour and nobility were the laws and determination of our countries lie ahead. The MPs should exhibit good moral compass for the public and that regulations and laws are not supposed to be impinged.