KUALA LUMPUR, April 27 — The Malaysian Council for Tobacco Control (MCTC) has refuted claims that the highly anticipated tobacco control Bill will deprive personal liberty and...
Thursday, 27 Apr 2023 12:09 PM MYT
“Nicotine addiction is not distinguishable from addiction to other drugs. If the country can ban or regulate other drugs, it can also regulate nicotine. It must also be emphasised that nicotine is more addictive than opium; if we can stage a war on opium, why not on nicotine? Citing a precedent, it said that the State has the authority to distinguish and classify persons as the law should read as “like should be treated alike” instead of “all persons must be treated alike”.
On equality before the law, the council said that the Bill would not unconstitutionally discriminate against those born after 2007 as Article 8 of the Constitution is not unconditional. “Age is a permissible factor for classifying persons into different categories. We have laws on age of majority, eligibility to vote, right to contest an election, age of marriage, age for consent to have sex, age below which there is no criminal liability, and special court procedures for juveniles.
“The classification has a reasonable nexus with the noble objects of the law. All in all, the law seeks to ultimately eliminate the scourge of smoking. But it seeks to do it in a spirit of gradualism,” it said.
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