NEW sets of regulations and laws are set to be introduced by the Pakatan Harapan (PH) government in 2019.

Some of these regulations – such as the smoking ban and levy on those travelling abroad – have been greeted by opposition from the public but will nevertheless be implemented by the government.

The Malaysian Insight takes a look at the new laws that will affect the lives of Malaysians next year.

1. Smoking ban in all eateries and restaurants

The first regulation that caught the attention of the public is the Health Ministry’s smoking ban at eateries starting January 1. When the ban was announced, restaurant operators complained that it would affect their business. Despite the public outcry, Health Minister Dr Dzulkefly Ahmad remained firm on the ban and said he would not compromise the people’s health.

Associations such as Malaysia-Singapore Coffee Shop Proprietors’ General Association (MSCPGA), Malaysian Muslim Restaurant Owners’ Association (Presma) and the Malaysian Indian Restaurant Owners’ Association (Primas) have said the ban would discourage smoking customers from dining at their restaurants which would affect the business.

Patrons caught smoking at eateries can be fined a maximum RM10,000 or jailed up to two years, while restaurant operators who do not put up no-smoking signs can be fined not more than RM3,000 or jailed up to six months.

Deputy Health Minister Dr Lee Boon Chye, however, recently said that patrons may now smoke at restaurants provided that they are 3m away from the premises.

2. Minimum wage of RM1,100

Starting January 1, the minimum wage will be increased to RM1,100 nationwide. The current minimum wage in Peninsular Malaysia is RM1,000 and RM920 in Sabah and Sarawak.

PH had previously stated in its manifesto to increase the minimum wage to RM1,500 monthly. It is among its five-year plan.

Before the minimum wage was set at RM1,100 in Budget 2019, Putrajaya had confirmed in September to a standardised minimum wage of RM1,050 throughout the country.

Workers then staged a peaceful protest against it in front of Parliament in October and called for the government to review it.

3. Tax on imported services

The government will also impose service tax, including on online services as of January 1. This to ensure that local services in fields such as architecture, graphic design, information technology and graphic design get a fair competition.

As for imported online services, the government will impose and remit service tax on services such as software, music video or digital advertising. The imported service providers are also required to register with the Royal Malaysian Customs.

Finance Ministry’s budget director Johan Mahmood Merican said the implementation of taxes on imported online services will be done in stages.

4. Excise duty on sugary drinks

To encourage a more healthy lifestyle, the government will introduce an excise duty of 40 sen per litre on two categories of packaged sweet drinks as of April 1.

The first category include drinks that contain 5g of additional sugar or sweetener per 100ml.

The second category includes fruits or vegetable juice with over 12g of sugar for every 100ml.

5. Departure levy

A departure levy is due to come into force on June 1. It stands at a rate of RM20 for passengers departing to Asean countries and RM40 for other countries.

Putrajaya has said the suggested rate is consistent and does not exceed the rate charged by other countries such as US$20 (RM83) for Thailand, US for Hong Kong and US for Japan. It also said it is aimed to encourage domestic tourism.

However, Institute for Democracy and Economic Affairs (Ideas) panned the idea as it said the levy could decrease the number of tourists by 500,000 and loss of RM1.8 billion in tourism receipts.

Transport Minister Anthony Loke had earlier said the government is studying the best mechanism before the levy is implemented.

6. Increase in real property gains tax

The real property gains tax (RPGT) will also be increased to 5% from the current 0% for Malaysians, and from 5% to 10% for non-Malaysians.

Finance Minister Lim Guan Eng said the tax will be applied to an individual’s first registered property.

RPGT is a tiered tax that ranges from 30% for properties sold within the first year of purchase to 0% after five years.

However, property analysts said the tax may decrease property supply in the coming year as property sellers would want to avoid getting charged with RPGT.

7. PSV license for e-hailing drivers

E-hailing drivers are required to get a Public Service Vehicle (PSV) license by July next year.

The process to obtain the license includes a six-hour training module which focuses on technology and entrepreneurship, quality service as well as regulations to improve driver’s capability.

Transport Minister Loke said drivers who refuse to get their licence will have to face the authorities.

Following the announcement, some drivers have objected to the new regulation and even said they will quit by June 2019.

8. Black school shoes

As of next year, Putrajaya will implement the changes on the school uniform of primary and secondary school students to incorporate black school shoes and socks.

The changes will be made in stages and will be fully enforced in 2021. The students are still allowed to wear white school shoes and socks during the transition period.

Education Minister Maszlee Malik had first announced the proposed plan in July this year. He also said there will be a one year grace period to allow students and their parents to adapt to the changes.

The announcement, however, received backlash from various parties who said it was a hasty decision.

Introduction of new policies and tabling of bills in Parliament

Besides regulations that will take place starting next year, Putrajaya also have plans to improve current laws as well as introducing new ones.

1. National cyber security policy

Putrajaya will introduce its national cyber security policy next year in a bid to curb cyber attacks.

Communications and Multimedia Minister Gobind Singh Deo said the policy is aimed to stop cyber attacks from and within the country as well as protecting user’s personal information.

He said the policy is currently being drafted and is expected to be announced by March next year.

2. Impact study on sexual harassment to conclude

The impact study on sexual harassment is targeted to conclude by January 31 next year. Deputy Women, Family and Community Development Minister Hannah Yeoh said the impact study might take three months to complete and it takes into account feedback from stakeholders including university students and working women.

Yeoh said Putrajaya will then draft the sexual harassment bill following the conclusion of the study.

3. Death penalty abolishment bill

The bill on death penalty abolishment is expected to be tabled in the next Parliament sitting, which will convene on March 11 until April 11.

Minister in the Prime Minister’s Department Liew Vui Keong said the Attorney-General’s Chamber is in its final stage of preparing the legal papers for the matter.

Liew had earlier said the decision to abolish death penalty was made collectively by the cabinet. He said the cabinet had decided to abolish death penalty for 33 offences under eight Acts, including Section 302 of the Penal Code.

4. Commission of Parliamentary Services Bill 2019 to be tabled

The post of minister in charge of Parliament will no longer be needed when parliamentary reform takes place. This is among the changes proposed in the Commission of Parliamentary Services Bill 2019 which is expected to be tabled in Dewan Rakyat next year.

Deputy Speaker Nga Kor Ming said the new Act was aimed at restoring the Parliament’s autonomy. He also said under the proposed law, Parliament is expected to have its own budget.

5. New rules on constructing places of worship

Prime Minister Dr Mahathir Mohamad announced in November that places of worship would need to obtain an approval from local authorities before being constructed.

This announcement was made following the riots that broke out over the relocation of Seafield Sri Maha Mariamman temple in Seafield last month.

Housing and Local Government Minister Zuraida Kamaruddin then said the ministry will review laws regarding the construction to outline a standard policy.

Zuraida, however, said the proposal can only be decided at the next Parliament sitting March if the law requires amendments.

6. Raising minimum marriage age to 18

The Women, Family and Community Development Ministry is working with Minister in the Prime Minister Department in charge of religious affairs Mujahid Yusof Rawa to raise the minimum marriage age to 18 years old.

Dr Wan Azizah Wan Ismail said the government had proposed to table the bill on the Islamic Family Law (Federal Territories) Act (Act 303) and Act 164 latest by the second term of Dewan Rakyat next year. The bill includes increasing the minimum marriage age.

In September, Sultan Sharafuddin Idris Shah of Selangor had supported the proposal by Selangor government to raise the marriage age for women from 16 to 18 years old.

This is due to the criticisms from the public on the child marriage cases that were reported in the country. – December 30, 2018.