SARAWAK is looking at amending enactments to ensure that fines collected from those who flout the smoking ban in the state do not go into Putrajaya’s coffers.

State Housing and Local Government Minister Dr Sim Kui Hian said there is a need to review the Local Authorities Ordinance 1996, which does not contain specific anti-smoking provisions.

Last year, Sim caused controversy after it was reported that he said the federal-level smoking ban, which came into effect last month, did not apply to Sarawak.

At his Chinese New Year open house in Kuching today, Sim said under the federal Control of Tobacco Product (Amendment) Regulations 2017, the power to penalise and fine those who breach the smoking ban in Sarawak lies with Putrajaya.

He said the state’s refusal to follow Putrajaya’s ban on lighting up at eateries is over the issue of autonomy, and not because it condones smoking.

Eateries in Sarawak are regulated under the Local Authorities Ordinance, which was last amended on March 31, 2009.

On January 24, the Sarawak cabinet agreed to implement a smoking ban at eateries effective March 1.

Sim said he will discuss with Putrajaya on the need to have uniform anti-smoking laws at the federal and state levels.

He said there are differences between the federal anti-smoking law and local ordinance, causing confusion among the public.

“We cannot have two laws ‘fighting’ each other. One law says a RM10,000 fine, and the other says RM15,000. So, which one is to be used?

“That’s why we have to discuss with the federal government, so that we can have the same anti-smoking law (at the federal and state levels).” – February 6, 2019.