KUALA LUMPUR, May 16 — Former Health Minister Dr Zaliha Mustafa today defended the government’s controversial 2023 move to exempt nicotine liquids and gels from the Poisons Act 1952, describing it as a necessary decision made at a time when vape products were already widely accessible, especially among young people.

Her remarks came following the High Court’s decision yesterday to allow a judicial review application filed by three health-related non-governmental organisations (NGOs) challenging the exemption.

Dr Zaliha said the Ministry of Health (MOH) would appeal the ruling at the Court of Appeal, stressing that the legal process was important to clarify the scope of ministers’ executive powers in making policy decisions involving national strategic interests.

“As the appeal process is still ongoing, it is too early to draw conclusions,” she said in a statement today.

The Sekijang Member of Parliament said the government’s decision in 2023 should be viewed within the context of the growing vape industry at the time, where nicotine vape products were already being sold openly despite existing legal restrictions.

According to her, enforcement under the Poisons Act 1952 had become increasingly ineffective in curbing the widespread sale of vape products, many of which were circulating through the black market without regulation or monitoring.

“The decision taken in 2023 was a bold step that ultimately succeeded in protecting public safety under Act 852, which is currently in force,” she said.

Dr Zaliha explained that the exemption was intended to bring the multi-billion-ringgit vape industry into a regulated framework so authorities could monitor, tax and control the products more effectively instead of allowing the trade to continue unchecked underground.

She said the matter had been extensively discussed at the Cabinet level before she tabled the Control of Smoking Products for Public Health Bill in Parliament in June 2023 to address the legal loophole.

The law has since come into force as the Control of Smoking Products for Public Health Act 2024 (Act 852), which regulates tobacco products, vape devices and nicotine liquids, while also prohibiting sales to minors.

“With Act 852 now fully operational, the loophole has been closed, and Malaysia has a more comprehensive regulatory ecosystem to protect public health and the young generation,” she said.

At the same time, Dr Zaliha acknowledged concerns raised by health advocacy groups and said she respected the court’s decision as part of the country’s democratic process.

“This process of checks and balances reflects a healthy democratic system. In fact, the government and NGOs share the same ultimate goal, which is to protect the health of Malaysians,” she said.

She added that government lawyers had argued in court that the judicial review had largely become academic because the new law was already in force and had replaced the previous regulatory gap. — Bernama

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Old Gold Cigarettes ad
1952

KUALA LUMPUR, May 15 — The High Court today acquitted and discharged a former polytechnic student of a charge of trafficking 3,404 grammes (3.4 kilogrammes) of cannabis two years ago.

Judge Datuk Azhar Abdul Hamid made the ruling after finding that the prosecution had failed to establish a prima facie case against Harith Izzuddin Mohd Hanizam, 23, at the end of its case.

In delivering his decision, Azhar said the court found that the prosecution had relied on the testimony of the fourth prosecution witness (SP4), the complainant who is also a police officer, to prove the element of possession.

“The witness’ testimony is doubtful as he did not tell the truth about what happened after the accused and the case items (drugs) were brought to the police station after the arrest.

“The court found that SP4 was not a credible witness. I therefore ruled that the prosecution had failed to prove the element of possession,” he said, adding that no direct evidence was presented to establish that trafficking had occurred.

Azhar said SP4 had claimed that he was always at the police station during the interrogation of the accused, but the testimony of SP5, the investigating officer in the police report submitted by the defence, proved otherwise.

“Therefore, I ruled that the prosecution had failed to prove a prima facie case against the accused. With this, the accused is discharged and acquitted of the charge,” he said.

Five prosecution witnesses were called to testify in the trial, which began last Wednesday (May 13).

Harith Izzuddin was charged with trafficking the drugs at the lobby of a hotel along Jalan Kuching Batu Caves in Sentul here on Feb 26, 2024.

The charge was framed under Section 39B(1)(a) of the Dangerous Drugs Act 1952 and is punishable under Section 39B(2) of the same Act, which provides for the death penalty or life imprisonment, and whipping of not less than 12 strokes upon conviction.

Deputy Public Prosecutor Wan Ahmad Hijrah Wan Abdullah appeared for the prosecution, while Harith Izzuddin was represented by counsel Datuk Geethan Ram Vincent. — Bernama

PETALING JAYA, May 14 — Singer Wee Meng Chee, better known as Namewee, was today acquitted by the magistrates’ court of two drug charges.

As reported by Free Malaysia Today (FMT), the decision came after the Attorney General’s Chambers (AGC) accepted his second representation to drop the charges.

Magistrate Khairunnisak Hassni granted the acquittal following confirmation from the prosecution.

Last month, the AGC had rejected Wee’s initial representation to withdraw the charges under Section 9(1) of the Poisons Act 1952 and Section 39A(1) of the Dangerous Drugs Act 1952.

In January, the 43-year-old pleaded not guilty to possessing 0.78g of sildenafil under the Poisons Act 1952 and an amended charge of possessing 1.57g of methamphetamine under the Dangerous Drugs Act 1952.

Prosecutors alleged the substances were found in his possession at a hotel near Jalan Conlay at about 4.30pm on October 22 last year.

Sildenafil is a controlled substance that may only be held with a valid prescription under the Poisons Act.

The case gained wider attention after Taiwanese influencer Iris Hsieh Yu-hsin, 31, was found dead in a hotel bathtub in Kuala Lumpur on the same day while reportedly working on a video project with Wee.

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Parker Pens ad
“The Saturday Evening Post” magazine
March 22, 1952