TOBACCO companies, consumer groups and non-governmental organisations (NGOs) want more stringent laws and tougher enforcement to help curb the illicit cigarette trade, which is increasing at an alarming rate.

The Royal Malaysian Customs Department seized smuggled cigarettes valued at RM64.55mil in 2009. The illegal trade is estimated to be worth RM1bil a year on which taxes of RM1.5bil are not paid.

 The Federation of Malaysian Consumer Associations (Fomca) secretary-general Muhammad Shaani Abdullah said more action needed to be taken by the Government to help curb the problem.

Fomca is also a member of the Malaysia Council for Tobacco Control (MCTC). According to Muhammad Shaani, Fomca, through the MCTC, has made several proposals to the Health Ministry to curb smoking.

The proposals included the prohibition of sale of all tobacco products by hawkers and night-market peddlers, which formed the channel for illicit tobacco products, he said.

“Sales of cigarettes at non-permanent counters or premises such as pasar malam should be eradicated. If they can ban the selling of VCDs, why not illegal cigarettes?” he asked.

MCTC president Koris Atan said Malaysia was “a little behind” other countries in enforcing rules to curb smoking, let alone illegal cigarette trading.

“Countries like Thailand and Singapore have better advocacy laws compared with Malaysia. In Thailand, smoking is banned in places like bars and restaurants,” said Koris.

“In fact, they even have a special adviser to the Prime Minister on to-bacco advocacy in Thailand. Among the regulations applicable currently include the Customs Act 1967, where the punishment for a first-time offender is a maximum fine of 20 times the amount of customs duty payable, or a maximum of three years’ jail, or both.

“For subsequent offences, the punishment is a maximum fine of 40 times the amount of customs duty or a maximum five years’ jail, or both.”

Under Section 18 of the Trade Description Act 1972, the maximum punishment for an individual is a maximum fine of RM100,000 or three years’ jail (or both) for first-time offenders or a maximum fine of RM200,000, or six years’ (or both) for subsequent offenders.

Corporate offenders, meanwhile, face a maximum fine of RM250,000 (first offence) or a maximum fine of RM500,000 (subsequent offences).

The Ministry of Health – Control of Tobacco Product Regulations 2004, meanwhile, imposes a maximum fine of RM10,000 or two years’ jail (or both).

By law, a 20-stick pack of cigarettes must be sold at a minimum RM6.40 per pack. All cigarette packs must bear security markings and have the Malaysian pictorial health warnings.