Not only is cigarette ban cumbersome, black market will flourish

A COUNTRY cannot not just ban cigarettes and expect it to disappear overnight – especially not to a specific age group.

To international expert in tobacco harm reduction and smoking cessation Clive Bates, if there is a demand for such product, it will be supplied vigorously through the black market.

His comments followed recent news reports on the Government’s plan for a generational ban on cigarettes and vaping starting next year. This means that individuals born after 2005 or who turn 18 next year will not be able to purchase cigarettes or vape products legally.

“First of all, I don’t think it will work. Just look at illicit drugs around the world. Prohibition does not work,” he told FocusM. “If there is a demand, people will find a way to supply it. All a ban does is change how it is provided, who is giving and at what price.”

According to Bates, the designer of the legislation should not naively believe that nobody under 18 years old will consume such product.

“They have to consider what will happen in practice. In this case, people above the moving age threshold will easily be able to supply to people below it, so it isn’t even that difficult to build a huge illicit market,” he argued.

Clive Bates

“In addition, it will be difficult to sustain the measure over time. After 10 years, it would mean an identity (ID) check to prove the adult buyer is 29 or over. Another 10 years later, it would require age-related ID checks on people in their 40s to show they were 30 or over.”

Bates added: “The question now is how successful are age-related bans? I think around 3% of Malaysian adolescents are (already) smoking before their 15th birthday, even though the current age limit is 18.”

Porous coastline

Meanwhile, Datuk Dr Yusof Nook who is president of E-Cure Sdn Bhd, a consultant company in economic crime control and former state police chief of Sarawak suggested that it is now more critical to step-up vigilance against smuggling syndicates.

“Malaysia’s long and porous coastline allows illegal trade like cigarettes to manifest. There are too many small private jetties or lorong tikus (illegal routes) along Malaysia’s coastline,” he pointed out.

“There were even news reports on smuggling syndicates shifting their operations from using large ports as the primary route to coastal areas since the Government implemented the 2021 initiatives to counter illegal cigarettes.”

Given the re-opening of borders, Yusoff opined that more enforcement efforts must be implemented. If not, the 2021 initiatives will become ineffective.

Last week, the Marine Police Force of Lahad Datu foiled an attempt to smuggle contraband cigarettes worth RM55,200 on a speedboat at the coastal area of Kampung Kenali. However, the boat captain managed to escape by jumping off the boat when the Marine Police approached him.

“As there are multiple enforcement agencies such as Marine Police, Malaysia Maritime Enforcement Agencies and Royal Malaysian Navy that has the enforcement power at the sea, there should be a concerted efforts between the enforcement agencies to address this problem,” suggested Yusof.

“Our enforcement agencies must also look into improving their operations with the help of new technologies. In addition, it is important to always be a step ahead of these creative syndicates by putting in place out-of-the-box tactics.”

The Eastern Sabah Security Command (ESSCOM) will be a good case point. In anticipation of the state and international borders’ re-opening, they have adapted their operational tactics by stepping up patrols, added Yusof. – April 16, 2022

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