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要求法庭裁定禁烟令违宪 律师:禁烟令对吸烟者,构成歧视
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1/1/2025
新闻报报看 | 自称是“资深烟民”的资深律师哈尼夫,昨天入禀诉讼认为办公室是私人场所,只要不影响他人,在办公室吸烟就不成问题。他还要求法庭裁定这项禁烟令违宪,理由是禁烟令会对吸烟人士构成不公平的歧视。(主播:颜江瀚、罗美伶)
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00:00
Before watching the video, let me remind you that there is more content on the R.E.D.I.A.N. website.
00:30
I still feel very dissatisfied.
00:32
Former prime minister Mahatma Gandhi's lawyer Hanif
00:34
challenged the judiciary in his own name yesterday
00:39
and demanded that his law firm be excluded from the ban on smoking.
00:43
That is, he can smoke in his office
00:45
to defend his right to smoke in the office.
00:48
Yes.
00:49
Hanif, who claims to be an experienced smoker,
00:51
was sentenced online
00:53
and listed by the Tamil Nadu government and the Ministry of Health as the first and second defendants.
00:58
His argument is that the office is a private space,
01:02
so as long as it does not affect others,
01:04
it is not a problem to smoke in the office.
01:06
He also pointed out that smoking in China
01:08
is a legal activity guaranteed by the law and the constitution.
01:12
Smoking in the smoking area of the law is considered illegal.
01:16
He believes that the government can of course supervise the smoking activity,
01:19
but whether the office should smoke or not
01:21
should be decided by the owner.
01:23
If the owner wants to smoke in the office,
01:26
he can apply for a ban on smoking by himself.
01:29
This is reasonable.
01:31
But this is not the first time Hanif has challenged the ban on smoking.
01:34
In November last year,
01:36
he wrote a letter to the Minister of Health,
01:39
demanding that his office be excluded from the ban on smoking.
01:43
But it was later rejected.
01:45
Then he decided to go to court.
01:47
He said he started smoking at the age of 21
01:50
and smoked three packs of cigarettes every day.
01:53
This is a very serious smoking addiction.
01:56
Since the government issued a ban on smoking in October last year,
01:59
he has posted notices outside his office
02:02
to inform anyone who does not like to contact a smoker
02:05
not to go to his office
02:07
because his law firm is the smoking area.
02:11
Yes, in addition to posting notices,
02:14
Hanif also sent emails to inform his employees and customers
02:17
to emphasize again that his law firm is the smoking area
02:21
and also provided a replacement plan.
02:23
If employees do not want to work in the smoking area,
02:26
they can resign at any time
02:28
and he will give them a certain compensation.
02:30
As for customers,
02:31
if they do not want to deal with lawyers smoking in the office,
02:34
they can also find him at any time to retrieve these files.
02:38
There is no need to force employees and customers
02:41
to smoke in his office.
02:44
Hanif also said that he is a senior smoker
02:47
and he does not want his life to be interfered with,
02:49
so he does not want his workplace and private space
02:52
to be listed as a smoking area.
02:54
In addition to asking the court to exclude the office from the smoking area,
02:57
he also asked the court to rule that this ban is against the constitution.
03:01
His reason is that the ban will cause unfair discrimination
03:04
against smokers.
03:06
In his view, the smoking area will become a private area for non-smokers,
03:10
and smokers like him will be marginalized
03:13
and will be discriminated against by others.
03:15
And while waiting for the court ruling,
03:17
Hanif also asked the court to temporarily terminate his smoking ban
03:21
until the trial is over.
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