Former Minister Challenges Local Alcohol Sales Ban, Citing Legal Precedent
The focus should be on enforcing existing regulations against unlicensed sellers and illegal purchases, not imposing blanket bans based on demographics.


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Former Deputy Minister of Youth and Sports, Datuk Seri Ti Lian Ker, has spoken out against the Ipoh City Council’s (MBI) plans to expand its ban on alcohol sales in majority-Malay areas, arguing that such restrictions violate federal law and constitutional rights.
The controversy emerged after Ipoh mayor Rumaizi Baharin announced potential extensions of an existing liquor sale ban from Manjoi to areas including Ulu Chepor, Rapat Setia, and Kampung Sungai Rokam, citing public demands.
“No state law or local bylaws can trump the federal laws and Federal Constitution. Legally speaking, such bans or additional restrictions by local councils are invalid or in contravention with established legal principles and practices,” Ti said in a statement.
He emphasized that the Excise Duty Act 1976 already governs liquor sales comprehensively at the federal level.
Precedent and Principle: The Legal Foundation
Drawing from legal precedent, Ti cited the landmark case of Perwaja Steel Bhd & Anor vs Majlis Daerah Kemaman, where the court established that specific acts prevail over general ones when laws conflict.
This principle, known as ‘generalibus specialia derogant’, is well-established in Malaysian jurisprudence.
Ti, who served as Deputy Minister of National Unity and Deputy Minister of Youth & Sports, referenced what he described as a similar case from his time in Pahang.
According to Ti’s account, he successfully challenged alcohol sale restrictions there in 2005, pointing out that even a sundry shop in a 90% Malay-populated kampung can legally sell alcoholic beverages with less than 2% alcohol content.
My arguments were accepted by the state legal adviser then and the Exco Agama then had also reiterated in the Dewan Undangan Negeri that under Islam, the prohibitions to deal, trade or consume alcoholic drinks are only confined to Muslims and Non-Muslims have their liberty and choice to do otherwise
Federal Safeguards Already In Place
Ti also pointed out that existing federal licenses already include conditions prohibiting alcohol sales to Muslims and minors.
We must not succumb to political arm-twisting by using demographics as authority. If we apply this principle nationwide, there should be a country-wide ban since Malays are the majority population.
Legal experts note that Section 32(1) of the Excise Act specifically regulates retail sales of intoxicating liquor, requiring proper licensing while providing certain exemptions for sealed beer and toddy sales.
Meanwhile, some have downplayed concerns over the proposed alcohol sales restrictions, noting that the ban would only affect specific Malay-majority areas rather than the entire city of Ipoh.
READ MORE: Liquor-Related Work A Dilemma For Muslims
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