Li Jin Ming, 41, from Yunnan, China admitted to the charge read out to him in Mandarin by the court interpreter.
He had committed the offence inside lavatory D, AirAsia flight AK5746, about 1pm, on Jan 16, while the plane was heading to Tawau from Kuala Lumpur.
The charge, under Section 100 of the Civil Aviation Regulations 2016, is punishable under Section 206(2)(a) of the same regulations. It carries a fine of not more than RM25,000 or jail not exceeding one year, or both, on conviction.
Magistrate Ferhansha Farene Mohd Ferdaus also ordered Li to be referred to the Immigration Department.
Earlier, prosecuting officer ASP Dayang Nur Azarinahwaty Ag Kachee urged the court to impose an appropriate sentence as a lesson to the accused and in the interest of the public, submitting that Li’s action was a safety risk that could have endangered other passengers in the plane.
Li’s counsel Liew Hon Min told the court in mitigation that it was the accused’s first flight abroad.
“During the flight to Tawau, the accused was not aware of the inflight smoking prohibition and there was no announcement on the ban in Chinese,” he said.
Liew said the case also received wide coverage in China.
“I have been made to understand that the authorities, through the China Tourism Board, would also take action on my client upon his return to China,” said Liew.