On 10 April 2020, the Prime Minister of Malaysia announced that the nationwide Movement Control Order (‘MCO’) will be further extended from 15 to 28 April 2020 (‘MCO Phase 3 Period’). The extension has been formalised with the publication of the Prevention and Control of Infectious Diseases (Declaration of Infected Local Areas) (Extension of Operation) (No. 2) Order 2020 on 14 April 2020.
 
This is the second extension of the MCO. The original period and the first extension expired on 31 March 2020 and 14 April 2020 respectively.
 
In conjunction with the second extension of the MCO, the Prevention and Control of Infectious Diseases (Measures within Infected Local Areas) (No. 3) Regulations 2020 (‘Phase 3 Regulations’) was also gazetted on 14 April 2020 and will have effect for the duration of the MCO Phase 3 Period.
 
The Phase 3 Regulations are substantially similar to the Prevention and Control of Infectious Diseases (Measures within Infected Local Areas) (No. 2) Regulations 2020, as amended by the Prevention and Control of Infectious Diseases (Measures within Infected Local Area) (No. 2) (Amendment) Regulations 2020 (collectively ‘Phase 2 Regulations’) except in the following respects –
 
Control and Conditions of Movement  
 
Additional exception to prohibition against movement
 
In addition to the five exceptions specified in the Phase 2 Regulations to the prohibition against movement within any infected local area or from one infected local area to another infected local area, the Phase 3 Regulations add a sixth exception, namely the movement by a person from one place to another to procure any essential services other than those set out in regulations 3(2)(a) and 3(2)(b)^[1] of the Phase 3 Regulations.
 
For the purposes of regulation 3(2)(d) of the Phase 3 Regulations, a person may be required to provide the necessary proof of such purpose if required by an authorised officer.^[2]
 
The ten kilometre rule clarified
 
Under the Phase 2 Regulations, a person who moves from place to place to purchase or supply food, medicine, dietary supplement or daily necessities or to seek healthcare and medical services was permitted to travel to a place within a radius of 10 kilometres from his residence or to a place nearest to his residence. These exceptions have been clarified in the Phase 3 Regulations which now permit a person to travel to a place nearest to his residence which is outside the 10-kilometre radius for the aforesaid purposes if such services ‘are not available at a place within a radius of not more than ten kilometres from his residence’.^[3] 
 
Our Alerts on the Prevention and Control of Infectious Diseases (Measures within the Infected Local Areas) Regulations 2020 (for the first phase of the MCO from 18 to 31 March 2020) and the Phase 2 Regulations are available here, here and here.
 

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