On 23 April 2020, the Prime Minister of Malaysia announced that the nationwide Movement Control Order (‘MCO’) will be further extended from 29 April 2020 to 12 May 2020 (‘MCO Phase 4 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. 3) Order 2020 on 28 April 2020.
 
This is the third extension of the MCO. The original period and the first and second extensions of the MCO expired on 31 March 2020, 14 April 2020 and 28 April 2020 respectively.
 
In conjunction with the third extension of the MCO, the Prevention and Control of Infectious Diseases (Measures within Infected Local Areas) (No. 4) Regulations 2020 (‘Phase 4 Regulations’) was also gazetted on 28 April 2020 and will have effect for the duration of the MCO Phase 4 Period.
 
The Phase 4 Regulations are substantially similar to the Prevention and Control of Infectious Diseases (Measures within Infected Local Areas) (No. 3) Regulations 2020 (‘Phase 3 Regulations’) except in the following respects –
 
Control and Conditions of Movement
 
Additional exceptions to prohibition against movement
 
In addition to the procurement of essential services, regulation 3(2)(d) of the Phase 4 Regulations permits a person to move from one place to another to purchase goods, other than those set out in regulations 3(2)(a) and 3(2)(c)^[1] of the Phase 4 Regulations, from any provider of essential services.
 
The requirement under regulation 4(1)(e) of the Phase 3 Regulations for a person who moves from place to place to procure any essential services to provide the necessary proof of such purpose if required by an authorised officer has been disapplied to a person whose movement is to obtain healthcare or medical services under regulation 3(2)(c) of the Phase 4 Regulations.
 
Relaxation of single person rule
 
Regulation 4(1)(a)(ii) of the Phase 4 Regulations now permits a person who travels from place to place (subject to the ten kilometre rule) to purchase food, medicine, dietary supplement, daily necessities or any other goods from any provider of essential services to be accompanied by one family member staying in the same house. The corresponding regulation under the Phase 3 Regulations had prohibited a person from being accompanied by another person unless it is reasonably necessary.^[2]
 
List of essential services
 
Item 14 of the Schedule of Essential Services to the Phase 4 Regulations has been modified by adding any “business” as determined by the Minister after consultation with the authority regulating the business to the list of essential services.  
 
Comments
 
The relaxation of several of the movement control restrictions under the Phase 4 Regulations are to be welcomed and is a sign of the Government’s growing confidence that the outbreak of the Covid-19 pandemic in Malaysia is now under control.
 
Alert prepared by Tan Wei Liang (Associate) of Skrine.
 
Note:
 
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), the Prevention and Control of Infectious Diseases (Measures within Infected Local Areas) (No. 2) Regulations 2020 (for the second phase of the MCO from 1 April 2020 to 14 April 2020), and the Phase 3 Regulations are available here, here, here and here.
 

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