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Covid-19: Spike in Covid-19 cases in Malaysia; Covid-19 R-naught remains on an upward trend

30 April 2021

Following our Alert on 23 April 2021 -
 
  1. the Prevention and Control of Infectious Diseases (Measures within Infected Local Areas) (Movement Control) (No. 4) (Amendment) (No. 12) Regulations 2021 were gazetted on 24 April 2021 and came into force on 25 April 2021; and

  2. the Prevention and Control of Infectious Diseases (Measures within Infected Local Areas) (Movement Control) (No. 4) (Amendment) (No. 13) Regulations 2021 were gazetted on 28 April 2021 and came into force on 29 April 2021;
 
(collectively, the “MCO No. 4 Amendment Regulations”)
 
  1. the Prevention and Control of Infectious Diseases (Measures within Infected Local Areas) (Conditional Movement Control) (No. 4) (Amendment) (No. 11) Regulations 2021 were gazetted on 26 April 2021 and came into force on 27 April 2021; and

  2. the Prevention and Control of Infectious Diseases (Measures within Infected Local Areas) (Conditional Movement Control) (No. 4) (Amendment) (No. 12) Regulations 2021 (“CMCO No. 4 Amendment No. 12 Regulations”) were gazetted on 28 April 2021 and came into force on 29 April 2021; and
 
(collectively, the “CMCO No. 4 Amendment Regulations”)
 
  1. the Prevention and Control of Infectious Diseases (Measures within Infected Local Areas) (Recovery Movement Control) (No. 3) (Amendment) (No. 13) Regulations 2021 were gazetted on 28 April 2021 and came into force on 29 April 2021 (“RMCO No. 3 Amendment No. 13 Regulations”).
 
MCO No. 4 Amendment Regulations
 
The MCO No. 4 Amendment Regulations replace the First Schedule of the  Prevention and Control of Infectious Diseases (Measures within Infected Local Areas) (Movement Control) (No. 4) Regulations 2021 and extend the effective period of the movement control order for the entire State of Kelantan, which remains the only State subjected to such an order, from 29 April 2021 to 17 May 2021.
 
CMCO No. 4 Amendment Regulations
 
Control of movement in the Sates of Sabah and Sarawak
 
Under the CMCO No. 4 Amendment Regulations –
 
  1. movement from one zone to another zone (as listed in the Second Schedule to the CMCO No. 4 Amendment No. 12 Regulations) within the States of Sabah and Sarawak is prohibited except for the prescribed purposes; and

  2. a person moving from one zone to another zone within the States of Sabah and Sarawak due to a special and particular reason must obtain the prior written permission of the police officer in charge of the police station nearest to his residence.
 
Previously, the State of Sabah was subjected to a recovery movement control order except for the districts of Tawau, Lahad Datu and Sandakan which were placed under a movement control order.
 
Extension of CMCO
 
The CMCO No. 4 Amendment Regulations replace the First Schedule of the Prevention and Control of Infectious Diseases (Measures within Infected Local Areas) (Conditional Movement Control) (No. 4) Regulations 2021 and provide that the following infected local areas are subjected to a conditional movement control order -
 
  1. the State of Sarawak;

  2. the State of Johor;

  3. the State of Sabah;

  4. the State of Penang;

  5. the State of Selangor;

  6. the Federal Territory of Kuala Lumpur;

  7. the district of Kuala Muda, Kedah; and

  8. the district of Seremban, Negeri Sembilan,
from 29 April 2021 to 17 May 2021 except for the State of Sarawak where the effective period is from 27 April 2021 to 17 May 2021.
 
RMCO No. 3 Amendment No. 13 Regulations
 
Movement for purpose of touring
 
The RMCO No. 3 Amendment No. 13 Regulations amend Regulation 7A of the Prevention and Control of Infectious Diseases (Measures within Infected Local Areas) (Recovery Movement Control) (No. 3) Regulations 2021 (“RMCO No. 3 Regulations”) and provide that a person may move for the purpose of touring activity subject to any conditions determined by the Director General of Health from time to time as published in the official website of the National Security Council to any place within the infected local areas specified in the First Schedule of the RMCO No. 3 Amendment No. 13 Regulations.
 
Previously, movement for the purpose of touring activity is permitted to any place within the States of Malacca, Pahang, Perlis, Terengganu as well as the Federal Territories of Putrajaya and Labuan, and any place within a zone within the State of Sabah. The entire State of Sabah is now subjected to a conditional movement control order where movement for the purpose of touring activity is prohibited.
 
Extension of RMCO
 
The RMCO No. 3 Amendment No. 13 Regulations replace the First Schedule of the RMCO No. 3 Regulations and provide that the following infected local areas are subjected to a recovery movement control order –
 
  1. the State of Kedah (except for the district of Kuala Muda which is subjected to a conditional movement control order);

  2. the State of Negeri Sembilan (except for the district of Seremban which is subjected to a conditional movement control order);

  3. the State of Malacca;

  4. the State of Pahang;

  5. the State of Perak;

  6. the State of Perlis;

  7. the State of Terengganu;

  8. the Federal Territory of Putrajaya; and

  9. the Federal Territory of Labuan,
from 29 April 2021 to 17 May 2021.
 
Comments
 
The number of daily Covid-19 cases in Malaysia has breached the 3,000-mark for two consecutive days after being within the 2000 to 3000-range for the past two weeks. The recent spike in Covid-19 cases especially in the States of Selangor and Sarawak which are subjected to a conditional movement control order is worrying and gives rise to concerns that the current movement control measures are not effective in containing the spread of the Covid-19 virus. Another concern is the country’s Covid -19 R-naught is also on an upward trend.
 
Notes

Our earlier Alerts on the movement control measures in Malaysia dated 23 April 2021, 16 April 2021, 7 April 2021, 5 April 2021, 24 March 2021, 22 March 2021, 12 March 2021 and 9 March 2021 can be accessed using the provided links.
 
Alert prepared by Tan Wei Liang (Associate) and Tai Kean Lynn (Associate) of Skrine.

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