Covid-19: Movement Control Measures Implemented Across Malaysia *Update No.2*

Subsequent to the issue of our Alert on the update in relation to the imposition of movement control measures across Malaysia, the Prevention and Control of Infectious Diseases (Measures within Infected Local Areas) (Movement Control) (Amendment) (No. 2) Regulations 2021 and the Prevention and Control of Infectious Diseases (Measures within Infected Local Areas) (Conditional Movement Control) (Amendment) (No. 2) Regulations 2021 (collectively, ‘Amendment Regulations’) were gazetted on 19 January 2021 and came in force on the same day. The Amendment Regulations redesignated certain states in Malaysia under the movement control measures.
 
Subsequent to the Amendment Regulations, the Prevention and Control of Infectious Diseases (Measures within Infected Local Areas) (Movement Control) (No. 2) Regulations 2021 (‘MCO No. 2 Regulations’), the Prevention and Control of Infectious Diseases (Measures within Infected Local Areas) (Conditional Movement Control) (No. 2) Regulations 2021 (‘CMCO No. 2 Regulations’) and the Prevention and Control of Infectious Diseases (Measures within Infected Local Areas) (Recovery Movement Control) (Revocation) Regulations 2021 (‘RMCO Revocation Regulations’) were gazetted on 21 January 2021 and came into force on 22 January 2021.
 
The MCO No. 2 Regulations
 
The MCO No. 2 Regulations replace the Prevention and Control of Infectious Diseases (Measures within Infected Local Areas) (Movement Control) Regulations 2021 (as amended) (‘MCO Regulations’). The MCO No. 2 Regulations are, in essence, identical to the MCO Regulations except in the following respects –
 
Places under a movement control order
 
The MCO No. 2 Regulations apply to all states and territories in Malaysia (other than the state of Sarawak) and to the Division of Sibu in Sarawak. The movement control order imposed on the aforesaid states and territories has effect from 22 January 2021 to 4 February 2021 whereas the movement control order imposed on the Division of Sibu in Sarawak has effect until 29 January 2021. Other parts of Sarawak are under a conditional movement control order.
 
List of Essential services
 
The Second Schedule to the MCO No. 2 Regulations sets out a list of 50 ‘essential services’ which is available here. The MCO No. 2 Regulations add three new ‘essential services’ to the list of ‘essential services’ under the MCO Regulations, namely -  
 
  1. Communication including telecommunications and internet, postal and courier, and broadcasting;
  2. Information technology including global business services and call center; and
  3. Digital creative content development in studio including film editing.
The CMCO No. 2 Regulations
 
The CMCO Regulations No. 2 replace the Prevention and Control of Infectious Diseases (Measures within Infected Local Areas) (Conditional Movement Control) Regulations 2021 (as amended from time to time) (‘CMCO Regulations’). The CMCO No. 2 Regulations are, in essence, identical to the CMCO Regulations save that the CMCO No. 2 Regulations now apply to the state of Sarawak except for the Division of Sibu (which is under a movement control order) from 22 January 2021 to 31 January 2021.
 
The RMCO Revocation Regulations
 
The RMCO Revocation Regulations revoke the Prevention and Control of Infectious Diseases (Measures within Infected Local Areas) (Recovery Movement Control) Regulations 2021 (as amended from time to time) (‘RMCO Regulations’). There are currently no states, districts or territories in Malaysia that are under a recovery movement control order.
 
Comments
 
With the extension of the movement control order and the conditional movement control order across Malaysia, it is evident, and expectedly so, that the current Covid-19 situation in Malaysia is not yet under control. As one can infer from all the movement control regulations that have come into force thus far, the prohibitions and restrictions are mostly targeted towards curbing social and communal activities, whilst allowing the country’s economy to remain operational and efficient.
 
The Malaysian Government would need to strive for a difficult and delicate balance between containing the current Covid-19 situation, and at the same time making sure that the impact on Malaysia’s economic productivity due to any measures announced by the Malaysian Government is minimised.
 
Notes
 
Our Alerts on the MCO Regulations, the CMCO Regulations and the RMCO Regulations are available here and here.
 
 
Alert prepared by Tan Wei Liang (Associate) and Tai Kean Lynn (Associate) of Skrine.