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Covid-19: Recovery Movement Control Order Extended

04 January 2021

The Government of Malaysia has announced that the Recovery Movement Control Order (‘RMCO’) which has been in place in Malaysia since 10 June 2020 and was due to expire on 31 December 2020, will be extended to 31 March 2021.1
 
To give effect to the foregoing, the Prevention and Control of Infectious Diseases (Declaration of Infected Local Areas) (Extension of Operation) (No. 7) Order 2020 (‘Extension No. 7 Order’) and the Prevention and Control of Infectious Disease (Measures within Infected Local Areas) (No. 9) Regulations 2020 (‘Regulations No. 9’) were gazetted on 31 December 2020.
 
The Extension No. 7 Order extends the operation of the Prevention and Control of Infectious Diseases (Declaration of Infected Local Areas) (Extension of Operation) (No. 6) Order 2020 from 1 January 2021 to 31 March 2021.
 
Regulations No. 9 replace the Prevention and Control of Infectious Diseases (Measures within Infected Local Areas) (No. 8) Regulations 2020 (‘Regulations No. 8’) which expired on 31 December 2020. Regulations No. 9 have effect from 1 January 2021 to 31 March 2021, and in essence, provide as follows:
 
Prohibited activities
 
The activities that remain prohibited under Regulations No. 9 are the following:
 
  1. Participation or involvement in any procession by any person;2
  1. Outbound tour activities by a citizen and inbound tour activities involving foreign tourists entering Malaysia except foreign tourists from countries as specified by the Minister of Health;3
  1. Activities in pubs and night clubs, except restaurant business in pubs and night clubs;4 and
  1. Any activity with many people in attendance at a place making it difficult to carry out social distancing and to comply with the directions of the Director General of Health (‘Director General’).5
Activities that are allowed during the RMCO remain subject to strict compliance with the prescribed standard operating procedures by the relevant authorities.
 
The activities that are prohibited under Regulations No. 9 are identical to those prohibited under Regulations No. 8 except for the removal of the prohibition against sports event and tournament with spectators in attendance, and sports event and tournament involving participants from overseas entering Malaysia.
 
Movement and activity in a place subject to conditional movement control order
 
An authorised officer is permitted to issue directions in relation to movement and activities of any person in a place that is subject to a conditional movement control order.6
 
Prohibition on movement to a place subject to enhanced movement control order
 
Entry into, or exit from, a place that is subject to an enhanced movement control order is prohibited except for any person who is providing healthcare and medical services or is permitted by an authorised officer.7
 
Control of gathering
 
A person is allowed to gather or be involved in a gathering, including congregate to perform prayers in any place of worship of his religion subject to directions issued by the Director General.8
 
Public transport
 
Any land, sea or air public transport is only permitted to carry such number of passengers in accordance with the directions issued by the Director General.9
 
Health examination upon arrival in Malaysia
 
Any citizen, permanent resident of Malaysia, expatriate or diplomatic corps, or any foreigner permitted by the Director General of Immigration, entering Malaysia from overseas may be directed to undergo health examination upon arrival in Malaysia at any point of entry, or at any other place determined by the Director General.10 A person who is directed as aforesaid to undergo quarantine at any place is required to wear a wristband provided by an authorised officer.11
 
Foreign employees to undergo Covid-19 detection test
 
For the purpose of preventing and controlling the spread of Covid-19 at a workplace, an authorised officer may direct any employer who employs a foreign employee to cause the foreign employee to undergo a Covid-19 detection test, and the charges for such test shall be borne by the employer.12
 
Comment
 
The prohibitions and restrictions imposed under Regulations No. 9 are substantially similar to those imposed under Regulations No. 8 (as amended from time to time13) except for the omission of the previous prohibitions on movement without permission from one district to another in the State of Sabah, from Sabah to Sarawak, Labuan or any state in Peninsular Malaysia and from or into a place that is subject to a conditional movement control order. The last mentioned prohibition has been replaced by Regulation 4(1) of Regulations No. 9 which permits an authorised officer to issue directions in relation to movement and activities within a place that is subject to a conditional movement control order.      
 
 
Alert prepared by Tan Wei Liang (Associate) of Skrine.
 
 
1 ‘Recovery MCO extended to March 31, says Ismail Sabri’, The Star Online, 1 January 2021.
2 Regulation 6 of Regulations No. 9.
3 Paragraph 1 of the Schedule to Regulations No. 9.
4 Paragraph 2 of the Schedule to Regulations No. 9.
5 Paragraph 3 of the Schedule to Regulations No. 9.
6 Regulation 4(1) of Regulations No. 9.
7 Regulation 5(1) of Regulations No. 9.
8 Regulation 7 of Regulations No.9.
9 Regulation 8 of Regulations No.9.
10 Regulation 9(1) of Regulations No.9.
11 Regulation 9(3) of Regulations No.9.
12 Regulation 10(1) of Regulations No. 9.

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