Covid-19: First Phase of National Recovery Plan Extended; New Movement Control Regulations and General SOPs Issued

On 15 June 2021, the Prime Minister of Malaysia, Tan Sri Muhyiddin Yassin, unveiled the National Recovery Plan (“NRP”) which comprises four phases. The key threshold indicators for the four phases are the Covid-19 infection rate in the community, capacity of the public healthcare system, and vaccination rate.
 
On 27 June 2021, the Prime Minister announced that the First Phase would be extended from 29 June 2021 until the thresholds for implementing the Second Phase are attained, namely the number of new Covid-19 cases falls below the 4,000-mark, there is moderate demand for beds in the intensive care unit, and 10 per cent of the population is fully vaccinated.
 
To give effect to the extension of the First Phase, the Prevention and Control of Infectious Diseases (Measures within Infected Local Areas) (No. 4) Regulations 2021 (“Movement Control No. 4 Regulations”) were gazetted on 28 June 2021 and came into force on 29 June 2021.
 
The Movement Control No. 4 Regulations revoke the Prevention and Control of Infectious Diseases (Measures within Infected Local Areas) (No. 3) Regulations 2021 (“Movement Control No.  3 Regulations”). Our write-up on the Movement Control No. 3 Regulations can be read here.
 
This Alert provides a summary of the salient provisions of the Movement Control No. 4 Regulations and the general standard operating procedures (“SOPs”) affecting businesses under the First Phase.
 
Movement Control No. 4 Regulations
 
List of essential services
 
The following has been specified in the Schedule to the Movement Control No. 4 Regulations as “essential services
 
  1. Food and beverages including animal feed
  2. Healthcare and medical care including dietary supplement, and veterinary services
  3. Water
  4. Energy
  5. Security, defence, emergency, welfare, and humanitarian aid
  6. Solid waste management and public cleansing and sewerage
  7. Transport by land, water or air
  8. Port, dock and airport services and undertakings including stevedoring and transferring of cargo, pilotage, storing or bulking commodity
  9. Communications including media coverage, telecommunications and internet, broadcasting for the purpose of delivery of information, news and the like, and postal and courier
  10. Banking, insurance, takaful and capital market
  11. Community credit including pawnbroking
  12. E-commerce and information technology
  13. Production, refining, storage, supply and distribution of fuel and lubricants
  14. Hotel and lodging for the purpose of quarantine, isolation, workers’ lodging in essential services, and not for tourism
  15. Construction, critical maintenance and repair works
  16. Forestry services, limited to enforcement, and wildlife
  17. Logistic, limited to delivery of essential services
  18. Production services
  1. aerospace (component and maintenance, repair and overhaul (MRO))
  2. materials for packaging and printing in relation to food and beverages and healthcare and medical materials
  3. personal care goods and cleaning materials
  4. healthcare and medical products including dietary supplement
  5. personal protective equipment including rubber hand gloves and fire safety equipment
  6. components for medical devices
  7. electrical and electronics goods
  8. oil and gas including petrochemical and petrochemical products
  9. machines and equipment in relation to medical treatment and health services and food and beverages products
  10. textile for the production of personal protective equipment
  11. fuel and lubricants
  1. Agriculture, fisheries and husbandry
  2. Farming and commodity, limited to palm, rubber, pepper and cocoa
  3. Major public infrastructure construction works
  4. Building construction works that provide complete workers’ accommodations on construction sites or centralized labour quarter
  5. Construction works of small scale project by G1 and G2 contractors
  6. Trading and retailing
  1. basic essentials, personal care and animal care
  2. laundry including laundrette, spectacles and optical shop and hardware shop
  3. petrol station including retail store at petrol station
  4. car workshop, maintenance and spare parts
  5. wholesaling and distribution for essential services products
Control of movement and gatherings
 
  1. No person shall move from one place to another place within any infected local area, from one district to another district within any infected local area, or from one infected local area to another infected local area, except for the following purposes–
  1. to purchase, supply or deliver food, beverages, medicine, dietary supplement or daily necessities;
  2. to seek healthcare or medical services, Covid-19 detection test, immunisation or emergency treatment;
  3. to purchase any goods or procure any essential services, other than to purchase food, beverages, medicine, dietary supplement or daily necessities or to seek healthcare or medical services, Covid-19 detection test, immunisation or emergency treatment, from any provider of essential services;
  4. to provide any essential services or perform any duty in relation to any essential services;
  5. to perform any official duty, judicial duty or any other duty authorised by an authorised officer;
  6. to provide humanitarian aid to any person affected by any natural disaster;
  7. to attend learning or to prepare and sit for any examination determined by the relevant authority at any learning institution or by any professional body, to provide lessons for the preparation of examination, to conduct an examination or to perform any duty at any learning institution; and
  8. for a special or particular reason.
  1. 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.
  2. No person shall participate or be involved in any procession.
  3. No person shall gather or be involved in any gathering in any premises within any infected local area whether for religious, sports, recreational, social or cultural purposes. However, a person may gather or be involved in a gathering for religious purpose or funeral ceremony subject to any directions issued by the Director General of Health (“Director General”).
  4. The Movement Control No. 4 Regulations also specify conditions applicable to the permitted movements. A person–
  1. moving for the purpose of purchasing food, beverages, medicine, dietary supplement or daily necessities must restrict his movement to a place within a radius of not more than 10 kilometres from his residence, or to a place nearest to his residence which is outside the 10-kilometre radius if such products are not available at a place within the 10-kilometres radius, and may be accompanied by one family member staying in the same house;
  2. moving for the purpose of supplying or delivering food, beverages, medicine, dietary supplement or daily necessities shall provide the necessary proof as requested by an authorised officer;
  3. seeking healthcare or medical services, Covid-19 detection test, immunisation or emergency treatment must restrict his movement to a place within a radius of not more than 10 kilometres from his residence, or to a place nearest to his residence which is outside the 10-kilometre radius if such services are not available at a place within the 10-kilometres radius, and may be accompanied by not more than two persons;
  4. moving to purchase any goods or procure any essential services, other than to purchase food, beverages, medicine, dietary supplement or daily necessities or to seek healthcare or medical services, Covid-19 detection test, immunisation or emergency treatment, shall provide the necessary proof as requested by an authorised officer;
  5. moving for the purpose of providing any essential services or perform any duty in relation to any essential services shall provide the necessary proof as required by an authorised officer;
  6. performing any official or judicial duty shall produce an authorisation letter from his employer, if required by an authorised officer;
  7. providing humanitarian aid to any person affected by any natural disaster shall provide the necessary proof as requested by an authorised officer and may be accompanied by any other person subject to any directions issued by the Director General;
  8. attending learning or performing any duty at any learning institution, shall provide the necessary proof as requested by an authorised officer;
  9. sitting for an examination determined by the relevant authority at any learning institution or by any professional body, or providing lessons for the preparation of examination or conducting an examination shall provide the necessary proof as requested by an authorised officer and may be accompanied by a mother, father or guardian; and
  10. moving due to a special or particular reason must obtain the prior written permission of the police officer in charge of the police station nearest to his residence.
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 notwithstanding the maximum capacity of the number of passengers that may be carried by the public transport.1
 
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. A person who is directed as aforesaid to undergo quarantine at any place is required to wear a wristband provided by an authorised officer.2
 
Foreign employees to undergo Covid-19 detection test

To prevent and control 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 at the employer’s cost.3
 
Special provision relating to control of movement within the States of Sabah and Sarawak
 
The movement control measures for the purpose of preventing and controlling the spread of Covid-19 within the States of Sabah and Sarawak shall be as directed by the Director General.4 

SOPs
 
The SOPs for the First Phase are substantially similar to the previous one, save for the following noteworthy amendments and/or additions-
 
  1. Loading and unloading activities at factories to only involve the delivery and receipt of non-essential goods or cargo in the existing stockpile for purposes of import and export only from 8.00 a.m. to 8.00 pm on Mondays, Wednesdays and Fridays;
  2. Loading and unloading activities involving essential goods are allowed to operate as usual with no restrictions;
  3. Maintenance works at mine and quarries are allowed to be carried out subject to the SOPs for the mining sector; and
  4. Banking, insurance, takaful and capital markets sectors are allowed to operate at 60% workforce capacity subject to the SOPs for the financial services sector.
The new SOPs and our write-ups on the previous general SOPs and can be accessed here, here and here.
 
Comments
 
The prohibitions and restrictions imposed under the Movement Control No. 4 Regulations are substantially similar to those under the previous Movement Control No. 3 Regulations except that the list of essential services now includes community credit including pawnbroking and construction works of small scale project by G1 and G2 contractors.
 
Although Malaysia has been placed under a lockdown for the past one month, the number of new Covid-19 cases averaging above the 5,000-mark for the past week with 6,437 new Covid-19 cases recorded yesterday. Further, the increasing number of fatalities from Covid-19 infections is of concern, to say the least. It remains to be seen whether the latest movement control measures can break the chain of infections and bring the Covid-19 situation in Malaysia under control.
 
Alert prepared by Tan Wei Liang (Associate) and Tai Kean Lynn (Associate) of Skrine.
 

1 Regulation 12 of the Movement Control No. 4 Regulations.
2 Regulation 13 of the Movement Control No. 4 Regulations.
3 Regulation 14 of the Movement Control No. 4 Regulations.
4 Regulation 15 of the Movement Control No. 4 Regulations.

This alert contains general information only. It does not constitute legal advice nor an expression of legal opinion and should not be relied upon as such. For further information, kindly contact skrine@skrine.com.