Following from our Alert dated 9 March 2021 relating to the movement control measures in Malaysia, the following regulations were gazetted on 10 March 2021 -
 

The CMCO No. 4 Amendment Regulations and the RMCO No. 3 Amendment Regulations came into force on 10 March 2021 whereas the MCO No. 4 Amendment Regulations, the CMCO No. 4 Amendment No. 2 Regulations and the RMCO No. 3 Amendment No. 2 Regulations came into force on 11 March 2021.
 
CMCO No. 4 Amendment Regulations
 
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 (“CMCO No. 4 Regulations”) which sets out a list of infected local areas. The replacement First Schedule of the CMCO No. 4 Amendment Regulations remains substantially similar to the original Schedule except the district of Langkawi in the State of Kedah has been removed from the list of infected local areas that are subjected to a conditional movement control order.
 
RMCO No. 3 Amendment Regulations
 
The RMCO No. 3 Amendment Regulations replace the First Schedule of the Prevention and Control of Infectious Diseases (Measures within Infected Local Areas) (Recovery Movement Control) (No. 3) Regulations 2021 (“RMCO No. 3 Regulations”) which sets out a list of infected local areas. The First Schedule now includes the district of Langkawi, Kedah as an area that is subjected to a recovery movement control order from 10 March 2021 to 18 March 2021.
 
The RMCO No. 3 Amendment Regulations also insert a new Regulation 7A in the RMCO No. 3 Regulations. Regulation 7A allows a person to move for the purpose of touring activity and subject to conditions determined by the Director General of Health (“Director General”) from time to time as published on the official website of the National Security Council to –
 

 
Amendment to the amount of fine
 
The MCO No. 4 Amendment Regulations, the CMCO No. 4 Amendment No. 2 Regulations and the RMCO No. 3 Amendment No. 2 Regulations amend Regulation 17 of the Prevention and Control of Infectious Diseases (Measures within Infected Local Areas) (Movement Control) (No. 4) Regulations 2021, Regulation 19 of the CMCO No. 4 Regulations and Regulation 18 of the RMCO No. 3 Regulations (collectively “movement control regulations”) respectively by increasing the amount of fine from a maximum of RM1,000 to a maximum of RM50,000 in respect of a contravention of any provision of the movement control regulations or any directions of the Director General or an authorised officer.
 
Comments
 
The amendment to the amount of fine under the movement control regulations is expected following the coming into force of the Emergency (Prevention and Control of Infectious Diseases) (Amendment) Ordinance 2021 (“Amendment Ordinance”) on 11 March 2021. The Amendment Ordinance amends section 31 of the Prevention and Control of Infectious Diseases Act 1988 to allow regulations made under the said Act (which include the movement control regulations) to prescribe penalties of a fine not exceeding RM50,000.
 
Alert prepared by Tan Wei Liang (Associate) and Tai Kean Lynn (Associate) of Skrine.
 
Note

Our earlier Alerts on the movement control regulations and the Amendment Ordinance are available here and here.