Covid-19: Subsidiary Legislation for Conditional Movement Control Order Phase 2 Amended

On 9 May 2020, the Prime Minister of Malaysia announced that the Conditional Movement Control Order will be extended from 13 May 2020 to 9 June 2020 (‘CMCO Phase 2 Period’).
 
In conjunction with the extension of the CMCO, the Prevention and Control of Infectious Diseases (Measures within Infected Local Areas) (No. 6) Regulations 2020 (‘CMCO Phase 2 Regulations’) were gazetted on 12 May 2020 and will have effect for the duration of the CMCO Phase 2 Period. Our Alert on the CMCO Phase 2 Regulations is available here.
 
On 22 May 2020, the Prevention and Control of Infectious Diseases (Measures within Infected Local Areas) (No. 6) (Amendment) Regulations 2020 (‘CMCO Phase 2 Amendment Regulations’) were gazetted. The CMCO Phase 2 Amendment Regulations amend the CMCO Phase 2 Regulations in the following respects –
 
Tourism services
 
The ‘tourism services’ sector has been removed from the list of prohibited activities specified in the Schedule to the CMCO Phase 2 Regulations.
 
Control of Movement Between Infected Local Areas
 
Regulations 6(2) and 6(3)1 of the CMCO Phase 2 Regulations have been amended to allow a person who seeks to move from one infected local area to another infected local area for the reasons stated in those regulations to obtain the prior written permission of the Officer in Charge of the Police District of the place where that person resides. This is in addition to the existing provisions which allow the person concerned to apply for written permission from the police officer in charge of the police station nearest to his/her residence.
 
Prayer at places of worship
 
A new Regulation 7A has been introduced which allows persons to congregate to perform prayers at any place of worship of his religion subject to the directions issued by the Director General of Health (‘DG Health’) under regulation 14 of the CMCO Phase 2 Regulations. The persons congregating in accordance with such directions issued by the DG Health shall not be regarded as participating or being involved in a gathering prohibited under regulation 7(1) of the CMCO Phase 2 Regulations.
 
Private vehicle
 
Commencing from 27 May 2020, regulation 9 of the CMCO Phase 2 Regulations will be replaced by new provision which permits any person driving a private vehicle to carry such number of passengers that may be carried in the private vehicle as regulated under the Road Transport Act 1987 provided that such passengers are persons staying in the same house as that person. Prior to this amendment, a person was only allowed to carry up to four passengers in his vehicle. This amendment will be welcomed by owners of vehicles, such as multi-purpose vehicles, that are legally permitted to carry more four persons.  
 
Air Public Transportation between Sabah or Sarawak or Labuan and Peninsular Malaysia
 
Regulation 11 of the CMCO Phase 2 Regulations has been replaced by a provision which allows a holder of any air public transport licence or permit to carry on board the air public transport for each journey to the Sabah or Sarawak or the Federal Territory of Labuan from Peninsular Malaysia and vice versa, the number of passengers in accordance with the directions issued by the DG Health under regulation 14 of the CMCO Phase 2 Regulations.
 

1 Regulation 6(2) of the CMCO Phase 2 Regulations allows spouses residing in different infected local areas to seek permission to move from one infected local area to another, whilst regulation 6(3) allows a person who needs to move from one infected local area to another due to a special and particular reason to seek permission to do so.