Covid-19: Subsidiary Legislation for Conditional Movement Control Order Phase 2 Gazetted
13 May 2020
- Activities in pubs and night clubs, including restaurant business in pubs and night clubs; and
- Betting, sweepstake, lottery, gaming machine or games of chance activities such as gambling, number forecast, slot machine and horse racing gambling or betting and activities in casino.
It is interesting to note that except for night clubs, the above activities were not included in the List of Prohibited Activities
issued by the National Security Council on 1 May 2020.
Control of Movement within Sarawak
A new Regulation 5 has been included in the CMCO Phase 2 Regulations which prohibits any person from moving from one district to another in the State of Sarawak except for a special and particular reason with the prior written permission of the police officer in charge of the police station nearest to the person’s residence.
Control of Movement Between Infected Local Areas
Regulation 6 of the CMCO Phase 2 Regulations differs from Regulation 5 of the CMCO Phase 1 Regulations in the following respects –
- The right of a person who is stranded due to the movement control restrictions to return home by moving from one infected local area to another infected local area has been removed; this may be due to the fact that a large number of such persons have been allowed to return home during the first phase of the CMCO.
- A new Regulation 6(2) now allows a person who is residing in a different infected local area from his/ her spouse to move from his/ her residence to the residence of his/ her spouse in another infected local area with the prior written permission of the police officer in charge of the police station nearest to his/her residence.
Control of Gatherings
A new exception has been introduced to the general prohibition against gatherings. Regulation 7(2)(a) of the CMCO Phase 2 Regulations now permits a person to gather or be involved in a gathering for Hari Raya Puasa, Pesta Kaamatan and Gawai Dayak Day subject to directions of the Director General of Health (‘DG’).
Special Treatment of Selangor, Kuala Lumpur and Putrajaya
A new Regulation 8 provides that the State of Selangor and the Federal Territories of Kuala Lumpur and Putrajaya are to be reckoned as one infected local area for the purposes of Regulations 4, 6 and 7(2) of the CMCO Phase 2 Regulations.
Air Public Transportation between Sabah or Sarawak and Peninsular Malaysia
A new Regulation 11 has been included in the CMCO Phase 2 Regulations which provides as follows–
- A holder of any air public transport licence or permit to carry passengers (‘permit holder’) shall ensure that the air public transport does not carry more than 66.6% of the total maximum load factor of the air public transport that may be carried on board the air public transport for each journey of a scheduled flight from Sabah or Sarawak to Peninsular Malaysia.
- A permit holder is allowed to carry the total maximum capacity of the number of passengers that may be carried on board the air public transport for each journey of a scheduled flight from Peninsular Malaysia to Sabah or Sarawak.
- A permit holder is allowed to carry the total maximum capacity of the number of passengers that may be carried on board the air public transport for each journey of a non-scheduled flight from Peninsular Malaysia to Sabah or Sarawak, where all passengers are students in Peninsular Malaysia returning to Sabah or Sarawak.
Regulation 11 has been expressly exempted from Regulation 10(1) of the CMCO Phase 2 Regulations which, inter alia, imposes a maximum of 50% of the total maximum capacity of the number of passengers that can be carried on board a public transport.
Sitting of Parliament or State Assembly
A new Regulation 16 expressly permits a Member of Parliament or a Member of a State Assembly to attend a sitting of Parliament or State Assembly respectively.
A new Regulation 17 provides that all directions issued by the DG under the CMCO Phase 1 Regulations shall be deemed to have been made under the CMCO Phase 2 Regulations and shall remain in force unless revoked by the DG.
Our Alert on this announcement is available here
Regulation 4 permits movement within an infected local area. Regulation 6 restricts movement from one infected local area to another infected local area. Regulation 7(2) permits gathering for Hari Raya Puasa, Pesta Kaamatan and Gawai Dayak Day and for attendance at funerals.