In July 2021, the Prevention and Control of Infectious Diseases (Measures within Infected Local Areas) (National Recovery Plan) Regulations 2021 [P.U.(A) 293/2021] (“the Principal Regulations”) came into force, giving effect to the four-phase National Recovery Plan whereby movement control measures will be gradually eased as Malaysia moves from one phase to the next. Our write-up on the Principal Regulations and its first amendment can be read here and here.
 
Following that, the  Prevention and Control of Infectious Diseases (Measures within Infected Local Areas) (National Recovery Plan) (Amendment) (No. 2) Regulations 2021 [P.U.(A) 381/2021] (“the NRP Amendment Regulations No. 2”) was gazetted and came into force on 6 October 2021. 
 
This write-up highlights the salient points of the NRP Amendment Regulations No. 2.
 
New Regulation 11A- Requirement to wear tracing device
 
The Principal Regulations are amended by the insertion of a new Regulation 11A which provides that an authorised officer may direct any person who is infected by the Covid-19 or whom he has reason to believe to be infected by the Covid-19, or any contact, to wear any tracing device provided to him. Such persons must comply with any directions issued by an authorised officer. Regulation 11A(3) also provides that it is an offence to destroy, lose or tamper with the tracing device.
 
 Amendment to Regulation 12- Requirement to undergo health examination upon arrival in Malaysia
 
The amendment to Regulation 12(3) of the Principal Regulations provides that any person referred to in Regulation 12(1) who is directed by the authorised officer to undergo quarantine must wear a tracing device provided by the authorised officer.
 
A new Regulation 12(4) has also been inserted, stating that any person who destroys, damages, loses or tampers with the tracing device commits an offence.
 
The term “tracing device” is now defined in Regulation 3 to mean any device provided by the authorised officer including a wristband.
 
New Regulation 12A- Isolation or surveillance of infected persons and suspects
 
The Principal Regulations are also amended to include new Regulation 12A, providing that an authorised officer may, by any means, direct any person who is infected by the Covid-19 or whom he has reasons to believe to be infected by the Covid-19 to undergo isolation or surveillance in such place and for such period as he thinks fit or until he may be discharged without danger to the public. To that end, an authorised officer may use such force as may be necessary to ensure compliance with directions.
 
Comments
 
The amendments to the Principal Regulations are aimed at improving the efficacy of monitoring patients infected by, or suspected to be infected by the Covid-19. This is vital as the Malaysian Government moves towards relaxing the standard operating procedures, seeing as Malaysia’s adult population vaccination rate is close to 90% as at the time of writing. Focus on managing of the Covid-19 patients and suspects is especially important at this juncture and we remain hopeful that the effects of the global pandemic will be kept at bay.
 
Alert prepared by Tai Kean Lynn (Associate) of Skrine.