The Prevention and Control of Infectious Diseases (Measures within Infected Local Areas) (Movement Control) (No. 2) (Amendment) (No. 5) Regulations 2021 (‘MCO No. 2 Amendment No. 5 Regulations’) and the Prevention and Control of Infectious Diseases (Measures within Infected Local Areas) (Conditional Movement Control) (No. 2) (Amendment) (No. 3) Regulations 2021 (‘CMCO No. 2 Amendment No. 3 Regulations’) were gazetted on 9 February 2021 and came into force on 10 February 2021.
 
MCO No. 2 Amendment No. 5 Regulations
 
The Prevention and Control of Infectious Diseases (Measures within Infected Local Areas) (Movement Control) (No. 2) Regulations 2021 (‘MCO No. 2 Regulations’) apply to areas that are subjected to a Movement Control Order. The MCO No. 2 Amendment No. 5 Regulations amend Regulation 5 and replace the Second Schedule of the MCO No. 2 Regulations which sets out a list of essential services.
 
Regulation 5(2) of the MCO No. 2 Amendment No. 5 Regulations now allows any person purchasing food to dine at the food premises.
 
The replacement schedule under the MCO No. 2 Amendment No. 5 Regulations is substantially similar to the original schedule except that item 16, namely ‘textile for the production of personal protective equipment’ has been amended to ‘textile’. The updated Second Schedule is available here.
 
CMCO No. 2 Amendment No. 3 Regulations
 
The CMCO No. 2 Amendment No. 3 Regulations substitute the Second Schedule of the Prevention and Control Of Infectious Diseases (Measures Within Infected Local Areas) (Conditional Movement Control) (No. 2) Regulations 2021 which sets out a list of prohibited activities in areas that are subjected to a Control Movement Control Order. Item 2 of the Second Schedule has been amended from “activities in pubs and night clubs, except restaurant business in pubs and night clubs” to “activities in pubs and night clubs, including restaurant business in pubs and night clubs”.
 
Comments
 
Based on the recent amendments, it appears that the restrictions in areas that are subjected to a Movement Control Order are now less rigorous by allowing dine-in and textiles industries as a whole to operate. On the other hand, the conditional movement order restrictions have been tightened by prohibiting restaurant businesses in pubs and night clubs to operate.
 
The effectiveness of the Malaysian Government’s efforts in frequently finetuning the balance between economic productivity and appropriate movement control measures based on the nationwide volatile Covid-19 situation remains to be seen.
 
Notes
 
Our earlier Alerts on the MCO Regulations and the CMCO Regulations are available here, here, here, here and here.
 
Alert prepared by Tan Wei Liang (Associate) and Tai Kean Lynn (Associate) of Skrine.