Covid-19: Movement control measures relaxed – interdistrict travel in Peninsular Malaysia allowed; interstate travel still prohibited
09 March 2021
- Participation or involvement in any procession by any person;1
- Outbound tour activities by a citizen and inbound tour activities involving foreign tourists entering Malaysia except foreign tourists from countries as specified by the Minister of Health;2
- Activities in pubs and night clubs including restaurant business in pubs and night clubs;3 and
- Any activity with many people in attendance at a place making it difficult to carry out social distancing and to comply with the directions of the Director General of Health (“Director General”).4
Control of movement and gatherings
- No person shall move from one district to another district within any infected local area, or from one infected local area to another infected local area, except for the following purposes–
- to supply or deliver food, medicine, dietary supplement or daily necessities;
- to seek healthcare or medical services;
- to work;
- to perform any official duty, judicial duty or any other duty authorised by an authorised officer;
- to provide humanitarian aid to any person affected by any natural disaster;
- to attend learning or to prepare and sit for any examination determined by the relevant authority at any learning institution or by any professional body, to provide lessons for the preparation of examination, to conduct an examination or to perform any duty at any learning institution; and
- for a special and particular reason,
(collectively ‘prescribed purposes’).
- A person may move within the district where his residence is located subject to any directions issued by the Director General.
- Entry into, or exit from, a place that is subject to an enhanced movement control order is prohibited except for any person who is providing healthcare and medical services or is permitted by an authorised officer.
- A person may gather or be involved in a gathering including congregate to perform prayers at any place of worship of his religion subject to any directions issued by the Director General.
- The MCO No. 4 Regulations also specify conditions applicable to the permitted movements. A person–
- moving for the purpose of supplying or delivering food, medicine, dietary supplement or daily necessities shall provide the necessary proof as required by an authorised officer;
- seeking healthcare or medical services must restrict his movement to a district nearest to his residence if such healthcare or medical services are not available within the district where his residence is located;
- moving for the purpose of work shall provide the necessary proof as required by an authorised officer;
- performing any official or judicial duty shall produce an authorisation letter from his employer, if required by an authorised officer;
- providing humanitarian aid to any person affected by any natural disaster shall provide the necessary proof as required by an authorised officer and may be accompanied by any other person subject to any directions issued by the Director General;
- attending learning or performing any duty at any learning institution, shall provide the necessary proof as required by an authorised officer;
- sitting for an examination determined by the relevant authority at any learning institution or by any professional body, or providing lessons for the preparation of examination or conducting an examination shall provide the necessary proof as required by an authorised officer and may be accompanied by a mother, father or guardian; and
- moving due to a special and particular reason must obtain the prior written permission of the police officer in charge of the police station nearest to his residence.
Public transport
Any land, sea or air public transport is only permitted to carry such number of passengers in accordance with the directions issued by the Director General notwithstanding the maximum capacity of the number of passengers that may be carried by the public transport.
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Health examination upon arrival in Malaysia
Any citizen, permanent resident of Malaysia, expatriate or diplomatic corps, or any foreigner permitted by the Director General of Immigration, entering Malaysia from overseas may be directed to undergo health examination upon arrival in Malaysia at any point of entry, or at any other place determined by the Director General. A person who is directed as aforesaid to undergo quarantine at any place is required to wear a wristband provided by an authorised officer.
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Foreign employees to undergo Covid-19 detection test
To prevent and control the spread of Covid-19 at a workplace, an authorised officer may direct any employer who employs a foreign employee to cause the foreign employee to undergo a Covid-19 detection test at the employer’s cost.
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Revocation
The MCO No. 4 Regulations revoke the Prevention and Control of Infectious Diseases (Measures within Infected Local Areas) (Movement Control) (No. 3) Regulations 2021.
CMCO No. 4 Regulations
The CMCO No. 4 Regulations apply to the States of Johore, Kedah, Kelantan, Negeri Sembilan, Penang, Perak, Sarawak and Selangor, as well as the Federal Territory of Kuala Lumpur. The CMCO No. 4 Regulations have effect from 5 March 2021 to 18 March 2021 except for the State of Sarawak where the effective period is from 2 March 2021 to 15 March 2021.
The measures under the CMCO No. 4 Regulations are similar to the measures under the MCO No. 4 Regulations except for the following measures –
- The CMCO No. 4 Regulations do not prohibit movement from one district to another district within an infected local area but prohibit the movement from one zone to another zone (as listed in the Second Schedule to the CMCO No. 4 Regulations) within the State of Sarawak except for the prescribed purposes;8
- A person moving from one infected local area to another infected local area to seek healthcare or medical services shall provide the necessary proof as requested by an authorised officer;
- The State of Selangor and the Federal Territory of Kuala Lumpur are to be reckoned as one infected local area;9 and
- A person moving from one zone to another zone within the State of Sarawak due to a special and particular reason must obtain the prior written permission of the police officer in charge of the police station nearest to his residence.10
Home quarantine after arrival in Malaysia
A person who is directed to undergo home quarantine is required to wear a wristband provided by an authorised officer.
Revocation
The CMCO No. 4 Regulations revoke the Prevention and Control of Infectious Diseases (Measures within Infected Local Areas) (Conditional Movement Control) (No. 3) Regulations 2021.
RMCO No. 3 Regulations
The RMCO No. 3 Regulations apply to the States of Malacca, Pahang, Perlis, Terengganu and Sabah except for the district of Nabawan, as well as the Federal Territories of Putrajaya and Labuan. The RMCO No. 3 Regulations have effect from 5 March 2021 to 18 March 2021.
The measures under the RMCO No. 3 Regulations are, in essence, identical to the measures under the CMCO No. 4 Regulations except for the following measures –
- The RMCO No. 3 Regulation prohibits the movement from one zone to another zone (as listed in the Second Schedule to the RMCO No. 3 Regulations) within the State of Sabah except for the prescribed purposes;11 and
- A person entering Malaysia from overseas may be directed to undergo quarantine at any place and if so directed, shall wear a wristband provided by an authorised officer, which is similar to the MCO No. 4 Regulations.
Revocation
The RMCO No. 3 Regulations revoke the Prevention and Control of Infectious Diseases (Measures within Infected Local Areas) (Recovery Movement Control) (No. 2) Regulations 2021.
Comments
Following from the relaxation of the movement control measures, Malaysia is now under a conditional movement control order or a recovery movement control order except the district of Nabawan, Sabah which is under a movement control order. This relaxation in the restrictions may be due to the rollout of the Covid-19 vaccination programme and the gradual decrease in the number of active Covid-19 cases as more recoveries are reported than the number of new cases in the recent weeks.
However, it remains to be seen whether such relaxation during this time is a step in the right direction as the country is still recording four-digit new Covid-19 cases daily and most of the new Covid-19 clusters are linked to workplaces. Our best hope during this time is prudence, resilience and determination as a nation to flatten the Covid-19 curve in the quest to return to normalcy.
Alert prepared by Tan Wei Liang (Associate) and Tai Kean Lynn (Associate) of Skrine.
1 Regulation 10 of the MCO No. 4 Regulations.
2 Paragraph 1 of the Second Schedule to the MCO No. 4 Regulations.
3 Paragraph 2 of the Second Schedule to the MCO No. 4 Regulations.
4 Paragraph 3 of the Second Schedule to the MCO No. 4 Regulations.
5 Regulation 12 of the MCO No. 4 Regulations.
6 Regulation 13 of the MCO No. 4 Regulations.
7 Regulation 14 of the MCO No. 4 Regulations.
8 Regulation 8 of the CMCO No. 4 Regulations.
9 Regulation 9 of the CMCO No. 4 Regulations.
10 Regulation 10 of the CMCO No. 4 Regulations.
11 Regulation 8 of the RMCO No. 3 Regulations.