Covid-19: Movement control measures relaxed; Selangor, Johor, Penang and Kuala Lumpur still under MCO

On 16 February 2021, Senior Minister of Defence, Datuk Seri Ismail Sabri bin Yaakob, announced that most states in Malaysia will be placed under a conditional movement control order or a recovery movement control order except for the states of Selangor, Johor and Penang, as well as the Federal Territory of Kuala Lumpur which remain under a movement control order.
 
To give effect to the foregoing, the Prevention and Control of Infectious Diseases (Measures within Infected Local Areas) (Movement Control) (No. 3) Regulations 2021 (“MCO No. 3 Regulations”), the Prevention and Control of Infectious Diseases (Measures within Infected Local Areas) (Conditional Movement Control) (No. 3) Regulations 2021 (“CMCO No. 3 Regulations”) and the Prevention and Control of Infectious Diseases (Measures within Infected Local Areas) (Recovery Movement Control) (No. 2) Regulations 2021 (“RMCO No. 2 Regulations”) were gazetted on 18 February 2021 and came into force on 19 February 2021.
 
This Alert provides a summary of the salient provisions of the MCO No. 3 Regulations, the CMCO No. 3 Regulations and the RMCO No. 2 Regulations.
 
MCO No. 3 Regulations
 
The MCO No. 3 Regulations apply to the states of Selangor, Johor and Penang, as well as the Federal Territory of Kuala Lumpur. The MCO No. 3 Regulations have effect from 19 February 2021 to 4 March 2021 (“MCO Period”).
 
Prohibited activities
 
The following activities are prohibited during the MCO Period -
 
  1. Participation or involvement in any procession by any person;1
  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
  1. Activities in pubs and night clubs including restaurant business in pubs and night clubs;3 and
  1. 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
 
  1. No person shall move from one district to another district within any local infected area, or from one infected local area to another local infected area, except for the following purposes–
  1. to supply or deliver food, medicine, dietary supplement or daily necessities;
  2. to seek healthcare or medical services;
  3. to work;
  4. to perform any official duty, judicial duty or any other duties authorised by an authorised officer;
  5. to provide humanitarian aid to any person affected by any natural disaster;
  6. to attend learning or to prepare and sit for any examination determined by the relevant authority at any learning institution, to provide lessons for the preparation of examination or to conduct an examination; and
  7. for a special and particular reason.
  1. A person may move within the district where his residence is located subject to any directions issued by the Director General.
  1. 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.
  1. No person may be involved in any gathering in any premises, whether for religious, sports, recreational, social or cultural purpose, except for a gathering for religion at any mosque or place of worship or funeral ceremony subject to any directions issued by the Director General.
  1. The MCO No. 3 Regulations also specify conditions applicable to the permitted movements. A person–
  1. 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;
  2. 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.
  3. moving for the purpose of work shall provide the necessary proof as required by an authorised officer;
  4. performing any official or judicial duty shall produce an authorisation letter from his employer, if required by an authorised officer;
  5. 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;
  6. attending learning or performing any duty at any learning institution, shall provide the necessary proof as required by an authorised officer;
  7. sitting for an examination determined by the relevant authority at any learning institution, 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
  8. 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.
 
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.
 
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.
 
CMCO No. 3 Regulations
 
The CMCO No. 3 Regulations apply to the states of Kedah, Kelantan, Malacca, Negeri Sembilan, Pahang, Perak, Sabah, Sarawak and Terengganu, as well as the Federal Territories of Putrajaya and Labuan. Similar to the MCO No. 3 Regulations, the CMCO No. 3 Regulations have effect from 19 February 2021 to 4 March 2021 except for the state of Sarawak where the effective period is from 15 February 2021 to 1 March 2021.

The measures under the CMCO No. 3 Regulations are similar to the measures under the MCO No. 3 Regulations except for the following measures –
 
Control of gatherings
 
The CMCO No. 3 Regulations does not prohibit gatherings for religious, sports, recreational, social or cultural purposes. A person is expressly permitted to be involved in a gathering and to congregate to perform prayers at any place of worship of his religion subject to any directions issued by the Director General.5
 
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.
 
RMCO No. 2 Regulations
 
The RMCO No. 2 Regulations apply to the state of Perlis and have effect from 19 February 2021 to 4 March 2021. The measures under the RMCO No. 2 Regulations are, in essence, identical to the measures under the CMCO No. 3 Regulations except that a person entering Malaysia from overseas can be directed to undergo quarantine at any place and wear a wristband provided by an authorised officer, which is similar to the MCO No. 3 Regulations.
 
Comments
 
It appears that the relaxed movement control measures under the MCO No. 3 Regulations, the CMCO No. 3 Regulations and the RMCO No. 2 Regulations are largely similar save for some minor differences. The relaxation of the restrictions may be due to the recent significant decrease in the number of new Covid-19 cases recorded. However, it remains to be seen whether this is a step in the right direction in the areas which are subjected to a movement control order where the number of new cases recorded are still relatively high.
 
Although many are pinning their hopes on the rollout of the Covid-19 vaccination programme in the country to aid the pandemic situation, it will be at least six to nine months before we reach the stage where ‘herd immunity’ may come into play.
 
 
Alert prepared by Tan Wei Liang (Associate) and Tai Kean Lynn (Associate) of Skrine.
 

1 Regulation 10 of the MCO No. 3 Regulations.
2 Paragraph 1 of the Second Schedule to the MCO No. 3 Regulations.
3 Paragraph 2 of the Second Schedule to the MCO No. 3 Regulations.
4 Paragraph 3 of the Second Schedule to the MCO No. 3 Regulations.
5 Regulation 11 of the CMCO No. 3 Regulations.