Covid-19: Subsidiary Legislation for Recovery Movement Control Order Gazetted

On 7 June 2020, the Prime Minister of Malaysia announced that the Conditional Movement Control Order which expires on 9 June 2020 will be replaced by the Recovery Movement Control Order (‘RMCO’) from 10 June 2020 to 31 August 2020 (‘RMCO Period’). Our Alert on the RMCO is available here.
The RMCO has been formalised by the publication of the Prevention and Control of Infectious Diseases (Declaration of Infected Local Areas) (Extension of Operation) (No. 5) Order 2020 on 9 June 2020.
In conjunction with the implementation of the RMCO, the Prevention and Control of Infectious Diseases (Measures within Infected Local Areas) (No. 7) Regulations 2020 (‘RMCO Regulations’) were also gazetted on 9 June 2020 and will have effect during the RMCO Period.
The salient points of the RMCO are as follows –
Prohibited activities
The following activities are prohibited during the RMCO Period[1]
  1. Organising sports event and tournament, and sports event and tournament;
  1. Contact sports;
  1. Water theme park and water park activities;
  1. Swimming pool activities (other than swimming pool activities in a swimming pool in a private residence and in a swimming pool for private use in accommodation premises under the Tourism Industry Act 1992) except for the training of national athletes participating in the Tokyo Olympic Games 2020;
  1. Outbound tour activities by a citizen and inbound tour activities involving foreign tourists entering Malaysia;
  1. Activities in karaoke centres, children’s playground in shopping malls and family entertainment centres;
  1. Activities in pubs and night clubs, except restaurant business in pubs and night clubs;
  1. Fitting of clothes, using fitting rooms in clothes stores, trying on fashion accessories in stores and providing cosmetic testers in stores;
  1. Reflexology and massage activities in a health and beauty establishment;
  1. Cruise ship activities; 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.
Prohibition on movement to a place subject to enhanced movement control order
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.
Prohibition on procession
Participation in any way by a person in any procession is prohibited.
Control of gathering
A person is allowed to gather or be involved in a gathering, including congregate to perform prayers in any place of worship of his religion subject to directions issued by the Director General of Health (‘Director General’).[2]
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.
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 who has cleared a mandatory health examination upon arrival in Malaysia may be directed to undergo home quarantine (unlike previously where all quarantines were at Government quarantine centres) and be required to wear a wristband provided by an authorised officer.
As in the case of the previous conditional movement orders, where an offence is committed by a company, limited liability partnership, firm, society or other body of persons (each an ‘entity’), a person who at the time of the commission of the offence was a director, compliance officer, partner, manager, secretary or similar officer of the entity, or was purporting to act in any such capacity, or was in any manner or to any extent responsible for the management of the affairs of the entity or was assisting in such management, may be charged severally or jointly with the entity for the offence. If the entity is found guilty of the offence, the individual charged is deemed guilty of the offence unless he proves that the offence was committed without his knowledge, consent or connivance, and that he had taken all reasonable precautions and exercised due diligence to prevent the commission of the offence.
Transitional provision
All directions issued by the Director General under the Prevention and Control of Infectious Diseases (Measures within Infected Local Areas) (No. 6) Regulations 2020 are deemed to have been made under the RMCO Regulations and remain in force unless revoked by the Director General.
The restrictions under the RMCO Regulations are significantly less stringent than those under the regulations applicable to previous phases of movement control orders and are consistent with the Prime Minister’s statement that the country is now moving into the recovery stage of the Covid-19 pandemic.

[1] Refer to the Schedule to the RMCO Regulations.
[2] Regulation 10 of the RMCO Regulations, inter alia, permits the Director General to issue directions for the purpose of preventing and controlling any infectious disease.