Following from our Alert s dated 15, 19 and 26 January 2021 relating to the movement control measures in Malaysia, the Prevention and Control of Infectious Diseases (Measures within Infected Local Areas) (Movement Control) (No. 2) (Amendment) (No.2) Regulations 2021 ('MCO No. 2 Amendment Regulations No. 2') and the Prevention and Control of Infectious Diseases (Measures within Infected Local Areas) (Conditional Movement Control) (No. 2) (Amendment) (No. 2) Regulations 2021 ('CMCO No. 2 Amendment Regulations No. 2') were gazetted and came into force on 2 February 2021.
Subsequently, the Prevention and Control of Infectious Diseases (Measures within Infected Local Areas) (Movement Control) (No. 2) (Amendment) (No.3) Regulations 2021 ('MCO No. 2 Amendment Regulations No. 3') was gazetted on 3 February 2021 and will come into force on 5 February 2021.
The MCO No. 2 Amendment Regulations No. 2 and the MCO No. 2 Amendment Regulations No. 3 (collectively, the 'MCO No. 2 Amendment Regulations')
The MCO No. 2 Amendment Regulations substituted the First Schedule of the Prevention and Control of Infectious Diseases (Measures within Infected Local Areas) (Movement Control) (No. 2) Regulations 2021 ('MCO No. 2 Regulations') which sets out the areas that are subjected to a movement control order and the period which such order remains in effect.
Areas under a movement control order
The substituting schedules in the MCO No. 2 Amendment Regulations have expanded the infected local areas. Essentially, the areas that are now subjected to the movement control order include all states and territories in Peninsular Malaysia, the Federal Territory of Labuan, the state of Sabah, the Division of Sibu and the Districts of Song and Kapit in the state of Sarawak.
Period of the movement control order
The MCO No. 2 Amendment Regulations, when read together, extend the period of the movement control order in the affected areas. The period of the movement control order has been extended in the states and territories in Peninsular Malaysia, the Federal Territory of Labuan and the state of Sabah to 18 February 2021, the Division of Sibu in Sarawak to 14 February 2021, and the Districts of Song and Kapit in Sarawak to 15 February 2021.
The CMCO No. 2 Amendment Regulations No. 2
The CMCO No. 2 Amendment Regulations No. 2 substituted the First Schedule of the Prevention and Control of Infectious Diseases (Measures within Infected Local Areas) (Conditional Movement Control) (No. 2) Regulations 2021 ('CMCO No. 2 Regulations') which sets out the places that are subjected to a conditional movement control order and the period which such order remains in effect.
Areas under a conditional movement control order
Under the substituting schedule in the CMCO No. 2 Amendment Regulations No. 2, the state of Sarawak remains subjected to a conditional movement control order except for the Division of Sibu and the Districts of Song and Kapit which are subjected to a movement control order.
Comments
The movement control order and the conditional movement control order have been extended again as the number of new Covid-19 cases hover between 3000 and 5000 every day. This raises concerns as to the effectiveness of the measures taken to contain the spread of the Covid-19 virus, in particular, in Selangor, Johor and the Federal Territory of Kuala Lumpur.
It remains to be seen whether the Malaysian Government will introduce stricter measures in the near future to control the spread of the Covid-19 virus.
Notes
Our earlier Alerts on the MCO Regulations, the CMCO Regulations and the RMCO Regulations are available here, here and here.
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