Following the Government's announcement on 28 May 2021 that even stricter nationwide lockdown measures would be implemented in an attempt to control the Covid-19 outbreak in Malaysia, the Prevention and Control of Infectious Diseases (Measures within Infected Local Areas) (No. 2) Regulations 2021 ("Movement Control No. 2 Regulations") were gazetted on 31 May 2021 and came into force on 1 June 2021. Our write-up on the Government's 28 May 2021 announcement can be read here.

The Movement Control No. 2 Regulations revoke the Prevention and Control of Infectious Diseases (Measures within Infected Local Areas) Regulations 2021 ("Movement Control No. 1 Regulations"). Our write-up on the Movement Control No. 1 Regulations can be read here and here.

This Alert provides a summary of the salient provisions of the Movement Control No. 2 Regulations.

List of essential services

The following has been specified in the Schedule to the Movement Control No. 2 Regulations as "essential services"-

  1. Food and beverages including animal feed
  2. Healthcare and medical care including dietary supplement, and veterinary services
  3. Water
  4. Energy
  5. Security, defence, emergency, welfare, and humanitarian aid
  6. Solid waste management and public cleansing and sewerage
  7. Transport by land, water or air
  8. Port, dock and airport services and undertakings including stevedoring and transferring of cargo, pilotage, storing or bulking commodity
  9. Communications including media coverage, telecommunications and internet, broadcasting for the purpose of delivery of information, news and the like, and postal and courier
  10. Banking, insurance, takaful and capital market
  11. Pawnbroking
  12. E-commerce and information technology
  13. Production, refining, storage, supply and distribution of fuel and lubricants
  14. Hotel and lodging for the purpose of quarantine, isolation, workers' lodging in essential services, and not for tourism
  15. Construction, critical maintenance and repair works
  16. Forestry services, limited to enforcement, and wildlife
  17. Logistic, limited to delivery of essential services
  18. Production services
    1. aerospace (component and maintenance, repair and overhaul (MRO))
    2. materials for packaging and printing in relation to food and beverages and healthcare and medical materials
    3. personal care goods and cleaning materials
    4. healthcare and medical products including dietary supplement
    5. personal protective equipment including rubber hand gloves and fire safety equipment
    6. components for medical devices
    7. electrical and electronics goods
    8. oil and gas including petrochemical and petrochemical products
    9. machines and equipment in relation to medical treatment and health services and food and beverages products
    10. textile for the production of personal protective equipment
    11. fuel and lubricants
  19. Agriculture, fisheries and husbandry
  20. Farming and commodity, limited to palm, rubber, pepper and cocoa
  21. Major public infrastructure construction works
  22. Building construction works that provide complete workers' accommodations on construction sites or centralized labour quarter
  23. Trading and retailing
    1. basic essentials, personal care and animal care
    2. laundry including laundrette, spectacles and optical shop and hardware shop
    3. petrol station including retail store at petrol station
    4. car workshop, maintenance and spare parts
    5. wholesaling and distribution for essential services products

Control of movement and gatherings

  1. A person is prohibited from moving from one place to another place within any infected local area, 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-
    1. to purchase, supply or deliver food, beverages, medicine, dietary supplement or daily necessities;
    2. to seek healthcare or medical services, Covid-19 detection test, immunisation or emergency treatment;
    3. to purchase any goods or procure any essential services, other than to purchase food, beverages, medicine, dietary supplement or daily necessities or to seek healthcare or medical services, Covid-19 detection test, immunisation or emergency treatment, from any provider of essential services;
    4. to provide any essential services or perform any duty in relation to any essential services;
    5. to perform any official duty, judicial duty or any other duty authorised by an authorised officer;
    6. to provide humanitarian aid to any person affected by any natural disaster;
    7. 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
    8. for a special or particular reason.
  2. Only a person who is providing healthcare and medical services or is permitted by an authorised officer is permitted to enter into or exit from a place that is subject to an enhanced movement control order.
  3. No person shall participate or be involved in any procession.
  4. No person shall be involved in any gathering in any premises within any infected local area whether for religious, sports, recreational, social or cultural purposes. However, a person may be involved in a gathering for religious purpose or funeral ceremony subject to any directions issued by the Director General of Health ("Director General").
  5. The Movement Control No. 2 Regulations also specify conditions applicable to the permitted movements. A person-
    1. moving for the purpose of purchasing food, beverages, medicine, dietary supplement or daily necessities must restrict his movement to a place within a radius of not more than 10 kilometres from his residence, or to a place nearest to his residence which is outside the 10-kilometre radius if such products are not available at a place within the 10-kilometres radius, and may be accompanied by one family member staying in the same house;
    2. moving for the purpose of supplying or delivering food, beverages, medicine, dietary supplement or daily necessities shall provide the necessary proof as requested by an authorised officer;
    3. seeking healthcare or medical services, Covid-19 detection test, immunisation or emergency treatment must restrict his movement to a place within a radius of not more than 10 kilometres from his residence, or to a place nearest to his residence which is outside the 10-kilometre radius if such services are not available at a place within the 10-kilometres radius, and may be accompanied by not more than two persons;
    4. moving to purchase any goods or procure any essential services, other than to purchase food, beverages, medicine, dietary supplement or daily necessities or to seek healthcare or medical services, Covid-19 detection test, immunisation or emergency treatment, shall provide the necessary proof as requested by an authorised officer;
    5. moving for the purpose of providing any essential services or perform any duty in relation to any essential services shall provide the necessary proof as required by an authorised officer;
    6. performing any official or judicial duty shall produce an authorisation letter from his employer, if required by an authorised officer;
    7. providing humanitarian aid to any person affected by any natural disaster shall provide the necessary proof as requested by an authorised officer and may be accompanied by any other person subject to any directions issued by the Director General;
    8. attending learning or performing any duty at any learning institution, shall provide the necessary proof as requested by an authorised officer;
    9. 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 requested by an authorised officer and may be accompanied by a mother, father or guardian; and
    10. moving due to a special or 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.1

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.2

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.3

Special provision relating to control of movement within the State of Sarawak

The movement control measures for the purpose of preventing and controlling the spread of Covid-19 within the State of Sarawak shall be as directed by the Director General.4

Comments

The prohibitions and restrictions imposed under the Movement Control No. 2 Regulations are substantially similar to those under the previous Movement Control No. 1 Regulations except for the following -

  1. the list of prohibited activities under the Movement Control No. 1 Regulations has been replaced with a list of essential services;
  2. the 10-kilometres rule is imposed on a person moving from one place to another to purchase food, beverages, medicine, dietary supplement or daily necessities or to seek healthcare or medical services;
  3. a person may move from one place to another to seek a Covid-19 detection test, immunisation or emergency treatment; and
  4. no person is to be involved in any gathering in any premises within any infected local area whether for religious, sports, recreational, social or cultural purpose.

With the number of new Covid-19 cases in Malaysia continuing to hit record highs and the increasing number of fatalities from Covid-19 infections, it is evident that the country is struggling to contain the third Covid-19 wave which is putting the healthcare system under severe strain.

It remains to be seen whether the Malaysian Government's decision to prioritise the economy by allowing many economic sectors to continue operating during this "lockdown" is a step in the right direction in light of the country's worsening Covid-19 situation.

Footnotes

1. Regulation 11 of the Movement Control No. 2 Regulations.

2. Regulation 12 of the Movement Control No. 2 Regulations.

3. Regulation 13 of the Movement Control No. 2 Regulations.

4. Regulation 14 of the Movement Control No. 2 Regulations.

Originally published 03 June 2021

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.