Various subsidiary legislation under Prevention and Control of Infectious Diseases Act 1988 issued on 13 January 2021

28 January 2021

Several regulations issued under Malaysia’s Prevention and Control of Infectious Diseases Act 1988 (“PCID Act 1988”) were published in the Federal Gazette on 12 January 2021.

Prevention and Control of Infectious Diseases (Measures within Infected Local Areas) (Movement Control) Regulations 2021 (“PCID MCO Measures Regulations”)

The PCID MCO Measures Regulations prescribe measures that are applicable to the states of Johor, Malacca, Penang, Sabah, Selangor, the Federal Territory of Kuala Lumpur, the Federal Territory of Putrajaya and the Federal Territory of Labuan. The regulations were in effect from 13 to 26 January 2021.

Some of the key provisions of the PCID MCO Measures Regulations are as follows: 

  • No person shall move within or across infected local areas (i.e. the states and federal territories) except for prescribed purposes which include purchasing food, medicine or daily necessities; seeking healthcare or medical services; performing any official duty; or providing any essential services. Essential services include sub-sectors under manufacturing and production, services, construction, distribution trading, farming and commodity and others as determined by the Minister of Health.
  • Movement for the purposes of preparing and sitting for any examination “determined” [sic] by the relevant authority at any learning institution is allowed.
  • If a person needs to move within or across infected local areas due to a special or particular reason, prior written permission must be obtained from the police station nearest to his residence.
  • People are prohibited from gathering or being involved in any gatherings within any infected local area whether for religious, sports, recreational, social or cultural purposes.
  • An authorised officer may direct an employer to cause his foreign employee to undergo a Covid-19 detection test to prevent and control the spread of Covid-19 at workplaces. The employer is liable for the costs or charges involved for the test.
  • The Director General of Health (“Health DG”) is empowered to issue any direction to any person or group of persons to take measures for the purpose of preventing and controlling any infectious diseases within any infected local area.

A person who contravenes any provision of the PCID MCO Measures Regulations or any directions of the Health DG or an authorised officer commits an offence and is liable to a fine not exceeding RM1,000 and/or imprisonment for a term not exceeding six months.

Prevention and Control of Infectious Diseases (Measures within Infected Local Areas) (Conditional Movement Control) Regulations 2021 (“PCID CMCO Measures Regulations”)

The PCID CMCO Measures Regulations prescribe measures that are applicable to the states of Kedah, Kelantan, Negeri Sembilan, Pahang, Perak and Terengganu, and have effect for the period from 13 to 26 January 2021. The PCID CMCO Measures Regulations provide, amongst other things that:

  • No person shall carry out, organise, undertake or otherwise be involved in specified prohibited activities, including outbound tour activities by a citizen, activities other than restaurant business in pubs and night clubs and any activity with many people in attendance at a place that makes it difficult to carry out social distancing.
  • Movement of persons from one infected local area to another infected local area except with the approval of the authorised officer is prohibited, which effectively means that inter-state travel is prohibited.

Prevention and Control of Infectious Diseases (Measures within Infected Local Areas) (Recovery Movement Control) Regulations 2021 (“PCID RMCO Measures Regulations”)

The PCID RMCO Measures Regulations prescribe measures that are applicable to the states of Perlis and Sarawak and are effective from 13 January 2021 to 31 March 2021. Most of the provisions are similar to the PCID CMCO Measures Regulations. However, under the PCID RMCO Regulations, any person may move to another infected local area subject to the directions of the Director General.

Prevention and Control of Infectious Diseases (Compounding of Offences) (Amendment) Regulations 2021 (“PCID Compounding Amendment Regulations”)

The PCID Compounding Amendment Regulations insert new compoundable offences under the First Schedule to the Prevention and Control of Infectious Diseases (Compounding of Offences) Regulations 1993. The offences that are compoundable under the PCID Act 1988 now include offences under the PCID MCO Measures Regulations, the PCID CMCO Measures Regulations and the PCID RMCO Measures Regulations.