Recovery MCO measures gazetted into law
Health Minister Dr Adham Baba (above) yesterday signed into effect regulations under the Prevention and Control of Infectious Diseases (Measures Within Infected Local Areas) (No 7) Regulations 2020 which take effect from today (June 10) until Aug 31, 2020. The regulations are set to last for the duration of the recovery movement control order (MCO) phase as announced by Prime Minister Muhyiddin Yassin on Sunday.
Among the prohibited activities citied in the regulations are:
1) The organising of sports events and tournaments;
2) Contact sports;
3) Water theme park and water park activities;
4) 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 [Act 482]), except for the training of national athletes participating in the Tokyo Olympic Games 2020;
5) Outbound tour activities by a citizen and inbound tour activities involving foreign tourists entering Malaysia;
6) Activities in karaoke centres, children’s playgrounds in shopping malls, and family entertainment centres;
7) Activities in pubs and night clubs, except for restaurant businesses in pubs and night clubs;
8) Fitting of clothes, using fitting rooms in clothes stores, trying on fashion accessories in stores, and providing cosmetic testers in stores;
9) Reflexology and massage activities in a health and beauty establishment;
10) Cruise ship activities; and
11) 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 Health director-general (DG) Dr Noor Hisham Abdullah.
"These regulations shall apply to infected local areas declared under the Prevention and Control of Infectious Diseases (Declaration of Infected Local Areas) Order 2020 [P.U. (A) 87/2020] as extended from time to time," the gazette states.
Aside from the prohibited activities, the regulations state that no person shall enter or exit a place that is subject to an enhanced movement control order, except any person who is providing healthcare and medical services or is given permission by an authorised officer.
The regulations also forbid processions, stating "No person shall in any way participate or be involved in any procession."
Religious gatherings at places of worship are still subject to the directions of the Health DG.
As for public transport, the maximum capacity of passengers that may be carried on any land, sea or air public transport, a holder of any land, sea or air public transport licence or permit to carry passengers shall ensure that the public transport relating to his licence or permit carries such number of passengers as subject to the direction of the Health DG.
Under the gazette, any citizen, permanent resident of Malaysia, expatriate or members of diplomatic corps, or any other foreigner permitted by the Immigration DG who enters Malaysia from overseas must undergo a health examination upon arrival before proceeding for immigration clearance at any point of entry and is required to comply with any direction of an authorised officer.
Should they be directed to undergo home quarantine, the person shall wear a wristband provided by the authorised officer.
An authorised officer may also request any information relating to the prevention and control of infectious disease from any person or body of persons.
As covered under religious gatherings and public transport, the DG may issue any direction in any manner, whether generally or specifically, to any person or group of persons to take such measures for the purpose of preventing and controlling any infectious disease, including any direction to any person or group of persons carrying out, organising, undertaking, or who is otherwise involved in any activity other than a prohibited activity as specified.
According to the gazette, anyone who contravenes any provision of the regulations or any direction of the DG or an authorised officer shall, on conviction, be liable to a fine not exceeding RM1,000 or to imprisonment for a term not exceeding six months, or to both.
In the event that any person who commits an offence under these regulations is part of a company, limited liability partnership, firm, society or other body of persons, a person who at the time of the commission of the offence was a director, compliance officer, partner, manager, secretary or other similar officers of the company, limited liability partnership, firm, society or other body of persons or was purporting to act in the capacity or was in any manner or to any extent responsible for the management of any of the affairs of the company, limited liability partnership, firm, society or other body of persons or was assisting in its management - they may be charged separately or jointly in the same proceedings with the company, limited liability partnership, firm, society or other body of persons.
A company, limited liability partnership, firm, society or other body of persons found guilty of the offence shall be deemed to be guilty of that offence and shall be liable to the same punishment or penalty as an individual, unless they prove that the offence was committed without their consent or connivance and that they had taken all reasonable precautions and exercised due diligence to prevent the commission of the offence.
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