COVID-19 > The NEW laws that came into being - NOTHING MUST BE DONE AGAINST THE LAW?

COVID -19, Many are concerned about the NEW LAWS that are in force at the present moment. 

After all, the government cannot do as it pleases UNLESS there are laws that empower them to do so. 

The most important is the Prevention and Control of Infectious Diseases Act 1988, whereby at the moment there is one Order (PU(A) 87/2020), one Regulation(PU(A) 91/2020) and one Declaration[PU(B) 179/2020], all of which are laid out below for your information. The first Order and Regulation, will expire on 31/3/2020, and we expect these laws to be extended soon possibly until 14/4/2020.

There have also been other orders/regulations under other laws - which I have just listed(maybe not all) with some comment about what I believe it covers that is relevant...I may be wrong

PREVENTION AND CONTROL OF INFECTIOUS DISEASES ACT 1988

PREVENTION AND CONTROL OF INFECTIOUS DISEASES (DECLARATION OF INFECTED LOCAL AREAS) ORDER 2020 (In force from 18/3/2020) - PU(A) 87/2020

Preamble

IN exercise of the powers conferred by section 11 of the Prevention and Control of Infectious Diseases Act 1988 [Act 342], the Minister makes the following order:

1  Citation and commencement


(1) This order may be cited as the Prevention and Control of Infectious Diseases (Declaration of Infected Local Areas) Order 2020.
(2) This Order has effect for the period from 18 March 2020 to 31 March 2020.

2  Declaration of infected local areas

The Minister, after being satisfied that all States and Federal Territories in Malaysia are threatened with an epidemic of an infectious disease namely Covid-19, a life threatening microbial infection as specified in Part I of the First Schedule to the Act, declares those States and Federal Territories as specified in the Schedule to be infected local areas.

SCHEDULE


Johore
Kedah
Kelantan
Malacca
Negeri Sembilan
Pahang
Penang
Perak
Perlis
Sabah
Sarawak
Selangor
Terengganu
Federal Territory of Kuala Lumpur
Federal Territory of Putrajaya
Federal Territory of Labuan

PREVENTION AND CONTROL OF INFECTIOUS DISEASES (MEASURES WITHIN THE INFECTED LOCAL AREAS) REGULATIONS 2020 (In Force from 18/3/2020)PU(A) 91/2020
 
Preamble

IN exercise of the powers conferred by subsection 11(2) of the Prevention and Control of Infectious Diseases Act 1988 [Act 342], the Minister makes the following regulations:

1  Citation and commencement


(1) These regulations may be cited as the Prevention and Control of Infectious Diseases (Measures within the Infected Local Areas) Regulations 2020.

(2) These Regulations have effect for the period from 18 March 2020 to 31 March 2020.

2  Interpretation


In these Regulations—

"infected local area" means any area declared to be infected local area under the Prevention and Control of Infectious Diseases (Declaration of Infected Local Areas) Order 2020 [P.U. (A) 87/2020];
"essential services" means the services as specified in the Schedule.

3  Control of movements and gatherings


(1) No person shall make any journey from one place to another place within any infected local area except for the following purposes:

(a) to perform any official duty;
(b) to make a journey to and from any premises referred to in regulation 5;
(c) to purchase, supply or deliver food or daily necessities;
(d) to seek healthcare or medical services; or
(e) any other special purposes as may be permitted by the Director General.

(2) No person shall gather or be involved in any gathering within any infected local area whether for religious, sports, recreational, social or cultural purpose.
(3) Notwithstanding subregulation (2), a person may gather or be involved in a gathering for purpose of funeral ceremony provided that the number of attendees to such ceremony shall be kept to the minimum.
(4) No person shall make a journey from one infected local area to another infected local area except with the prior written permission of a police officer in charge of a police station.

4  Requirement to undergo health examination upon arrival in Malaysia

A citizen or permanent resident of Malaysia returning from overseas shall undergo health examination upon arrival in Malaysia before proceeding for immigration clearance at any point of entry and shall comply with any order issued by an authorized officer.

5  Essential services


(1) Any premises providing essential services may be opened provided that the number of personnel and patron at the premises shall be kept to the minimum.
(2) Any premises not providing essential services may be opened provided that the owner or occupier of the premises obtains the prior written permission of the Director General and the Director General may impose any conditions as he thinks fit.
(3) Any premises involved in food supply chain or in selling food and beverages by way of drive-through, take away and delivery may be open subject to any conditions imposed by the Director General as he thinks fit.

6  Request for information


Where an authorized officer requests for any information relating to prevention and control of infectious disease from any person, the person shall comply with the request.

7  Offence


(1) Any person who contravenes any provision of these Regulations commits an offence and shall, on conviction, be liable to a fine not exceeding one thousand ringgit or to imprisonment for a term not exceeding six months or to both.

(2) If an offence is committed by a body corporate, any person who, at the time of the commission of the offence was a director, manager, secretary or other similar officer of the body corporate or was purporting to act in any such capacity or was in any manner or to any extent responsible for the management of any of the affairs of the body corporate or was assisting in such management—

(a) may be charged severally or jointly in the same proceedings with the body corporate; and
(b) where the body corporate is found guilty of the offence, shall be deemed to be guilty of that offence unless, having regard to the nature of his functions in that capacity and to all circumstances, he proves—

(i) that the offence was committed without his knowledge, consent or connivance; and
(ii) that he took all reasonable precautions and had exercised due diligence to prevent the commission of the offence.

[Regulation 2]
 
ESSENTIAL SERVICES

1. Banking and finance
2. Electricity and energy
3. Fire
4. Port, dock and airport services and undertakings, including stevedoring, lighterage, cargo handling, pilotage and storing or bulking of commodities
5. Postal
6. Prison
7. Production, refining, storage, supply and distribution of fuel and lubricants
8. Healthcare and medical
9. Solid waste management and public cleansing
10. Sewerage
11. Radio communication including broadcasting and television
12. Telecommunication
13. Transport by land, water or air
14. Water
15. E-commerce
16. Defense and security
17. Food supply
18. Wildlife
19. Immigration
20. Customs
21. Hotels and accommodations
22. Any services or works determined by the Minister as essential or critical to public health or safety
 
DECLARATION OF QUARANTINE STATIONS (NO. 2) 2020 [PU(B) 179/2020] (In force from 22/3/2020)
Preamble


IN exercise of the powers conferred by section 2 of the Prevention and Control of Infectious Diseases Act 1988 [Act 342], the Minister declares the places specified in the Schedule as quarantine stations.
 SCHEDULE
 

JADUAL/SCHEDULE 1.Institut Kemahiran Belia Negara Kuala Perlis, Perlis2.Institut Kemahiran MARA Beseri, Perlis3.Institut Pendidikan Guru, Kampus Perlis, Kangar, Perlis4.Institut Latihan Perindustrian Kangar, Perlis5.Kem Bina Negara Kaki Bukit, Perlis6.Kolej Komuniti Arau, Perlis7.Politeknik Tuanku Syed Sirajuddin, Arau, Perlis8.Akademi Koreksional Malaysia, Langkawi, Kedah9.Akademi Kastam Diraja Malaysia (Cawangan Langkawi), Kedah10.Akademi Pengangkutan Jalan Malaysia Wilayah Utara, Langkawi, Kedah11.Institut Akuakultur Marin Pulau Sayak Kedah, Kedah12.Institut Aminuddin Baki Cawangan Utara, Jitra, Kedah13.Institut Tadbiran Awam Negara Wilayah Utara, Sungai Petani, Kedah14.Institut Kemahiran Belia Negara Jitra, Kedah15.Institut Kemahiran Belia Negara Naka, Kuala Nerang, Kedah16.Institut Kemahiran MARA Alor Setar, Kedah17.Institut Kemahiran MARA Sik, Kedah18.Institut Kemahiran MARA Sungai Petani, Kedah19.Institut Latihan Kementerian Kesihatan Malaysia Alor Setar (Pembantu Perubatan), Kedah 20.Institut Latihan Perindustrian Jitra, Kedah21.Institut Pendidikan Guru, Kampus Darulaman, Jitra, Kedah22.Institut Pendidikan Guru, Kampus Sultan Abdul Halim, Sungai Petani, Kedah23.Institut Pengurusan Peladang, Langkawi, Kedah24.Pusat Pembangunan Kemahiran Industri dan Pengurusan, Sungai Petani, Kedah25.Kem Bina Negara Kulim, Kedah26.Kem Bina Negara Langkawi, Kedah27.Kolej Komuniti Bandar Darul Aman, Jitra, Kedah28.Kolej Komuniti Jerai, Guar Chempedak, Kedah29.Kolej Komuniti Kulim, Kedah30.Kolej Komuniti Langkawi, Kedah31.Kolej Komuniti Padang Terap, Kuala Nerang, Kedah32.Kolej Komuniti Sungai Petani, Kedah...there are many here, and I have not listed all......
406.Rumah Rehat Kerajaan, Ranau, Sabah407.Rumah Rehat Majlis Daerah Kinabatangan, Sabah408.Institut Latihan Perindustrian Labuan, Wilayah Persekutuan Labuan409.Rumah Transit Hospital Labuan, Labuan, Wilayah Persekutuan Labuan

 

Some other new laws/regulations related to Covid-19 under other Ministries or laws are as follows:-

CONTROL OF SUPPLIES (PROHIBITION ON EXPORT) (AMENDMENT) REGULATIONS 2020 PU(A) 88/2020 (In force from 18/3/2020) - about face masks, including surgical masks

WEIGHTS AND MEASURES (AMENDMENT) REGULATIONS 2020 PU(A) 89/2020 (In force from 1/4/2020) - it looks like it basically increases the maximum fine from RM1,000 to RM25,000

WEIGHTS AND MEASURES (COMPOUNDING OF OFFENCES) (AMENDMENT) REGULATIONS 2020PU(A) 90/2020 (In force from 1/4/2020)

CUSTOMS (PROHIBITION OF EXPORTS) (AMENDMENT) (NO. 2) ORDER 2020PU(A) 92/2020 (In force from 20/3/2020) - This basically prohibiting export of face masks

PRICE CONTROL AND ANTI-PROFITEERING (DETERMINATION OF MAXIMUM PRICE) (NO. 2) ORDER 2020 (PU(A) 93/2020) (In force from 20/3/2020) - it seems to fix the maximum wholesale and retail prices for basically face masks.

CUSTOMS (ANTI-DUMPING DUTIES) (NO. 2) ORDER 2020 [PU(A) 94/2020] (in force from 21/3/2020) 

ROAD TRANSPORT (PROHIBITION OF USE OF ROAD) (CITY OF KUALA LUMPUR) (NO. 3) ORDER 2020 PU(A) 95/2020 (In force from 21/3/2020) - prohibits usage of some roads...Section 2 Prohiubitions state, 'The driving of vehicles specified in column (3) of the First Schedule on the part of the road specified in column (1) of the First Schedule as shown on the map in the Second Schedule, otherwise than on the routes specified in column (2) of the First Schedule, for the period specified in column (4) of the First Schedule, is prohibited.'

Under the PU(B), there were a few, but I have just highlighted what may be relevant for this COVID-19 restriction period. I may have missed out some.

NOTICE UNDER SECTION 70 (In force 18/3/2020) - prohibition in driving in some road in Negeri Sembilan after 1/4/2020.

NOTICE OF EXTENSION OF PERIOD OF OBJECTION (PU(B) 178/2020)(In force from 19/3/2020) -

extends the last date for making objections and representations in respect of the draft Kuala Lumpur Structure Plan 2040 referred to in the Notice of Preparation of Draft Structure Plan for the Federal Territory of Kuala Lumpur [P.U. (B) 116/2020] to 18 April 2020. Are you aware of this right to object...I did not see much news on this, did you? SURELY, there ought to be a FURTHER EXTENSION for people to object ...it should be at least one(1) month after the end of all Restrictions of Movement...