A JOKE WHEN THE GOVERNMENT IS PREVENTING PEOPLE FROM MOVING AROUND ...'SOCIAL DISTANCING' ...WHEN SOME COMPANIES/BUSINESSES NOT PROVIDING 'ESSENTIAL SERVICES' ARE STILL OPERATING - Why are these Directors/Owners are not being arrested and charged in court? They should be sentenced to prison because what they do put so many workers(and their families) at risk of being infected by Covid-19, which can also kill people...
Companies not involved in providing essential services were required to shut down and not continue operations during the MCO(Movement Control Order) PERIOD.
This was very clear in the first regulations[PU(A) 91/2020] that ended on 31/3/2020, and it was there in section 5 of the said regulations.[See old regulations[PU(A) 91/2020] in COVID-19 - The NEW laws that came into being - NOTHING MUST BE DONE AGAINST THE LAW? and new Regulations[P.U. (A) 109/2020] in The MCO Regulations (in English and Malay) that apply now - Read and know your rights? Can action be still taken against employers operating?
This was very clear in the first regulations[PU(A) 91/2020] that ended on 31/3/2020, and it was there in section 5 of the said regulations.[See old regulations[PU(A) 91/2020] in COVID-19 - The NEW laws that came into being - NOTHING MUST BE DONE AGAINST THE LAW? and new Regulations[P.U. (A) 109/2020] in The MCO Regulations (in English and Malay) that apply now - Read and know your rights? Can action be still taken against employers operating?
If a company/business not allowed by law to operate breaks the law, then the Company, and even all its Directors, Owners, ...'director, manager, secretary or other similar officer of the body
corporate' can all also be found GUILTY of breaking the law... but when this 'section 5'(or Regulation 5) is missing in the new Regulations[P.U. (A) 109/2020], was it done intentionally to protect BOSSES...? The sentence now can also be imprisonment for a term not exceeding six months....
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.
YES, in the new The Prevention and Control of Infectious Diseases (Measures within Infected Local Areas) (No. 2) Regulations [P.U. (A) 109/2020], this section is not there meaning that now if company/business not providing essential services still operate, it may no longer be an offence? And, these companies. its Directors, etc cannot anymore be charged in Court?
HOPEFULLY, the government will immediately REMEDY this - please enact and make it a crime for companies not providing 'essential service' or that got an exemption of the DG of Health a crime. This is most needed for all workers concerned.
If the companies/business, that should not be operating carries on, it means workers will have to go to work - and if, workers do not turn up for work, they can be terminated...OR if they travel to work, they may be arrested and charged for violation of the MCO...Workers in a difficult position.
WHERE IS THE LIST OF COMPANIES/BUSINESS ALLOWED TO OPERATE DURING THE MCO - THIS IS VERY IMPORTANT FOR WORKERS TO BE ABLE TO CHECK...and not simply listen to employers who tell them to get back to work? Gazette the FULL list of companies/businesses allowed to continue to operate?
ANOTHER POSSIBLE REASON WHY 'Section 5' is missing from new regulations?
Despite the clear LAW about which business that provide 'essential services' can continue to operate ...any other business can operate BUT only if they get PRIOR written exemption from the Director General of Health.
Some Ministers/Ministries like the International Trade and Industry Minister Datuk Seri Mohamed Azmin Ali and the Plantation Industries and Commodities Minister Datuk Dr Mohd Khairuddin Aman Razali have been 'exempting' certain companies and sectors, that may not be providing essential services, as listed in the regulations and orders applicable during MCO. Did they get the approval of the DG Health? If not, their actions may be against the current MCO applicable laws, and these Ministers too ought to be prosecuted and charged in court...Not doing so, and according 'special treatment' to these Ministers, Menteri Besars/ Chief Menisters, etc is just not right. Maybe, our Public Prosecutor will do the needful...
Azmin Ali - Prioritize Workers Health during Covid-19 MCO - Do not simply recomend exemption of businesses? 4,000 exempted?
Covid dan Pekerja - Hanya Menteri Kesihatan boleh keluarkan arahan?Tak boleh operasi sehingga dapat pengecualian Menteri? - Plantation, commodity sectors exempted from Movement Restriction Order...
Another reason why that section 5 is not in the new Regulations, could be because that very clearly gave only the Director General of Health the power to EXEMPT companies not providing essential services to operate - did the PN government want to give that power to other Ministers like Azmin Ali[MITI] or the Minister Plantation[] or other Ministers or State Governments to give exemption...? An explanation by the Prime Minister and government is needed.
WHY ARE COMPANIES NOT PROVIDING LISTED 'ESSENTIAL SERVICES' OPERATING DURING MCO?Now, we hear that '...that
in the Peninsula Malaysia timber industry alone there are 156 sawmills
that have been exempted from the Movement Control Order (MCO), and a
further 41 sawmills in Sarawak...' -Unions call for mandatory testing for all workers for exempted sites (BWI-MLC)
EVERY BUSINESS WANTS TO OPERATE AND EARN INCOME - BUT THE NEEDED ACTIONS TO CURB THE SPREAD OF COVID-19 ARE MAKING ALL OF THEM STAY AT HOME AND THEIR BUSINESSES SUFFER...
Hope that the Minister and Government will do the needed amendment to the new Regulations, and re-insert Section 5 that prevents businesses/companies from operating during MCO period, unless they provide 'essential services' or gets exemption from the DG of Health...
Hope that the Minister and Government will do the needed amendment to the new Regulations, and re-insert Section 5 that prevents businesses/companies from operating during MCO period, unless they provide 'essential services' or gets exemption from the DG of Health...
Some other relevant applicable laws, including the additional list of 'essential services'...
PREVENTION AND CONTROL OF INFECTIOUS DISEASES (MEASURES WITHIN INFECTED LOCAL AREAS) (NO. 2) (AMENDMENT) REGULATIONS 2020
PU(A) 112/2020 (In force from 3/4/2020)
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 Infected Local Areas) (No. 2) (Amendment) Regulations 2020.
(2) These Regulations come into operation on 3 April 2020.
2 Amendment of Schedule
The Prevention and Control of Infectious Diseases (Measures within Infected Local Areas) (No. 2) Regulations [P.U. (A) 109/2020] are amended in the Schedule by inserting after paragraph 9 the following paragraphs:
“9A. Transportation by land, water or air
9B. Port, dock and airport services and undertakings, including stevedoring, lighterage, cargo handling, and pilotage, and storing or bulking of commodities
9C. Production, refining, storage, supply and distribution of fuel and lubricants
9D. Hotels and accommodations
9e. Any services or works determined by the Minister as important or critical to public health or safety”.
PREVENTION AND CONTROL OF INFECTIOUS DISEASES (COMPOUNDING OF OFFENCES) (AMENDMENT) (NO. 2) REGULATIONS 2020 - PU(A) 111/2020
Preamble
IN exercise of the powers conferred by section 31 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 (Compounding of Offences) (Amendment) (No. 2) Regulations 2020.
(2) These Regulations come into operation on 1 April 2020.
2 Amendment of First Schedule
The Prevention and Control of Infectious Diseases (Compounding of Offences) Regulations 1993 [P.U. (A) 327/1993] are amended in the First Schedule by inserting after paragraph 4 the following paragraph:
“5. All offences under the Prevention and Control of Infectious Diseases (Measures within Infected Local Areas) (No. 2) Regulations 2020 [P.U. (A) 109/2020].”.Note (My comments) -
1- Compound - here the authority makes an offer to compound, and the 'wrongdoer' has a choice to accept and pay(or NOT) - if accept, no charging in court, if do not, one will be charged in court;
2- Previous Compoundable offences, and new one now in RED under Schedule 1 of The Prevention and Control of Infectious Diseases (Compounding of Offences) Regulations 1993 [P.U. (A) 327/1993]
1. Subseksyen 10(2)
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Pengamal perubatan tidak memberikan notis dalam borang ditetapkan
di bawah Peraturan-Peraturan Pencegahan dan Pengawalan Penyakit
Berjangkit (Borang Notis) 1993 tentang wujudnya penyakit
berjangkit.
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2. Perenggan 22 (c)
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Enggan memberi maklumat yang dikehendaki di bawah
Peraturan-Peraturan Pencegahan dan Pengawalan Penyakit Berjangkit
(Borang Notis) 1993.
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3. Perenggan 22 (d)
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Memberi maklumat palsu di bawah Peraturan-Peraturan Pencegahan
dan Pengawalan Penyakit Berjangkit (Borang Notis) 1993.
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4. Semua kesalahan di bawah Peraturan-Peraturan Pencegahan dan
Pengawalan Penyakit Berjangkit (Langkah-Langkah di dalam Kawasan
Tempatan Jangkitan) 2020 [P.U. (A) 91/2020].
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4. I believe that Ministers or employers who breach the the MCO should not be compounded - for what they did puts at RISK so many workers and their families, and they should be charged in court. Those who went jogging, went out unnecessarily ...etc - they could be compounded maybe.
NEW LIST OF ESSENTIAL SERVICES (as amended) may now be :-
2. Water
3. Energy
4. Communication and internet
5. Security and defense
6. Solid waste and public cleansing management and sewerage
7. Healthcare and medical including dietary supplement
8. Banking and finance
9. E-commerce
9A. Transportation by land, water or air
9B. Port, dock and airport services and undertakings, including stevedoring, lighterage, cargo handling, and pilotage, and storing or bulking of commodities
9C. Production, refining, storage, supply and distribution of fuel and lubricants
9D. Hotels and accommodations
9e. Any services or works determined by the Minister as important or critical to public health or safety 10. Logistics confined to the provision of essential services
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