Frequently Asked Questions (FAQ):

Laws Relating To COVID-19 Movement Control Orders In Malaysia ^[1]

By Chu Ai Li, Partner of Azman Davidson & Co.

1. Did Malaysia have to enact any new law or was there already an existing law for the Malaysian government to impose the movement control orders relating to the COVID-19 pandemic?

Malaysia did not have to enact any new law as there was already an existing statute, the Prevention and Control of Infectious Diseases Act 1988 (Act 342).

2. Which provisions of the Prevention and Control of Infectious Diseases Act 1988 allow the Malaysian government to impose movement control orders relating to the COVID-19 pandemic?

Section 11(1) of the Prevention and Control of Infectious Diseases Act 1988 (“the Act”) provides that the Minister of Health may declare an area in Malaysia to be an “infected local area” if he is satisfied that there is an outbreak of infectious disease in that area or that area is threatened with an epidemic of an “infectious disease”.  Section 11(2) of the Act further provides that the Minister may by regulations made under the Act prescribe measures to be taken to control or prevent the spread of the infectious disease within or from the infected local area.  Various Regulations were made under the Act from March until August 2020 to control or prevent the spread of COVID-19, including measures to regulate the movement of persons within and to and from infected local areas.

3. Which areas in Malaysia were declared by the Minister of Health to be infected local areas affected by the COVID-19 pandemic?

On 16 March 2020, the Minister of Health by an order named Prevention and Control of Infectious Diseases (Declaration of Infected Local Areas) Order 2020 (P.U.(A) 87) (“the Order”) declared all states and all federal territories in Malaysia to be infected local areas as they are “threatened with an infectious disease namely Covid-19, a life-threatening microbial infection as specified in Part 1 of the First Schedule to the Act”^[2].  The Order is for the period commencing from 18 March 2020 and currently extended until 31 December 2020^[3].  

This is the list of states and federal territories declared as infected local areas under the Order:

4. What kinds of regulations were made under the Prevention and Control of Infectious Diseases Act 1988 for the infected local areas threatened by COVID-19?

The regulations made under the Act control the movement of persons and the undertaking of activities in the infected local areas, including:

• Control of movement of persons within infected local areas and to and from infected local areas
• Gathering and procession of persons
• Prohibition of specific activities

The regulations also confer power on authorised officers to issue directions to persons entering Malaysia from overseas, such as to undergo health examinations and quarantine.

The most stringent of the regulations were found in the Prevention and Control of Infectious Diseases (Measures Within Infected Local Areas) Regulations 2020 (P.U.(A) 91) which were enforced from 18 March 2020 to 31 March 2020.  Under these first regulations, movement of persons was greatly restricted in that no person was allowed to make any journey from one place to another place within any infected local area (except for very limited purposes^[4]) or to make a journey from one infected local area to another infected local area.  Further, no persons were allowed to be involved in any gathering.  Only premises that provided essential services could open, and premises that did not provide essential services could only open if they had obtained prior written permission of the Director General of Health.

Over time, the strictness of the control exerted through the Regulations eased.  The latest Regulations are Prevention and Control of Infectious Diseases (Measures Within Infected Local Areas) (No. 8) Regulations 2020 (P.U.(A) 254) (“Regulations no. 8”).  In the Regulations no. 8, there is no restriction on movement except for:

• Movement to and from places subject to “enhanced movement control order^[5]” (Regulation 4)
• Movement across districts in Sabah (Regulation 4A)^[6]
• Movement from Sabah to Sarawak, Labuan and Peninsula Malaysia (Regulation 4B)^[7]
• Movement into and from a place subject to “conditional movement control order^[8]” (Regulation 3A)^[9]

There is no general prohibition on gathering of persons; Regulation 6 provides that persons may gather “subject to such directions of the Director General issued under regulation 10”.  Further, there is no prohibition on any economic or social activities except for the prohibited activities as specified in the Schedule^[10].

5. Are there any provisions in the Prevention and Control of Infectious Diseases Act 1988 for issuance of “standard operating procedures” (SOPs)?

There is no specific provision under the Act for issuance of SOPs.  However, there are provisions in the Act and the Regulations for issuance of directions.

Section 11(3) of the Act provides that during the continuance in force of an order under Section 11(1), it shall be lawful for any “authorised officer” to direct any persons living in an infected local area to subject themselves to, (a) treatment or immunisation; (ii) isolation, observation or surveillance; and (c) any other measures the authorised officer considers necessary to control the disease. 

Regulation 10 of the Regulations no. 8 provides that the Director General of Health may issue any direction in any manner to any persons to take measures for purpose of preventing and controlling infectious disease.

6. Who can issue directions under the Prevention and Control of Infectious Diseases Act 1988 or its Regulations?

The “authorised officer” under Section 11(3) of the Act, and the Director General of Health under Regulation 10 of the Regulations no. 8.

7. Who is the “authorised officer” under Section 11(3) of the Prevention and Control of Infectious Diseases Act 1988?

Section 2(1) of the Act defines “authorised officer” as “any Medical Officer of Health, any health inspector, or any officer appointed by the Minister under Section 3”.

8. Is it an offence if I do not comply with directions issued under the Prevention and Control of Infectious Diseases Act 1988 or its Regulations?

Yes, it is.  Section 11(5) of Act provides that any person who refuses to comply with any direction issued under Section 11(3) commits an offence.  Regulation 11(1) of the Regulations No. 8 provides that any person who contravenes any direction of the Director General of Health or an authorised officer commits an offence, and shall, on conviction, be liable to a fine not exceeding RM1,000.00 or to imprisonment for a term not exceeding 6 months or to both.

[1] The laws as at 30 October 2020.

[2] However, interestingly, Part 1 of the First Schedule of the Act was only amended to include “Coronavirus Disease 2019 (COVID-19)” on 9 June 2020 via Prevention and Control of Infectious Diseases (Amendment of First Schedule) Order 2020 (P.U.(A) 179).

[3] Refer to Prevention and Control of Infectious Diseases (Declaration of Infected Local Areas) (Extension of Operation) (No. 6) Order 2020 (P.U.(A) 253).

[4] Regulation 3(1) lists the purposes as (a) to perform any official duty; (b) to make a journey to and from any premises providing “essential services” as listed in the Schedule to the Regulations; (c) to purchase, supply or deliver food or daily necessities; (e) to seek healthcare or medical services; or (e) any other special purposes as may be permitted by the Director General of Health.

[5] Regulation 4(2) provides that “enhanced movement control order” refers to a direction given by an authorised officer under section 11(3) of the Act.

[6] Regulation 4A was inserted by Prevention and Control of Infectious Diseases (Measures Within Infected Local Areas) (No. 8) (Amendment) Regulations 2020 (P.U.(A) 292), currently in force from 3 October 2020 until 9 November 2020.

[7] Regulation 4B was inserted by Prevention and Control of Infectious Diseases (Measures Within Infected Local Areas) (No. 8) (Amendment) (No. 2) Regulations 2020 (P.U.(A) 297), in force from 12 October 2020 until the extended date of 9 November 2020 (by virtue of Prevention and Control of Infectious Diseases (Measures Within Infected Local Areas) (No. 8) (Amendment) (No. 3) Regulations 2020 (P.U.(A) 310)).

[8] Regulation 3A(2) provides that “conditional movement control order” refers to a direction given by an authorised officer under section 11(3) of the Act.

[9] Regulation 3A was inserted by Prevention and Control of Infectious Diseases (Measures Within Infected Local Areas) (No. 8) (Amendment) (No. 2) Regulations 2020 (P.U.(A) 297).

[10]  The activities are: (1) sports event and tournament with spectators or with participants from overseas; (2) outbound tour activities and inbound tour activities except foreign tourists from countries as specified by the Minister; (3) activities in pubs and night clubs, except restaurant business; (4) any activities with many people in attendance at a place making it difficult to carry out social distancing and to comply with directions of the Director General of Health.