PUTRAJAYA cannot impose the conditional movement control order (CMCO) as federal and state governments have joint jurisdiction on matters of public health and disease prevention, said DAP veteran Lim Kit Siang.

Lim, who is also Iskandar Puteri MP, said this is provided for under the federal constitution while he criticised International Trade and Industry Minister Mohamed Azmin Ali for threatening states not adhering to the CMCO that began yesterday.

“Azmin is not conversant with the Malaysian constitution. 

“He should pay heed to the statement by the chairman of the parliamentary select committee on federal/state relations Hassan Abdul Karim, who said federal and state governments are jointly given power on health matters under the ninth schedule of the constitution.

“Matters of public health and prevention of diseases appear under the concurrent list, meaning both federal and state governments have joint jurisdiction on these matters.”

Azmin last night said the decision by several states to reject or defer implementation of the CMCO, which allows majority of economic sectors to resume operations, could expose them to suits from industry players.

Lim said Putrajaya cannot solely rely on the Prevention and Control of Infectious Diseases Act 1988 (Act 342) to force states to follow the federal government’s decision.

He added that although Azmin said chief ministers and menteri besar had been at a National Security Council meeting on April 28 about the CMCO, no consensus was reached about its implementation.

“No consensus was reached at that meeting as to how the various economic sectors would be re-opened under the CMCO to provide for a phased lifting and soft-landing exit plan.

“A second meeting of chief ministers and menteri besar should have been held before the lifting of the MCO and the imposition of the CMCO on May 4.

“This is what Azmin should do now instead of issuing a dubious legal threat last night,” said Lim. – May 5, 2020.