SELANGOR has defended its constitutional and legal right to not fully adopt Putrajaya’s conditional movement control order (CMCO), while Penang has dared the federal government to sue for not following the order which began yesterday.

Selangor executive councillor Teng Chang Khim said the state list and the concurrent list under the Ninth Schedule of the federal constitution empowers state governments to instruct businesses not to resume operations.

Local government power to oversee business operations is on the state list, while public health sanitation and prevention of diseases are on the concurrent list.

“There is no conflict or inconsistency whatsoever in the concurrent enforcement of the CMCO and the additional conditions imposed by the state government through local governments.

“The CMCO and the Local Government Act should be harmoniously read together to ensure the success of protecting the people from the infection of the coronavirus,” Teng, who chairs the state committee on investment, industry and commerce and small and medium enterprises, said in a statement today.

He was responding to Senior Minister and International Trade and Industry Minister Mohamed Azmin Ali, who last night said state governments who did not fully adopt the federal government’s CMCO were in defiance of the law and could be sued by industry players who want to reopen for business.

Under the CMCO announced last Friday, most economic sectors are allowed to resume operations yesterday provided that businesses followed procedures to curb the spread of Covid-19.

Selangor decided to further restrict the number and types of businesses allowed to operate.

It also requires construction sites to submit health safety plans before receiving approval from the local authority, and has continued banning the use of public parks and dine-in at restaurants.

Teng said the state’s additional conditions were about implementing “soft-landing measures before the lifting of the MCO or the CMCO”.

Penang Chief Minister Chow Kon Yeow, meanwhile, said the state and he were ready to be sued for protecting the lives of Penang citizens.

Penang has decided to implement the CMCO in phases instead of allowing sectors to restart in one day, and is preparing guidelines for industries in the meantime. 

“Azmin should not threaten state governments but engage us respectfully in a strategic manner to help restore the country’s economy.

“It’s up to Azmin to decide if he wants to work with us or not,” Chow said at a press conference today in Penang today. – May 5, 2020.