Time for new regulations


AFTER the introduction of five regulations to enforce what is known as the movement control order (MCO), I think it’s time for the regulations to move away from their current shape and form.

It’s time for Regulation no. 6 – due to be published and come into force today – to be more specific in its provisions. The regulations in the UK and Singapore offer a model on which our regulations can take their form and shape. 

While it has to retain its citation as the Prevention and Control of Infectious Diseases (Measures Within Infected Local Area) Regulations – like its predecessors – it can be divided into four main parts:

• Part I: Preliminary (Commencement; Application; Definition)
• Part II: Restrictions on individuals (Restriction on movement and social gatherings)
• Part III: Restrictions on premises and businesses
• Part IV: Miscellaneous (includes offences)

Part I should start with the basic restriction that every person must not leave his place of residence or where he is living without reasonable excuse. “Reasonable excuse” may include:

• to obtain basic necessities (including food and medical supplies for those in the same place of residence (including any pets or animals in the household) and supplies for the essential upkeep, maintenance and functioning of the residence or to obtain money)
• to take exercise either alone or with other members of their household;
• to seek medical assistance;
• to provide care or assistance to a vulnerable person, or to provide emergency assistance;
• to donate blood;
• to travel for the purposes of work;
• to attend a funeral;
• to fulfil a legal obligation, including attending court or satisfying bail conditions, or to participate in legal proceedings;
• to access essential services;
• in relation to children who live in the same residence to bring a child to any of the child’s grandparents or a child care centre for the care of the child and back to his residence;
• in relation to children who do not live in the same residence to continue existing arrangements for access to, and contact between, parents and children;
• to move house where reasonably necessary;
• to do anything reasonably connected with and for the purposes of the matters enumerated.

The list need not be exhaustive but it may not apply to a person who is homeless.

This part should include the prohibition that no person must permit any other individual to enter his place of residence for any reason other than as permitted under the regulations (which may be specified).

To be sure, this part should include prohibition of social gatherings between persons not living in the same place of residence. This should address medical experts’ fears that social gathering in a confined space may invite an unwelcome guest – an asymptomatic person.

The above is basically a stay at home regulation or order unless movement is permitted by the regulations.

Part II should provide for closure of premises unless otherwise permitted by the regulations. It should then provide for permitted businesses to operate or carry out business, incorporating the standard operating procedures (SOPs) laid down by the National Security Council. As such, the SOPs will have force of law and the country will no longer be a country of SOPs.

This part should provide the new normal – work from home unless otherwise permitted to work at permitted premises.

The regulations may include schedule or schedules on essential services and list of permitted businesses. – May 13, 2020.

* Hafiz Hassan reads The Malaysian Insight.

* This is the opinion of the writer or publication and does not necessarily represent the views of The Malaysian Insight. Article may be edited for brevity and clarity.


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