It is now Regulations (No 6), but new regulations may still replace them


IT IS now Regulations (No 6) following the publication of the Prevention and Control of Infectious Diseases (Measures Within Infected Areas) (No. 6) Regulations 2020 in the federal gazette.

The Regulations are effective from May 13 to June 9.

What has changed from Regulations (No 5)?

Regulations (No 6) has largely remained the same as its predecessor, save for a few key changes following Prime Minister Muhyiddin Yassin’s announcements on Sunday. This means the announcements are being written into law.

First, Regulations (No 6) have a new regulation 5 in relation to control of movement with the state of Sarawak. No person shall move from one district to another.

This means inter-district travel in Sarawak is prohibited unless with written permission from the police. Prohibition of travel remains interstate in other states.

Second, in relation to control of movement between infected local areas – that is interstate travel – Regulations (No 6) has one key change from Regulations (No 5).

Where spouses are residing in different states, one spouse may travel, with written police permission to the residence of his or her spouse in another state.

This follows the announcement by the prime minister. The regulation does not prohibit travel from a state in West Malaysia to a state in East Malaysia.

This explains why the prime minister pleaded with the state governments of Sabah and Sarawak to allow travel for spouses to be reunited. (Boleh bah?)

Third and very significant, in relation to prohibition of mass gatherings, Regulation 7(2)(a) now allows a person to gather, or involved in a gathering, “for Hari Raya Puasa, Pesta Kaamatan and Gawai Dayak Day” subject to such directions of the director-general of health.

Interestingly, the limit of 20 persons at the same place and time announced by the prime minister is not written into the regulation.

However, Regulation 14 empowers the director-general of health to “issue directions in any manner, whether generally or specifically, to any person of groups of persons to take measures for the purpose of preventing and controlling any infectious disease” including any direction to any gathering other than a prohibited activity.

These now include two key activities:

• Activities in pubs and night clubs, including restaurant business in pubs and night clubs; and

• Betting, sweepstakes, lottery, gaming machines or games of chance activities such as gambling, number forecast, slot machine and horse racing gambling or betting, and activities in casino.

Another key change is found in Regulation 8 under which the state of Selangor, the Federal Territories of Kuala Lumpur and Putrajaya are considered one infected local area, ie one state.

This means travels between these areas are allowed as they are intrastate. It makes sense.

The last key change, and no less significant, is new Regulation 16, which allows an MP or assemblyman to attend a legislative sitting. (So, can we have more than a one-day sitting of Parliament?)

Be that as it may, it is humbly suggested that Regulations (No. 6) can be more elaborate and specific so that the essence of the regulations, which is prevention and control of an infectious disease, can sink in the minds of the public to be translated into new normals during the effective period of the regulations – a long one month.

I have suggested the form and shape of the new regulations, but wish to add another part: restrictions upon arrival in Malaysia.

The law allows regulations, which are subsidiary legislation, to be revoked and replaced at any time (section 22 of the Interpretation Acts 1948 and 1967).

So, there is still time to do it.

* 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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