SENIOR minister Ismail Sabri Yaakob continues to report, in his daily presser, that the authorities have detained individuals for violating the recovery movement-control order (RMCO) – the main offences being pub and nightclub activities.

One then wonders why such offences continue on a daily basis when under the Prevention and Control of Infectious Diseases (Measures Within Infected Areas) (No. 8) Regulations 2020 (Regulation No. 8), activities in pubs and bars remain prohibited.

Reg. 3 clearly states that no person shall carry out, organise, undertake or otherwise be involved in any prohibited activity.

Could it be that notwithstanding the activities are prohibited, the closure of the premises are not clearly stipulated?

It may be necessary then that Regulation No. 8 be amended to provide for closure of premises or facility used to carry out any prohibited activities. It must be provided that an owner or occupier of such premises must ensure that the premises are closed to entry by any individual, unless the activities become permitted by the authorities. The term “premises” should include any place, building or part of a building, whether open or enclosed, and whether public or private.

Any person carrying on a prohibited activity at any premises or facility should be ordered:

1. to stop carrying on the prohibited activity at the premises or facility;
2. to take steps to comply with the prohibition in respect to the carrying on of the prohibited activity;
3. to close the premises or facility.

A person – including a corporate body, unincorporated association and partnership – commits an offence if he refuses or fails to comply with the order. – October 1, 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.