Interstate travel – are we within the letters of the law?


YESTERDAY was the first day of the interstate travel resumption nationwide.

The Malaysian Insight reports that traffic was flowing smoothly on major highways in the country, which could be attributed to it being a working day for most of the population.

I can attest to that as I was behind the wheel yesterday, hitting the highway to Kuala Lumpur – not to “balik kampung” but to an official meeting.

Now legally, all states and federal territories in Malaysia are still being “threatened with an epidemic of an infectious disease, namely Covid-19” and therefore declared “infected local areas”. This is pursuant to the Prevention and Control of Infectious Diseases (Declaration of Infected Local Areas) Order 2020 [PU(A) 87/2020].

The declaration of infected local areas has been extended to last until the end of the year pursuant to the Prevention and Control of Infectious Diseases (Declaration of Infected Local Areas) (Extension of Operation) (No. 2) Order 2021 [PU(A) 313/2021].

In short, each state is an infected local area. And lest we forget, each state remains under the control-movement order (MCO) pursuant to the Prevention and Control of Infectious Diseases (Measures Within Infected Local Areas) (National Recovery Plan) Regulations 2021 [PU(A) 293/2021]. The regulations thereunder are made by the health minister in exercise of the powers conferred by section 11(2) of the Prevention and Control of Infectious Diseases Act 1988 [Act 342].

The regulations remain in force. Regulation 5(1) states as follow:

“No person shall, during any designated phase, move from one place to another place within any infected local area, from one district to another district within any infected local area or from one infected local area to another infected local area.”

Interstate travel is, therefore, prohibited. So is inter-district travel.

However, the director-general of health “may issue any directions and conditions for the purposes of movement of any person, during any designated phase, from one place to another place within any infected local area, from one district to another district within any infected local area or from one infected local area to another infected local area”. [Regulation 5(2)]

Any direction and condition issued by the director-general “shall be published on the website of the National Security Council (NSC)”. [Regulation 5(3)]

The law is the law. The director-general is the authority to issue directions and conditions for travel within a state or interstate – each state being an infected local area.

I cannot seem to find the director-general’s directions on the NSC website. Neither is there any gazette of the director-general’s directions, either as PU(A) or PU(B).

Are we within the letters of the law? Or have we forgotten the law? – October 12, 2021.

* 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.



Sign up or sign in here to comment.


Comments