On 16 March 2020, following the Prevention and Control of Infectious Diseases (Declaration of Infected Local Areas) Order 2020, all the states in Malaysia have been declared as infected areas by the infectious disease, Covid-19. On the same day, the Malaysian Government issued a formal Movement Control Order ("Order”) under thePrevention and Control of Infectious Diseases Act 1988and thePolice Act 1967.

Pursuant to the Order which will take effect from 18 March 2020 until 31 March 2020, all government sector and private sector business premises shall be shut down for the duration of the Order save for essential services in areas such as utilities, telecommunications, transport, banking, health, airports and ports which will continue to function.

Amongst others, the order also restricts movement and mass gatherings nationwide for religious, sporting, social and cultural activities and all religious institutions and business premises are to be shut down save for supermarkets, public markets, grocery stores and conveniences stores selling every day necessities. There is also a restriction on overseas travel and those who have just returned from overseas shall undergo a health check and self-quarantine for 14 days.

This article considers the effect of this Order and the consequences of contravention.

Effect of the Order

In light of the Order, unless the business premises fall under the exceptions as stated in the Order, it has to beshut down for the period of 18 March 2020 until 31 March 2020. The public should also restrict their movement and avoid mass gatherings further to observing travel restrictions. During this period, should there be a need to obtain every day necessities, the public is permitted to purchase the same but are advised to return home immediately.

Following further clarification by the Malaysian National Security Council on 17 March 2020, notably restaurants can remain in operation, limited to take away orders or through delivery by Grab Food or Food Panda and all public transportation will remain in operation.

Consequences of contravention

I.Police Act 1967

Pursuant to section 94 of thePolice Act 1967("Police Act”), any person that is in breach of the Orderwill be in breach of the Police Act and will be guilty of anoffence not exceeding RM500.00 or imprisonment for a term of not exceeding six months or both.

The exception is if a written permit is obtained from:

(a) The Commissioner/Chief Police Officer;

(b) A police officer not below the rank of Sub-Inspector directly under the command of the Commissioner of the Chief Police Officer; or

(c) A public officer authorised in writing by the Commissioner/Chief Police Officer to issue such written permits.

It is also noteworthy that pursuant to section 31(4) of the Police Act, the Order cannot remain in force for more than 24 hours unless the Minister orders that it shall continue to be in force for a further period of not exceeding 14 days. Therefore, after the expiry of the Order, a new Order may be issued, if deemed necessary.

II.Prevention and Control of Infectious Diseases Act 1988

Refusal of any persons to comply with the measures put into place pursuant to section 11 of thePrevention and Control of Infectious Diseases Act 1988, that is, the Order is anoffence.

Additionally, pursuant to section 12 of thePrevention and Control of Infectious Diseases Act 1988, no person who knows or has reason to believe that he has Covid-19 shall expose other persons to the risk of infection by his presence/conduct in any public place or any other place in common by persons other than the members of his own family or household. Contravention is anoffence. This section shall not apply to any person whose presence/conduct is necessary for obtaining medical treatment.

Any offence under above sections of thePrevention and Control of Infectious Diseases Act 1988shall be liable on conviction to:

(a) 1^stoffence ―Imprisonment of a term not exceeding two years or to fine or to both;

(b) 2^ndoffence/ Subsequent offence ―Imprisonment not exceeding five years or to fine or to both;

(c) Continuing offence ―A further fine not exceeding RM200 every day during which the offence continues.

Given the above, the Order is to be complied with.

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