MAY 11 — We empathise with the government for the difficult decision it has to make on the “no balik kampung” for Hari Raya, Hari Gawai and Pesta Kaamatan because of the Covid-19 pandemic.
“With a heavy heart, I would like to apologise in advance to all those who want to celebrate Hari Raya Aidilfitri, Hari Gawai and Kaamatan this year but we are not allowing any interstate travel to celebrate these upcoming festivals,” the Prime Minister said yesterday.
Earlier in the week , the Senior Minister (Security Cluster) Datuk Seri Ismail Sabri Yaakob had said that the government had decided to disallow visiting family and friends as there was no way it could ensure that social distancing is practised at respective households. As such, the government had decided to not allow Hari Raya house visits.
He further said that Hari Raya house visits are on the “negative list.” But the closest there is in the list of prohibited activities to prohibiting Hari Raya house visits in Regulations (No. 5) is “activities relating to religious, cultural and art festivities which may cause a crowd to gather.”
It isn't “clear cut” that house visits are prohibited. The prime minster, however, has clarified that visiting family and neighbours in the same state will be allowed with only 20 people allowed at the same place and time.
By comparison, Singapore’s “circuit breaker” — the equivalent of the MCO here — which seeks to break the chain of infection, has clear restrictions on leaving or entering a place of residence and a clear prohibition that an individual must not permit any other individual to enter his or her ordinary place of residence for any reason.
There is also a clear provision that an individual must not meet another individual not living in the same place of residence for any social purpose, unless permitted under the regulations.
As for our Regulations (No. 5), where does it provide for the “no balik kampung”?
Regulation 5(1) prohibits interstate travel as no person shall move from one infected local area to another infected local area except to and from work, and in relation to a person who is stranded at any place due to control movement orders to return home.
Each and every state is an infected local area.
However, regulation 4(1) allows intrastate travel as a person may move from one place to another place within any infected local area. This means a person in Johor Bahru may travel to Muar, which is more than 150km away, as it is intrastate (Johor).
If Muar is the person’s “kampung,” there is “no balik kampung” prohibition then.
Ironically, a person is prohibited to travel from Muar to neighbouring Sungai Rambai in Melaka, which is a short 10 km away, because it is interstate and prohibited by regulation 5(1).
So, “no balik kampung” applies to interstate and not intrastate. And house visits are allowed but limited to only 20 people at the same place and time.
Will this help break the chain of infection?
I think the baseline rule should be to stay at home as has always been advised by the Health director-general Dr Noor Hisham Abdullah. The regulations then should provide for exceptions to the rule or otherwise provide for permitted activities, with breaking the chain of infection the uppermost consideration.
It remains to be seen if Regulations (No. 6), due to be published and in force on May 13, would provide as such.
* This is the personal opinion of the writer or publication and does not necessarily represent the views of Malay Mail.
