MAY 29 — Health Director General (DG) Tan Sri Dr Noor Hisham Abdullah is perplexed with the heavy traffic on several major roads in the Klang Valley.
“Where are you all going?” he asked in a Facebook posting.
“Large movements are still visible despite the ban on interstate and intra-district travel. Spreading the disease from one place to another does not help us in our fight to curb the pandemic from spreading,” he added.
But is there a ban on intra-district (within a district) travel?
With due respect to the health DG, there is no such ban — not under the currently in force Prevention and Control of Infectious Diseases (Measures Within Infected Local Areas) Regulations 2021 [PU(A) 225/2021]. Regulation 4(1) states as follow:
“No person shall move from one district to another district within any infected local area or from one infected local area to another infected local area except for the purposes under subregulation (2).”
Thus, the ban is only on inter-district and inter-state — each state being an infected local area — travel. Intra-district travel is not prohibited, unless the health DG directs otherwise. Regulation 4(3) states as such:
“A person may move within a district where the person’s residence is located subject to any directions issued by the Director General.”
This explains why the National Security Council (NSC) says there is no curfew between 8pm and 8am, when most businesses are closed under the third movement-control order (MCO 3.0), as reported by Malaysiakini.
The NSC has previously also clarified that the whole of Kuala Lumpur is to be considered as under one district.
This means that one can travel from one end of Kuala Lumpur (Bukit Bintang) to another end (Cheras) which spans a distance of at least 8km through business and residential areas.
It’s not rocket science that Kuala Lumpur has hundreds of new daily infections (789 over the last day).
Compare Regulation 4(1) above with the movement restrictions under MCO 1.0 [PU(A) 91/2020] which prohibited “any journey from one place to another place within any infected local area.”
This informs us that unless we restrict movement as under MCO 1.0, large movements will continue, which ultimately may lead to the crumbling of the health system. God forbid.
Let’s pause and take a look at the Australian state of Victoria, which on Thursday imposed a seven-day lockdown to counter a fast-spreading outbreak in its capital, Melbourne. The number of new infections then was only 26, but there was a number of worrying factors which prompted the state government to act decisively.
So from 11:59pm on May 26 until 11.59pm on June 4, Victorians are to stay at home except for essential work, shopping, exercise, caregiving or to get a Covid-19 vaccine. No gatherings are allowed and travel is restricted to within 5km (3.1 miles) of the home. Mask wearing is mandatory. Schools are closed except for children of essential workers. Places of worship and all non-essential venues are also shut.
These rules are made under section 200(1)(b) and (d) of the state’s Public Health and Wellbeing Act 2008 and gazetted (Victoria Government Gazette No. S 248 Thursday 27 May 2021) which can be seen here.
The rules are basically stay safe directions from the state’s Chief Health Officer and as such are called Stay Safe Directions. The period — so-called lockdown period — is actually called the Stay Safe Period. The 21-page gazette then sets out the directions to be complied with and the penalties for refusal or failure to comply.
If I may suggest, the Attorney-General’s Chambers (AGC) takes a look at the Victorian gazette as it offers a model on which our next regulations — effective June 1 — can take their form and shape. A year ago, I proposed that the MCO regulations move away from their current shape and form.
If it’s time for a total lockdown, then it’s time also for new regulations. The term ‘lockdown’ need not be used. The law sometimes does call for the use of words that “inspire” compliance.
*This is the personal opinion of the writer or publication and does not necessarily represent the views of Malay Mail.
