Conditional and Recovery MCO: Permitted and Prohibited Activities

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Earlier this month, the Government announced that most states in Malaysia would return to the Recovery Movement Control Order (RMCO). However, the Conditional Movement Control Order (CMCO) imposed in Kuala Lumpur, Sabah, Selangor and certain district/subdistricts in Johor, Kedah, Penang, Perak, Kelantan and Negeri Sembilan has been extended from 7 December 2020 until 20 December 2020.

This alert sets out the activities which are currently permitted and prohibited in areas placed under RMCO and CMCO.

Inter-district travel/ Interstate travel Areas placed under RMCO and CMCO Travel within areas placed under RMCO/CMCO is permitted. Interstate travel/travel between RMCO and CMCO areas is also allowed, but travel to and from areas placed under the Enhanced Movement Control Order (EMCO) requires prior permission from the Royal Malaysian Police.

The limit on the number of passengers in each vehicle has been lifted and drivers are now allowed to ferry passengers according to the seating capacity of their private vehicle. For example, a seven-seater multi-purpose vehicle with seating capacity for seven can carry up to seven people per trip.

Travelling to work Areas placed under RMCO and CMCO The public is allowed to travel in vehicles owned by private persons, government agencies or private companies for the purposes of travelling to and from work or carrying out official government affairs. The number of passengers allowed in each vehicle is based on the seating capacity of such vehicle.

Dine-in at restaurants, hawker centres and eateries Areas placed under RMCO Restaurants and eateries are allowed to operate and offer dine-in (with customers seated at least 1 metre apart), delivery and take away options provided that the ‘standard operating procedures (SOP) for the Food Sector’ are complied with.

Subject to the terms of their respective individual operating licenses, eateries are allowed to operate from 6:00 am to 2:00 am.

Areas placed under CMCO Restaurants and eateries are allowed to operate and offer dine-in (with customers seated at least 1 metre apart), delivery and take away options provided that the ‘SOP for the Food Sector’ are complied with.

Subject to the terms of their respective individual operating licenses, eateries are allowed to operate between 6:00 am to 12:00 am midnight.

Similarly, food delivery services are allowed to operate from 6:00 am to 12:00 am midnight throughout the period of CMCO.

Participation in sporting activities Areas placed under RMCO Sporting and recreational activities are allowed during the RMCO period provided that participants adhere to the ‘SOP for the Sports and Recreational Sector’ – for example, maintaining physical distancing of 1 – 3 metres for static activities and 3 – 5 metres for dynamic activities.

Areas placed under CMCO Members of the public are allowed to participate in any sporting and recreational activities which do not involve physical touching, and which are done in small groups of not exceeding 10 persons – such as jogging, cycling and hiking. The ‘SOP for the Sports and Recreational Sector’ must be complied with and physical distancing of 1 – 3 metres for static activities and 3 – 5 metres for dynamic activities must be maintained.

Operation of sporting premises are restricted to activities which do not involve physical contact. Further, the user capacity of such sporting facilities in the premises must not exceed 50% the total capacity of such premises.

Operating hours for other key amenities Areas placed under RMCO Petrol stations, laundry marts, pharmacies, drug stores, and other businesses in relation to daily necessities can operate in accordance with the hours specified in their operating licenses/permits.

Government and private clinics and hospitals are allowed to operate for 24 hours a day or in accordance with the time set by the Government.

Areas placed under CMCO Petrol stations, laundry marts and other businesses in relation to daily necessities can only operate between 6:00 am to 12:00 am, with the exception that petrol stations located on highways are allowed to operate for 24 hours a day.

Government and private clinics and hospitals are allowed to operate for 24 hours a day or in accordance with the time set by the Government.

Pharmacies and drug stores can operate from 8:00 am to 12:00 am midnight.

Operation of public transport providers Areas placed under RMCO and CMCO Public transportation services such as buses, LRT, MRT, ERL, Monorail, ferry, airplanes, taxi, e-hailing services, and other public transportations are permitted to operate as per the hours specified in their operating licenses depending on vehicle capacity.

Religious activities at places of worship Areas placed under RMCO All religious activities in the mosques and surau are permitted. Worshippers must abide by the ‘SOP for Social Sector – Mosque and Surau’.

All religious activities in the non-Islamic houses of worship are permitted. Worshippers must abide by the ‘SOP for Social Sector – Non-Islamic Houses of Worship Activities’.

Areas placed under CMCO Religious activities in mosques and surau are allowed provided that there are only up to a certain number of attendees present at any given time as stipulated by the State Religious Authority. Activities in non-Islamic houses of worship are allowed provided that there are only up to a certain number of attendees present at any given time as stipulated by the Ministry of Health, National Security Council, State Government and the Ministry of Federal Territories for houses of worship in the Federal Territories.

Prohibited activities Areas placed under RMCO Throughout the RMCO period, the following activities are not permitted: (a) activities in pubs and nightclubs, except for restaurant business in pubs and night clubs; (b) sporting events and tournaments with spectators in attendance or involving foreign participants entering Malaysia; (c) tourism activities in and out of the CMCO and EMCO areas; (d) outbound tour activities by local citizens and inbound tour activities involving foreign tourists entering Malaysia except for foreign tourists from countries specified by the Minister; (e) any activities which can cause a crowd to gather thereby making it difficult to carry out social distancing and to comply with the directions of the Director General; and (f) any other activities decided by the government from time to time.

Areas placed under CMCO Throughout the CMCO period, the following activities are not permitted: (a) activities in pubs, night clubs, theme parks, indoor playgrounds, cinemas and concerts/ events with the presence of audience; (b) sporting events and tournaments with spectators in attendance or involving foreign participants entering Malaysia; (c) picnic, combat sports, contact sports, team sports, and sporting and recreational activities which can cause a crowd to gather thereby making it difficult to carry out social distancing; (d) tourism activities in and out of the EMCO areas; (e) outbound tour activities by local citizens and inbound tour activities involving foreign tourists entering Malaysia except for foreign tourists from countries specified by the Minister; (f) all seminars, workshops, courses, trainings, conferences, lectures, exhibitions, and activities related to Meetings, Incentives, Conventions, and Exhibitions (MICE). Internal training for businesses can only be conducted within the compounds of such training institutions; (g) official and unofficial government and private ceremonies, such as wedding and engagement ceremonies, aqiqah ceremonies, anniversary celebrations, birthday celebrations, reunions and any other social events; (h) tuition classes, music classes, dancing classes, art classes, linguistic classes and the likes, except for one-to-one classes. Despite students from schools, IPTA, and IPTS who are sitting for tests or examinations with overseas institutions are permitted to attend the examination, they are not allowed to attend physical classes in preparation for the examinations; (i) any activities which can cause a crowd to gather thereby making it difficult to carry out social distancing and to comply with the directions of the Director General; and (j) any other activities decided by the government from time to time.

Consequences of non-compliance Areas placed under RMCO and CMCO Any person who contravenes any of the abovementioned SOP/directives commits an offence and shall, on conviction, be liable to a fine not exceeding RM1,000 or to imprisonment for a term not exceeding 6 months or to both.

Conclusion In light of the rising COVID-19 infections, the Rakyat is advised to continue abiding by the procedures and directives imposed pursuant to the CMCO/RMCO to mitigate the risk of COVID-19 transmission within the community.

December 19, 2020