Conditional MCO: Permitted and Prohibited Activities – 10 Key Questions

June 3, 2020

The Conditional Movement Control Order (CMCO) has enabled the continuation and resumption of business activities and easing of the restrictions previously imposed during the Movement Control Order (MCO). This alert sets out the activities which are currently permitted and prohibited during the second phase of the CMCO, which is presently in place as Malaysians adapt to the “new normal”.

Q1. Can you travel within a particular ‘Infected Local Area’?

Generally, a person may travel freely from one place to another within a particular Infected Local Area, provided that he/she is not carrying out, organizing, undertaking or otherwise be involving in any prohibited activities listed in the Prevention and Control of Infectious Diseases (Measures within Infected Local Areas) (No. 6) Regulations 2020 [P.U. (A) 147/2020] (Second Phase CMCO Regulations) as follows:

a) entertainment, leisure and recreational activities which may cause a crowd to gather; b) activities in pubs and night clubs, including restaurant business in pubs and night clubs; c) activities relating to religious, cultural and art festivities which may cause a crowd to gather; d) business activities which may cause a crowd to gather; e) betting, sweepstake, lottery, gaming machine or games of chance activities such as gambling, number forecast, slot machine and horse racing gambling or betting and activities in casino; f) activities at a centralized labour quarters, employees’ hostel and dormitory which may cause a crowd to gather; g) fitting of clothes, using fitting rooms in clothes stores, trying on fashion accessories in stores and providing cosmetic testers in stores; h) services in barbershops and beauty salons; i) filming movies, dramas, documentaries and advertisements; j) cruise ship activities, and services at accommodation premises under the Tourism Industry Act 1992; k) installation and maintenance of machinery activities (e.g. lift, escalator, boiler and others) and tower crane at construction sites in groups which may cause a gathering; l) theory and Practical Examinations for Shot-firer (Blasting) for mining and quarrying industry; m) certification for agri commodities; n) activities of financial services industry and banking, involving sales and marketing, not within the premises of financial institutions and banks, or in public places; and o) commercial activities involving sales and marketing not within business premises, or in public places, not including food business at food courts, hawker centres, food stalls, food trucks, and the like.

The 10-km rule which restricts movement of a person to a 10-km radius from his place of residence has been lifted.

However, such relaxation does not apply to areas subject to enhanced MCO. For areas which are currently placed under enhanced MCO, no person shall enter into or exit from such places, save and except for persons providing healthcare and medical services or persons authorized by the relevant officer.

Q2. Can you travel interstate?

The Malaysian National Security Council has announced that since 1 June 2020, interstate travel remains banned (regardless of the mode of transport) except for interstate travel to and from work and for emergencies such as death and medical reasons.

Further, for spouses residing in different states, one spouse may move to the residence of his or her spouse in another state with prior written permission of the Officer in Charge of the Police District of the place where he or she resides or the police officer in charge of the police station nearest to his or her place of residence.

In addition, interstate travel for the purpose of marriage solemnisation has been given the green light, on a condition that organisers of solemnisation ceremonies abide by standard operating procedure (SOP). Pre-wedding photoshoots in open spaces are also permitted subject to SOP adherence.

Any person seeking to travel interstate for a “special and particular reason” shall obtain prior written permission of the Officer in Charge of the Police District of the place where he resides or the police officer in charge of the police station nearest to his or her place of residence.

The written permission of the Officer in Charge of the Police District can be obtained by having the ‘Pergerakan Perintah Kawalan Pergerakan (PKP)’ Application Permit approved and stamped by such police officer.

Note that interstate travel between the State of Selangor, the Federal Territories of Kuala Lumpur, and Putrajaya which has been collectively categorized as ‘Klang Valley’ is permitted, as the aforementioned states are now reckoned as one ‘Infected Local Area’.

Q3. Can you dine-in at restaurants, hawker centres and eateries?

Earlier phases of the MCO had previously restricted dine-ins and therefore food could only be sold via drive-through, takeaway or delivery. Although such limitations no longer apply, some restaurants have opted to maintain such restrictions. In any event, all restaurants, hawker centres and eateries are required to adhere to the SOP imposed, for example – arranging the dining tables at least two metres apart, conducting temperature screening on customers before they enter such premises, and recording the date and time of visit, along with their names, contact numbers and body temperature.

Q4. Can you carpool with your friends and family?

Since 27 May 2020, drivers are allowed to ferry the maximum number of passengers as regulated under the Road Transport Act 1987, provided that the passengers and the drivers are from the same household.

Q5. Can you participate in sporting activities?

Generally, leisure and recreational activities which may cause a crowd to gather, such as football, rugby, swimming, and indoor sporting activities are prohibited during the CMCO. Members of the public can participate in outdoor sports including badminton, tennis, and further jogging, cycling, golf and running in small groups not exceeding ten persons.

Q6. Can you gather for the purpose of performing prayers at places of worship?

The Prevention and Control of Infectious Diseases (Measures Within Infected Local Areas) (No.6) (Amendment) Regulations 2020 [P.U. (A) 170] provides that any person may congregate to perform prayers at any places of worship of his religion, and the person congregating shall not be regarded as being involved in a gathering which is prohibited under the Second Phase CMCO Regulations, provided that the directions issued by the Director General are strictly adhered to.

Hence, Muslims may now perform Friday prayers and other congregational prayers subject to compliance with the specific guidelines issued by the respective states religious department and the SOP issued by the Ministry of Health.

For instance, congregants attending the prayers must perform their ablutions before going to the mosque and shall not gather (whether in or outside of the mosque) after the Friday prayers.

Further, temples, churches & Gurdwaras in green zones will be allowed to reopen on permitted important days in the week with limited prayer hours and a limited number of worshippers starting from 10 June 2020, provided that the worshippers comply with the SOP issued by the Ministry of Health.

Q7. Can taxi or Grab drivers carry passengers?

Taxi or grab drivers are permitted to carry not more than two passengers in an e-hailing vehicle on each trip.

Q8. Can public transport providers commence operation?

Public transport providers on land (e.g. RapidKL, LRT and MRT), sea or air are permitted to carry not more than half of their maximum capacity of the number of passengers for each journey. In addition, SOP must be complied with, for instance, implementation of strict crowd control measures to ensure social distancing, making sure that staffs and passengers are wearing face masks, and disinfection and sanitization of high-touched surfaces at least every eight hours.

Q9. Are air public transport licensees permitted to operate flights from Peninsular Malaysia to East Malaysia and vice versa?

Holders of air public transport licensees are permitted to operate flights provided that the number of passengers carried on board for each journey to the State of Sabah or Sarawak or the Federal Territory of Labuan from Peninsular Malaysia and vice versa comply with the directions issued by the Director General.

Q10. Can tour and travel agencies operate now?

Tour and travel agencies may resume operations only for administrative, finance, management and sales purposes. However, tourism activities remain prohibited.

Conclusion

With nearly 70% of the Malaysian workforce now returning to work and the second phase of the CMCO slated to end next Tuesday, citizens are advised to continue abiding by the rules of the CMCO to ensure the smooth re-opening of the Malaysian economy whilst minimizing the risks of another wave of COVID-19 infections.