Why is it hard to do what is right?

‘In the fight to contain the spread of coronavirus, Malaysians have split into two camps: the risk-takers and the rule-followers. On one side are carefree people who ignore public health measures; on the other are the anxious ones coming to grips with the reality of life with Covid-19. What a depressing spectacle has been the effect of the recovery movement control order involving public transport and eating out.’

Read here (Free Malaysia Today, June 14, 2020)

No exit strategy until high SOP compliance from Malaysians, says DG

Health Ministry director-general Dr Noor Hisham Abdullah said there needs to be a high compliance rate for the standard operating procedure (SOP) under the conditional movement control order (MCO) as well as a steady two-digit daily new Covid-19 cases before an exit strategy can be discussed. “Before we can discuss an exit strategy – and we are not discussing an exit strategy now, only loosening under the conditional MCO – Malaysians must comply (with the SOP). If they do not comply, we might extend the conditional MCO...’

Read here (Malaysiakini, May 18, 2020)

Mixed reactions as SOPs rule the day

‘As we're deadlocked on how to jumpstart the economy or flatten the curve, it'd be useful to reflect what Gerald R. Ford, the 38th United States president (American presidents were taken seriously until very recently), had to say on dubiety: "History and experience tell us that moral progress comes not in comfortable and complacent times, but out of trial and confusion." There you go, we still have to fine-tune many issues before the "new normal" settles in. Whatever the procedures, there must be greater uniformity as tales of different strokes for different folk were aplenty in the treatment of some MCO offenders.’

Read here (New Straits Times, May 8, 2020)

Experts differ over states’ CMCO non-compliance

‘Law experts differ on the refusal of some states to implement the conditional movement control order (conditional MCO) based on various interpretations of Article 81 of the Federal Constitution.

‘While lawyer Derek Fernandez said the states have a constitutional obligation to follow what has been gazetted as law by the Federal Government (if the states have yet to have their own laws on Covid-19), former judge Datuk Seri Gopal Sri Ram said it is not so simple.’

Read here (The Star, May 6, 2020)

State v Federal impasse over lockdown relaxation order

‘Under the Federal Constitution (Article 81), state governments are obliged to make sure that states comply with federal law. Further, their action does “not impede or prejudice” the federal government’s authority.  In short, they must comply with regulations as these are part of federal law. Else it will be a violation of the state’s constitutional obligation. So, any abridgement of the federal law’s reach, or orders that are inconsistent with it, will constitute non-compliance.’

Read here (The Edge, May 5, 2020)

Chow: No feedback was collected from the states on CMCO

‘No feedback was collected from the states on how the conditional movement control order (MCO) and standard operating procedure (SOP) should be done, the Penang Chief Minister has claimed. Chow Kon Yeow said as a result, the state government decided not to allow businesses to resume operations yesterday.’

Read here (The Star, May 5, 2020)

Defiance of the 9 States – The whirling wheels of Malaysian federalism

‘On 1st May 2020, Prime Minister Muhyiddin Yassin announced that the MCO would be substantially lifted come 4th May 2020. The MCO will hence be superceded by a Conditional Movement Control Order (CMCO).

‘In a stunning development, as many as 9 states have said they will not be following or complying fully with the Federal Government’s ease of movement and resumption of businesses at 100% capacity under the CMCO.

‘Is it unconstitutional for these States to not follow or fully comply with the Federal Government’s CMCO?’

Read here (Malaysian Public Law, May 2, 2020)

MITI urges state governments to follow Putrajaya's decision to relax the MCO

‘The Ministry of International Trade and Industry (MITI) today urged state governments to cooperate with the federal government's decision to implement the Conditional Movement Control Order or CMCO that allows almost all sectors of the economy to resume operations after almost two months of suspension under the MCO.

‘Failure to do so may result in the state governments facing the possibility of legal action from various parties, particularly industry players, Minister of International Trade and Industry Datuk Seri Mohamed Azmin Ali cautioned in a statement today.

‘As it is, Mohamed Azmin said various industry associations, including the Federation of Malaysian Manufacturers and the Malay Chamber of Commerce of Malaysia, have issued statements calling for state governments not to stop companies from resuming their operations from today, the first day of the CMCO.’

Read here (The Edge, May 4, 2020)

Govt needs a U-turn on conditional MCO

‘Yes, it is conditional, but it is physically impossible to ensure everyone complies. You need to give businesses more time to prepare for this, especially the smaller businesses – the small and medium enterprises or SMEs which employ about 70% of workers.

‘This is where infection is most likely – the most number of people are there and the ones most likely to ignore SOPs. They include all sorts of businesses – food and beverage, services, shops, workplaces – virtually all can reopen except for those that involve close contact and mass gatherings.’

Read here (FocusMalaysia, May 4, 2020)

MCO and the failure to follow the rule of law

‘We are now told that we can go back to work on Monday by no less than the PM himself.  The National Security Council has issued SOP’s for businesses to open. MITI also appears to be approving the opening of businesses on terms imposed by them.

‘All this in the face of existing PCID-MILA Regulations and the provisions of the PCIDA which expressly confers power only upon the Minister of Health to formulate and enforce regulations relating to activities and movement in infected areas. And so, the confusion and uncertainties continue whilst little is known of what the Ministry of Health has to say about all this.’

Read here (FocusMalaysia, May 3, 2020)

MMA: Public now the ‘frontliners’ in Covid-19 fight

‘Members of the public will now play the most important role in combating the Covid-19 pandemic, says the Malaysian Medical Association (MMA). Its president Dr N. Ganabaskaran said with the announcement of the conditional movement control order (MCO) by Prime Minister Tan Sri Muhyiddin Yassin, the public must remain vigilant as the health crisis continues.

“As most businesses will resume operations on Monday (May 4), the public will now play the most important role in fighting the Covid-19 pandemic... The general public must now take on the role as frontliners, in battling the pandemic in public places by being disciplined in observing social distancing, personal hygiene and comply with the standard operating procedures (SOP) at all times or we can easily slip back into the ‘old norm’.’’

Read here (The Star, May 1, 2020)

Conditional MCO might cause third wave of infections, say health experts

Health experts are voicing concern over the move to ease the movement control order (MCO) by allowing businesses to reopen starting next week, warning that this might lead to new waves of Covid-19 infections.

Azrul Mohd Khalib, the executive director of the Galen Centre for Health and Social Policy, said people might be confused over the standard operating procedures (SOP) given the short time frame for preparation, warning also of non-compliance by others.

Read here (Free Malaysia Today, May 1, 2020)

List of banned activities during conditional MCO

The government has decided to reopen the economy from May 4 but some sectors will either still be barred from resuming business or subject to many conditions and a conditional movement control order (MCO) will be imposed.

This story contains (1) the list and (2) a number of related news stories pertaining to the conditional MCO announced by the Prime Minister on May 1, 2020.

Read here (Malaysiakini, May 1, 2020)

Three major concerns over Covid-19 and the MCO

‘Despite the overall good efforts by the government... there are three concerns at least which need to be addressed by this government to the satisfaction of the public.

1. One, there are excessive detentions following the movement control order or MCO which has raised legitimate concerns over police highhandedness, extreme sentencing, and the possibility of actually exacerbating Covid-19 instead of controlling it.
2. Two, the limited 1-day sitting of Parliament, in name only, on May 18 does not allow Parliamentary sanction, legitimacy and debate of the moves taken by the new backdoor government.
3. And three, this shortened parliamentary session raises issues over the lack of legitimacy of moves taken and the inability to raise more funds to deal with the economic effects of the pandemic.’

Read here (FocusMalaysia, April 30, 2020)

Businesses allowed to operate during MCO can go full capacity tomorrow (April 29)

‘All economic sectors that have been allowed to operate during the movement control order (MCO) period can ramp up their operations to full capacity starting tomorrow, said International Trade and Industry Minister Datuk Seri Mohamed Azmin Ali. In a statement, Mohamed Azmin said this was decided in the National Security Council meeting today, which discussed the recommendations of the Economic Action Council following the latter's own meeting yesterday. The meeting yesterday reviewed the studies and recommendations by the Ministry of Finance, the Ministry of International Trade and Industry (MITI), Bank Negara Malaysia and national sovereign wealth fund Khazanah Nasional Bhd.’

Read here (The Edge, April 28, 2020)

Malaysia not ready to lift MCO, says medical expert

‘Malaysia is not ready to lift the movement control order (MCO), implemented to contain the spread of Covid-19, in the near future due to many issues that still need to be addressed, said senior consultant paediatrician Datuk Dr Amar Singh HSS.

‘According to the former head of the paediatric department at the Raja Permaisuri Bainun Hospital in Ipoh, Perak, out of the six criteria listed by the World Health Organisation (WHO) with regard to lifting the movement order, Malaysia was still lacking in four aspects—testing and screening, health system capacity, contact tracing and, most importantly, community’s mindset.

‘(The six criteria listed by WHO are transmission is under control; health systems are able to detect, test, isolate and treat every case and trace every contact; hot spot risks are minimised in vulnerable places, such as nursing homes; schools, workplaces and other essential places have established preventive measures; the risk of importing new cases can be managed; and communities are fully educated, engaged and empowered to live under a new normal.)’

Read here (The Malay Mail, April 26, 2020)

Lift MCO on areas without new Covid-19 cases over 28 days: Ex-MOH official

‘The MCO can be lifted in white areas without testing, while maintaining strict border control, such as prohibiting entry to people from red or yellow zones, and preventing residents of white areas from visiting red or yellow zones. Covid-19 testing in white areas is unnecessary, Dr Lokman said, as the assumption is that the virus transmission has been broken. “In any scenario, you have got to make certain assumptions, i.e. the likelihood of transmission is active. When you test a person negative, you have to make the assumption that the likelihood that he is positive is very, very, very low, otherwise you will end up with testing all the time, which is ridiculous,” Dr Lokman told CodeBlue in an interview.’

Read here (Code Blue, April 24, 2020)

MOH Malaysia lists six criteria for lifting MCO and help develop a ‘soft landing’ exit strategy

The Ministry of Health Malaysia (MOH) has listed six criteria to lift the MCO and help achieve a ‘soft landing’ for the nation amidst the Covid-19 crisis:

1. Strict border control: “If we open our borders then people will start coming in and there’s a big possibility they may have the virus.”
2. Single-digit number of cases: Only when cases start to fall in the single-digit can the government seriously consider lifting the MCO
3. Having a good health system and improving testing standards: Look carefully at e.g. (a) testing capability of labs (b) if we have enough wards and intensive care units. Raise the detection standards from say 48 hours to 24 hours or less.
4. Capability to look after high-risk groups — the handicapped, elderly, and those with co-morbidity illnesses, including patients receiving hospital treatment like chemotherapy
5. (5) Adherence to new social norms: “Putrajaya needs to study this and instil in Malaysians’ minds that following social distancing, washing hands frequently and avoiding crowding around each other is the way to go moving forward.”
6. (6) Community cooperation in infected areas: Identify infected areas and get their communities to work with MOH and the relevant authorities to make sure the virus doesn’t spread again.

Read here (The Malay Mail, April 21, 2020)

Expanding the military’s role?

The MAF has been deployed since 21 March to help patrol and enforce the MCO in response to COVID-19. At the time of writing, the MCO has been extended twice and is now set to end on 28 April 2020. During this prolonged period, some thought should be given to the possibility of the MAF’s expanded role in the crisis.

Read here (ISIS Malaysia, April 17, 2020)

Digital trade: A boon during the MCO and beyond

Throughout the Covid-19 MCO, digital trade has been a boon in not only connecting businesses to consumers, but also serving as a lifeline for MSMEs and informal workers. Given that digital trade is beneficial in maintaining employment and livelihood in crucial times of emergency, on top of its benefits during “ordinary” times, the government needs to rethink – or better yet, strike while the iron is hot – on how to further encourage digital trade among MSME entrepreneurs in the country.

Read here (ISIS Malaysia, April 17, 2020)