AAS calls for state govt to request federal govt to defer application of CMCO

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Ranbir Singh Sangha

MIRI: The Advocates Association of Sarawak (AAS) is calling for the state government to request for the federal government to defer the application of the Conditional Movement Control Order (CMCO).

AAS president Ranbir Singh Sangha in a statement today cautioned that they could risk no force of law in the enforcement of the Movement Control Order (MCO), as the state’s decision to not follow the federal government’s CMCO measures may be inconsistent and prohibited under Section 15 of the Protection of Public Health Ordinance 1999 once the CMCO measures are gazetted and enforced by the federal government.

He was referring to the State Disaster Management Committee’s (SDMC) announcement on Apr 2 that the state would not follow the CMCO that was implemented effective today as declared by Prime Minister Tan Sri Muhyiddin Yassin on May 1.

“Even if SDMC’s measures have been gazetted and have the force of law in Sarawak, their decision to maintain status quo and not follow the CMCO measures may be inconsistent and thus prohibited under Section 15 of the Protection of Public Health Ordinance 1999 once the CMCO measures are gazetted by the federal government,” Ranbir said.

The MCO was enforced on Mar 18 under the Prevention and Control of Infectious Diseases Act 1988, where under Section 11(1) of said Act states that if the Health Minister satisfied that there is an outbreak of an infectious disease in any area in Malaysia, or that any area is threatened with an epidemic of any infectious disease, he may, by order in the Federal Gazette, declare such area to be an infected local area.

However, Ranbir said that AAS was “unaware” as to whether the MCO currently implemented in the state as well as SDMC’s corresponding control measures had been gazetted as orders required by Section 15 of the Protection of Public Health Ordinance 1999.

“The effectiveness and success of the MCO depends on enforcement. The Royal Malaysian Police (PDRM) only enforced the MCO under Section 5 of the Prevention and Control of Infectious Diseases Act 1988 and is only limited to its regulation.

“Section 15 of the Protection of Public Health Ordinance 1999 contains a provision that any order by the state ministers shall not be inconsistent with the Prevention and Control of Infectious Diseases Act 1988 or its regulations. In other words, if there is any inconsistency between federal and state law, the former shall prevail,” Ranbir stated.