CMCO SERIES: Fresh (12.5.2020) Gazetted Regulation (No. 6) for CMCO (13.5.2020 – 9.6.2020) and how will it affect the Guidelines issued by KPKT on 9.5.2020? Can we allow visitors now?

We have previously provided the updated guidelines issued by KPKT on 9.5.2020.

The Guidelines were prepared to correspond with the Prevention and Control of Infectious Diseases (Measures within Infected Local Areas) (No. 5) Regulations 2020.

On 12.5.2020, the Ministry of Health has introduced a new set of Regulation, ie The Prevention and Control of Infectious Diseases (Measures within Infected Local Areas) (No. 6) Regulations 2020. (“No. 6”) These Regulations have effect from 13.5.2020 to 9.6.2020. Some of the newly introduced regulations include:

  1. For spouses residing in different infected local areas, one spouse can move, with permission given by the police, from one infected local area to the other (Regulation 6(2));
  2. A person may now gather or be involved in a gathering for Hari Raya Puasa, Pesta Keaamatan and Gawai Dayak Day subject to directions of the Director General;
  3. For purposes of Regulations 4, 6 and 7(2), (No. 6) the State of Selangor and the Federal Territories of Kuala Lumpur and Putrajaya shall be reckoned as 1 infected local area. (That means one can travel within Selangor, Kuala Lumpur and Putrajaya without any restriction)
  4. No person shall move from one district to another district within the state of Sarawak, unless it is due to a special and particular reason with prior permission obtained from the police;
  5. Air public transport from Peninsular Malaysia to the State of Sabah and Sarawak is now allowed with no more than 66.6% of the total maximum load factor;
  6. List of Prohibited Activity in the Schedule is now extended to cover “(a) Activities in Pubs and Night Clubs, including restaurant business in pubs and night clubs” (b) 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; (c) Activities at a centralized labour quarters, employees’ hostel and domitory which may cause a crowd to gather;
  7. All Directions issued under the Prevention and Control of Infectious Diseases (Measures within Infected Local Areas) (No. 5) Regulations 2020 shall continue to remain in force, unless revoked.

The complete Gazetted Regulation (No. 6) is set out below:

How Does it affect the Guidelines issued by KPKT on 9.5.2020 – Can we allow visitors now?

The main notable difference between Regulation No. 6 and the Guidelines would be Q&A No. 9 which disallows visitors to enter into a residential strata scheme except immediate family of an infirm person whilst the Regulation No. 6 allows a gathering of persons for various festivities and further allowing a spouse to visit or those persons obtaining special approval from the police.

Allowing a gathering implies that gaining of entry to the visitors cannot be rejected.

Interestingly however, the number of persons gathering for festivities are not limited to 20 (as set out in Regulation 7(2)(a) (Regulation No. 6) like how it was published in the news or captured in the PM speech.

Instead it was clarified in the news by the Director General of MOH, Datuk Dr Noor Hisham Abdullah, that the number of visitors is not an absolute number, but should take into account other factors, like the size of one residence. Above all, one is to ensure social distancing of 1 metre.

Whilst we wait for the updated Guidelines to be issued by KPKT in light of Regulation No. 6, one can however at this juncture reconcile them by maintaining the general rule of not having visitors except on the grounds of visiting of infirm persons and on the other hand, allows a spouse to visit or those who has obtained prior written permission from the police.

A Developer / JMB / MC should also instruct the property manager to allow visitors to enter into a stratified scheme confining only to the festival period of Hari Raya Puasa, Pesta Keaamatan and Gawai Dayak Day as set out in Regulation 7(2)(a).

As for the limit of number of visitors per unit, (before further guidelines are prepared by the KPKT), a Developer / JMB / MC can uphold the self-regulatory mechanism to provide its own set of guidelines allowing visitors and determine the maximum numbers to be allowed to enter into a parcel, taking into consideration the average size of units in the residential scheme.

As for having a gathering at the common property, that is still prohibited since Q&As 5 and 12 (Guidelines issued on 9.5.2020) only allowed non-contact sports activities but not a gathering. More so, Regulation 7(1) (No. 6) makes it clear that no person shall in any way be involved in a gathering or procession, regardless the location.

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Partner at Chee Hoe & Associates. With 10+ years of experience under his belt, he specializes in civil and corporate litigation. He is also the current Chairperson of various Joint Management Bodies.
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