State governments must comply with federal laws, says prominent lawyer



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KUALA LUMPUR: The Conditional Movement Control Order (CMCO) to combat the federally imposed Covid-19 pandemic, which entered its seventh day today, has received mixed reactions from state governments, with some fully accepting it and others having Bookings.

The CMCO was due to end on May 12, but Prime Minister Tan Sri Muhyiddin Yassin announced today at 2 p.m. that it is necessary to extend it until June 9.

However, according to legal consultant Datuk Dr. Gurdial Singh Nijar, according to the constitution, all state governments must comply with federal laws and must do nothing that could harm or oppose a particular federal order.

in a Bernama TV Interview at 5.30 p.m. Today, Gurdial said under the Infectious Disease Control and Prevention Act of 1988, during this Covid-19 pandemic, the federal government is the only enforcement agency or authority that can enforce this law and not state governments.

“Restaurants, food courts, street vendor stalls, food stalls, food trucks may be open for business, this is the law that governs the entire country, this is what we call a federal law according to the constitution. Once there is federal law, all states must obey and if there is any conflict between state law and federal law, federal law prevails.

“But there is still confusion in certain states where most restaurants are still closed, food trucks and food stalls cannot operate except for deliveries, this confusion is due to fear of violation of regulations,” said.

Gurdial said this confusion should be cleared up and cleared by the federal government so that all state governments comply with and respect the federal order.

In addition to that, he pointed out that according to the constitution, local government laws can only be used to grant licenses to commercial premises and specifically deals with certain sanitary and health conditions related to the operation of businesses such as restaurants.

“If there are rats or rodents or unhealthy conditions, then (state authorities) can take steps other than that regarding infectious diseases or Covid-19, federal laws must apply and there is no excuse for state governments to seek to contradict the CMCO, “he added.

Under the Infectious Disease Control and Prevention Act of 1988, the federal government imposed the Movement Control Order (MCO) to flatten the Covid-19 transmission curve. It was due to end on May 12, but because it was so successful, it was released to CMCO on May 4.

The prime minister, in his speech on the Covid-19 situation that was broadcast on national television today, said that the CMCO was still necessary to combat the pandemic.

Unlike the MCO that strictly restricts the movement of people and limits operations to only essential services, the CMCO has now loosened up the economic sector, thus allowing people to return to work with all the near-economic sectors that are allowed to reopen. – Bernama



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