State governments face potential lawsuits for non-compliance with conditional MCO, says Azmin



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PETALING JAYA: Prime Minister Datuk Seri Azmin Ali has urged all state governments to comply with the conditional movement control order (MCO).

He said that if it does not, it will expose them to possible demands from the affected industries.

He said state governments did not have the legal authority to refuse to comply with the conditional MCO, according to instructions from the Federal Government.

He said the policy has already been published under the Infectious Disease Prevention and Control Act of 1988 (Law 342).

He contested allegations that the Federal Government had acted on its own without consulting State Mentris Besar and the Chief Ministers, stating that even standard operating procedures (SOPs) were made available to them in advance on request.

“The federal government seriously considers the position adopted by the various state governments in refusing to execute the decision.

“Their actions are not based on legal authority and are contrary to Federal Government policy, even more so in view of the fact that Federal Government policy has already become law and can be enforced throughout the country,” Azmin, who is the Minister of International Trade and Industry, said in a statement on Monday (May 4).

He said there was a consensus at the meeting of the National Security Council on April 28 in which he was present with Prime Minister Tan Sri Muhyiddin Yassin.

“At the meeting, the results were presented for discussion with Mentris Besar and the Chief Ministers.

Based on the discussions during the meeting, the state governments realized that if the MCO continued until June 2020, it was estimated that the accumulated loss of national income would reach RM146bil or a deficit of 10.3% of the Gross Domestic Product (GDP ).

“This would eliminate the economic success that has been achieved over the past four years. In this regard, the meeting agreed to reopen economic sectors during the conditional MCO that begins on May 4.

“For clarification purposes, SOPs were delivered to all state governments on May 2, that is, before the application of the conditional MCO,” he added.

Azmin said the decision to reopen economic sectors under the conditional MCO was made after many consultations with the Ministry of Finance, Miti, Bank Negara and Khazanah Nasional Bhd.

On May 1, Muhyiddin announced that the conditional MCO would be effective as of May 4, allowing a large number of economic and social activities to resume.

These activities are subject to strict conditions and compliance with strict health SOPs as the fight against Covid-19 continues.

Azmin explained that the regulations made under Law 342 were specific laws with the purpose of preventing and controlling the spread of Covid-19.

As such, it prevails over the provisions of other written laws regarding the prevention and control of infectious diseases.

“The conditional MCO differs from previous stages of MCO one, two, three, and four in that, under the conditional MCO, there is scope for its implementation.

“This is to allow almost all economic sectors to restart in a controlled and prudent environment.

“The accusation that the government restarted the economy in a hurry is false and without foundation,” Azmin said.

He said state governments should take note of the views of various agencies, including the Malaysian Manufacturers Federation (FMM) and the Malaysian Chamber of Commerce, which insisted that it did not stop companies wishing to resume operations since 4 April. may.

“In the event that state governments refuse to cooperate in the implementation of Law 342, which has become a law applicable throughout the country, state governments may face the possibility of legal action from various parties, especially actors of the industry, “said Azmin.



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