Constitutionality of “tightening” the “Conditional Movement Control Order” by state governments

19 May 2020

On 1 May 2020, the Prime Minister of Malaysia announced that almost all economic sectors and businesses would be allowed to resume operations, subject to conditions and standard operating procedures (“SOPs”) issued by the National Security Council for the respective industries (“Announcement”). This “relaxation” of the rules has been termed the “Conditional Movement Control Order” (“CMCO”) by the government, and is intended to have effect from 4 May until 9 June 2020 (“CMCO Period”).

Following the Announcement, a number of state governments initially refused to implement the CMCO and opted to maintain the status quo or have imposed additional restrictions that differ from the requirements of the SOPs (although many state governments have now implemented the CMCO largely in line with the requirements of the SOPs).

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