Tuesday, May 5, 2020

Nagging questions

Nagging questions.

Are state governments allowed to make their own regulations and to impose additional restrictions?

For example, under the CMCO, can a state government insist on limiting vehicles to single occupancy only? Can they continue to restrict movement to 10 km? Can they continue to enforce 10 pm to 6 am curfew on private vehicles?

If one thinks so, then could each state government have imposed their own stricter version of lockdown right from the start of MCO on 18Mar20? e.g. allow markets and shops to open only once a week?

And if so, could each state government have declared their own lockdowns earlier than 18Mar20?

Finally, do state governments have the authority to continue with their own lockdowns indefinitely when the MCO is eventually lifted by the Federal Government?

/// "Prominent lawyer, Datuk N. Sivananthan is of the view that state governments could not refuse to abide by the CMCO which has been gazetted to run from May 4 to May 12 as it supersedes the provisions of MCO4.

He said state governments have no lawful authority to refuse to comply with the CMCO as instructed by the federal government." ///

#covid19 #pandemic #lockdown #malaysia

Can state governments choose to defy CMCO?

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