LETTER | Don’t mess with public health

LETTER | Lest we forget, the whole country is an “infected local area”.

The declaration of local infected areas was made by the health minister by an order made under Prevention and Control of Infectious Diseases (Declaration of Infected Local Areas) Order 2020 [PU(A) 87/2020] in exercising the powers conferred on the minister by Section 11(1) of the Prevention and Control of Infectious Diseases Act 1988 [Act 342].

The minister made the order after being satisfied that all states and federal territories in Malaysia “were threatened with an epidemic of a life-threatening infectious disease namely Covid-19”.

The minister accordingly declared that the states and federal territories as mentioned above be infected local areas.

The operation of the order has been extended over time, the last of which extension was made under the Prevention and Control of Infectious Diseases (Declaration of Infected Local Areas) (Extension of Operation) Order 2023 [P.U. (A) 195/2023] to be effective until Dec 31.

Following a declaration of an infected local area under Section 11(1) Act 342, the minister is empowered to make regulations prescribing the measures to be taken to control or prevent the spread of any infectious disease within or from an infected local area.

Additionally, the minister has the power under Section 31 (Act 342) to make regulations in respect of the whole or any part of Malaysia - including airports, ports, coastal waters and land frontiers thereof, to carry into effect the provisions of Act 342.

And lest we forget, the regulations made by the minister under Section 11(2) and Section 31, namely the Prevention and Control of Infectious Diseases (Measures Within Infected Local Areas) (National Recovery Plan) (Transition Phase to Endemic) Regulations 2022 [PU(A) 83/2022] have not been revoked.

In other words, the regulations under the National Recovery Plan (transition phase to endemic) remain in force.

There are regulations on prohibited activity, prohibition of a procession, control of gathering, requirement to wear tracking devices and isolation or surveillance of infected persons and suspects, among others.

The regulations also allow the director-general of Health to issue any directions and conditions in any manner, whether generally or specifically, to any person or group of persons to take such measures for preventing and controlling any infectious diseases within any infected local area.

Any directions and conditions issued by the DG must be published on the website of the National Security Council (NSC).

The minister and the DG have the foremost duty to protect public health. Under Act 342, the minister must prescribe measures to be taken to prevent the introduction of any infectious disease into Malaysia from an infected area outside Malaysia, and to prescribe measures to be taken to control or prevent the spread of any infectious disease within or from an infected local area.

The DG has a complementary duty to issue directions to prevent and control any infectious disease – Section 21A of Act 342.

Let’s remind the health minister that the declaration of infected local area is expiring on Dec 31, and secondly, the DG, that directions to prevent and control Covid-19 may need updating on the NSC website.

Covid-19 cases recorded in the 51st Epidemiological Week, from Dec 17 to 22, increased by 29.5 percent, to 22,413 cases, compared with 17,307 cases recorded in the previous week.

Let’s not mess with public health.

The views expressed here are those of the author/contributor and do not necessarily represent the views of Malaysiakini.