Act 342 applicable to all states except Sarawak – Ismail Sabri


The Prevention and Control of Infectious Diseases Act 1988 (Act 342) is applicable to all states except Sarawak which has its own act, said Senior Minister (Security Cluster) Datuk Seri Ismail Sabri Yaakob.

Ismail Sabri said therefore, other states have no choice but to enforce the Recovery Movement Control Order (RMCO) following the announcement by the federal government on its implementation with gazetted regulations from June 10 to Aug 31.

“All states except for Sarawak no longer have their own act on infectious disease control, so the only reference now is Act 342.

“The states cannot make other regulations because according to the Federal Constitution, any state act or regulation that contradicts a federal government act is ultra vires, void and cannot be implemented,” he said in a daily press conference on the Movement Control Order (MCO) here today.

He was responding to a question on Penang Chief Minister Chow Kon Yeow’s statement that the state government would study the RMCO at a special committee meeting before deciding on its implementation.

Ismail Sabri said the Conditional MCO would be revoked on June 9 as there would be new control measures gazetted under the RMCO, which will take effect on June 10.

“So, which one he (Penang Chief Minister) wants to follow? Of course, he must abide by the gazetted RMCO.

“Even if the Penang state government refuses to enforce the RMCO, federal officers such as the police can take legal action should there be any violation of the standard operating procedures,” he explained.

Therefore, he hoped the state governments especially Penang would implement Act 342.