Media Statement by Dr. Ong Kian Ming, Member of Parliament for Bangi and Assistant Political Education Director for the Democratic Action Party (DAP) on the 7th of June, 2021

Almost one week after the start of the Full Movement Control Order (FMCO), there are even more questions and confusions than compared to MCO 1.0 in March 2020

One would have thought that more than a year since the first MCO was announced in March 2020, this Perikatan Nasional (PN) government would know how to implement a full lockdown with clear and transparent SOPs. Sadly, this has not been the case. Since the FMCO started on the 1st of June, 2021, there has been MORE confusion and questions with regard to this FMCO compared to the first MCO. Here is a list of issues I have compiled based on media reports and social media postings over the past one week.

20 issues which we are still unsure about 1 week into the FMCO

1, We still don’t have a comprehensive list of which sectors or industries are under the jurisdiction of which Ministry.

When the FMCO was first announced, I issued a statement asking the PN government to make public a comprehensive list of the different sectors of the economy and which Ministries are responsible for overseeing them. This list has not been published. We need to know this information even though the issuing of approval letters has gone back to MITI’s CIMS 3.0 system. This is because the approvals still have to come from the respective ministries and there is still confusion among the Ministries themselves as to which sectors they are responsible for.

2. We still don’t know if restaurants are allowed to operate if they have not gotten an approval letter from MITI

One example is restaurants. Although food and beverages are considered as essential items and F&B is considered an essential industry, it is unclear which Ministry is responsible for approving the continued operations of the many thousands of restaurants in the entire country. The Ministry of Housing and Local Government (KPKT) has said that hawkers only need to produce their license to operate from the local authority and not have to wait for the MITI letter to continue to operate.[1] But this has not stopped some irresponsible enforcement officers from pressuring hawkers into showing their MITI letter.[2] Some restaurants continue to remain close even for take away meals because they have not gotten their MITI approval letter yet. I have received some reports that the Ministry of Domestic Trade and Consumer Affairs (KPDNHEP) thinks that only franchise restaurants come under its purview but not the non-franchise restaurants. The National Security Council (NCS) has not clarified this issue at the time of writing.

3. We don’t know if those operating roadside stalls selling food and drinks can continue to operate without an approval letter from MITI

This is similar to the point above except that some of these stalls don’t operate with a valid license from the local authority. But how about those who have been given a temporary license to operate by the local authorities in KL and Selangor, for example, during the COVID19 pandemic? Can they continue to operate? Are the enforcement officers clear on this policy?

4.We don’t know what criteria is being used to ban the sale of alcohol but allow the sale of cigarettes

The Deputy Minister of Trade and Consumer Affairs was reported to have said that the sale of alcohol was banned because it is considered as a non-essential item but that the sale of cigarettes would continue to be allowed to cater for the “cigarette addicts”[3] Later on, Senior Minister Ismail Sabri expressed his confusion over this statement since shops which sell beer such as 7-11 were still being allowed to operate. Some supermarkets then closed down the section of their operations selling beer and other alcoholic beverages to comply with the ‘instruction’ from the Deputy Minister. The Minister of Domestic Trade has not issued any public statement on this issue, as far as I know.

I am not advocating for a ban on cigarettes. What I am asking, like many other Malaysians, is consistency and clarity in government policies on the part of the government. If the production and sale of alcohol are banned during the FMCO, has the government considered that opportunists will take the opportunity to make and sell illegal alcohol which will be much more dangerous to consumers? Or have we forgotten the deaths of those through methanol poisoning by consuming cheap and illegal alcohol back in 2019?[4]

5. We still don’t know if automotive / car workshops are allowed to operate if they have not gotten an approval letter from MITI

Even though car workshops are listed as essential under the distributive trade category, it is still unclear which is the Ministry that is supposed to give approval for these workshops to continue to operate. The Ministry of Transport does not list auto workshops under the sectors that are under its jurisdiction for approval in its SMILE application system.[5] The Ministry of Domestic Trade is maintaining an elegant silence on this issue. So many car workshops continue to remain closed. This means that those in the logistics sector needing servicing may face some challenges. And those who need to drive to work because they are working in the essential services sector must hope and pray that their cars or motorcycles don’t break down or require major servicing.

6. We don’t know if those which are in the distributive trade sector and supplying to the essential services are allowed to operate and from which Ministry do they seek approval from

I know of someone who imports various types of PPE equipment to supply to the hospitals and COVID19 quarantine centres in Malaysia. Without getting the approval to operate, his company would not have been able to continue the supply of these essential items to the Ministry of Health. He tried applying to the Ministry of Domestic Trade but the website and later, the google form application, crashed. After trying various options, I was made to understand that his approval was finally granted. I am still unsure as to which was the approving Ministry for his particular sector of the economy.

7.We don’t know if air-con maintenance and repair are allowed to operate and from which Ministry they should seek approval to operate from

Critical maintenance and repair is listed as one of the 17 essential services during the FMCO but I think it only applies to the construction sector. What about other maintenance and service operations which are critical for the continued operations of other essential sectors? For example, if the air conditioning system at a hospital breaks down, we need those in the air-conditioning service sector to do their repair work. For factories producing food and beverages, they also need their air circulation system to be maintained. In fact, one can say that given the airborne nature of the COVID19 virus, the air-conditioning sector should be considered as essential especially for the servicing of commercial (including factories) and government buildings. We are also unsure which Ministry the air-con sector comes under.

8.We don’t know if plumbers are allowed to operate and from which Ministry they should seek approval to operate from

Plumbers are also important to ensure that the toilets in hospitals, factories, offices and government buildings are “flowing” smoothly. But which Ministry is in charge of approving plumbers to continue to operate under FMCO?

9. We don’t know if those servicing photocopiers and printers are allowed to operate and from which Ministry they need to seek approval from

I also received a request from a company whose sales and marketing arm services the photocopiers and provides printing paper to many government ministries and agencies including the Ministry of Health and Ministry of Finance. If such companies are not allowed to operate, the Ministries and even hospitals, may not have the required paper to print their documents on and also would not be able to have access to photocopiers and printers which have broken down and are being left unrepaired during the FMCO.

10. We don’t know what criteria is being used to approve or not to approve those who are in the essential services supply chain

There should have been a clear mapping and understanding of the sectors and companies which are critical to the continued operations of the essential services sectors. This can be used as the basis of approving or not approving or approving at a much-reduced capacity, companies which are part of this supply chain. As of today, we have not seen such a mapping or heard any explanations from any Minister with regard to the bigger picture surrounding the supply chain for essential services.

11. We don’t know how children are going to learn online when computer and telco shops are closed and the stationary section in the supermarkets are shut down

The Minister of Education recently announced that classes will continue to remain online when school reopens on the 13th and 14 of June 2021.[6] But many parents who want to repair their laptops and handphones used by their children for online learning at home cannot do so because all of these services are shut down by the FMCO. Furthermore, even stationary sections of some supermarkets have been shut down thereby preventing parents from even buying stationary for their children to use at home.

12. We don’t know how people are supposed to Work From Home (WFH) if their laptops break down and their phones are damaged but the IT and Hphone shops are closed

Similarly, for those who have to work from home using their laptops and handphones, they better hope that their devices don’t break down during the FMCO since none of the places which repairs these devices are open during the MCO. (I had a problem with my laptop which could only be fixed at the HQ of the company and I was informed that this could only be done after the end of the FMCO. Thankfully I have the resources to buy a new laptop but what about those who don’t have the funds to buy a laptop during such an emergency?)

13. We don’t know how those people who seek treatments from Traditional Chinese Medicine (TCM) can continue to seek such treatments

I was also told that those seeking treatments from TCM shops cannot do so during the FMCO. The operators of the TCM shops cannot even go to their shops to pack packages of herbs to sent to their customers as they are NOT considered as an essential service even though they provide health and other related relief to their customers.

14. We don’t know why hair colouring is not allowed to be sold at pharmacies

Apparently, some pharmacies sealed up the section of their stores selling hair colouring as it is deemed as a non-essential item. I cannot understand why the selling of hair colouring at a pharmacy that is already open can be detrimental to our overall fight against the COVID19 pandemic.

15. We don’t know why the home improvement section in some shops e.g. DIY are not allowed to be opened

Apparently, some sections of hardware shops which sell home improvement products have been cordoned off. I received a report via tweet that a person couldn’t buy “hooks” for his bathroom from DIY because this section had been cordoned off.

16. We don’t know how people are going to cook at home if some of their home appliances break down since electrical appliance stores are not opened and the sections selling some of these items in supermarkets are closed (e.g. rice cookers and kettles)

Household appliances such as rice cookers and kettles have their shelf life. Some may short circuit during the FMCO because of overuse. But we may not be able to buy their replacements because those shops selling electrical appliances are not open and the sections selling some of these items in some supermarkets have been cordoned off. Of course, there is the option of buying these items online but delivery may take a few days and for some of the semi-urban areas, the preferred option would still be to go to the physical store to procure these items.

17.We don’t know how companies which are in non-essential sectors can continue to maintain their data centres in case of emergencies

I know of a company which is in the non-essential sector but has an important data centre which stores and processes critical information to the financial services sector. For these companies, they need to have one or two people on standby to access the data center in case there is an emergency or if the server breaks down (for whatever reason). Is MDEC, the agency under the Ministry of Multimedia and Communications, that is in charge of data centre operations, aware of such issues happening?

18.We cannot understand why some companies were issued letters of approval by MITI but when the QR code for the company is scanned by the police, the details reveal that it is considered as a non-essential industry (show example)

This is a bit of a technical issue but is important in terms of preventing companies and their staff from being unfairly fined. Some companies which are listed as essential services suddenly find that they are NOT classified as an essential service when the QR code on their MITI letter is scanned by the authorities including the police. This means that the employees of companies with this sort of letter can potentially be fined thousands of ringgit for violating the FMCO. Appendix 1 shows the information from an Optometrist which is NOT classified as essential under the QR code scan even though a letter from MITI has been issued to allow this optometrist to continue to operate under the FMCO.

19.We still don’t understand why jogging is allowed but cycling is banned

I appreciate the fact that jogging and exercise alone in our residential areas are still permitted. But I fail to understand why cycling alone is not permitted, especially if this person is cycling within a 10km radius of his or her home. Furthermore, some people actually cycle to work (including some factory workers in my constituency) and some people cycle to the morning market to do their grocery shopping. Will they be fined for cycling by the enforcement authorities?

20. We still haven’t heard the following Ministers come together and separately give a press briefing on the sectors under their jurisdiction – MITI, Home Ministry, Domestic Trade, Communications and Multimedia, Housing and Local Government (just to name a few)

I am not sure if a gag order has been issued by the Prime Minister to disallow Ministers other than Ismail Sabri to have press briefings for the FMCO. But given the current confusion over the SOPs, shouldn’t the Ministers from the key Ministries (as suggested above) organize a joint press conference to clear the air? We wait with bated breath for this to happen.

Appendix 1: Optometrist considered as “non-essential” in the QR code scan
Appendix 1: Optometrist considered as “non-essential” in the QR code scan







Media Statement by Dr. Ong Kian Ming, Member of Parliament for Bangi and Assistant Political Education Director for the Democratic Action Party (DAP) on the 21st of October 2020

Confusion and contradictions at MITI and the National Security Council (NSC)

On the 20th of October, 2020, the Senior Minister and Minister of Defence, Ismail Sabri, announced that all workers in management and supervisory positions in the private and public sectors would Work From Home (WFH) starting on the 22nd of October, 2020. Since this announcement, there has been utter confusion between the Ministry of International Trade and Industry (MITI) and the National Security Council (NSC) on the policies and Standard Operating Procedures (SOPs) for the areas under the Conditional Movement Control Order (CMCO) namely the Klang Valley and Sabah. The announcements by the two Ministers, Azmin Ali and Ismail Sabri, have raised more questions than answers.

1) Which are sectors and industries which are affected by this Work From Home (WFH) order?

The initial understanding was that this directive would affect ALL sectors in the private sector. This is based on the press statement issued by MITI Minister, Azmin Ali, on the 21st of October which mentions the 3.1 million workers in the Klang Valley and Sabah that are in the manufacturing, services and construction sectors.1 But in his press conference at 6pm on the 21st of October, Ismail Sabri stated that only “industries and the civil service” will be affected. He was also reported to have said that the retail sector does not fall under “industries” which contradicts MITI’s earlier statement on the same day.2

2) Who exactly are the management and supervisory staff? What is MITI’s definition?

Many companies are still not sure of who exactly constitutes management and supervisory staff. This is especially relevant in the professional services sector where almost everyone beyond the entry level would have at least some supervisory responsibilities. MITI may be more familiar with the manufacturing sector where the majority of the staff work on the factory floor and where the ratio of supervisors to blue collar workers is very high. The same model cannot be used in the accounting, legal, IT and financial services sectors because of the higher number of white collar workers .

3) For the 10% of management and supervisory staff who can come in to work, what are the detailed working arrangements?(e.g. working in shifts, working for 4 hours but not from 10am to 2pm necessarily, etc…)

MITI probably relented from pressure from the chambers of commerce and industry groups when it allowed 10% of management and supervisory staff including those with responsibilities in accounting, finance, administration, legal, planning and ICT to come to the office from 10am to 2pm for 3 days a week. It is not stated whether a company can adjust these working hours e.g. from 9am to 1pm or from 12pm to 4pm. It is also not clear if companies can rotate the staff who can come into the office for 4 hours a day, 3 days a week. In an interview with Astro Awani, the Deputy Secretary General of MITI, Norazman Ayob, did clarify to say that the companies can pick and choose how they want to assign their management staff to come into the office on a rotation basis but this was not incorporated into the MITI media statement.3 In addition, this working arrangement for the supervisory staff does not take into account manufacturing facilities which have to operate their plants on a 24/7 basis. Limiting the working hours from 10am to 2pm would not work for the supervisory staff which have to oversee different shifts at different times in a manufacturing facility.

4) What about those companies which cannot function properly with only 10% of management and supervisory staff at the office and working only 4 hours for 3 days a week?

MITI’s directive of only allowing 10% of management and supervisory staff to come into the office to work may disrupt the operations of companies in certain sectors. This is especially relevant for the sectors where management and supervisory staff are required to have face to face engagement with their customers for example in financial services and sales. Will MITI make exceptions for sectors which can demonstrate that they cannot function properly with only 10% of management and supervisory staff working at the office?

5) What about small businesses with less than 10 employees?

There were also questions directed at MITI’s social media asking about companies with less than 10 staff. Does this mean that for these companies, no management or supervisory staff can work at the office?

6) Are swab tests for those who still have to go to work mandatory?

Or only for those in the red zones? Or only for certain categories of workers or industries? One of the major areas of confusion was whether staff who cannot work from home needed to undergo swab tests before coming to the office to work. This issue was not addressed in the MITI media statement and was only subsequent clarified by Ismail Sabri in his media conference. The COVID 19 swab tests was only compulsory for those workers in the construction and security sectors and those workers with symptoms. For workers in the red zones who have to go to the office, it is not mandatory but they are highly encouraged to go for a swab test. (See Figure 1 below) Because this clarification only came out yesterday evening, many companies had already made arrangements for their staff to be tested. This is an additional cost to companies which are already under financial pressures because of the COVID pandemic. In addition, for those who want to claim the swab test expense from SOCSO (max of RM150 per test), they can only go to ONE panel clinic in the entire country which is the BP chain of health clinics.4 The number of panel clinics should be increased so that bottlenecks can be minimized and more clinics can offer their COVID testing services.

7) Where are the red zones exactly?

It is also not clear which districts / areas are considered as red zones by the National Security Council (NSC) for the purposes of testing. For example, Figure 2 below shows that there are 5 districts (“daerahs) which are considered red zones in Selangor – Petaling, Hulu Langat, Gombak, Klang, Sepang and Kuala Langat. But according to Figure 3 below, not all of the sub-districts (“mukim) are classified as red zones within the red zone districts. For example, the Kapar mukim in the Klang district is a yellow zone and only the Kajang mukim in the Hulu Langat district is classified as a red zone. Does this mean that those who are in the Cheras mukim in Hulu Langat (a yellow zone) are not encouraged to go for swab tests and only those who are working in the Kajang mukim should go for the swab tests? In addition, do companies know the exact boundaries of these mukims / sub-districts? As the Member of Parliament for Bangi, I am not 100% sure where the boundaries of the Cheras mukim in Hulu Langat starts and ends and where the boundaries of the Kajang mukim starts and ends. I am quite certain that many companies will also be confused as to the mukim they are located in.

8) What is the punishment for non-compliance?

MITI has announced that they will be doing spot checks on companies to make sure that they comply with the conditions announced under the CMCO. But is it fair to punish companies who are not able to comply to these conditions because of the lack of details on the part of MITI and contradictory statements between MITI and the NSC? I can only hope that companies will not be punished as a result of unclear instructions on the part of MITI and the NSC.

9) Where are the detailed FAQs by MITI?

MITI’s statement on the 21st of October raised more questions than answers. This is why MITI should have issued a detailed FAQ to answer specific questions from the companies affected by this directive. Some details were apparently given by Deputy Secretary General Norazman during an industry engagement session on the 21st of October. But because these details are not confirmed by MITI, companies cannot assume that this is the official position of the government. MITI still has a lot of work to do to answer these questions by issuing a detailed FAQ. The confusion and the lack of clarity on the part of MITI and the NSC means that employers and businesses will be operating under a cloud of confusion when this directive starts on the 22nd of October 2020.

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