By:
Harneshpal Karamjit Singh (Co-Managing Partner) [harnesh@luibhullar.com]
Bryan Lui (Co-Managing Partner) [bryanlui@luibhullar.com]
Chandni Anantha Krishnan (Partner) [chandni@luibhullar.com]
INTRODUCTION
On 11.01.2021, Prime Minister Muhiyddin Yassin announced that because of the ongoing surge of COVID-19 cases and deaths, movement control restrictions on mobility, economic activity, and public and social gathering would be re-imposed on five (5) states and three (3) Federal Territories namely Malacca, Johor, Penang, Selangor, Sabah, Federal Territory of Kuala Lumpur, Federal Territory of Putrajaya and Federal Territory of Labuan.
Naturally, this caused a stir on whether the operations of lawyers and law firms would be curtailed by the movement control restrictions. Whether lawyers could go and sit in front of their computers in their offices (something they could do at home and be classified as work-from-home).
Accordingly, we are guided by the Prevention and Control of Infectious Diseases (Measures Within Infected Local Areas) (Movement Control) Regulations 2021 (“2021 Regulations”) which was gazetted on 12.01.2021.
2021 REGULATIONS
Regulation 1(2) of the 2021 Regulations state that the 2021 Regulation is in effect for the period between 13.01.2021 to 26.01.2021. Regulation 2 of the 2021 Regulations state that the 2021 Regulations shall apply to the abovementioned states and federal territories.
Regulation 4(2)(f) of the 2021 Regulations state that subject to regulation 5, a person may move from one place to another place within any infected area or from one infected local area to another infected local area to provide any essential services or perform any duty in relation to any essential services.
Regulation 5(1)(d) of the 2021 Regulations state that where a person moves from one place to another place within any infected local area or from one infected local area to another infected local area to provide any essential services or perform any duty in relation to any essential services, he shall provide the necessary proof as requested by an authorized officer.
So the big Question is – are lawyers and law firms essential services?
Regulation 3 and Section 36 of the Schedule of 2021 Regulations state that professional services in scientific, research and development, technical and maintenance field including accountant, lawyer, auditor, engineer and architect fall under essential services.
The drafting of Section 36 of the Schedule of 2021 Regulations may not be the best as it differs from Enclosure 1 Category C Item 27 of the Media Statement by YB Dato’ Seri Mohamed Azmin Ali, Minister of International Trade and Industry on 12.01.2021 which states as follows (translated into the English language):
Professional Services (including accountant, lawyer, auditor, engineer and architect), scientific (including research and development) and technical (including maintenance).
Regardless, the answer is in the affirmative, i.e. lawyers are considered to provide essential services and law firms can operate during the colloquial MCO 2.0.
Furthermore, if a lawyer, can furnish his Practising Certificate and a related Work Letter from his law firm, he shall be able to travel to the law firm, sit in front of his computer to work pursuant to Regulation 5(1)(d) of the 2021 Regulations.
It is also appropriate to draw the attention to Regulation 4(2)(d) of the 2021 Regulations state that subject to regulation 5, a person may move from one place to another place within any infected area or from one infected local area to another infected local area to procure any essential services from any provider of essential services.
Further attention is also drawn to Regulation 5(1)(e) of the 2021 Regulations which state that where a person moves from one place to another place within any infected local area or from one infected local area to another infected local area to procure any essential services, he shall provide the necessary proof as requested by an authorized officer.
Therefore, if a client, can furnish a Letter of Appointment from a law firm concerning a legal case, he shall be able to travel to the said law firm for the purposes of his case.
CONCLUSION
In conclusion, please be guided by promulgated laws. The 2021 Regulations is the law governing the movement control restrictions and lawyers are categorized as providing essential services.
Law firms can mandate employees to work-from-home but if you must be in the office for work, the law allows you to do so.
Happy MCO-ing!
Image by Helena Jankovičová Kováčová from Pixabay
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