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Malaysian Bar: The country needs Covid-19 law

KUALA LUMPUR: The Malaysian Bar has called for the enactment of a Covid-19 law as the country plans for an exit strategy from the Movement Control Order (MCO).

Its president Salim Bashir said urgent legislation is needed to protect individuals and businesses from the consequences of being unable to fulfil contractual obligations arising from the measures taken to prevent Covid-19 infection.

In his statement, Salim said Malaysia needs a Covid-19 law and it must be implemented before the MCO is lifted.

"We strongly urge the government to introduce one as soon as possible, and to extend the sitting of the Dewan Rakyat to cater for this.The Dewan Negara also needs to meet so the Parliamentary business can fully take place," he said today.

He said the government had so far announced measures on commercial activities and apart from ordering businesses and shops to be closed or opened, it lacked legitimacy as they are implemented through administrative directives.

These directives, Salim said, apply on regulated institutions such as financial institutions, government-linked corporations, government departments and government agencies.

"They do not include the vast number of other private business transactions, like supply agreements, sale and purchase agreements, the majority of employment contracts, and rental or hire agreements," he said.

"Legal protection from the unintended non-performance of contracts needs to be provided for specifically, and enacted by legislation, to provide comprehensive coverage," Salim said.

He said Singapore had introduced a legislation, among others, prohibiting booking deposits to be forfeited for weddings or business functions that had to be postponed, and termination of business premises leases due to non-payment of rentals.

The United Kingdom, he said, had introduced the Coronavirus Act 2020 in March to allow regulations to be made regarding employment contracts to protect employers and employees.

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