Malaysia – Covid-19 Laws: Examining The Legal Implications On The Maxim Generalia Specialibus Non Derogant.

12 August 2020
 

Due to the spike in COVID-19 cases in Malaysia, a nationwide 14-day Movement Control Order (MCO) was imposed from 18 March to 31 March 2020 in order to curb the spread of infection. Subsequently, the Prevention and Control of Infectious Diseases (Measures within the Infected Local Areas) Regulations 2020 was gazetted to give effect to the MCO. The MCO has further been extended with a gradual easing of restrictions. Malaysia is currently under a Recovery Movement Control Order until 31 August 2020.
 
Whilst the Regulations were made to safeguard the public’s health and wellbeing, it had an undesired effect on the Malaysian economy. One question that has arisen is whether the Regulations can co-exist in harmony with existing laws. The answer lies in the latin phrase of generalia specialibus non derogant which translates to general statements or provisions do not derogate from special statements or provisions. This article will look at the clash between the Prevention and Control of Infectious Diseases Act 1988 and the Contract Act 1950 in light of the maxim and how it can be applied to existing commercial contracts that have been disrupted by COVID-19.