Covid-19: Why are some S'poreans saying the circuit-breaker ban on gatherings is for 6 months?

After all, Law Minister K Shanmugam did indeed say 'the Bill will be valid for six months'.

Nigel Chua| April 09, 2020, 11:32 AM

Tightened restrictions on movements and gatherings of people kicked in from Tuesday, Apr. 7, as part of a month-long circuit breaker period intended to curb the rise in Covid-19 infections here.

It appears, however, that there has been some confusion over how long the circuit breaker period is going to last, with some Singaporeans saying that it would be in place for six months, or up to a year:https://www.facebook.com/Allsonng/posts/10158228996264214?hc_location=ufi

So wait a second, let's backtrack. What is the circuit breaker, again?

First, some background. Prime Minister Lee Hsien Loong announced stricter measures which would be "like a circuit breaker", to "help reduce the risk of a big outbreak occurring", in a televised address on Apr. 3.

He said this new "circuit-breaker" mode would apply for one month, from Apr. 7 to May 4.

However, law does not magically spring into existence simply because the PM says so on TV. Thus, new laws had to be passed to give (legal) effect to what had been announced.

Where did people get the idea of "6 months"?

A CNA article shared in the posts above says:

"The Bill will be valid for six months, Law and Home Affairs Minister K Shanmugam had said earlier, with the Minister for Law given power to extend it for up to a year." (emphasis ours)

And what is this "Bill"?

The bill being referred to is called the "Covid-19 (Temporary Measures) Bill 2020", which was since passed by Parliament on Apr. 7, making it law. Thus, it is now called the "Covid-19 (Temporary Measures) Act 2020", or, the Act.

Now, CNA is not wrong. Shanmugam did indeed say, in his speech on the bill, that "in the first instance, the Bill will be valid for six months. The Minister for Law will be given power to extend it up to one year." (emphasis ours)

However, the CNA article also says that:

"[Health Minister Gan Kim Yong] highlighted that the circuit breaker measures designed to limit the spread of COVID-19 will be imposed until May 4."

So in other words, what they're saying is, the law that was passed is valid for six months. The actual rules that apply (i.e. no leaving your house, no entering someone else's house, no seeing your boyfriend/girlfriend who doesn't live with you) were imposed by Minister Gan only until May 4... for now.

So is it for six months, or only until May 4? Where is the black and white?

The Act itself only says that the Health Minister may make stricter regulations on things like requiring people to stay in specified places, restricting movements, closing premises, and prohibiting gatherings.

This is mentioned in Section 34 of the Act.

"34.—(1) The Minister may make regulations (called in this Part a control order) for the purpose of preventing, protecting against, delaying or otherwise controlling the incidence or transmission of COVID-19 in Singapore" (emphasis ours)

As one astute commenter pointed out, none of this matters unless the Minister actually does make such regulations:

Screenshot from Mothership.sg on FB.

Which is why the set of regulations called the "Covid-19 (Temporary Measures)(Control Order) Regulations 2020", or, the Regulations, were created, and published on the government gazette, on the evening of Tuesday, April 7.

These Regulations spell out, in legal terms, the details of the circuit breaker PM Lee announced, including:

  • Closure of most workplaces, except for essential services and key economic sectors.
  • Full home-based learning in schools and institutes of higher learning (IHLs), and
  • Tightened restrictions on movements and gatherings of people.

These regulations too, that apply also to our daily lives:

And for good measure, Section 1(2) of the Regulations says:

"These Regulations are in force for the period between 7 April 2020 and 4 May 2020 (both dates inclusive)."

tl;dr:

In summary, the law allowing Health Minister Gan to issue a control order is valid for six months, and can be extended up to a year.

But, the control order Minister Gan has issued is in force from Apr. 7 to May 4.

Unless it is extended, there is no reason or need to believe that the circuit breaker will last for six months.

There you have it. Tell your friends.

But do it online, please, and not at gatherings, or the circuit breaker may indeed end up lasting for six months.

Top image via Masagos Zulkifli on Facebook.