22nd November 2022 – (Hong Kong) A 26-year-old man was sentenced by the Eastern Magistrates’ Courts today for violating the Prevention and Control of Disease Regulation (Cap. 599A) (the Regulation).
The man tested positive for COVID-19 on 12th September. During the period when a Red Code was displayed in his Vaccine Pass, he left the place of isolation twice on 15th September and scanned his Vaccine Pass at catering premises under the Vaccine Pass both times. He was charged with two counts of contravening sections 32(1) and 32(3) of the Regulation and was sentenced to a total fine of $6,000 by the Eastern Magistrates’ Courts today.
Under the Regulation, a person shall not, knowing that he or she is infected with a specified infectious disease, expose other persons to the risk of infection by the person’s presence or conduct in any public conveyance or any street, public place, place of entertainment or assembly, club or hotel. Breaching the Regulation is a criminal offence and offenders are subject to a maximum fine of $10,000 and imprisonment for six months. A spokesman for the Department of Health (DH) said the sentence sends a clear message to the community that it is a criminal offence to expose the public to the risk of infection by leaving the designated place of isolation without permission during the period of confirmed COVID-19 infection. The Government will not tolerate such violation and reminds the public again to comply with the relevant regulations.
Also, any person holding a Red Code who is present at catering premises or specified premises under the Prevention and Control of Disease (Requirements and Directions) (Business and Premises) Regulation (Cap. 599F) commits an offence and is subject to a maximum fine of $10,000. The DH will co-operate with other relevant departments to stringently follow up on non-compliant cases and will consider prosecution based on investigation results and evidence.
The spokesman reiterated that co-operation and support by members of the public play a critical role in the anti-epidemic work. They must strictly observe relevant requirements in order to fight the pandemic and minimise the risk of transmission in the community.