The Government has announced it will gazette amendments to the subsidiary legislation under the Prevention and Control of Disease Ordinance (Cap. 599), increasing the penalties for breaching the relevant Regulations. The amendments/ new fines will take effect from 11 December, 2020.
A spokesman for the Food and Health Bureau said, “Anti-epidemic work requires the cooperation and self-discipline of all citizens by strictly complying with various anti-epidemic measures, including avoiding crowds, keeping social distance and maintaining personal hygiene… Faced with the epidemic surge, apart from tightening various infection control measures, it is imperative to increase the relevant penalties in order to create the necessary deterrence effect and ensure strict compliance with relevant requirements.”
The penalties amended under relevant Regulations are as follows:
Prevention and Control of Disease (Prohibition on Group Gathering) Regulation (Cap. 599G)
Any person who participates in a prohibited group gathering commits an offence. The fixed penalty for discharging liability for the offence is raised from $2,000 to $5,000;
Prevention and Control of Disease (Wearing of Mask) Regulation (Cap. 599I)
Anyone who fails to wear a mask in accordance with the requirement when boarding or on board a public transport carrier, entering or present in an MTR paid area, or entering or present in a specified public place (currently covering all public places, save for outdoor public places in country parks and special areas as defined in section 2 of the Country Parks Ordinance (Cap. 208)) commits an offence. The fixed penalty for discharging liability for the offence is raised from $2,000 to $5,000. The maximum penalty upon conviction is raised from a fine at level 2 ($5,000) to level 3 ($10,000).
Prevention and Control of Disease (Compulsory Testing for Certain Persons) Regulation (Cap. 599J)
Anyone who fails to comply with a requirement of a compulsory testing direction or a compulsory testing notice commits an offence. The maximum penalty upon conviction is raised from a fine at level 1 ($2,000) to level 3 ($10,000). The fixed penalty for discharging liability for the offence is raised from $2,000 to $5,000.
The spokesman emphasised that the Government will step up inspections and law enforcement, taking stringent enforcement actions against offenders. If compliance is not satisfactory, the Government does not rule out the possibility of further raising the penalties.
The spokesman added “At this critical juncture of anti-epidemic work, we need the collective efforts of the community to keep social distance and maintain personal hygiene, in order to protect ourselves, our families and the public at large, especially the high-risk and disadvantaged groups. Accordingly, the Government strongly urges all members of the public to stay at home as far as possible and stop all unnecessary social activities. We are confident that with solidarity and concerted efforts of all, we should be able to fight this wave of epidemic together with a view to resuming normal economic and social activities.”