The Government yesterday (May 12) exercised the power under the Prevention and Control of Disease (Compulsory Testing for Certain Persons) Regulation (Cap. 599J) to make a "restriction-testing declaration" effective from 3.30pm yesterday, under which people (hereafter referred to as "persons subject to compulsory testing") within the specified "restricted area" in Central and Western District ( i.e. Sai Wan Estate, Central and Western District, excluding kindergarten, Sai Wan Estate Property Services Management Office and social service units thereat) were required to stay in their premises and undergo compulsory testing. Persons subject to compulsory testing are required to stay in their premises until all such persons identified in the "restricted area" have undergone testing and the test results are mostly ascertained.

     In addition, the Government issued a compulsory testing notice yesterday to any person who had been present at the above building for more than two hours from May 6 to May 12, 2022, even if they were not present in the "restricted area" at the time when the declaration took effect, must undergo compulsory testing on or before May 14, 2022. As a mutant strain is involved, for prudence's sake, vaccinated persons and persons who have recently been tested are also required to undergo testing.

     The Government finished the compulsory testing exercise at around 9.45am today (May 13) and is now carrying out enforcement actions in the "restricted area" to verify that all people in the "restricted area" have undergone compulsory testing. The Government will further announce the revocation time of the declaration.

     Starting from around 9.45am today, persons in the specified "restricted area" in Central and Western District who have undergone testing and are able to present SMS notifications with negative test results as proof of having undergone testing may leave the "restricted area" through the designated exit after providing personal information to a prescribed officer.

     The Government set up temporary specimen collection stations in the "restricted area" yesterday and requested persons subject to compulsory testing to collect combined nasal and throat swab samples at the stations to undergo a COVID-19 virus test before 10pm yesterday. A total of about 1 680 persons had undergone testing. Amongst them, 22 tested positive cases were found and the Centre for Health Protection of the Department of Health will take follow-up action. Regarding cases tested positive in the specified "restricted area", the Government will provide health advice for persons tested positive pending admission to hospitals or isolation facilities, disinfection products and surgical masks to these persons and their household members pending follow-up arrangement.

     Moreover, the Government also assigned staff to visit about 630 households within the "restricted area", among which 22 households did not answer the door. The Government will take measures to follow up.

     The Government reiterates that enforcement actions will be taken seriously. Any person who fails to present an SMS notification with a test result as proof of having undergone testing breaches the compulsory testing notice and may be liable to a fine of $10,000. The person will also be issued with a compulsory testing order, requiring him/her to undergo testing within a specified time frame. Failure to comply with the compulsory testing order or the "restriction-testing declaration" is an offence and the offender may be liable to a fine of level 5 ($50,000) and imprisonment for six months.

Attention TV/radio announcers:

Please broadcast the following as soon as possible:

     The Residential Care Homes Legislation (Miscellaneous Amendments) Bill 2022 (Bill) will be gazetted today (May 13), which seeks to enhance the quality of residential care homes for the elderly (RCHEs) and residential care homes for persons with disabilities.
 
     A Government spokesman said, "In response to the public call for enhancing regulation and quality of residential care homes (RCHs), the Social Welfare Department (SWD) set up the Working Group on the Review of Ordinances and Codes of Practice for Residential Care Homes (Working Group) in June 2017 to review the Residential Care Homes (Elderly Persons) Ordinance (Cap. 459), the Residential Care Homes (Persons with Disabilities) Ordinance (Cap. 613) and relevant subsidiary legislation and Codes of Practice. The Working Group completed the review in May 2019 and put forward 19 recommendations. The SWD took forward part of the recommendations by revising the relevant Codes of Practice which took effect in January 2020. Some other recommendations confirmed that the prevailing requirements did not require any change. The remaining recommendations involve staffing of RCHs, area of floor space per resident, accountability of the operators, registration systems for home managers and health workers, provision of care services, and penalties, which have to be implemented by amending the above legislation."
 
     Having regard to the Working Group's recommendations, the SWD's practical experience in regulating RCH operation and various stakeholders' views, the Government proposed legislative amendments to the above legislation to enhance the quality of RCHs in eight aspects:
 
(A) Enhancing the minimum staffing requirements;
(B) Increasing the minimum area of floor space per resident;
(C) Strengthening the accountability of RCH operators;
(D) Introducing a registration system for home managers;
(E) Improving the registration system for health workers;
(F) Enhancing the regulation of medicine management, use of restraints and protection of residents' dignity and privacy;
(G) Raising penalties; and
(H) Repealing the certificate of exemption regime for RCHEs.
 
     To allow the sector sufficient time for transition to the new regulatory regime, if the Bill is passed by the Legislative Council (LegCo), the Government will implement the various new requirements in phases. The majority of the new requirements will be implemented starting from the first anniversary of the gazettal of the amendment ordinance while those requirements for enhancing staffing and area of floor space per resident will have a longer transition period.
 
     The Bill will be introduced into the LegCo for first reading and second reading on May 25. The Government will fully complement the work of the LegCo in scrutinising the Bill, with a view to seeking the LegCo's support and passage of the Bill.

     The Labour Department (LD) today (May 13) reminded employers to make practical and reasonable work arrangements for staff after rainstorms. Employers should also make flexible arrangements for staff to resume work or work from home (if applicable) after a rainstorm warning is cancelled, with due consideration to road and traffic conditions and other factors. This will help maintain good labour-management relations, and ensure the safety of employees and the smooth operation of organisations.

     "For staff who have practical difficulties in resuming work on time upon cancellation of a rainstorm warning, employers should give due consideration to the situations of individual employees and handle each case flexibly. For example, employers may permit employees who have difficulties in returning to workplaces to work from home or allow more time for them to report for duty and resume work. As rainstorms are natural occurrences that cannot be avoided, for employees who are not able to report for duty or resume duty on time due to adverse weather conditions, employers should not withhold their wages, good attendance bonus or allowances without reasons. Employers should enquire into the reasons and give due consideration to the exceptional circumstances in each case, and should not penalise or dismiss the employee concerned rashly," an LD spokesman said.
 
     The spokesman also reminded employers to observe the statutory liabilities and requirements under the Employment Ordinance, the Occupational Safety and Health Ordinance, the Factories and Industrial Undertakings Ordinance, the Employees' Compensation Ordinance and the Minimum Wage Ordinance.
 
     Employers should not deduct the annual leave, statutory holidays or rest days to which employees are entitled under the Employment Ordinance so as to compensate for the loss of working hours resulting from employees' failure to report for duty upon the issuance of a Black Rainstorm Warning Signal. An employer who without reasonable excuse fails to comply with relevant provisions under the Employment Ordinance is liable to prosecution.
 
     Employers should also note that they have an obligation to provide and maintain a safe working environment for their employees under the Occupational Safety and Health Ordinance.
 
     The LD has published the "Code of Practice in Times of Typhoons and Rainstorms", which outlines the major principles, the framework, the reference guidelines and information on relevant legislation on making work arrangements for the reference of employers and employees. The booklet can be obtained from branch offices of the Labour Relations Division or downloaded from the department's webpage (www.labour.gov.hk/eng/public/wcp/Rainstorm.pdf).

     Owing to the thunderstorm warning, the flag-raising ceremony to be conducted at Golden Bauhinia Square, Wan Chai at 8am today (May 13) will be cancelled.