The following is issued on behalf of the Hospital Authority: The Hospital Authority today (April 13) announced information regarding patients who tested positive via admission screening or testing with patients or staff members i… read more
The following is issued on behalf of the Hospital Authority: Regarding an earlier announcement on Candida auris carrier cases, the spokesperson for Princess Margaret Hospital gave the following update today (April 13): … read more
A spokesman for the Food and Environmental Hygiene Department (FEHD) today (April 13) reminded various sectors to stay vigilant during the long Easter holidays in order to help the epidemic situation continue to subside and prevent a rebound. Operators of catering businesses and scheduled premises must strictly comply with the requirements and directions under the Prevention and Control of Disease (Requirements and Directions) (Business and Premises) Regulation (Cap. 599F) (the Regulation), the Prevention and Control of Disease (Vaccine Pass) Regulation (Cap. 599L) and more. Customers must also comply with the various anti-epidemic regulations and restrictions, including the requirements on vaccination, group gatherings and the wearing of masks.
A spokesman for the FEHD said, “The latest directions issued by the Secretary for Food and Health in relation to social distancing measures in catering businesses and scheduled premises under the Regulation have been extended till April 20 and the Vaccine Pass arrangements are implemented. The FEHD will continue to step up its inspections and conduct joint operations with the Police, so as to take stringent enforcement action against operators, staff and customers of catering businesses and certain scheduled premises who defy anti-epidemic regulations during the long Easter holidays.”
The spokesman reminded the public that, under the Vaccine Pass arrangements, except under exempted scenarios (e.g. for those issued with a COVID-19 Vaccination Medical Exemption Certificate or for other specified scenarios), all persons aged 12 or above entering or remaining at any specified premises (including all catering premises, FEHD markets and hawker bazaars) must comply with the vaccination requirements.
In addition, premises operators and members of the public must strictly comply with a series of requirements and restrictions. Among these, members of the public (excluding persons who only order takeaway) are required to use the “LeaveHomeSafe” mobile application to scan the venue QR code before they enter catering premises or the FEHD’s public markets, hawker bazaars and cooked food markets. To ensure compliance with the Vaccine Pass requirements, operators of catering businesses are required to use the latest version of the “QR Code Verification Scanner” mobile app developed by the Government to scan the QR code of a customer’s vaccination record.
They are also required to ensure that the ventilating system (outside air) approved under the licence is properly repaired and maintained so that the outside air supply consistently fulfils the approval requirements, and that the system, regardless of whether it meets the requirement of an air change per hour level of 6, is fully switched on when the premises is open for business to ensure a proper supply of outside air. They are also required to register having reached the requirements of air change or installation of air purifiers that meet the specified specifications. They must, after air purifiers have been installed at the premises, properly switch on, operate, maintain and repair the air purifiers in accordance with the manufacturer’s manual when their premises are open for business.
Catering premises which have yet to register via the designated FEHD webpage on compliance with a minimum of six air changes per hour or installation of air purifiers meeting the prescribed specifications are required, under the directions, to remain closed. They must first comply with the above requirements, complete such registration and obtain confirmation from the FEHD as valid before they are allowed to reopen their businesses.
Operators of catering premises are also required to display the posters containing the “LeaveHomeSafe” venue QR code, notices applicable to premises subject to active checking of the Vaccine Pass and notices on air change per hour or air purifiers at the entrances of the premises or at conspicuous locations.
The FEHD also reminded operators of catering premises to make necessary preparations for the new round of social distancing measures to be introduced from April 21. To cope with a possible increase in the number of customers, operators of catering premises may consider taking the following steps at the entrance of the premises in a timely manner to enhance the efficiency of scanning the vaccination records of customers: (1) use of a rear camera that has stronger focusing performance if the front camera of the mobile device in use is not sensitive enough, and (2) as needed, setting up several mobile devices for customers to scan their vaccination records at the same time.
The FEHD has issued advisory letters to operators of catering premises to remind them to comply with the relevant requirements and directions. Details are set out in FEHD’s webpage (www.fehd.gov.hk/english/licensing/guide_general_reference/Advisory_Letter_CP_20220412.html).
If a person responsible for carrying on a catering business contravenes the Regulation or the requirements and directions of the Vaccine Pass, he or she is liable to be prosecuted and, upon conviction, to a maximum fine of $50,000 and imprisonment for six months. Persons who are present at catering premises or other specified premises must comply with directions applicable to them. Non-compliance with the relevant directions is an offence and offenders are subject to a maximum fine of $10,000. The liability may be discharged by paying a fixed penalty of $5,000. In addition, for customers in breach of the requirement on the maximum number of persons per table within catering premises, they are liable to a fixed penalty of $5,000 for violating the Prevention and Control of Disease (Prohibition on Gathering) Regulation (Cap. 599G). For customers not wearing a mask when they are not eating or drinking at a table therein or they are not eating or drinking, they are liable to a fixed penalty of $5,000 for contravening the Prevention and Control of Disease (Wearing of Mask) Regulation (Cap. 599I).
In addition, the FEHD will also conduct joint operations with several government departments during the long Easter holidays at popular places where foreign domestic helpers (FDHs) commonly gather, to carry out publicity and educational work, appealing to FDHs to raise awareness of epidemic prevention and comply with the various anti-epidemic regulations and restrictions.
During the operations, apart from arranging for cleaning contractors to strengthen the street cleaning services at relevant spots, the FEHD will also step up patrols to combat unlicensed hawking activities. Promotional leaflets in multiple languages will also be distributed by the FEHD to appeal to FDHs to maintain environmental hygiene and refrain from conducting unlicensed hawking activities. FDHs will also be reminded by other government departments to comply with the regulations on mask wearing and the prohibition of gatherings in public places.
From January to April 10 this year, the FEHD participated in over 360 inter-departmental joint operations at public places where people including FDHs congregate during weekends and public holidays. A total of 74 fixed penalty notices were issued to persons who breached public cleanliness offences and caused obstruction in public places. In addition, seven persons were arrested and prosecuted for illegal hawking in public places; 92 seizures of hawker abandoned articles, including cooked food, weighing about 442 kilograms, were effected; and three prosecutions were taken against the operators of restaurants for breaching the Food Business Regulation (Cap. 132X).
On the other hand, in light of the epidemic developments, the FEHD markets will resume the closing time at 8pm. The FEHD has liaised with the sector of the relevant trade federation on the opening hours of markets and garnered its support and co-operation. Market management/cleaning service contractors will continue to conduct thorough cleaning in all markets, cooked food markets and cooked food centres after the venues are closed every day, while the FEHD will continue to step up regular cleaning and disinfection of communal areas and facilities in the markets, cooked food markets and cooked food centres, including toilets, escalators, elevators and stair handrails, with diluted household bleach regularly every day.
To minimise the risk of COVID-19 transmission, the spokesman strongly appealed to all sectors of the community to stay vigilant and comply with the relevant regulations on prevention and control of disease in a concerted and persistent manner during the long Easter holidays. The FEHD will continue to maintain communication with the sector and strengthen its publicity efforts and enforcement actions. All sectors are reminded to exercise self-discipline and co-operate to fight the virus together. read more
The Returning Officer of the sixth-term Chief Executive Election, Mr Justice Keith Yeung Kar-hung, today (April 13) received a nomination form from John Lee Ka-chiu.
The Candidate Eligibility Review Committee will, within seven days after the close of the nomination period, publish in the Gazette a notice of all validly nominated candidates.
A candidate’s nomination must be subscribed by not less than 188 members of the Election Committee, with not less than 15 members of the Election Committee in each of the five sectors.
The nomination period, which started on April 3, will run until April 16. As April 15 and 16 are both general holidays, the deadline for submitting the nomination form would be 5pm on April 14. read more
The Hong Kong Special Administrative Region (HKSAR) Government today (April 13) expressed strong opposition to the comments contained in the United States Department of State’s 2021 Country Reports on Human Rights Practices (the Report) relating to the HKSAR.
A Government spokesman said, “We strongly oppose the various unfounded allegations against the HKSAR Government in the Report. Human rights are fully protected by law in Hong Kong. The Basic Law, the constitutional document of the HKSAR, provides a constitutional guarantee for fundamental rights and freedoms, including the right to equality before the law, and is buttressed by the rule of law and an independent judiciary. Safeguarding human rights and freedoms is a constitutional duty of the HKSAR Government. The Government attaches the utmost importance and is firmly committed to upholding human rights and various freedoms in Hong Kong. We strongly urge the United States to immediately stop breaching the international law based on its biased political interests to intervene in Hong Kong matters, which are purely the internal affairs of the People’s Republic of China (PRC).”
Improving the Electoral System
“We strongly oppose the unfounded allegations against the 2021 Legislative Council General Election. The improvement to the electoral system fully implements the principle of ‘patriots administering Hong Kong’, ensuring that members of the Legislative Council love the country and Hong Kong, and act in the interests of the country’s development and the long-term prosperity and stability of Hong Kong. Membership of the Legislative Council is increased from 70 to 90 in number, with a much wider spread across different backgrounds and the political spectrum. Such diversity showcases the broad representation and political inclusiveness of the improved electoral system. The elected legislators have been returned by the Election Committee constituency, functional constituencies and geographical constituencies through direct elections, thereby balancing the overall interests of Hong Kong, the interests of different sectors and districts and ensuring balanced participation in the election. Furthermore, all seats were contested, unlike previously when seats in some subsectors were automatically elected because only one candidate was running. The open, fair, and healthy competition among candidates reflected the fairness and competitiveness of the new electoral system.”
The National Security Law
“The allegations smearing the Law of the People’s Republic of China on Safeguarding National Security in the Hong Kong Special Administrative Region (the National Security Law) is totally groundless and cannot be further from the truth,” the spokesman said.
“We must reiterate that all law enforcement actions taken by the HKSAR law enforcement agencies under the National Security Law, or indeed any local legislation, are based on evidence, strictly according to the law and for the acts of the persons or entities concerned, and have nothing to do with their occupation, background or political stance.
“The National Security Law has clearly stipulated four categories of offences that endanger national security. Such offences are clearly defined and are similar to those in the national security laws of other jurisdictions. The elements, penalties, mitigation factors and other consequences of the offences are clearly prescribed in Chapter III of the National Security Law. A defendant may only be convicted by the court if the court is satisfied beyond reasonable doubt that the defendant has the relevant actus reus and mens rea of the offence.
“Accusations against the formation of a list of designated judges who handle cases of endangering national security are not only baseless but also factually incorrect. The Chief Executive only establishes a list or panel of judges for dealing with national security cases. The listing and handling of cases as well as the assignment of which judge or judges are to handle cases have always been judicial functions to be exercised by the Judiciary independently. It is not uncommon for courts to designate specialist judges dealing with a particular area of law.
“Acts and activities that endanger national security may have very serious consequences. While the National Security Law has put in place a stringent threshold for the grant of bail for cases endangering national security, the law has not violated the legal principle of presumption of innocence. On the contrary, it is clearly stipulated in the judgment of the Court of Final Appeal concerning the provision on bail of the National Security Law that the National Security Law has emphasised protection and respect for human rights as well as adherence to rule of law values while safeguarding national security.
“Being an inalienable part of the PRC, the HKSAR has the constitutional duty to safeguard national security. Since the implementation of the National Security Law on June 30, 2020, stability has been restored in Hong Kong society. People’s lives and property are protected and they can once again enjoy their legitimate rights and freedoms, which the National Security Law clearly stipulates shall be protected under the Basic Law and the provisions of the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights as applied to Hong Kong in accordance with the law.”
Academic Freedom
“As regards academic freedom, post-secondary education institutions in the HKSAR are independent organisations. While enjoying autonomy on institutional affairs (including the handling of matters concerning student unions), they also have the responsibility to make sure their operations are in compliance with the law and meet the interests of the community at large. The institutions are fulfilling their obligation of safeguarding national security in accordance with statutory requirements and the principle of institutional autonomy.
“Article 137 of the Basic Law specifically and clearly states that educational institutions of all kinds may retain their autonomy and enjoy academic freedom. These safeguards provided in accordance with the Basic Law have not been altered in any way and remain in full force.”
Freedoms of the Press and Speech
“Under Article 25 of the Basic Law, all Hong Kong residents shall be equal before the law. Allegations that our authorities have targeted and suppressed independent media in the HKSAR under the National Security Law are simply unfounded.
“Since the city’s reunification with the motherland, the HKSAR Government has been firmly committed to safeguarding the freedoms of the press and speech, both of which are protected under the Basic Law and the Hong Kong Bill of Rights. Article 4 of the National Security Law also stipulates that such freedoms enjoyed by the residents of the HKSAR shall be protected in accordance with the law while safeguarding national security in the HKSAR.
“Foreign countries that have in their respective jurisdictions national security legislation which is more wide-ranging than the National Security Law are no doubt aware that according to the International Covenant on Civil and Political Rights, the exercising of the freedoms of the press and speech must comply with the restrictions of the law for reasons including the protection of national security and public order.
“We must also point out that the media landscape in Hong Kong is as vibrant as ever. As a case in point, a total of 211 media organisations, be they based locally, in the Mainland or overseas, are registered with the HKSAR Government News and Media Information System of the Information Services Department at present, showing an increase after the implementation of the National Security Law. As always, the media can exercise their right to monitor the HKSAR Government’s work, and their freedom of commenting on or even criticising government policies remains uninhibited as long as it is not in violation of the law.”
Disbandment of Individual Organisations
“The Report expressed concerns on the disbandment announced by individual organisations in 2021. The HKSAR Government reaffirms that freedom of association in the HKSAR is guaranteed under the Basic Law. Article 27 of the Basic Law stipulates that HKSAR residents ‘shall have freedom of association, of assembly, of procession and of demonstration; and the right and freedom to form and join trade unions; and to strike’. Article 18 of the Hong Kong Bill of Rights, as set out in the Hong Kong Bill of Rights Ordinance (Cap. 383), also guarantees that ‘(e)veryone shall have the right to freedom of association with others, including the right to form and join trade unions for the protection of his interests’. That said, whilst freedom of association should be respected and protected, similar to other rights and freedoms, it is not absolute. It may be subject to restrictions that are provided by law and are necessary for pursuing legitimate aims such as the protection of national security or public order.
“Safeguarding national security is a matter of fundamental importance. While some organisations might decide to disband on their own accord, relevant authorities may also disband certain organisations in accordance with the relevant law with a view to minimising the risks of endangering national security that an organisation may bring about. Any such actions are taken in strict accordance with the law.” read more