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Government gazettes compulsory testing notice

     The Government exercises the power under the Prevention and Control of Disease (Compulsory Testing for Certain Persons) Regulation (Cap. 599J) and publishes in the Gazette a compulsory testing notice, which requires any person who had been present at 40 specified places during the specified period (persons subject to compulsory testing) to undergo a COVID-19 nucleic acid test.

     In view of a number of cases tested positive, 40 specified places are included in the compulsory testing notice. The Government strongly reminds members of the public to strictly follow the compulsory testing requirements and undergo testing on time as required. Mobile specimen collection stations have been set up by the Government in different districts to facilitate testing to be conducted in compliance with the compulsory testing notice. The above compulsory testing requirement applies to those who have completed a COVID-19 vaccination course as well.

     Persons who have tested positive in the past three months (including positive cases tested either by nucleic acid tests recorded by the Department of Health (DH) or by rapid antigen tests (RATs) that have been self-declared to the DH) do not need to undergo compulsory testing. For those who are subject to compulsory testing (save for those who have declared their positive RAT results as mentioned above), they must undergo nucleic acid tests in accordance with relevant compulsory testing notices and cannot use RATs to fulfil the requirement of such notices. In other words, a negative RAT result cannot be deemed as fulfilling the compulsory testing requirement. Furthermore, unless a person subject to compulsory testing has obtained a medical certificate proving that he or she is unfit to undergo testing using a sample taken through combined nasal and throat swabs because of health reasons, the person cannot provide a deep throat saliva sample to fulfil the compulsory testing requirement.

     Details of the compulsory testing notice are available on the Centre for Health Protection (CHP)’s website via the following link: www.chp.gov.hk/files/pdf/ctn_20220425.pdf.

     If any persons are tested positive under compulsory testing, such positive cases will be handled in the same manner as in those identified through other nucleic acid tests or self-declared through RATs. Their isolation arrangements (as well as the quarantine arrangements of their household members) are no different from other positive cases.

     Persons subject to compulsory testing in accordance with a compulsory testing notice must go to any of the mobile specimen collection stations, community testing centres (CTCs) or recognised local medical testing institutions to undergo professional swab sampling in fulfilling the requirements for compulsory testing. Young children may continue to undergo the test using a stool specimen.

     The Comirnaty and CoronaVac vaccines are highly effective in preventing severe cases and deaths from COVID-19. They can provide protection to those vaccinated to prevent serious complications and even death after infection. The Government appeals to persons who are not yet vaccinated to get vaccinated without delay. The Government is working towards the goal of boosting the vaccination rates of children, teenagers and the elderly by the end of April so that they can be protected by the vaccines as early as possible. Furthermore, the Scientific Committee on Vaccine Preventable Diseases and the Scientific Committee on Emerging and Zoonotic Diseases under the CHP of the DH has updated the consensus interim recommendations, and persons aged 60 or above who have taken three doses of vaccine are recommended to receive an additional dose (i.e. fourth dose) of either Comirnaty vaccine or CoronaVac vaccine at least three months after their last dose. Members of the public who are eligible should get the fourth dose as early as possible for better protection.

     CTCs provide testing services for the public. Booking and walk-in services are available. Members of the public only need to provide simple personal information on the 24-hour booking system (www.communitytest.gov.hk/en). The system shows the booking status of the centres for the coming two weeks to facilitate the public’s planning and selection of a suitable testing centre and a time slot for testing. The testing centres will accord priority to serve individuals with advance bookings. As of 6pm today (April 25), there was around 97 per cent availability for booking places for the coming two weeks. Members of the public may call the testing centres for enquiries on the availability of bookings or walk-in quotas before visiting the centres.
 
    The Government will set up the mobile specimen collection stations at Wang Tau Hom Estate in Wong Tai Sin and Cheung Wang Estate in Tsing Yi tomorrow (April 26). Separately, ticketing machines have been installed in a number of service points for on-site ticket arrangement. Members of the public who have obtained a ticket can visit the CTC website (www.communitytest.gov.hk/en) to check the real-time queueing ticket status. Booking service is also provided for some large-scale mobile specimen collection stations, and members of the public may use the 24-hour booking system (www.communitytest.gov.hk/en) to reserve a suitable time slot for testing.
 
     Other than persons subject to compulsory testing, all members of the public may conduct free testing at CTCs or mobile specimen collection stations (if the service scope is applicable). The opening dates and operating hours of the mobile specimen collection stations are stated in the Annex.

     Persons subject to compulsory testing may choose to undergo testing via the following routes:

(a) For tests which require using a sample taken through combined nasal and throat swabs
1. To visit any of the mobile specimen collection stations (see the list and target groups (if applicable) at www.coronavirus.gov.hk/eng/early-testing.html) for testing;
2. To attend any of the CTCs (see the list at www.communitytest.gov.hk/en);
3. To self-arrange testing provided by private laboratories which are recognised by the DH and can issue SMS notifications in respect of test results (see the list at www.coronavirus.gov.hk/pdf/List_of_recognised_laboratories_RTPCR.pdf), and the relevant sample must be taken through combined nasal and throat swabs; or
4. To use a specimen bottle distributed to the relevant specified premises by the CHP (if applicable), and return the specimen bottle with the stool sample collected as per relevant guidelines.

(b) For persons holding a medical certificate issued by a registered medical practitioner proving that they are unfit to undergo testing using a sample taken through combined nasal and throat swabs because of health reasons
1. To obtain a deep throat saliva specimen collection pack from post offices, vending machines set up at MTR stations or designated general out-patient clinics (GOPCs) of the Hospital Authority and return the specimen to one of the designated specimen collection points (see the distribution points and times, and the specimen collection points and times, at www.coronavirus.gov.hk/eng/early-testing.html);
2. To undergo testing at any of the GOPCs of the Hospital Authority as instructed by a medical professional of the Hospital Authority; or
3. To self-arrange testing provided by private laboratories which are recognised by the DH and can issue SMS notifications in respect of test results.

     A spokesman for the Food and Health Bureau cautioned that testing received at the Accident and Emergency Departments of the Hospital Authority, or testing provided by private laboratories which cannot issue SMS notifications in respect of test results, does not comply with the requirements of the aforementioned compulsory testing notice.

     “If persons subject to compulsory testing have symptoms, they should seek medical attention immediately and undergo testing as instructed by a medical professional. They should not attend the mobile specimen collection stations or the CTCs.”

     Persons subject to compulsory testing must keep the SMS notifications containing the result of the test and the relevant medical certificate (if applicable) for checking by a law enforcement officer when the officer requires the persons to provide information about their undergoing the specified test.

     Any enquiries on compulsory testing arrangements may be addressed to the hotline at 6275 6901, which operates daily from 9am to 6pm.

     The Government will continue to trace possibly infected persons who had been to relevant premises, and seriously verify whether they had complied with the testing notices. Any person who fails to comply with the testing notices commits an offence and the maximum penalty upon conviction is a fine at level 4 ($25,000) and imprisonment for six months. The fixed penalty for discharging the liability is $10,000. The person may also be issued with a compulsory testing order requiring him or her to undergo testing within a specified time frame. Any person in breach of the compulsory testing order would be liable to a fine at level 5 ($50,000) and imprisonment for six months.

     The spokesman said, “The Government urges all individuals who are in doubt about their own health conditions, or individuals with infection risks (such as individuals who visited places with epidemic outbreaks or had contact with cases tested positive), to undergo testing promptly for early identification of infected persons.” read more

FEHD continues to takes stringent enforcement actions relating to anti-epidemic regulations

     A spokesman for the Food and Environmental Hygiene Department (FEHD) said today (April 25) that the first stage of adjustments to social distancing measures took effect on April 21, and the FEHD continued to step up its inspections territory-wide and conducted joint operation with the Police in Eastern District, so as to take enforcement actions against operators, staff and customers of catering businesses and other premises in defiance of the anti-epidemic regulations. The spokesman again reminded parties concerned to remain vigilant and 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. The FEHD will continue to conduct enforcement operations proactively, and urges premises operators not to defy the law.
      
     Under the first stage, the dine-in service hours of catering premises can be extended till 9.59pm, which allows resumption of dinnertime dine-in services. The maximum number of persons per table has been increased from two to four, and banquets with no more than 20 persons are allowed. Bars or pubs remain closed. To enhance the anti-epidemic arrangements of catering premises and dovetail with the relaxation of the aforementioned business restrictions, all staff must conduct rapid antigen tests every three days and obtain a negative result before entering the premises.

     The FEHD and the Police inspected a total of 10 catering premises during the joint operation on April 23; and the FEHD on its own inspected a total of 1130 catering premises and 263 other premises in the past two days (April 23 and April 24). The FEHD initiated procedures on prosecution against operators of 10 catering premises suspected of breaching the requirements under the directions. Details are as follows:
 

Matters involved Number of prosecutions
Mask-wearing 3
Ensuring scanning of “LeaveHomeSafe” venue QR code by customers 3
Ensuring staff to comply with vaccination requirement         1
Distance or partition between tables 1
Display of notice concerning food or drink must not be consumed in areas adjacent to this catering premises during the hours when dine-in is not allowed 1
Ensuring customer to meet the Vaccine Pass requirement 1

     The FEHD also required the premises to take corresponding measures for reducing the risk of transmission. Premises found with irregularities had to, on the subsequent day of being identified of the irregularities by the enforcement officers, cease selling or supplying food or drink for consumption on the premises from 6pm to 4.59am of the subsequent day, and allow no more than two persons to be seated together at one table, for a period of three, seven or 14 days. In addition, the FEHD also issued fixed penalty notices (FPNs) to five customers suspected of breaching the requirement of scanning “LeaveHomeSafe” venue QR code, one staff suspected of breaching the vaccination requirement and one person suspected of breaching the requirement of mask-wearing in public place.

     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). 
      
     With the advent of April 30, the “Vaccine Pass” vaccination requirement will enter the second stage and the implementation of registration of air change and/or air purifiers under Cap. 599F is approaching one year. In view of this, FEHD reminds operators of catering premises to follow up the matters below, to make good preparation for the long holidays in the coming two weekends –
  1. Please ensure that the “QR Code Verification Scanner” mobile app is the latest version (4.3.0 or above).The new version can check if the QR code of a user’s electronic vaccination record, recovery record or Medical Exemption Certificate is compliant with the “Vaccine Pass” requirements of the applicable stage;
  2. To enhance the efficiency of scanning the vaccination records of customers, please use as far as possible rear cameras of mobile devices which have a stronger focusing performance;
  3. To ensure that the ventilating system (outside air) approved under the food business licence is properly repaired and maintained such that the outside air supply consistently fulfils the approval requirements,
  4. Simultaneously, the system, regardless of whether or not it meets the requirement of ACH at six, must be switched on in full when the premises is open for business to ensure proper supply of outside air; and
  5. For air purifiers installed at the premises, please properly switch on, operate, maintain and repair the air purifiers in accordance with the manufacturer’s manual when the premises is open for business (including the timely replacement of air filters or relevant provisions before the expiry date).
     
     In addition, the FEHD conducted joint operations with several government departments over the last weekend at public places where people including domestic helpers congregate during weekends and public holidays to carry out publicity and educational work, appealing to them to raise awareness of epidemic prevention and comply with the various anti-epidemic regulations and restrictions.
      
     The FEHD, in collaboration with the Hong Kong Police Force, the Labour Department, relevant District Offices, the Immigration Department and the Leisure and Cultural Services Department, conducted joint operations at various public places in Central and Western, Wan Chai, Eastern, Yau Tsim, Mong Kok, Sham Shui Po, Sha Tin, Sai Kung and Tsuen Wan districts, near popular domestic helper gathering places during public holidays. Apart from arranging for cleansing service contractors to strengthen the street cleansing services at the relevant spots, the FEHD also stepped up patrols to combat unlicensed hawking activities. During the operation, a total of nine FPNs were issued to persons who breached public cleanliness offences. In addition, one person was arrested and prosecuted for illegal hawking in public places and six seizures of hawker abandoned articles, including cooked food, were effected. Domestic helpers have also been reminded by other government departments to comply with the regulations on mask wearing and the prohibition of gatherings in public places.

     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. The FEHD has strengthened its publicity efforts, and will take stringent enforcement actions. All sectors are reminded to exercise self-discipline and co-operate to fight the virus together. read more