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The Government will exercise the power under the Prevention and Control of Disease (Compulsory Testing for Certain Persons) Regulation (Cap. 599J) and publish in the Gazette a compulsory testing notice, which requires any person who had been present at four specified premises during the specified period (persons subject to compulsory testing) to undergo a COVID-19 nucleic acid test.
Currently, in all districts in Hong Kong, if one or more new confirmed cases are found in the residential buildings (including buildings for both commercial and residential uses), or there are sewage samples tested positive which implied possible infection risks, the buildings will be included in the compulsory testing notice.
For testing targeting at workplaces, if two or more confirmed cases are found in a workplace, it will be included in the compulsory testing notice.
Four buildings fulfilling the above criteria will be included in the compulsory testing notice.
Details of the compulsory testing notice are as follows:
Any person who had been present at any specified premises listed in Annex 1 for more than two hours at any time during the period from January 31 to February 13, 2021 (including but not limited to visitors, residents and workers), have to undergo testing by February 16, 2021. If persons subject to compulsory testing have previously undergone testing between February 11 and February 13, 2021, they would be taken to have complied with the requirements set out in the compulsory testing notice.
The Government will set up mobile specimen collection stations at Kellie Mansion in Tsz Wan Shan, Shek Lei (II) Estate in Kwai Chung and Wo Che Estate in Sha Tin tomorrow (February 14). Starting from February 15, 2021, the mobile specimen collection station at Tsuen Wing Street Playground will be relocated to Sha Tsui Road Playground and will be open to February 16, 2021 (Tuesday) tentatively. The opening dates and operating hours of the mobile specimen collection stations in various districts providing free COVID-19 nucleic acid testing services for the general public are stated in Annex 2. Apart from mobile specimen collection stations, persons subject to compulsory testing can also choose to attend any of the community testing centres in all districts to receive testing free of charge.
Persons subject to compulsory testing may choose to undergo testing via the following routes:
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 community testing centres (see the list at www.communitytest.gov.hk/en/);
3. To obtain a deep throat saliva specimen collection pack from any of the 121 post offices, vending machines set up at 20 MTR stations or 47 designated general outpatient 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);
4. To undergo testing at any of the GOPCs of the Hospital Authority as instructed by a medical professional of the Hospital Authority;
5. To self-arrange testing provided by private laboratories which are recognised by the Department of Health (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);or
6. To use a specimen bottle distributed to the relevant specified premises by the Centre for Health Protection (if applicable), and return the specimen bottle with the sample collected as per relevant guidelines.
A spokesman for the Food and Health Bureau cautioned that testing received at accident and emergency departments of the Hospital Authority or during hospital stays, 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 community testing centres.”
Persons subject to compulsory testing must keep the SMS notification containing result of the test for checking by a law enforcement officer when the officer requires the persons to provide information about their undergoing the specified test.
Furthermore, persons subject to testing under the compulsory testing notices should, as far as reasonably practicable, take appropriate personal disease prevention measures including wearing a mask and maintaining hand hygiene, and, unless for the purpose of undergoing the specified test, stay at their place of residence and avoid going out until the test result is ascertained as far as possible.
Any enquiries on compulsory testing arrangements may be addressed to the hotline at 6275 6901, which operates daily from 9am to 6pm. If persons subject to compulsory testing plan to conduct testing at any of the community testing centres, they can check the centre’s appointment status in advance. The hotlines of the community testing centres are available at www.communitytest.gov.hk/en/info/.
The Government will continue to trace possibly infected persons who had been to the 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 may be fined a fixed penalty of $5,000. The person would also be issued with a compulsory testing order requiring him or her to undergo testing within a specified time frame. Failure to comply with the order is an offence and the offender would be liable to a fine at level 4 ($25,000) and imprisonment for six months.
Relevant officers of different government departments are empowered to perform certain functions under the relevant Regulations under the Prevention and Control of Disease Ordinance (Cap. 599), including requesting individuals to provide information and assistance when necessary. Any person who fails to comply with the relevant request commits an offence and would be liable to a fine at level 3 ($10,000). Collection and use of any personal data for conducting COVID-19 tests must meet the requirements under the Personal Data (Privacy) Ordinance (Cap. 486). Government departments or testing service providers which handle the relevant information may provide the data to DH or other relevant departments for anti-epidemic purpose as necessary. The workflow does not involve the provision of any personal data to organisations or persons outside Hong Kong.
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 contacted confirmed cases), to undergo testing promptly for early identification of infected persons.” read more
The Chief Executive, Mrs Carrie Lam, this morning (February 13) visited Lok Ma Chau to inspect the progress of various works and projects in the Lok Ma Chau Loop as well as visit personnel on duty at Lok Ma Chau Police Station … read more
​A spokesman for the Security Bureau said today (February 13) in response to media enquiries that the proposed provision in the Immigration (Amendment) Bill 2020 (the Bill) to empower the Secretary for Security to make regulations in relation to the provision of passenger information by carriers is intended for fulfilling the international obligation of the Hong Kong Special Administrative Region under the “Convention on International Civil Aviation”.
The spokesman said, “In 2018, the International Civil Aviation Organization (ICAO) updated the “Convention on International Civil Aviation”, including imposing a new mandatory requirement for its members to put in place the Advance Passenger Information (API) system. According to the requirements, airlines need to provide passenger and crew member information to immigration authorities of the destination port before flight departure. So far, over 90 countries already have the API system in place, including the Member States of the European Union, the United States of America, Canada and Australia.”
Introduction of the API system by ICAO is to enhance international civil aviation safety and also to facilitate the immigration authorities around the world to implement more effective control. Implementation of the said requirements will not only allow faster passenger clearance at control points, but will also enhance the enforcement capability of the Immigration Department (ImmD), thereby help strengthen our measures to prevent potential non-refoulement claimants from entering Hong Kong. ImmD is formulating the operational details of the system, and in the process it will make reference to the relevant guidelines from ICAO and the implementation experience of other countries. Relevant stakeholders will also be consulted on their views in due course. Subject to Legislative Council’s (LegCo) enactment of the Bill, the Government will prepare the relevant subsidiary legislation, which will then be subject to negative vetting of LegCo.
The spokesman also pointed out, “According to the general practice, the enabling provisions to be stipulated in the main ordinance are usually crafted in more generic and concise terms, while the subsidiary legislation to be made thereunder will set out the operational details with provisions in more specific terms. The making of relevant regulations will also require the scrutiny and passage by LegCo. The Government already set out the objectives of the concerned provision in the LegCo brief on the Bill submitted to LegCo. At the meetings of the Bills Committee held on January 20and February 5, the Government also elucidated clearly to LegCo and the public the background of the system and the proposed provision, and addressed the questions from LegCo members in detail.”
The spokesman emphasised, “The freedom to travel and the right to enter or leave Hong Kong of Hong Kong residents are guaranteed under Article 31 of the Basic Law and Article 8(2) of the Bill of Rights under the Hong Kong Bill of Rights Ordinance (Cap. 383). The proposed API system is intended to require the provision of passenger information on flights heading to Hong Kong, rather than departing flights. The right of Hong Kong residents to enter or leave Hong Kong is not affected. The Government will ensure that the operation of the API system will conform with the Basic Law and the Hong Kong Bill of Rights.
The above information has been covered in the information provided to LegCo by the Government. In regard to the recent written submission by the Hong Kong Bar Association to LegCo, in which the Association’s standpoint about the relevant provision failed to reflect correctly the objectives of the provision and relevant facts, and led to unnecessary misunderstanding, we feel disappointed. The Government will continue to provide LegCo and the public with full elucidation through the discussion at the Bills Committee and other channels so as to ensure clear understanding of the issue. read more