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`Chapter 599C
`
`Compulsory Quarantine of Certain Persons
`Arriving at Hong Kong Regulation
`
`05/06/2020
`
`Compulsory Quarantine of Certain Persons Arriving at
`Hong Kong Regulation
`
`(Made by the Chief Executive in Council under section 8 of the Prevention
`and Control of Disease Ordinance (Cap. 599))
`
`1.
`
`2.
`
`3.
`
`[8 February 2020]
`
`Commencement
`This Regulation comes into operation on 8 February 2020.
`
`Interpretation
`In this Regulation—
`assigned place of quarantine ( 指 派 檢 疫 地 點 ) means a place
`mentioned in section 6(a);
`authorized officer ( 獲 授 權 ⼈ 員 ) means an authorized officer
`appointed under section 11;
`Category 1 specified place in China (第1類指明中國地區) means
`a place specified under section 12(1)(a); (L.N. 116 of 2020)
`Category 2 specified place in China (第2類指明中國地區) means
`a place specified under section 12(1)(b); (L.N. 116 of 2020)
`Mainland (內地) means the part of China other than Hong Kong,
`Macao and Taiwan;
`place of quarantine (檢疫地點) means—
`(a)
`an assigned place of quarantine; or
`(b)
`a place mentioned in section 6(b);
`quarantine order ( 檢 疫 令 ) means an order made under section
`3(1);
`quarantine period (檢疫期) means the period of 14 days mentioned
`in section 3(1); (L.N. 48 of 2020; L.N. 116 of 2020)
`specified disease (指明疾病) means the coronavirus disease 2019
`(COVID-19), which is specified in item 8A of Schedule 1 to
`the Ordinance. (L.N. 48 of 2020)
`
`(L.N. 116 of 2020)
`
`Compulsory quarantine of certain persons arriving at Hong
`Kong
`(1) An authorized officer must, by written order, place a person
`who arrives at Hong Kong from a place in China other than
`Hong Kong under quarantine for a period of 14 days
`beginning on the day of arrival if the person has stayed during
`the relevant period in any place that, at the time of the person’s
`arrival, is a— (L.N. 116 of 2020)
`(a) Category 1 specified place in China or Category 2
`specified place in China; or
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`(ii)
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`(iii)
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`(b) Category 1 specified foreign place or Category 2
`specified foreign place as defined by section 2 of Cap.
`599E. (L.N. 116 of 2020)
`(2) A quarantine order must specify the terms of quarantine.
`(3) An authorized officer may vary the terms of quarantine
`specified in a quarantine order.
`(4) The quarantine requirement under this section does not apply
`to a person—
`(a)
`(Repealed L.N. 116 of 2020)
`(b) who, while in Hong Kong after the person’s arrival, does
`not pass through immigration control; (L.N. 116 of 2020)
`(ba) who—
`(i)
`has stayed during the relevant period in any place
`that, at the time of the person’s arrival, is a—
`(A) Category 2 specified place in China; or
`(B) Category 2 specified foreign place as defined
`by section 2 of Cap. 599E;
`has not stayed during the relevant period in any
`place that, at the time of the person’s arrival, is a—
`(A) Category 1 specified place in China; or
`(B) Category 1 specified foreign place as defined
`by section 2 of Cap. 599E; and
`satisfies an authorized officer that the person meets
`the conditions specified under section 12(2) of Cap.
`599E or section 12(2) (as may be appropriate) for
`the last place mentioned in subparagraph (i)(A) or
`(B) in which the person has stayed before the
`person’s arrival; (L.N. 116 of 2020)
`(c) who is designated under section 4(1); or
`(d) who falls within a category of persons designated under
`section 4(1). (L.N. 28 of 2020)
`(5) For the purposes of subsections (1) and (4)(ba), if a person
`travels from Macao to Hong Kong, or from Hong Kong to
`Macao, via
`the Hong Kong-Zhuhai-Macao Bridge,
`the
`person’s passing through the Zhuhai section of the Bridge
`during the journey is not regarded as a stay in Zhuhai. (L.N.
`116 of 2020)
`(6)
`(Repealed L.N. 28 of 2020)
`(7) Subsection (8) applies to a person if—
`(a)
`the person boarded, in a place, a conveyance that stopped
`in any other place (place of stopover) after the person’s
`boarding; and
`that conveyance ended
`journey on
`the person’s
`subsequently outside that place of stopover. (L.N. 116 of
`2020)
`(8) For the purposes of subsections (1) and (4)(ba), if the person
`did not leave the conveyance in a place of stopover, the person
`is not regarded as having stayed in that place of stopover. (L.N.
`116 of 2020)
`In this section—
`
`(b)
`
`(9)
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`4.
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`Cap. 599E (《第599E章》) means the Compulsory Quarantine of
`Persons Arriving at Hong Kong from Foreign Places
`Regulation (Cap. 599 sub. leg. E);
`conveyance ( 交 通 ⼯ 具 ) means any train that operates in China,
`aircraft or ship;
`relevant period (有關期間), in relation to a person who arrives at
`Hong Kong, means the day of arrival and the 14 days before
`the day of arrival. (L.N. 116 of 2020)
`
`(ii)
`(iii)
`
`(iv)
`
`Chief Secretary may exempt certain persons
`(1) The Chief Secretary for Administration (Chief Secretary) may
`designate any person or category of persons for the purposes
`of section 3(4)(c) or (d) if the Chief Secretary is satisfied that
`— (L.N. 48 of 2020)
`(a)
`the person’s or persons’ entry into Hong Kong—
`(i)
`is necessary for the supply of goods or services
`required for the normal operation of Hong Kong or
`the daily needs of the people of Hong Kong;
`is necessary for governmental operation;
`is necessary for the protection of the safety or
`health of the people of Hong Kong or the handling
`of the public health emergency within the meaning
`of section 8(5) of the Ordinance concerning the
`specified disease; (L.N. 116 of 2020)
`is necessary for the person’s or persons’ receiving
`nursery, kindergarten, primary or
`secondary
`education at any school registered under the
`Education Ordinance (Cap. 279) in Hong Kong or
`for the provision of such education;
`is necessary for the safe travelling of any person for
`the purposes mentioned in subparagraph (iv); or
`because of the exceptional circumstances of the
`case, otherwise serves the public interest of Hong
`Kong; or
`the person’s or persons’ travelling is necessary for
`purposes relating to manufacturing operations, business
`activities or the provision of professional services in the
`interest of Hong Kong’s economic development. (L.N. 48
`of 2020)
`(2) The Chief Secretary may, if the Chief Secretary considers
`necessary, attach conditions to a designation.
`(3) The Chief Secretary may cancel or vary a designation or a
`condition attached to a designation.
`(4) A designation, attachment of conditions, cancellation or
`variation under this section must be made in writing.
`(5) A designation does not derogate from any power of a health
`officer under
`the Prevention and Control of Disease
`Regulation (Cap. 599 sub. leg. A) concerning quarantine and
`isolation of persons.
`
`(v)
`
`(vi)
`
`(b)
`
`5.
`
`Giving false or misleading information about status is offence
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`6.
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`7.
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`8.
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`(1) A person who is not designated under section 4(1) must not
`represent to any public officer that the person is so designated.
`(2) A person who does not fall within a category of persons
`designated under section 4(1) must not knowingly or
`recklessly give any information that is false or misleading in a
`material particular to any public officer with a view to making
`the officer believe that the person falls within that category of
`persons.
`(3) A person who contravenes subsection (1) or (2) commits an
`offence and is liable on conviction to a fine at level 4 and to
`imprisonment for 6 months.
`
`Place of quarantine
`A person placed under quarantine under section 3 must, during the
`quarantine period, be quarantined—
`(a)
`in a place assigned by an authorized officer; or
`(b)
`if an authorized officer considers
`it prudent and
`appropriate in the circumstances of the case—in a place
`nominated by the person when the quarantine order is
`made against the person.
`
`Power to restrain persons for quarantine etc.
`If a person placed under quarantine under section 3 is to be
`quarantined in an assigned place of quarantine (the place), an
`authorized officer may, for effecting the quarantine—
`(a)
`restrain the person and convey the person to the place;
`and
`detain the person in the place.
`
`(b)
`
`Restrictions during quarantine
`(1) A person must not leave the place of quarantine in which the
`person is placed under quarantine under section 3 without
`permission given by an authorized officer.
`(2) A person must not, without permission given under subsection
`(3), knowingly enter an assigned place of quarantine in which
`another person is placed under quarantine under the Ordinance
`unless—
`(a)
`the person is an authorized officer or a health officer; or
`(b)
`the person is to be placed under quarantine under section
`3 in the place.
`(3) An authorized officer may give written permission for the
`purposes of subsection (2) to any person or persons of any
`category specified in the permission to enter an assigned place
`of quarantine subject
`to
`the exceptions, conditions or
`restrictions specified in the permission.
`(4) A person against whom a quarantine order is made must not
`contravene the terms of quarantine specified in the order.
`(5) A person who, without reasonable excuse, contravenes
`subsection (1), (2) or (4) commits an offence and is liable on
`conviction to a fine at level 4 and to imprisonment for 6
`months.
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`Giving false or misleading information to authorized officer is
`offence
`A person who knowingly or recklessly gives any information that is
`false or misleading in a material particular to an authorized officer
`in connection with the performance of the officer’s function under
`this Regulation commits an offence and is liable on conviction to a
`fine at level 4 and to imprisonment for 6 months.
`
`9.
`
`10.
`
`Cancellation of quarantine order
`(1A)
`If—
`(a)
`
`(b)
`
`(c)
`
`(c)
`
`an authorized officer makes a quarantine order against a
`person arriving from the Mainland or Macao;
`the person produces to the officer a certificate issued by a
`public authority in the Mainland or Macao (as may be
`appropriate) specified by the Director certifying that the
`person completed, on the day of the person’s arrival at
`Hong Kong or the day before, a quarantine of not less
`than 14 days administered by the authority; and
`the person makes a declaration in a form specified by the
`Director to the officer that the person has not been
`exposed, in the way specified in the form, to any risk of
`contracting the specified disease after the completion of
`the quarantine,
`the quarantine order may be cancelled by a health officer if the
`health officer is satisfied, on the basis of the result of a
`medical laboratory test conducted after the person’s arrival,
`that the person is tested negative for the specified disease.
`(L.N. 48 of 2020)
`(1) This subsection applies to a person placed under quarantine
`under section 3 if, during the quarantine period— (L.N. 48 of
`2020)
`(a)
`the person is designated under section 4(1);
`(b)
`a category of persons within which the person falls is
`designated under section 4(1); or
`the person establishes that when the quarantine order was
`made, the person—
`(i) was a person designated under section 4(1); or
`(ii)
`fell within a category of persons designated under
`section 4(1).
`(2) An authorized officer must, as soon as practicable after
`becoming aware that subsection (1) applies to the person,
`cancel the quarantine order made against the person. (L.N. 48
`of 2020)
`
`11.
`
`Authorized officers
`(1) The Director may appoint any public officer as an authorized
`officer for the purposes of this Regulation.
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`(2) No personal liability is incurred by an authorized officer or a
`person acting under the officer’s direction in respect of
`anything done or omitted to be done by the officer or person in
`good faith in the performance or purported performance of a
`function under this Regulation.
`
`12.
`
`(b)
`
`Secretary for Food and Health may specify places in China and
`conditions
`(1) For the purposes of section 3, the Secretary for Food and
`Health (Secretary) may, by notice published in the Gazette*—
`(a)
`specify any place in China other than Hong Kong as a
`Category 1 specified place in China; and
`specify any place in China other than Hong Kong that is
`not a Category 1 specified place in China as a Category 2
`specified place in China.
`(2) For the purposes of section 3(4)(ba)(iii), the Secretary must,
`by notice published in the Gazette, specify conditions for a
`Category 2 specified place in China.
`(3) A notice published under subsection (1) or (2) is not
`subsidiary legislation.
`(4) Before exercising the power conferred by subsection (1) or (2)
`in relation to a place, the Secretary must have regard to—
`(a)
`the extent of the spread of the specified disease in that
`place; and
`the public health risk posed to Hong Kong by persons
`arriving from that place or who have stayed in that place.
`(L.N. 116 of 2020)
`
`(b)
`
`____________________
`* Editorial Note:
`
`Category 1 specified
`place in China
`All places in China outside
`Hong Kong
`
`Notice
`
`With effect from
`
`G.N. (E.) 54 of 2020
`
`5 June 2020
`
`13.
`
`Expiry
`This Regulation expires at midnight on 7 July 2020.
`(L.N. 116 of 2020)
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