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Hong Kong – FEHD continues to take stringent enforcement actions relating to anti-epidemic regulations

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

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     The Food and Environmental Hygiene Department (FEHD) continued to take stringent enforcement actions against those in defiance of the anti-epidemic regulations. Apart from stepping up inspections in various districts in the past two days (June 25 and June 26), joint operations with the Police were also conducted in Central and Western District, Southern District and Sai Kung District to inspect catering premises including bars/pubs. Stringent enforcement actions were taken against offenders. The FEHD today (June 27) reminded operators of catering businesses and scheduled premises again 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). Enforcement actions will continue.

     A total of 72 catering premises including bars/pubs were inspected by the FEHD and the Police during the joint operations in the past two days. Also, 1 138 catering premises including bars/pubs and 326 other premises were inspected by the FEHD on its own. The FEHD initiated procedures on prosecution against seven catering business operators suspected of breaching the requirements under the Regulation. Among them, two were related to mask wearing, two were related to dine-in services being provided after the specified time in catering premises, two were related to more than six persons allowed to be seated together at one table in Type C catering premises and the remaining one was related to more than four persons allowed to be seated together at one table in Type B catering premises. Since the relevant requirements or restrictions were not adopted, the premises have to take, on the subsequent day of being identified by the enforcement officers, corresponding measures for reducing the risk of transmission (i.e. selling or supplying food or drink for consumption on the premises must be ceased from 6pm to 4.59am of the subsequent day, and no more than two persons may be seated together at one table) for a period of three days (for two cases) and seven days (for five cases). Moreover, four fixed penalty notices were issued to those in catering premises suspected of breaching the Prevention and Control of Disease (Prohibition on Group Gathering) Regulation (Cap. 599G). During the joint operations, the Police also took enforcement actions, including issuing fixed penalty notices.

     The FEHD spokesman stressed that persons who are present at any premises of a catering business or any scheduled premises must comply with directions applicable to them. Non-compliance with the relevant directions would be 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. The directions include requiring customers patronising bars/pubs, karaoke establishments or night establishments/night clubs to have received the first COVID-19 vaccine dose.

     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 Cap. 599G. For customers not wearing a mask when they are eating or drinking not 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).

     If a person responsible for carrying on a catering business or scheduled premises contravenes the regulations under the Regulation, he or she is liable to being prosecuted and, upon conviction, to a maximum fine of $50,000 and imprisonment for six months.

     The FEHD will continue to step up law enforcement on all types of premises and inspect staff and customers’ records of receiving vaccinations, as well as conduct joint operations with the Police. Stringent enforcement actions will be taken against offenders.

     To minimise the risk of transmission of COVID-19, the spokesman strongly appealed to operators and staff members of all premises as well as members of the public to comply with the relevant regulations on prevention and control of disease in a concerted and persistent manner, and not to defy and break the law.

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