Select List of Covid Restriction Offences in Hong Kong (Updated: 24 February 2022)

This blog post aims to help persons in Hong Kong navigate the various Covid-19 restrictions and offences imposed under the law.  Click here for the lists of premises in Hong Kong specified for compulsory testing (Centre for Health Protection). As from 24 February 2022, the Chief Secretary for Administration has a power to grant an exemption in writing from any requirement under any enactment for purposes of preventing, protecting against, delaying or otherwise controlling the incidence or transmission of COVID-19 or treating patients with COVID-19.  Last Updated: 24 February 2022.

A. Complying with Vaccine Pass Direction (Cap 599L) (expiry date)

• A person must not (a) enter or remain on any specified premises unless the person has been vaccinated in the specified manner for the purposes of a vaccine pass direction in relation to the premises; or (b) board or remain on any specified public transport carrier unless the person has been vaccinated in the specified manner for the purposes of a vaccine pass direction in relation to the carrier.  Secretrary's direction.  Maximum punishment: $10,000 fine.  Does not apply to these persons.  Specified medical exemption certificate.  
• The person in charge of any specified premises or specified public transport carrier must comply with any requirement made in a vaccine pass direction in relation to the premises or carrier.  Secretary's direction. Maximum punishment: $50,000 fine and 6 months imprisonment. Defence available. 
• A responsible person for a vulnerable person must use the responsible person's best endeavours to ensure that the vulnerable person complies with section 5(1) (prohibition on entering or remaining on specified premises unless vaccinated, etc).  Maximum punishment: $10,000 fine. Defences available.  

B. Prohibition on Group Gatherings (Cap 599G) (expiry date)

• Group gatherings of more than 2 persons at a public place are prohibited during a specified period (24 February to 9 March 2022).  Offences to participate in gathering, organise the gathering, and to knowingly allow the taking place of the gathering as one who owns, controls or operates the place/premises at which the gathering takes place.  Maximum punishment: $25,000 fine and 6 months imprisonment. Defences available. List of exemptions. Chief Secretary's permission.

C. Prohibition on Multi-Household Gatherings (Cap 599G) (expiry date)

• Multi-household gatherings (i.e. a gathering of persons ordinarily living in more than 2 households) at any private premises are prohibited during a specified period (24 February to 9 March 2022).  Offences to participate in gathering, organise the gathering, and to knowingly allow the taking place of the gathering as one who owns, controls or operates the premises at which the gathering takes place.  Those solely providing care and support to any other participant of the gathering ordinarily living in another household who has particular needs are not counted when counting households.  Maximum punishment: $25,000 fine and 6 months imprisonment. Defences available. Exemptions available. Chief Secretary's permission.

D. Requirements and Directions in Relation to Catering Businesses (Cap 599F)  (expiry date)

• Person responsible for carrying on a catering business contravening requirement to cease selling food or drink or close premises as directed by the Secretary for Food and Health for a specified period (24 February to 9 March 2022).  Secretary's direction.  Does not apply to certain premises.  Maximum punishment: $50,000 fine and 6 months imprisonment.  Defences available. 
• Person responsible for carrying on a catering business contravening requirement to comply with direction issued by the Secretary for Food and Health for a specified period (24 February to 9 March 2022).  Secretary's direction.  Maximum punishment: $50,000 fine and 6 months' imprisonment. Defences available. 
• Person who enters, or is present on, any catering business premises contravening requirement to comply with direction issued by the Secretary for Food and Health for a specified period (24 February to 9 March 2022). Secretary's direction. Maximum punishment: $10,000 fine. Defences available. 

E. Directions in Relation to Scheduled Premises and Specified Events (Cap 599F)  (expiry date)

• Manager of any scheduled premises (other than event premises), or the organizer of a specified event held on event premises, contravening requirement to comply with a direction issued by the Secretary for Food and Health for a specified period (24 February to 9 March 2022).  Secretary's direction. Maximum punishment: $50,000 fine and 6 months imprisonment.  List of scheduled premises.  Defences available. 
• Person who enters, or is present on, any scheduled premises contravening requirement to comply with direction issued by the Secretary for Food and Health for a specified period (24 February to 9 March 2022). Secretary's direction.  List of scheduled premises.  Maximum punishment: $10,000 fine.  Defences available. 

F. Wearing of Mask (Cap 599I) (expiry date)

• On public transport carrier/MTR paid area. Person contravening requirement to wear a mask at all times, during a specified period (24 February to 9 March 2022), when the person is (a) boarding or on board a public transport carrier; or (b) entering or present in an MTR paid area.  Exceptions and defences.  Maximum punishment: $10,000 fine. 
• In a specified public place. Person contravening requirement to wear a mask at all times, during a specified period (24 February to 9 March 2022), when the person is entering or present in a specified public place.  Exceptions and defences.  Maximum punishment: $10,000 fine.

G. Compulsory Testing for Certain Persons (Cap 599J) (expiry date)

• A person who fails to comply with a requirement under a compulsory testing direction commits an offence.  Maximum punishment: $10,000 fine. Power of specified medical practitioner to issue written direction requiring a person to undergo a specified test.  Defences available.
• A specified person who fails to comply with a requirement under a compulsory testing notice commits an offence.  Maximum punishment: $10,000 fine. Latest testing notices.  Power of Secretary to issue testing notices.  Defences available.
• A person who fails to comply with a requirement under a compulsory testing order commits an offence.  Maximum punishment: $25,000 fine and 6 months imprisonment.  Power of prescribed officer to order testing for non-compliance with testing direction or notice. Defences available.

H. Premises Subject to Restriction-Testing Declaration (Cap 599J) (expiry date)

• A restricted person leaving any restricted premises commits an offence.  Maximum punishment: $25,000 fine and 6 months imprisonment. Power of Secretary to make restriction-testing declaration.  Prohibition does not apply in certain circumstances.
• A person, other than a prescribed officer or person specified under section 19M(3), entering any restricted premises commits an offence. Maximum punishment: $25,000 fine and 6 months imprisonment.  Power of Secretary to make restriction-testing declaration.  Prohibition does not apply in certain circumstances.

I. Restrictions During Quarantine (Cap 559C) (expiry date)

• A person must not leave the place of quarantine in which the person is placed under quarantine without permission given by an authorized officer. A person who, without reasonable excuse, contravenes this prohibition commits an offence. Maximum punishment: $25,000 fine and 6 months imprisonment. Compulsory quarantine of certain persons arriving at Hong Kong. 
• A person must not, without permission given by an authorized officer, knowingly enter an assigned place of quarantine in which another person is placed under quarantine unless (a) the person is an authorized officer or a health officer; or (b) the person is to be placed under quarantine in the place.  A person who, without reasonable excuse, contravenes this prohibition commits an offence. Maximum punishment: $25,000 fine and 6 months imprisonment. Compulsory quarantine of certain persons arriving at Hong Kong.  Written permission of an authorized officer.
• A person against whom a quarantine order is made must not contravene the terms of quarantine specified in the order. A person who, without reasonable excuse, contravenes this prohibition commits an offence. Maximum punishment: $25,000 fine and 6 months imprisonment.