First conviction case of violation of Red Code under Vaccine Pass
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     An 18-year-old man was fined $8,000 by the Kowloon City Magistrates' Courts today (September 16) for violating the Prevention and Control of Disease Regulation (Cap. 599A) (the Regulation). The Red Code function applicable to all confirmed COVID-19 cases has been added to the Vaccine Pass starting from August 9 and this is the first conviction case by the courts for violating the relevant regulation since.

     The man was notified of his positive test result of COVID-19 on August 30. During the period when a Red Code was displayed in his Vaccine Pass, he left his residence, took public transportation and attempted to enter a catering premises under the Vaccine Pass on September 3. He was charged with contravening section 32(1) and 32(3) of the Regulation and was fined $8,000 by the Kowloon City Magistrates' Courts today. 

     Under the Regulation, a person shall not, knowing that he or she is infected with a specified infectious disease, expose other persons to the risk of infection by the person's presence or conduct in any public conveyance or any street, public place, place of entertainment or assembly, club or hotel. Breaching the Regulation is a criminal offence and offenders are subject to a maximum fine of $10,000 and imprisonment for six months. A spokesman for the Department of Health (DH) said the sentence sends a clear message to the community that it is a criminal offence to expose the public to the risk of infection by leaving the designated place of isolation without permission during the period of confirmed COVID-19 infection. The Government will not tolerate such violation and reminds the public again to comply with the relevant regulations.

     Also, any person holding a Red Code who is present at catering premises or specified premises under the Prevention and Control of Disease (Requirements and Directions) (Business and Premises) Regulation (Cap. 599F) commits an offence and is subject to a maximum fine of $10,000. The DH will co-operate with other relevant departments to stringently follow up on non-compliant cases and will consider prosecution based on investigation results and evidence.

     ‚ÄčThe spokesman reiterated that co-operation and support by members of the public play a critical role in the anti-epidemic work. They must strictly observe relevant requirements in order to fight the pandemic and minimise the risk of transmission in the community.

Ends/Friday, September 16, 2022
Issued at HKT 18:00

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