18-year-old man fined HK$8K in violation of Red Code Vaccine Pass regulation

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In the first of its case, an 18-year-old man was convicted of a violation of the Prevention and Control of Disease Regulation (Cap. 599A) under the Vaccine Pass Regulation on the use of the Red Code.

The man was fined HK$8,000 by the Kowloon Magistrates’ Courts today, today, 16 September.

The Red Code function is applicable to all confirmed COVID-19 cases that started to be implemented on 9 August and has been added to the Vaccine Pass, 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 for 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 catering premises under the Vaccine Pass on September 3. He was charged with contravening sections 32(1) and 32(3) of the Regulation.

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 offense 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 offense 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 violations 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 offense 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.

Hong Kong Labor Dept