A spokesman for the Food and Environmental Hygiene Department (FEHD) said today (June 10) that there have been multiple infection cases in certain bars/pubs and other catering premises recently, and it may be possible that among them, some operators and customers might not have complied with epidemic prevention regulations and restrictions. Therefore, the FEHD and the Police will continue, through their own inspections and joint operations, to go to all bars/pubs, etc, and take stringent enforcement actions. 

     The spokesman reminded operators of bars/pubs, other catering premises, and relevant scheduled premises to stay 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), the Prevention and Control of Disease (Vaccine Pass) Regulation (Cap. 599L), etc. Customers must also comply with the various anti-epidemic regulations and restrictions, including the requirements on vaccination, group gatherings and the wearing of masks.

     The spokesman said, "All sectors of the community should not lower their guard, as the risk of rebound in the epidemic situation remains. To guard against outbreaks or the arrival of the sixth wave, the FEHD and the Police will continue to step up inspections and conduct joint operations, so as to take stringent enforcement actions against operators, staff and customers of bars/pubs, other catering businesses and certain scheduled premises who defy anti-epidemic regulations. The work will include all bars/pubs."

     The spokesman continued, "The emphases of the enforcement actions included but not limited to live performance and dancing activities, air change (ACH) requirements, requirement to be mask on unless eating/drinking at a table, relevant group gathering requirements (e.g. the maximum number of persons per table), staff vaccination and rapid antigen tests (RAT) record checking, and customer vaccination and "LeaveHomeSafe" (LHS) record checking, etc."

     The spokesman specially reminded all catering premises operators that the latest specifications and directions issued by the Secretary for Food and Health in relation to catering business and scheduled premises under the Prevention and Control of Disease (Requirements and Directions) (Business and Premises) Regulation (Cap. 599F) take effect from today to June 15. Under the latest directions, catering premises operators must properly switch on, operate, maintain and repair its fresh air supply related ventilating system when the premises is opened for business, otherwise they have to shoulder criminal liability for contravening the Regulation, while the premises have to take corresponding measures for reducing the risk of transmission, i.e. on the subsequent day of being identified of the irregularities by the enforcement officers, cease selling or supplying food or drink for consumption on the premises from 6pm to 4.59am of the subsequent day, and restrict the number of persons per table to no more than two for a period of 14 days.

     The FEHD and the Working Group on Air Change in Catering Premises have, on numerous occasions, given advice and reminders, and provided technical guidance. If necessary, catering premises operators should seek assistance from professionals, such as a registered specialist contractor (ventilation works category). It is incumbent on the trade and the public to exercise self-discipline. Also, the enforcement departments have to take stringent enforcement actions.

     The FEHD has written to all licensees/persons-in-charge of food premises today (June 10) to notify them about the latest specifications and directions, and strongly urges them not to defy the law. For details, please browse FEHD’s webpage (www.fehd.gov.hk/english/licensing/guide_general_reference/Advisory_Letter_FP_20220610.html).

     Other requirements and restrictions on catering premises, bars/pubs remain in force, for example, while away from the table, all customers must not consume food or drink, and must wear a mask. The maximum number of persons per table at catering premises is eight, and the maximum number of persons per table at bars/pubs (i.e. exclusively or mainly used for the sale or supply of intoxicating liquors for consumption in the premises) is four.  Live performance and dancing activity are not allowed in catering premises and bars/pubs.

     In addition, all catering premises and bars/pubs must implement the two requirements on LHS and Vaccine Pass:

(1) dine-in customers must scan the venue QR code using the LHS mobile app on their mobile phones/other mobile devices before entering the premises; and
(2) all persons entering the premises must comply with the vaccination requirements applicable under the Vaccine Pass, except under exempted scenarios.

     Operators of catering premises and relevant scheduled premises are required to use the latest version of "QR Code Verification Scanner" mobile app to scan the QR code of a patron's vaccination record, medical exemption certificate or recovery record on the LHS mobile app or displayed through other means (such as "eHealth", "iAMSmart", on paper or in photo) to ensure compliance with the active checking requirements, and must take all reasonable steps to ensure that only customers who fulfil the third stage Vaccine Pass requirement are allowed to enter the premises. They must also ensure that their staff comply with requirements including those on vaccination, and request them to conduct RAT every three days before entering the premises.

     If a person responsible for carrying on a catering business contravenes the Regulation or the requirements and directions of the Vaccine Pass, he or she is liable to be prosecuted and, upon conviction, to a maximum fine of $50,000 and imprisonment for six months. Persons who are present at catering premises or other specified premises must comply with directions applicable to them. Non-compliance with the relevant directions is an offence and offenders are subject to a maximum fine of $10,000, or the liability may be discharged by paying a fixed penalty of $5,000. In addition, 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 the Prevention and Control of Disease (Prohibition on Gathering) Regulation (Cap. 599G). For persons not wearing a mask when they are not eating or drinking at a table therein, they are liable to a fixed penalty of $5,000 for contravening the Prevention and Control of Disease (Wearing of Mask) Regulation (Cap. 599I).

     To minimise the risk of COVID-19 transmission, the spokesman strongly appealed to all sectors of the community to stay vigilant and comply with the relevant regulations on prevention and control of disease in a concerted and persistent manner. The FEHD has strengthened its publicity efforts and will continue to take stringent enforcement actions. All sectors are reminded to exercise self-discipline and co-operate to fight the virus together.

Ends/Friday, June 10, 2022
Issued at HKT 22:45

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