Government gazettes compulsory testing notices

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     The Government has exercised the power under the Prevention and Control of Disease (Compulsory Testing for Certain Persons) Regulation (Cap. 599J) and published in the Gazette compulsory testing notices, which require any person who had been present at 22 specified premises during the specified period (persons subject to compulsory testing) to undergo a COVID-19 nucleic acid test.

     A spokesman for the Food and Health Bureau (FHB) said today (January 15), "To cut the transmission chain in the community as soon as possible, the Government has expanded the scope for 'compulsory testing on mandatory basis'. If confirmed cases not epidemiologically linked to each other were found in two or more units in the same building in the past 14 days, the building would be included in the compulsory testing notice under Cap. 599J. Persons who had been present at the relevant building in the past 14 days will have to undergo compulsory testing. Two buildings fulfilling the above criteria are covered by the compulsory testing notice today."
 
     "The Government also noticed that a number of confirmed cases were recently found in the district of Yau Ma Tei and Jordan over a short period of time. There are many old buildings with crowded living environment in the district, resulting in higher infection risks in the community. To cut the transmission chain in the district as soon as possible, the Government has decided to take a further step on 'compulsory testing on mandatory basis' in a specified area bounded by Nathan Road to its east, Kansu Street to its north, Ferry Street to its west and Jordan Road to its south. Within the specified area, apart from buildings where confirmed cases not epidemiologically linked to each other were found in two or more units, buildings with one or more confirmed cases found in a unit in the past 14 days would also be included in the compulsory testing notice under Cap. 599J. Persons who had been present at the relevant building in the past 14 days will have to undergo compulsory testing. Twenty buildings fulfilling the above criteria are covered by the compulsory testing notice today. The relevant list will be continually updated until the infection risk in the district is reduced to a low level, so that we could achieve effective infection control."
 
     "Staff of Home Affairs Department will visit the buildings in the area to assist residents to undergo testing at the mobile specimen collection stations or the community testing centre at Henry G Leong Yaumatei Community Centre. The community testing centre at Henry G Leong Yaumatei Community Centre and the mobile specimen collection station at Kwun Chung Sports Centre are expected to provide free testing services to around 5 000 persons in total per day. The Government also plans to set up additional mobile specimen collection facilities to provide testing services for residents in the area when necessary. We believe the expected increase in testing demand could be met."
 
     "Since the infection risk in the community of the above specified area might be higher, the Government encourages residents in the area to undergo testing proactively and promptly, even if they are not subject to compulsory testing. The mobile specimen collection stations will provide free testing services for all residents in the area regardless of whether they are subject to compulsory testing or not."
 
     Details of the compulsory testing notices are as follows:

     Any person who had been present at any specified premises listed in Annex 1 for more than two hours at any time during the period from January 2 to January 15, 2021 (including but not limited to visitors, residents and workers), have to undergo testing by January 18, 2021. If persons subject to compulsory testing have previously undergone testing between January 13 and January 15, 2021, they would be taken to have complied with the requirements set out in the compulsory testing notice.
 
     The Government will set up mobile specimen collection stations at the open space outside Hiu Fung House and Sau Fung House of Fung Wah Estate and Kwun Chung Sports Centre starting from tomorrow (January 16). Apart from mobile specimen collection stations, persons subject to compulsory testing can also choose to attend any of the community testing centres in all districts to receive testing free of charge. The opening dates and operating hours of the mobile specimen collection stations in various districts providing free COVID-19 nucleic acid testing services for the general public are stated in Annex 2.

     Persons subject to compulsory testing may choose to undergo testing via the following routes:
 
1. To visit any of the mobile specimen collection stations (see the list and target groups (if applicable) at www.coronavirus.gov.hk/eng/early-testing.html) for testing;
 
2. To attend any of the community testing centres (see the list at www.communitytest.gov.hk/en/);
 
3. To obtain a deep throat saliva specimen collection pack from any of the 121 post offices, vending machines set up at 20 MTR stations or 47 designated general outpatient clinics (GOPCs) of the Hospital Authority and return the specimen to one of the designated specimen collection points (see the distribution points and times, and the specimen collection points and times, at www.coronavirus.gov.hk/eng/early-testing.html);
 
4. To undergo testing at any of the GOPCs of the Hospital Authority as instructed by a medical professional of the Hospital Authority;
 
5. To self-arrange testing provided by private laboratories which are recognised by the Department of Health (DH) and can issue SMS notifications in respect of test results (see the list at www.coronavirus.gov.hk/pdf/List_of_recognised_laboratories_RTPCR.pdf); or
 
6. To use a specimen bottle distributed to the relevant specified premises by the Centre for Health Protection (if applicable), and return the specimen bottle with the sample collected as per relevant guidelines.

     The spokesman cautioned that testing received at accident and emergency departments of the Hospital Authority or during hospital stays, or testing provided by private laboratories which cannot issue SMS notifications in respect of test results, does not comply with the requirements of the aforementioned compulsory testing notice.

     "If persons subject to compulsory testing have symptoms, they should seek medical attention immediately and undergo testing as instructed by a medical professional. They should not attend the mobile specimen collection stations or the community testing centres."

     Persons subject to compulsory testing must keep the SMS notification containing result of the test for checking by a law enforcement officer when the officer requires the persons to provide information about their undergoing the specified test.

     Furthermore, persons subject to testing under the compulsory testing notice should, as far as reasonably practicable, take appropriate personal disease prevention measures including wearing a mask and maintaining hand hygiene, and, unless for the purpose of undergoing the specified test, stay at their place of residence and avoid going out until the test result is ascertained as far as possible.

     Any enquiries on compulsory testing arrangements may be addressed to the hotline at 6275 6901, which operates daily from 9am to 6pm. If persons subject to compulsory testing plan to conduct testing at any of the community testing centres, they can check the centre's appointment status in advance. The hotlines of the community testing centres are available at www.communitytest.gov.hk/en/info/.

     The Government will continue to trace possibly infected persons who had been to the relevant premises, and seriously verify whether they had complied with the testing notice. Any person who fails to comply with the testing notice commits an offence and may be fined a fixed penalty of $5,000. The person would also be issued with a compulsory testing order requiring him or her to undergo testing within a specified time frame. Failure to comply with the order is an offence and the offender would be liable to a fine at level 4 ($25,000) and imprisonment for six months.
 
     Members of the Auxiliary Medical Service and the relevant officers of departments such as DH, Home Affairs Department, Social Welfare Department, Housing Department and Hong Kong Police Force, are empowered to perform certain functions under the relevant Regulations under the Prevention and Control of Disease Ordinance (Cap. 599), including requesting individuals to provide information and assistance when necessary. Any person who fails to comply with the relevant request commits an offence and would be liable to a fine at level 3 ($10,000). Collection and use of any personal data for conducting COVID-19 tests must meet the requirements under the Personal Data (Privacy) Ordinance (Cap. 486). Government departments or testing service providers which handle the relevant information may provide the data to DH or other relevant departments for anti-epidemic purpose as necessary. The workflow does not involve the provision of any personal data to organisations or persons outside Hong Kong.

     The spokesman said, "The Government urges all individuals who are in doubt about their own health conditions, or individuals with infection risks (such as individuals who visited places with epidemic outbreaks or contacted confirmed cases), to undergo testing promptly for early identification of infected persons. The FHB will publish compulsory testing notices regarding particular groups when necessary taking into account the epidemic developments and the testing participation rate."

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