Government makes “restriction-testing declaration” and issues compulsory testing notice in respect of specified “restricted area” in North Point
The Government today (January 1) exercised the power under the Prevention and Control of Disease (Compulsory Testing for Certain Persons) Regulation (Cap. 599J) to make a "restriction-testing declaration" (declaration) effective from 7pm, under which people (hereafter referred to as "persons subject to compulsory testing") within the specified "restricted area" in North Point (i.e. Nam Tin Building, 275 King's Road, North Point (excluding the restaurant located on L1 floor and L2 floor of Nam Tin Building). See Annex) are required to stay in their premises and undergo compulsory testing. Persons subject to compulsory testing are required to stay in their premises until all such persons identified in the "restricted area" have undergone testing and the test results are mostly ascertained. The Government aims at finishing this exercise at about 7am tomorrow (January 2).
A Government spokesman said, "Under Cap. 599J, the Government can, according to the needs of infection control, make a 'restriction-testing declaration'. As a preliminary tested positive case who has lived in the abovementioned building was detected today, and the preliminary test result involved a mutant strain, the risk of infection in the relevant area is assessed to be likely higher, so the Government decided to make a 'restriction-testing declaration' for the relevant area after the test result was found to be positive."
The Government will set up temporary specimen collection stations at the "restricted area" and request persons subject to compulsory testing to undergo testing before 1am tomorrow. Arrangements will be made for persons subject to compulsory testing to undergo a nucleic acid test at specimen collection stations where dedicated staff will collect samples through combined nasal and throat swabs. Persons subject to compulsory testing must stay at their place of residence until all test results are ascertained to avoid cross-infection risk. The Government will arrange for door-to-door specimen collection for people with impaired mobility and elderly persons.
The Government spokesman said, "We understand that this exercise will cause inconvenience to the public. The Government has made arrangements to carry out testing for all persons present in the 'restricted area' as soon as possible. The aim is to strive to complete testing of all identified persons subject to compulsory testing and confirm the results, and finish the exercise at around 7am tomorrow. The Government will make a public announcement when the declaration expires officially. In the cases in which employees are unable to go to work because of the declaration, the Government hopes their employers can exercise discretion and not deduct the salaries or benefits of the employees."
If staying in the "restricted area" will cause unreasonable hardship to individuals who are not residents in the area when the declaration takes effect, government officers may exercise discretion and allow that person to leave the area after considering the individual circumstances. That person must have followed the instructions to undergo testing and leave his/her personal information for contact purposes.
Persons in the "restricted area" who have undergone testing from December 30, 2021 to January 1, 2022, and are able to provide the SMS notification through a mobile phone or related certification containing the test results, are not required to take the test again. However, they are required to stay in their premises until all such persons identified in the area have undergone testing and the test results are mostly ascertained. Also, according to the compulsory testing notice to be issued today, any person who had been present at the above building for more than two hours from December 12, 2021 to January 1, 2022, even if they were not present in the "restricted area" at the time when the declaration took effect, must undergo compulsory testing on or before January 3, 2022. As a mutant strain is involved, for prudence's sake, vaccinated persons are also required to undergo testing.
In addition, in accordance with the latest arrangement, persons who resided in the same building as the preliminary tested positive case carrying variant of concern suspected to be Omicron are required to undergo compulsory testing on days 2, 3, 4, 7, 12 and 19 counting from the day subsequent to that when the relevant confirmed case last stayed in that building before being admitted to hospital for treatment or leaving Hong Kong.
The Home Affairs Department has set up a hotline (Tel: 2835 1473) which starts operation at 7pm today for residents restricted by the declaration to make enquiries and seek assistance. The Social Welfare Department will also provide assistance to the affected persons.
The Government appeals to persons subject to compulsory testing for their full co-operation by registering and undergoing testing, and waiting for the results patiently at home. The Government will strictly follow up on whether the persons concerned have complied with the compulsory testing notices and "restriction-testing declaration". Any person who fails to comply with the compulsory testing notices 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 compulsory testing order or the "restriction-testing declaration" is an offence and the offender would be liable to a fine at level 4 ($25,000) and imprisonment for six months.
