(Cap 141 section 8) [16 September 1955] (G.N.A. 95 of 1955) Cap 141B reg 1 Citation PART I GENERAL These regulations may be cited as the Prevention of the Spread of Infectious Diseases Regulations. Cap 141B reg 2 Interpretation In these regulations, unless the context otherwise requires- "carrier" (带菌者) means any person in whose body is carried the germs of an infectious disease; "contact" (传染病接触者) means any person who has been exposed to the risk of infection of an infectious disease whether from humans or animals or birds; "conveyance" (运输工具) includes all vessels, and all conveyances used wholly or in part for the carriage of freight; "infectious" (具传染性) means capable of transmitting an infectious disease; "isolation area" (隔离区) means an area the subject of an order made under regulation 24; (G.N.A. 133 of 1961) "isolation order" (隔离令) means an order made under regulation 24; (G.N.A. 133 of 1961) "isolation premises" means premises the subject of an order made under regulation 24; (G.N.A. 133 of 1961) "sick person" (病人) means a person suffering from an infectious disease. (L.N. 79 of 1974) Cap 141B reg 3 Exercise of health officer's powers Where, under these regulations, a power is given to a health officer to do any act or thing the same may be done by any person acting under his direction. Cap 141B reg 4 Medical practitioners to report infectious diseases PART II NOTIFICATION (1) Where any medical practitioner or medical officer has reason to suspect the existence of a case of an infectious disease or, in the case of death, that an infectious disease existed, he shall forthwith notify the Director of Health. (L.N. 76 of 1989) (2) A notification under paragraph (1)- (a) in the case of tuberculosis, shall be in accordance with Form 1 in the Schedule; and (b) in the case of any other infectious disease, shall be in accordance with Form 2 in the Schedule,and shall be signed by the medical practitioner. (L.N. 96 of 1968) (2A) The Director of Health shall supply free copies of Form 1 and Form 2 upon request to medical practitioners and officers in charge of police stations. (L.N. 96 of 1968; L.N. 76 of 1989) (3) (Repealed L.N. 81 of 1994) (4) Where a medical practitioner confirms or disproves the existence of any infectious disease, concerning which he had notified the Director of Health, he shall forthwith report the said confirmation or disproof to the Director of Health. (L.N. 76 of 1989) Cap 141B reg 5 Other persons to report infectious disease (1) Where any person, not under the care of a medical practitioner is known to be suffering or to have died from any infectious disease a report thereof shall forthwith be made to- (a) a health officer; or (b) a police officer on duty at the nearest police station or the medical officer in charge of the nearest public dispensary or to any health inspector, who in turn shall inform the health officer.(2) Such report shall be made by- (a) in the case of an inmate of any premises- (i) the occupier or keeper of such premises; or (ii) the nearest adult relative living on such premises; or (iii) any person in charge of or in attendance on the sick person or dead body; or(b) any person having knowledge of the case of an infectious disease. Cap 141B reg 6 Sick persons in hotels, boarding houses or common lodging-houses Where any sick person is in any hotel, boarding house or common lodging-house the keeper of such institution shall forthwith make a report to any of the persons mentioned in regulation 5(1). Cap 141B reg 7 Offences (1) Any person who- (a) being required by these regulations to make a report concerning any infectious disease, or any death therefrom, neglects without reasonable excuse to make such report with the least practicable delay; or (b) knowingly furnishes any information which is false concerning any such disease or death,shall be liable to a fine of $2500. (L.N. 81 of 1994) (2) Any person charged with an offence under this regulation shall be presumed to have known of the existence of the infectious disease, unless he shows to the satisfaction of the court that he had no such knowledge and could not with reasonable diligence have obtained such knowledge. Cap 141B reg 8 Power of entry and examination PART III SICK AND INFECTED PERSONS A health officer authorized in writing in that behalf by the Director of Health and any person authorized by such health officer may enter and where necessary, in the presence of a police officer, break into any premises for the purpose of- (L.N. 76 of 1989) (a) ascertaining whether there is therein any sick person or any contact or carrier; or (b) examining any dead body where the health officer has reason to believe that the cause of death has not been certified by a medical practitioner, or has doubt as to the diagnosis certified,and may cause any such person or dead body to be examined. Cap 141B reg 9 Examination of persons and dead bodies A health officer may- (a) carry out a medical examination on, and for that purpose detain, any person whom he has reason to believe is a sick person, contact or carrier; and (b) carry out a post-mortem examination on, and for that purpose remove to a mortuary or other suitable place, any dead body where he has reason to believe that infectious disease existed therein at the time of death. Cap 141B reg 10 Removal of sick persons, contacts and carriers A health officer may remove any sick person, contact or carrier to an infectious diseases hospital or such other place as he may appoint. Cap 141B reg 11 Treatment of persons elsewhere (1) A health officer may permit in writing a sick person, contact or carrier to be treated elsewhere than in an infectious diseases hospital. (2) The health officer may endorse on such permit such conditions as he deems necessary, and such conditions shall be complied with by all persons having charge of the sick person, contact or carrier. Cap 141B reg 12 Detention of persons removed Any person removed to an infectious diseases hospital or other place under regulation 10, 27B(2) or 27C(4) may be detained there until, in the opinion of the medical officer in charge of such infectious diseases hospital or other place, such person is no longer infectious. (L.N. 107 of 2003) Cap 141B reg 13 Entry to infectious diseases hospitals No person shall enter an infectious diseases hospital or other place appointed by a health officer under regulation 10, 27B(2) or 27C(4) without the permission of a health officer or the medical officer in charge of such infectious diseases hospital or other place. (L.N. 107 of 2003) Cap 141B reg 14 Person not to expose others to infection or enter public conveyances PART IV RESTRICTIONS ON EXPOSURE OR TRANSPORT OF SICK PERSONS AND OF DISPOSAL OF INFECTED DEAD BODIES (1) No person knowing he is a sick person shall, and no person having the care of any person whom he has reason to believe is a sick person shall permit that person to- (a) expose other persons to the risk of infection by his presence or conduct in any street, public place, place of entertainment or assembly, club, or hotel, or by carrying on any trade, business or occupation; (b) enter any public conveyance used for the carriage of passengers at separate fares except with the permission in writing of a health officer and subject to such conditions as he may specify; (c) enter any other kind of public conveyance without first informing the owner, driver, or conductor of the fact that he is a person so suffering.(2) No person knowing he is suffering from plague or cholera shall travel in any conveyance other than an ambulance except with the permission in writing of a health officer and subject to such conditions as he may specify. (L.N. 81 of 1994) (3) Except as herein provided no owner or conductor of a public conveyance used for the carriage of passengers at separate fares shall convey therein any person whom he has reason to believe is a sick person. Cap 141B reg 15 Owners of conveyances to make reports Any owner or driver of any conveyance who carries any person whom he has reason to believe is a sick person shall forthwith report the matter to a health officer, or other person specified in regulation 5(1). Cap 141B reg 16 Disposal of infected clothing, etc. No person shall, except with the consent and under the direction of a health officer knowingly give, lend, sell, pawn, transmit, remove or expose any bedding, clothing or other article which he has reason to believe has become infectious. Cap 141B reg 17 Disposal of infected dead bodies (1) Every dead body in which there existed an infectious disease at the time of death shall be buried or cremated at the burial or cremation ground set apart therefor, or at such other place as the health officer may direct. (2) Persons carrying out such disposal privately shall comply with the directions of the health officer in relation to disinfection, and the time, route and method of removing the dead body to the burial or cremation ground. (3) Where no person undertakes the private disposal of such a dead body, the health officer shall cause it to be disposed of. Cap 141B reg 18 No infected dead body to be dealt with otherwise No person shall deposit or cause to be deposited in any place other than in a burial or cremation ground in which it may be lawfully buried or cremated as the case may be, any dead body in which there existed an infectious disease at the time of death. Cap 141B reg 19 Disinfection of building PART V DISINFECTION AND CLEANSING (1) Where it appears to a health officer that any infectious disease exists or has existed in any building he may with the approval of the Director of Health- (L.N. 76 of 1989) (a) by an order in writing served on the owners of such building require the same to be disinfected, disinsected and deratted to his satisfaction within the time specified in such order; (b) for such purpose close the building; and (c) remove any person under the powers conferred by regulation 10.(2) No person shall occupy any building which has been closed under this regulation. Cap 141B reg 20 Wells Where in the opinion of a health officer it is necessary as a prevention of the introduction or spread of any infectious disease he may with the approval of the Director of Health by order in writing served on the owners of any well, require the same to be filled up, cleansed or disinfected to his satisfaction within the time specified in such order. (L.N. 76 of 1989) Cap 141B reg 21 Enforcement of orders Remarks: Adaptation amendments retroactively made - see 60 of 2000 s. 3 Where an order made under regulation 19 or 20 is not complied with within the time specified therein, the health officer and any person authorized by him may enter and where necessary, in the presence of a police officer, break into any premises for the purpose of carrying out the requirements of such order. The cost of such work may be recovered from the owner of the building as if it were a debt due to the Government. (60 of 2000 s. 3) Cap 141B reg 22 Disinfection of conveyances Where it appears to a health officer that any conveyance is, or may have become infectious in respect of plague, cholera or yellow fever, he may disinfect, disinsect and derat such conveyance. (L.N. 81 of 1994) Cap 141B reg 23 Disinfection and destruction of personal effects Where it appears to a health officer that any clothing, bedding or personal effects are, or may have become infectious he may- (a) disinfect and disinsect the same; or (b) with the approval of the Director of Health destroy the same. (L.N. 76 of 1989) Cap 141B reg 24 Power to order areas or premises to be isolated PART VI ISOLATION OF AREAS AND PREMISES (1) Whenever, having regard to the circumstances, the Director of Health considers it expedient for the prevention of the spread of any infectious disease, he may order the isolation of any particular area or premises. (L.N. 76 of 1989) (2) An isolation order may require the complete isolation of any area or premises subject thereto or may require such degree of isolation or be subject to such conditions or limitations as the Director of Health may consider sufficient to prevent the spread of the infectious disease in question. (L.N. 76 of 1989) (3) An isolation order may be issued in such form or in such manner as, having regard to the circumstances, the Director of Health considers best suited to bring the terms of such order to the notice of the public. (L.N. 76 of 1989) Cap 141B reg 25 Restriction on movement No person shall enter or leave any isolation area or isolation premises, or bring into or take out of any such area or premises any conveyance, animal, bird, food or thing, except with the express permission in writing of a health officer or in accordance with the terms of the isolation order issued in respect of such area or premises. Cap 141B reg 26 Seizure and destruction of animals, birds, food, etc. in certain cases If any animal, bird, food or other thing is brought into or taken out of any isolation area or isolation premises in contravention of any of the provisions of regulation 25, such animal, bird, food or thing may be seized by a health officer and may in his discretion forthwith be destroyed or be disinfected or disinsected as the case may require. Cap 141B reg 27 Exercise of powers Any power conferred upon a health officer by any of the provisions of this Part may be exercised by any person acting under his lawful direction. Cap 141B reg 27A Persons restricted from leaving Hong Kong without permission in writing of health officer PART VIA RESTRICTION ON DEPARTURE FROM HONG KONG AND MEDICAL EXAMINATION OF TRAVELLERS TO PREVENT SPREAD OF SEVERE ACUTE RESPIRATORY SYNDROME (1) Where a health officer has reason to believe or suspect that a person- (a) is suffering from Severe Acute Respiratory Syndrome; (b) has been exposed to the risk of infection of Severe Acute Respiratory Syndrome by contact with a person suffering from that disease; or (c) is a carrier of Severe Acute Respiratory Syndrome, the health officer may make a direction in writing prohibiting the person from leaving Hong Kong without the permission in writing of a health officer during a period specified in the direction. (2) A health officer shall serve a copy of the direction on the subject of the direction, either personally or by post, but whether or not it is served, the direction comes into force immediately upon being made. (3) The subject of a direction made under paragraph (1) may not leave Hong Kong without the permission in writing of a health officer during the period specified in the direction. (4) A health officer may attach any conditions that he considers appropriate to any permission referred to in paragraph (3). (5) A person who knowingly contravenes paragraph (3) or fails to comply with a condition attached under paragraph (4) commits an offence and is liable to a fine of $5000 and to imprisonment for 6 months. (Part VIA added L.N. 107 of 2003) Cap 141B reg 27B Power to stop and detain persons seeking to leave Hong Kong in contravention of regulation 27A (1) Any- (a) police officer or health officer; (b) member of the Immigration Service, Auxiliary Medical Service or Civil Aid Service authorized by the Director of Health; or (c) public officer authorized by the Director of Health, may stop and detain any person seeking to leave Hong Kong in contravention of regulation 27A. (2) A person detained under paragraph (1) may be removed by any person referred to in subparagraph (a), (b) or (c) of that paragraph to an infectious diseases hospital or such other place as appointed by a health officer. (3) An authorization under paragraph (1)(b) or (c) may be given by the Director of Health to a member of the Services referred to in paragraph (1)(b), or a public officer referred to in paragraph (1)(c), by rank or office as specified by the Director. (4) A person who obstructs the exercise of a power under paragraph (2) by a person referred to in paragraph (1)(a), (b) or (c) commits an offence and is liable to a fine of $5000 and to imprisonment for 6 months. (Part VIA added L.N. 107 of 2003) Cap 141B reg 27C Medical examination of persons arriving in or leaving Hong Kong (1) As a measure for preventing the introduction into, the spread in and the transmission from Hong Kong of Severe Acute Respiratory Syndrome, any person authorized by the Director of Health for the purposes of this paragraph may take the body temperature of any person arriving in Hong Kong or leaving Hong Kong. (L.N. 145 of 2003) (2) A health officer, or a medical practitioner authorized by the Director of Health for the purposes of this paragraph, may carry out a medical examination on, and for that purpose stop and detain, any person arriving in Hong Kong or leaving Hong Kong, for the purpose of ascertaining whether that person is likely to be infected with Severe Acute Respiratory Syndrome. (3) Without limiting paragraphs (1) and (2), any person referred to in regulation 27B(1)(a), (b) or (c) may stop and detain any person arriving in Hong Kong or leaving Hong Kong, until- (a) the person's body temperature can be taken under paragraph (1); or (b) a medical examination can be carried out on the person under paragraph (2).(4) If after a medical examination on a person under paragraph (2), the health officer or the medical practitioner referred to in that paragraph has reason to believe or suspect that the person is likely to be infected with Severe Acute Respiratory Syndrome, that person may be detained and removed by any person referred to in regulation 27B(1)(a), (b) or (c) to an infectious diseases hospital or such other place as appointed by a health officer. (5) A person who obstructs the exercise of a power- (a) under paragraph (1) by an authorized person; (b) under paragraph (2) by a health officer or an authorized medical practitioner; or (c) under paragraph (3) or (4) by a person referred to in regulation 27B(1)(a), (b) or (c),commits an offence and is liable to a fine of $5000 and to imprisonment for 6 months. (Part VIA added L.N. 107 of 2003) Cap 141B reg 27D This Part not to derogate from other provisions This Part is in addition to and not in derogation from the other provisions of these regulations. (Part VIA added L.N. 107 of 2003) Cap 141B reg 28 Persons not to resist or obstruct health officer PART VII MISCELLANEOUS No person shall resist or obstruct in the execution of his duties any health officer or person acting under his directions. Cap 141B reg 29 Offences Any person who contravenes, or fails to comply with the provisions of regulation 11, 13, 14, 15, 16, 17, 18, 19, 25 or 28 shall be liable to a fine of $5000 and 6 months imprisonment. (G.N.A. 133 of 1961; L.N. 81 of 1994) Cap 141B SCHEDULE [regulation 4] FORM 1 QUARANTINE AND PREVENTION OF DISEASE ORDINANCE (Cap 141) Tuberculosis Notification Particulars of Infected Person Name in English: Name in Chinese: Age/Sex: I.D. Card/ Passport No.: Address: Telephone Number: Place of Work/School Attended: Telephone Number: Site of TB Sputum Disposal Hospital/ Clinic sent to (if any): Resp. System Smear Culture On Treatment Meninges Positive On Observation Bone & Joint Negative Referred Hospital No.: Other(s) Unknown Died Duration of stay in Hong Kong: _______________ Years. Does patient have a history of past treatment for tuberculosis? □ Yes □ No If yes, please state the YEAR in which he first received treatment: ______________________________________ Notified under the Prevention of the Spread of Infectious Diseases Regulations by Dr. _____________________________________ on _________/_____________/_________ (Full Name in BLOCK Letters) (Date) Telephone Number: ____________________ ___________________________________________ (Signature) (Please DELETE whichever is not applicable) "I will arrange for examination of contacts myself." "Please arrange for examination of contacts to be done by the Government Chest Service." Further Remarks: FORM 2 QUARANTINE AND PREVENTION OF DISEASE ORDINANCE (Cap 141) Notification of Infectious Diseases other than Tuberculosis Particulars of Infected Person Name in English: Name in Chinese: Age/Sex: I.D. Card/ Passport No.: Address: Telephone Number: Place of Work/School Attended: Telephone Number: Hospital(s) attended: Hospital/A & E Number:Disease (3) below Suspected/Confirmed on _______/_________/_______. Acute Poliomyelitis Legionnaires' Disease Rubella Amoebic Dysentery Leprosy Scarlet Fever Bacillary Dysentery Malaria Severe Acute Respiratory Syndrome Chickenpox Measles Tetanus Cholera Meningococcal Infections Typhoid Fever Dengue Fever Mumps Typhus Diphtheria Paratyphoid Fever Viral Hepatitis Food Poisoning Plague Whooping Cough Influenza A (H5) Rabies Yellow Fever Japanese encephalitis Relapsing Fever Notified under the Prevention of the Spread of Infectious Diseases Regulations by Dr. _____________________________________ on _________/_____________/_________ (Full Name in BLOCK Letters) (Date) Telephone Number: ____________________ _________________________________________ (Signature) Remarks: (L.N. 81 of 1994; L.N. 347 of 1998; L.N. 80 of 2003; L.N. 15 of 2004; L.N. 138 of 2004)
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