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Additional legislative provisions to deal with severe acute respiratory syndrome

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The Chief Executive in Executive Council has approved an amendment regulation to empower health officers to prohibit persons who are suffering from the severe acute respiratory syndrome or those who have been exposed to the risk of the syndrome from leaving Hong Kong as an additional precautionary measure to contain the spread of the disease.

The Prevention of the Spread of Infectious Diseases (Amendment) Regulation 2003, made under section 8 of the Quarantine and Prevention of Disease Ordinance (Cap 141), will be published in the Government Gazette tomorrow (April 17) to take effect from zero hour on the gazettal day.

A Government spokesman noted that the international community had expressed grave concern over the local situation, and some overseas countries are worried that the disease would spread to their communities through international travel.

"We need to reassure the international community that effective measures are in place to prevent the spread of the disease across the borders.

"Members of the public have also demanded the Government to take swift and effective measures to contain the spread of the disease," the spokesman said.

The Prevention of the Spread of Infectious Diseases (Amendment) Regulation 2003 seeks to confer on health officers the power to prevent at-risk persons from leaving Hong Kong. It also empowers any person authorized by the Director of Health to take the body temperature of persons arriving at or leaving Hong Kong.

"Although we are seeking additional powers under the Regulations to deal with the severe acute respiratory syndrome, we will ensure, as usual, that the power given will be exercised sensibly and responsibly when situation warrants," the spokesman said.

At present, the Prevention of the Spread of Infectious Diseases Regulations prohibits persons subject to detention from leaving Hong Kong.

The amendment regulation enables health officers to prohibit other persons who are not subject to detention but have been exposed to the risk of infection from leaving Hong Kong.

It will also empower persons authorised by the Director of Health to take the body temperature of persons arriving or leaving Hong Kong, and provide the legal basis for authorised persons to take the body temperature of both arrivals and departures at different control points, if the situation so warrants.

The health officers or authorised medical practitioners also have the power to carry out medical examination on persons arriving or leaving Hong Kong for the purpose of ascertaining whether they are likely to be infected with the severe acute respiratory syndrome.

The main provisions of the amendment regulation are:

* Regulation 27A empowers a health officer to make a written direction prohibiting a person from leaving Hong Kong without the written permission of a health officer, if a health officer has reason to believe or suspect that the person is suffering from the syndrome or has been exposed to the risk of infection of that disease by contact with a person suffering from that disease or is a carrier of that disease.

* Regulation 27B empowers certain public officers to stop and detain a person seeking to leave Hong Kong in contravention of a health officer's direction.

* Regulation 27C empowers an authorised person to take the body temperature of a person arriving in or leaving Hong Kong, and empowers a health officer or an authorised medical practitioner to carry out a medical examination on a person arriving in or leaving Hong Kong for the purpose of ascertaining whether the person is likely to be infected with the syndrome.

The amendment regulation will be tabled at the Legislative Council on April 30, 2003.

End/Wednesday, April 16, 2003
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12 Apr 2019