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Chapter:

599 PDFTitle:Prevention and Control of Disease OrdinanceGazette Number:E.R. 1 of 2013
Section:8Heading:Public health emergency regulationVersion Date:25/04/2013


(1) On any occasion which the Chief Executive in Council considers to be an occasion of a public health emergency, he may make regulations (the regulation) for the purposes of preventing, combating or alleviating the effects of the public health emergency and protecting public health.
(2) The Chief Executive in Council shall review from time to time, or cause to be reviewed from time to time, the public health emergency in respect of which the regulation is made.
(3) Without limiting the generality of subsection (1), the regulation may provide for—

    (a) requirements on a person to disclose or furnish any information that is relevant to the handling of a state of public health emergency;
    (b) the disclosure to the public by a public officer of any information that is relevant to the handling of a state of public health emergency;
    (c) the requisitioning of property and matters relating to compensation for such requisition;
    (d) matters relating to the appointment of any person to act as a medical and health professional, the control of such appointed person, and the deeming of such appointed person to be registered under any enactment; and
    (e) such incidental and supplementary matters as appear to the Chief Executive in Council to be necessary or expedient for the purposes of the regulation.
(4) The regulation may provide that a contravention of any provision of the regulation is an offence punishable with a fine not exceeding level 5 and a term of imprisonment not exceeding 6 months.
(5) In this section, public health emergency (公共衞生緊急事態) means—
    (a) the occurrence of or the imminent threat of a disease, an epidemic or a pandemic;
    (b) the occurrence of a novel, or highly infectious, agent or matter; or
    (c) the widespread exposure or the imminent threat of widespread exposure of human beings to an infectious agent,
    that has a high probability of causing a large number of deaths in the population or a large number of serious disabilities (whether or not long-term) in the population.
(6) For the purposes of a regulation made under subsection (3)(c), property may be requisitioned—
    (a) by requiring a person to place it either temporarily or permanently at the disposal of the public officer requisitioning it; or
    (b) by the public officer requisitioning it taking possession of it either temporarily or permanently.