Navigating the snares and scares of COVID-19
Navigating the snares and scares of Covid 19
April 1, 2020
With COVID-19 running amok and quarantine regulations fully in force, our partner Evelyn Tsao answers your most urgent questions regarding the quarantine measures.
Problems during quarantine
Q1. The Government has mistakenly placed me in quarantine, what can I do?
Under the Prevention and Control of Disease Regulation (Cap. 599A), the Compulsory Quarantine of Certain Persons Arriving at Hong Kong Regulation (Cap. 599C), and the Compulsory Quarantine of Persons Arriving at Hong Kong from Foreign Places Regulation (Cap. 599E) (collectively referred to as “the Relevant Quarantine Regulations”), there are four main classes of people who may be placed under compulsory quarantine:
Confirmed cases - any person with confirmed diagnosis of COVID-19.
Close contact – any person who has been, or is likely to have been, exposed to the risk of contracting COVID-19, i.e. a person who has had close contact with another who has confirmed diagnosis of COVID-19.
Traveling from Mainland China, Macau or Taiwan – from 8 February 2020 onwards, any person who enters Hong Kong from Mainland China, Macau or Taiwan (or has stayed in those places 14 days before their date of arrival into Hong Kong).
Traveling from all places outside China – from 19 March 2020 onwards, any person who enters Hong Kong from anywhere else outside China (or has stayed in those places 14 days before the date of their arrival into Hong Kong).
Under the Relevant Quarantine Regulations, a written quarantine order will be given to you when you are placed under quarantine. The quarantine order will specify the terms of quarantine and why you are placed in quarantine.
Freedom of a person is a fundamental human right. No one should have their freedom restricted or deprived. If you do not fall under the above 4 categories of persons and believe you are placed under quarantine without good reason, you should try to clarify your circumstances with the authorized officer (or the responsible government department/agency) who made the quarantine order. Failing that, you have the right to challenge the quarantine order issued against you. This would take the form of an immediate application for judicial review against the Government for unlawfully holding you against your will. Further, you can also claim damages for unlawful detention in a civil claim against the relevant authority.
Q2. I did not leave home while I was under quarantine but I think my wristband was faulty and now the authorities have placed me in a quarantine facility. Can they do that?
Under the Relevant Quarantine Regulations, an authorized officer has the power to assign a place for quarantine. The officer may allow you to be quarantined in a place nominated by you, i.e. your home, but it is not unlawful for the officer to detain you at another facility for the purpose of effecting the quarantine.
However, if you are suspected of having breached the quarantine order, you may be held criminally liable to a fine of HK$25,000 and maximum imprisonment of 6 months. Therefore you should let the authorities know as soon as you suspect any defect in your wristband.
Q3. If both my partner and I are taken into quarantine, what happens to my children?
If both you and your partner are subject to quarantine but not your children, depending on the terms of the quarantine, you should make arrangements for your children to be looked after by an adult family relative.
However, if you do not have family members in Hong Kong who can look after your children, and your term of quarantine (or even hospitalization) results in your children lacking care and supervision, under the Protection of Children and Juveniles Ordinance (Cap. 213), the Director of Social Welfare may step in to either act as guardian of the child(ren), or place him/her with a person/institution who can care for the child(ren). If you have a trusted friend who you would like to appoint as guardian for your children in the event you are quarantined or otherwise incapacitated, you should make a deed of temporary guardianship immediately.
For any further questions, feel free to consult us by email (info@patriciahoassociates.com).
Disclaimer: the above Q&A does not constitute legal advice and seeks to answer questions on general scenarios. Detailed advice should be sought from a legal professional on each particular case.
