Hong Kong Vaccine Pass and COVID-Related Restrictions – At A Glance (Update: 21 March 2022)

The Hong Kong government has imposed a number of restrictions and measures to combat the current COVID-19 situation, which most notably now include the requirement for a "Vaccine Pass" to enter certain premises. 

In this Legal Update, we summarise the latest obligations and requirements under the vaccine pass arrangement (based on what we know so far) and other key COVID-related restrictions. 

1. What is the vaccine pass arrangement?
   
   Under the vaccine pass arrangement from 24 February 2022, generally all visitors (except for exempted group, see 2 below) entering a "Specified Premise" from the dates below will be required to be vaccinated as follows:
   
   

   Phase	Relevant Date	Age Group	Minimum COVID-19 Vaccination Requirements
   1	From 24 February 2022 to 29 April 2022	18 or above	1 dose
   		12-17	1 dose
   		Recovered persons aged 12 or above within 6 months from recovery*	No additional dose required
   		Recovered persons aged 12 or above who had received second or third doses before COVID-19 infection**	No additional dose required
   		Recovered persons aged 12 or above after 6 months from recovery*, who were not vaccinated before COVID-19 infection**	1 dose
   		Recovered persons aged 12 or above after 6 months from recovery*, who received first dose before COVID-19 infection**	No additional dose required
   2	From 30 April 2022 to 30 May 2022	18 or above	2 doses
   		12-17	2 doses (or 1 dose for those who have had their first dose within the last 6 months)
   		Recovered persons aged 12 or above within 6 months from recovery*	No additional dose required
   		Recovered persons aged 12 who had received second or third doses before COVID-19 infection**	No additional dose required
   		Recovered persons aged 12 or above after 6 months from recovery*, who were not vaccinated before COVID-19 infection**	2 doses (or 1 dose for those who have had their first dose within the last 6 months)  Note: second dose is not required for a person aged 12-17 who took Comirnaty (BioNTech) as the first dose
   		Recovered persons aged 12 or above after 6 months from recovery*, who received first dose before COVID-19 infection**	2 doses  Note: second dose is not required for a person aged 12-17 who took Comirnaty (BioNTech) as the first dose
   3	From 31 May 2022	18 or above	3 doses (or 2 doses for those who have had their second dose within the last 6 months)
   		12-17	3 doses (or 2 doses for those who have had their second dose within the last 6 months)
   		Recovered persons aged 12 or above within 6 months from recovery*	No additional dose required
   		Recovered persons aged 12 who had received second or third doses before COVID-19 infection**	No additional dose required
   		Recovered persons aged 12 or above after 6 months from recovery*, who were not vaccinated before COVID-19 infection**	2 doses (or 1 dose for those who have had their first dose within the last 6 months)  Note: second dose is not required for a person aged 12-17 who took Comirnaty (BioNTech) as the first dose
   		Recovered persons aged 12 or above after 6 months from recovery*, who received first dose before COVID-19 infection**	2 doses  Note: second dose is not required for a person aged 12-17 who took Comirnaty (BioNTech) as the first dose

   
   * Recovery for the purpose of the vaccine pass means 14 days after the date of the most recent documented positive test.
   
   
   ** When calculating the number of doses received before infection, only those doses received at least 14 days before the most recent documented positive test will count. If a dose is received within 14 days before the most recent documented positive test, it will not be counted as a dose received before infection.
   
   
   The Secretary for Food and Health will issue vaccine pass direction from time to time, including information on "Specified Premises". Starting from 24 February 2022, the list of "Specified Premises" includes catering business premises and the 23 scheduled premises inSchedule 2 of Cap 599F. 
   
   

   Specified Premises	Application of the Vaccine Pass
   Catering business premises, amusement game centres, bathhouses, fitness centres, places of amusement, places of public entertainment, party rooms, beauty parlours and massage establishments, clubs or nightclubs, karaoke establishments, mahjong-tin kau premises, club houses, sports premises, swimming pools, cruise ships, event premises, religious premises, barber shops or hair salons, shopping malls, department stores, supermarkets, markets.	All visitors including employees (except for exempted group)
   Hotels or guesthouses	All employees and customers entering other Specified Premises (e.g., restaurants, bars or pubs) housed by the relevant hotel or guesthouse, except for exempted group.

   
   Visitors entering "Specified Premises" are required to carry an electronic version or a paper copy of their COVID-19 vaccination record or specified medical exemption certificate, and present it as required by law enforcement officers during spot checks or other enforcement actions. 
   
   There are two forms of checking, passive and active:
   
   

   	Application	Checking Requirement
   Passive checking	shopping malls department stores supermarkets markets	Active production of vaccination record or medical exemption certificate to the person-in-charge of the premises is not required
   Active checking	All Specified Premises except:  shopping malls department stores supermarkets  markets hotels  guesthouses	Active production of the following is required:  vaccination record or medical exemption certificate; and  relevant QR code (i.e., the QR code saved in "LeaveHomeSafe", "iAM Smart" or "eHealth" app or paper vaccination record) If there is no QR code on the vaccination record or the exemption certificate, complete a specified form with their name, contact details, date and time of visit, to be kept by the person-in-charge of the premises for 31 days.

   
   

   The vaccine pass requirements are also applicable at schools, universities, government and public sector offices, indoor venues managed by the Leisure and Cultural Services Department, public hospitals, residential care homes for the elderly, residential care homes for persons with disabilities through administrative instructions. However, the vaccine pass requirements for the applicable categories of persons may differ in these premises. For example, the vaccine pass is not applicable to patients seeking consultation at public hospitals. 

   
   
2. Are there any exemptions to the vaccine pass arrangement?
   
   
   Yes. The vaccine pass arrangement does not apply to the following persons:-
   
   
   • individuals under the age of 12; 
   • individuals unsuitable for vaccination due to health reasons, holding a specified medical exemption certificate (see link for the sample medical exemption certificate); 
   • individuals who enter the Specified Premises only for the purpose of ordering takeaway of food or drink or taking away such food or drink, delivering or picking up an article from the premises, or performing necessary repairs on the premises;
   • individuals who enter or pass through the Specified Premises solely for receiving vaccination, medical treatment or undergoing a specified test in a place other than the Specified Premises; or 
   • individuals who enter or pass through the Specified Premises only for receiving essential government services (including any government service that enables compliance with any legal requirement) provided on the Specified Premises, or any premises in the same building as the Specified Premises;
   • individuals who enter or pass through Specified Premises only for appearing as a party, or a representative of a party, to any proceedings in any court, statutory tribunal or statutory board held on the Specified Premises, or any premises in the same building as the Specified Premises;
   • if it is reasonably necessary for a person to enter the Specified Premises to avoid physical harm to themselves or anyone else inside the premises; or
   • individuals required by a public officer (who is performing a function of the officer) to enter the Specified Premises;
   • individuals with lawful authority or reasonable excuse to enter or remain on the Specified Premises.
   
   (See Section 5(2) of the Prevention and Control of Disease (Vaccine Pass) Regulation (Cap 599L))
   
   
3. What are the consequences for breaching vaccine pass requirements?
   
   Breach of vaccine pass requirements is an offence. 
   
   Any individual who enters or remains on any Specified Premises (without having been vaccinated in the specified manner for the purposes of the relevant vaccine pass direction) may be liable on conviction for a maximum fine of HK$10,000 (see section 5(4) of Cap 599L).
   
   A penalty notice may be given to a person who violates the vaccine pass requirements. If they comply with the penalty notice by paying a fixed penalty (currently HK$5,000) within 21 days after the date on which the penalty notice is given, then they will not be prosecuted or convicted for the offence (see Schedule of Cap 599L). 
   
   
4. What are the other COVID-related restrictions and offences? 
   
   Social distancing rules applying during the period from 10 to 23 March 2022 (which may be extended) (Specified Period) and the consequences of breach are set out below: 
   
   

   	Restriction	Details	Consequences of Breach
   (1)	Prohibition on group gatherings of more than 2 persons at a public place during the Specified Period (see link for a list of gatherings exempted from this restriction)	It is an offence to participate or organise a prohibited group gathering or knowingly allow a gathering to take place as the individual who owns, controls or operates the place or premises where the gathering takes place  (See section 6 of Cap 599G for details and section 7 of Cap 599G for available defences)	Maximum fine of HK$25,000 and 6 months' imprisonment on conviction.  No prosecution if compliance with penalty notice by paying fixed penalty of HK$5,000.
   (2)	Prohibition on multi-household gatherings (i.e. gathering of persons ordinarily living in more than 2 households) in private premises during the Specified Period. Note: a household is not to be counted if each of the participants, or (if appropriate) the only participant, of the gathering ordinarily living in that household participates solely to provide care and support to any other participant of the gathering ordinarily living in another household who has particular needs due to reasons such as age, illness, disability, mental health, pregnancy or other health condition (Section 8A(2) of Cap 599G) (See link for a list of exempted multi-household gatherings)	It is an offence to participate in or organise a prohibited multi-household gathering, or knowingly allow the gathering to take place as the individual who owns, controls or operates the place or premises where the gathering takes place  (See section 8E of Cap 599G for details and section 8F of Cap 599G for available defences)	Maximum fine of HK$25,000 and 6 months' imprisonment on conviction.  No prosecution if compliance with penalty notice by paying fixed penalty of HK$5,000.
   (3)	Prohibition on catering businesses to sell food or drink during the Specified Period  (Note exceptions under section 3(3) of Cap 599F)	It is an offence for a person responsible for carrying on a catering business to sell food or drink between 6:00 p.m. and 4:59 a.m. of the subsequent day It is also an offence for a person responsible for carrying on a catering business to not comply with the directions of the Secretary for Food and Health  (See section 3 of Cap 599F and section 7 of Cap 599F for details, and section 13A of Cap 599F for available defences)	Maximum fine of HK$50,000 and 6 months' imprisonment on conviction.
   (4)	Prohibition on the non-compliance of the directions of the Secretary for Food and Health by the manager of any scheduled premises during the Specified Period	It is an offence for a manager of any scheduled premises, or the organiser of a specified event held on event premises, to not comply with the directions of the Secretary for Food and Health  (See section 9 of Cap 599F for details and section 13A of Cap 599F for available defences)	Maximum fine of HK$50,000 and 6 months' imprisonment on conviction.
   (5)	Mandatory mask-wearing requirement in public transport carrier, MTR paid area or a specified public place during the Specified Period  (Note the exceptions under sections 4(2) and 5A(2) of Cap 599I)	It is an offence for an individual who fails to comply with the mandatory mask-wearing requirement  (See section 6(1) of Cap 599I for details and section 6(3) of Cap 599I for available defences)	Maximum fine of HK$10,000.  No prosecution if compliance with penalty notice by paying fixed penalty of HK$5,000.
   (6)	Testing under a compulsory testing notice	It is an offence for an individual who fails to comply with a requirement under a compulsory testing notice  (See section 13(1) of Cap 599J for details and section 13(2) of Cap 599J for available defences)	Maximum fine of HK$10,000 on conviction. No prosecution if compliance with penalty notice by paying fixed penalty of HK$5,000.

• A First Look at the Amendments to the Employment Ordinance to Address Hong Kong's COVID-19 Measures (28 February 2022)
• Government extends most social distancing measures (8 March 2022)
• Vaccine Pass Direction in relation to Catering Business Premises and Scheduled Premises (20 March 2022)
• Government adjusts vaccination requirements of Vaccine Pass (20 March 2022)