Vaccine Pass for Catering Business and Scheduled Premises in Hong Kong – At A Glance (Effective from 21 April 2022 to 4 May 2022)

Social distancing restrictions are beginning to ease up slightly, in view of the improvement of the COVID-19 situation in Hong Kong. The current regime is governed by three sets of rules: (1) vaccine pass rules under Cap.599L; (2) directions on catering businesses under Cap.599F; and (3) directions on scheduled premises under Cap.599F. The (1) vaccine pass rules will be effective until a date to be determined; whilst the other rules are currently in effect from 21 April 2022 to 4 May 2022.  

The general requirements that apply across the premises below include the use of the LeaveHomeSafe (LHS) mobile application and certain vaccination requirements when entering these premises. In particular, dine-in services for catering businesses will be prohibited from 10:00 p.m. to 4:59 a.m. of the next day (except for premises listed here). The details of requirements for the premises are set out below.

Notes: 

1. People aged under 15 or below accompanied by an adult who has used the LHS App can be exempted. The following people may provide information on the visit using the specified form or a form containing the same contents instead of using the LHS App: (a) other people aged 15 or below and those aged 65 or above; (b) persons with disabilities; and (c) other persons recognised by the government or organisation(s) authorised by the government for this purpose. Individuals falling into one of the three categories above do not need to fill in the specified form when entering shopping malls, department stores, supermarkets and markets.  
2. Requirement to use the LHS App does not apply to customers who only order takeaway. 
3. If a staff member who had be issued a COVID-19 Vaccination Medical Exemption Certificate and exempted from the Vaccine Pass requirement, and such staff member subsequently received one dose of COVID-19 vaccine but has not received a second dose during this specified period, then the premises operator and the staff member must do the following to avoid breaching the relevant requirements (unless an exemption applies): (1) make an appointment so that they will be receiving the second dose within 35 days following the day he/she received the first dose; and (2) during that period the staff member must undergo a polymerase chain reaction based nucleic acid test for COVID-19 once every seven days starting from 21 April 2022. 
4. All staff members involved in the operation of the business on the premises must comply with the vaccination requirement. This includes any person who serve food or drink to the customers on the premises or conduct promotional or sales activity on the premises in respect of food or drink supplied there.  
5. For customers who are recovered persons they must follow the Vaccine Pass requirements (see our Legal Update here). 
   
   For staff members who are recovered persons, the vaccination requirements are as follows: 
   1. if within six months of recovery or if received the second or third dose before COVID-19 infection: no additional dose required; 
   2. (i) if after six months of recovery and had not been vaccinated before COVID-19 infection:
       
      
      1. if within six months from first dose: one dose; or 
      2. if after six months of the first dose: two doses (second dose not required for persons aged 12-17 who took Comirnaty as the first dose) 
         
         
      (ii) if after six months of recovery having received the first dose before COVID-19 infection: two doses (second dose not required for persons aged 12-17 who took Comirnaty as the first dose). 
6. Person-in-charge must collect and retain vaccination or COVID-19 Vaccination Medical Exemption Certificate (as applicable) of staff members for inspection on the request of an authorised officer. 
7. Customers entering or remaining on the premises must carry at all times his/her vaccination records or COVID-19 Vaccination Medical Exemption Certificate (whichever is applicable) and to show it for inspection on the request of an authorised officer. Customers entering all catering business premises and clubhouses will be subject to active checking, meaning the relevant person-in-charge will inspect the customer’s vaccination record or Medical Exemption Certificate (whichever is applicable). 
8. For more information on the medical exemption arrangement under the prevailing rules, please refer to our Legal Update here. 
9. Staff members involved in the operation of the business on the premises must produce a photo showing a negative RAT result, on which the name of the staff member and the day of taking the RAT are marked, obtained on the relevant work day or on any of the two days immediately preceding the relevant work day, upon being asked by an enforcement officer inside the premises on the relevant work day.