The Secretary for Food & Health has prohibited group gatherings of more than four people in public places from March 29 to April 11 in accordance with the Prevention & Control of Disease (Prohibition on Group Gathering) Regulation.

The Government made the statement today in response to media enquiries concerning a gathering involving a Legislative Councillor and some 40 people in a bar on the night of April 2.

It was alleged the bar, with its gate halfway closed, was not in business during the time of the gathering and that participants had maintained social distancing.  

According to the Prevention & Control of Disease (Prohibition on Group Gathering) Regulation, a public place is one that members of the public or some members of the public can access or are permitted access from time to time.

Even for private properties, if members of the public or some members of the public are allowed access from time to time, such as food premises, bars and cinemas, such private premises fall under the definition of a public place and the requirements of prohibiting group gatherings would be applicable.

Whether the group gathering in the bar concerned was conducted in a public place therefore depends on the actual situation. If the situation at that time allowed members of the public to enter the bar premises, it might fulfil the definition of a public place and the requirements of prohibiting group gatherings under the regulation could be applicable.

As stipulated in the regulation, anybody who participates in or organises a prohibited group gathering or owns, controls or operates the place of the gathering, and knowingly allows the gathering to take place, is committing an offence. Offenders are liable to a fine of $25,000 and six months’ imprisonment.

There are 12 exempted group gatherings to the regulation. One exemption applies to group gatherings for performing any duty of a statutory body or an advisory body of the Government.

A group gathering necessary for the proceedings in the Legislative Council or a District Council is another exempted group.

However, it must be pointed out that LegCo is not a statutory body or an advisory body of the Government. Legislative Councillors participating in or organising group gatherings at occasions outside the council, whether or not as a function of the LegCo, are not exempted by the regulation.

Premises such as bars are high-risk venues in spreading the virus, the Government said, noting that among the 573 confirmed cases of COVID-19 recorded between March 19 and April 1, 132 were local infections.

Of these local infections, 69 involved bars and similar premises, including 28 cases in which patients had visited different bars in Central. In addition, there had been cluster outbreaks involving customers and performing bands of bars in Wan Chai and Tsim Sha Tsui.

In light of these cases, the Secretary for Food & Health required on April 2 that premises including bars and pubs be closed for a specified period in accordance with the Prevention & Control of Disease (Requirements & Directions) (Business & Premises) Regulation.

The Government said the legislative intent in prohibiting group gatherings is to reduce the risk of spreading the virus, noting that crowd gatherings are activities that pose risks to the lives and health of the participants and other people.

Organisers of these gatherings are liable to relevant legal responsibilities, including criminal liability, it added.