A man was fined $8,000 by the Kowloon City Magistrates' Courts today for breaching regulations under the Vaccine Pass’ red code function. It is the first court conviction for such a violation since the red code was introduced.

The 18-year-old was notified of his positive COVID-19 test result on August 30. However, during the period when a red code was displayed in his Vaccine Pass, he left his residence, took public transport and attempted to enter a catering premise under the pass on September 3.

He was charged with contravening section 32(1) and 32(3) of the Prevention & Control of Disease Regulation, incurring an $8,000 fine.

Under the regulation, people shall not, knowing that they have acquired a specified infectious disease, expose others to infection risk by their presence or conduct in any public conveyance or any street, public place, place of entertainment or assembly, club or hotel. A breach of the regulation constitues a criminal offence and offenders are subject to a maximum fine of $10,000 and imprisonment for six months.

In addition, red code holders who go to catering premises or specified premises under the Prevention & Control of Disease (Requirements & Directions) (Business & Premises) Regulation commit an offence and are subject to a maximum fine of $10,000.

The Department of Health said the sentence sends a clear message to the community that it is a criminal offence to expose the public to infection by leaving the designated place of isolation without permission during the period of confirmed COVID-19 infection.

It will co-operate with other departments to stringently follow up on non-compliant cases and will consider prosecution based on investigation results and evidence.

The Government said it will not tolerate violations and again reminded the public to comply with the relevant regulations.