New bill: Deputy Secretary for Food & Health Patrick Nip and Centre for Health Protection Controller Dr Thomas Tsang brief the media on the Prevention & Control of Disease Bill.

The Food & Health Bureau will table the Prevention & Control of Disease Bill at the Legislative Council December 19 to replace the 70-year-old Quarantine & Prevention of Disease Ordinance.

The Chief Executive in Council has approved the bill's introduction to update the local legal framework for the prevention and control of disease and to bring local laws in line with the World Health Organisation International Health Regulations (IHR) (2005) requirements which have been in force since June 15.

Deputy Secretary for Food & Health Patrick Nip said today Hong Kong should be able to meet the basic IHR(2005) requirements under the existing law. However, Hong Kong needs to update the legal framework to strengthen disease monitoring and impose control measures on cross-boundary conveyances, points of entry and travellers to ensure compliance with IHR(2005), especially during disease outbreaks.

Enhanced surveillance

The bill provides for the implementation of robust routine measures and the establishment of effective surveillance systems to ensure timely detection of diseases and contamination at boundary control points.

It also enables the timely implementation of control measures to prevent cross-boundary spread of disease, and WHO recommendation updates. It will strengthen Hong Kong's disease control structure by clarifying health officers' legal powers and expand the notifiable disease list.

"Following the principles of IHR(2005) we will ensure measures implemented for preventing cross-boundary spread of disease will cause minimal interference with international traffic and trade, personal properties, freedom and rights," Mr Nip said.

Main proposals

Major legislative proposals are:

* with the Director of Health's approval, to provide that a health officer may seize any article believed to be an infectious agent or containing an infectious agent;

* to provide that the Director of Health may order just and equitable compensation to be paid for any article that is damaged, destroyed or seized under the bill;

* to provide for a list of 45 infectious diseases and a list of 31 infectious agents that are to be controlled by the bill;

* to empower the Secretary for Food & Health to make regulations for the prevention and spread of any disease and contamination;

* to empower the Director of Health to prescribe by gazetting an order any measure to be applied in the light of any temporary recommendation by the WHO; and,

* to empower the Chief Executive in Council to make public health emergency regulation to prevent, combat or alleviate the effects of a public health emergency and to protect public health.

Emergency preparedness

When a public health emergency exists the Chief Executive in Council can use Prevention & Control of Disease (Public Health Emergency) Regulation for combating and controlling the situation.

The regulation:

* empowers the Government to access and disclose information to the public relating to the state of public health emergency to protect public health;

* empowers the Government to requisition private property with compensation; and,

* enables the temporary appointment of qualified but unregistered healthcare personnel to perform duties as prescribed by the Director of Health.

Mr Nip said any such decisions will only be made and powers exercised in very exceptional circumstances, adding these provisions are essential to ensure public health measures can be effectively carried out in emergencies.

Subsidiary legislation

He said the bill only contains fundamental and enabling provisions. Provisions that are operational in nature will be included in a new subsidiary legislation, the Prevention & Control of Disease Regulation, to be made by the Secretary for Food & Health after the bill's enactment.

Centre for Health Protection Controller Dr Thomas Tsang said the regulation will provide a holistic plan of measures for the prevention, surveillance and control of infectious diseases and cross-boundary spread of disease in respect of Hong Kong residents, travellers, goods and cross-boundary conveyances. 

The measures include:

* updating and expanding the list of notifiable diseases;

* requiring the notification of release of controlled infectious agents;

* empowering the Director of Health to require surrender of controlled infectious agents for proper disposal to prevent disease spread, or for gathering information;

* subjecting travellers to medical examinations or tests;

* prohibiting the exit of contacts of, or people infected with, SARS, avian flu or extensively drug-resistant tuberculosis;

* prohibiting the exit of travellers on the WHO's temporary recommendation;

* placing sick people, contacts and carriers under isolation or quarantine or medical surveillance; and,

* isolating points of entry or cross-boundary conveyances.

Dr Tsang said travellers from infected places may be required to produce a health declaration or vaccination certificate.

The bill will be gazetted December 7.