QUARANTINE AND PREVENTION OF DISEASE ORDINANCE
Title
QUARANTINE AND PREVENTION OF DISEASE ORDINANCE
Description
LAWS OF HONG KONG
QUARANTINE AND PREVENTION OF DISEASE ORDINANCE
CHAPTER 141
CHAPTER 141
QUARANTINE AND PREVENTION OF DISEASE ORDINANCE
ARRANGEMENT OF SECTIONS
Section .................................. Page
1.Short title.......................... ... ... ... ... ... ... ... 5
PART I
GENERAL
Interpretation
2.Interpretation .................. ... ... ... ... ... ... ... ... ... 5
3.Duration of period of incubation ... ... ... ... ... ... ... ... ... 9
4.Conditions of release from isolation of persons liable to be subjected to
surveillance ............................. ... ... ... ... ... ... ... 9
5.Conditions of release from isolation of contacts ... ... ... ... ... ... 10
6.Substitution of isolation for surveillance ... ... ... .... ... ... ... 10
7.Escape or evasion ............... ... ... ... ... ... ... ... ... ... 11
Power to Make Regulations
8.Power to make regulations ... ... ... ... ... ... ... ... ............ 11
Offences and Penalties, etc.
9.Offences generally .............. ... ... ... ... ... ... ... ... ... 14
10.Penalty .............................. ... ... ... ... ... ... ... ... 14
11.Increased penalty for second or subsequent offence ... ... ... ... ... 14
12.Arrest ............................... ... ... ... ... ... ... .. ... .. 14
13.Forfeitures .......................... ... ... ... ... ... ... .. .... .. 15
14.Presumption of knowledge .... ... ... ... ... ... ... ... ... ... ... 15
15.Measures under general direction of Director ... ... ... ... ... ... ... 15
16.Power to requisition vehicles temporarily ... ... ... ... ... . ... ... 15
17.Compensation ........................... ... ... ... ... ... ... ... ... 15
18.Limitation of liability ....... ... ... ... ... ... ... ... .. ... ... 15
Section Page
PART II
THE PREVENTION OF THE INTRODUCTION OF DISEASE
General
19.Import of human remains, noxious insects and pests ... ... ... ... ... 16
20.Infected port to be certified ... ... ... ... ... ... ... ... ... ... ... 16
21.Medical inspection or examination of arrivals from infected places or ports
otherwise than by sea .................... ... ... ... ... ... ... ... 16
22.Any vessel or aircraft may be visited by health officer ... ... ... ... ... 16
23.Vessels which are to show quarantine signal . ... ... ... ... ... ... ... 17
24.Vessels which are required to proceed to quarantine anchorage ... ... ... ... 17
25.Quarantine anchorage determined by Director of Marine ... ... ... ... 18
26.No communication allowed with certain vessels ... ... .... ... ... ... 18
27.Pilot may board vessel showing quarantine signal ... ... ... ... ... ... is
28.Prohibition of landing passengers from certain vessels before inspection ... ... 18
29.Duty of guard of train to report cases of infection ... ... ... ... ... ... 18
30.Restriction on landing or departure of certain aircraft ... ... ... ... ... 19
31.Health officer to inspect certain vessels ... ... ... ... ... ... ... ... 19
32.Declaration by master and surgeon ... ... ... ... ... ... ... ... ... 19
33.Vessel or aircraft to be dealt with according to provisions of this Ordinance ... 20
34.Penalties for preventing health officer inspecting vessel or aircraft ... ... ... 20
35.Signals to be shown by certain vessels ... ... ... ... ... ... ... ... 20
36.Power of police to restrict movements of persons or things to and from certain
vessels .................................. ... ... ... ... ... ... ... 21
37.Power of health officer as to passengers on board vessels under isolation 21
38.Power of detention of infected persons desirous of landing ... ... ... ... 21
39.Power of health officer with regard to disposal of infectious corpse ... ... 21
40.Trespasser on quarantine station may be detained ... ... ... ... ... ... 21
41. Costs incurred by Government may be recovered from owners or agents ... ... 21
42................Police to furnish assistance ... ... ... ... ... ... ... ... ... ... ... 22
43................Exemption of postal matter ... ... ... ... ... ... ... ... ... ... ... 22
44. Duty of medical practitioner and master when a case of infectious disease
discovered on board vessel or aircraft ... ... ... ... ... ... ... ... 22
45..................................Duly of master in case of sickness where no surgeon is carried ... ... ... 22
46......................................Internal management of vessels or aircraft of war not to be interfered with ... 22
Section Page
Plague Precautionary Measures
47. Plague precautionary measures in case of infected vessels or aircraft ... ... 23
48. Provisions relating to discharge of cargo ... ... ... ... ... ... ... ... 23
49. Certain articles not to be discharged until disinfected ... ... ... ... ... ... 24
50. Plague precautionary measures in case of suspected vessels or aircraft ... ... ... 24
51. Uninfected or healthy vessels or aircraft coming from an infected port ... ... ... 24
52. Pratique, ... ... ... ... ... ... ... ... ... .. ... ... ... ... ... ... 24
53. Deratting of vessels ... ... ... ... ... ... ... ... ... ... ... ... ... 24
Cholera Precautionary Measures
54. Cholera precautionary measures in case of infected vessels and aircraft ... 25
55. Cholera precautionary measures in case of suspected vessels and aircraft ... 26
56. Effect of bacteriological examinations ... ... ... ... ... ... ... ... 26
57. Lesser precautionary measures in case of certain vessels and aircraft ... ... 26
58. Precautionary measures in respect of certain foodstuffs ... ... ... ... ... 26
59. Stool examination ............... ... ... ... ... ... ... ... ... ... ... 27
60. Cases clinically cholera to be classed as cholera ... ... ... ... ... ... 27
Smallpox Precautionary Measures
61. Smallpox precautionary measures in the case of infected vessels or aircraft ... 27
62. Smallpox precautionary measures in the case of contact vessels or aircraft ... 27
63. Power to require evidence of protection against smallpox in certain cases ... 28
64. Power of the Governor to declare that the Colony is infected and action consequen-
tial upon such declaration ............... ... ... ... ... ... ... ... 28
Typhus and Relapsing Fever Precautionary Measures
65. Typhus and relapsing fever precautionary measures in case of infected vessels or
aircraft ................................. ... ... ... ... ... ... ... 29
Yellow Fever Precautionary Measures
66. Yellow fever precautionary measures in case of infected vessels or aircraft ... 30
67. In case of suspected vessels or aircraft ... ... ... ... ... ... ... ... 30
68. Vessels or aircraft regarded uninfected, in certain cases ... ... ... ... ... 30
Section..................................... Page
Other Infectious Diseases, Precautionary Measures
69. Precautionary measures with regard to vessels or aircraft infected with certain
diseases ................................ ... ... ... ... ... ... ... 31
Insanitary and Overcrowded Vessels
70. Measures with regard to nuisances and insanitary conditions on board vessel or
aircraft ................................. ... ... ... ... ... ... ... 31
71. Vessels with filthy passengers or in an overcrowded state to go to quarantine
anchorage ................................ ... ... ... ... ... ... ... 32
72. Amendment of Schedules ...... ... ... ... ... ... ... ... ... ... ... 32
First Schedule. Infectious diseases ... ... ... ... ... ... ... 32
Second Schedule. Forms......... ... ... ... ... ... ... ... ... 33
CHAPTER 141
QUARANTINE AND PREVENTION OF DISEASE
To amend and consolidate the law relating to quarantine and the
prevention of disease among human beings.
[1 February 1936.]
1. This Ordinance may be cited as the Quarantine and Prevention
of Disease Ordinance.
PART 1
GENERAL
Interpretation
2. (1) In this Ordinance, unless the context otherwise requires
'aerodrome' means a place set apart for the arrival and departure of
aircraft and includes a place for the alighting of hydroplanes (and
similar craft) on water. Whatever relates in this Ordinance to
aerodromes is to be understood to apply mutatis mutandis to
places for the alighting of hydroplanes (and similar craft) on water;
'aircraft' includes any machine which can derive support in the
atmosphere from the reactions of the air and is intended for aerial
navigation;
'authorized aerodrome' means any aerodrome declared by the
Governor in Council by notification in the Gazette to be an
authorized aerodrome on which aircraft may make their first landing
on entering the Colony and which they may make their place of
departure on leaving the Colony;
'building' includes any house, hut, shed or roofed enclosure, whether
needed for the purpose of human habitation or otherwise, and also
any wall, gate, post, pillar, paling, frame, hoarding, slip, dock,
wharf, pier, jetty, landing stage or bridge;
'cholera' includes enteritis choleriformis EI Tor; (Added, 8 of 1962,s. 2)
'contact' means any person who has been or is likely to have been
exposed to the risk of contracting an infectious disease;
'crew' includes any person who is on board any vessel or aircraft not
for the mere purpose of being carried from one place to another,
but who is employed in some way in the service of the vessel or
aircraft or of persons on board or of the cargo;
'day' means an interval of 24 hours;
'delouse' means to render free from lice;
'derat' means to render free from rodents; (Amended, 38 of 1955, s. 2)
'Director' means the Director of Medical and Health Services;
'disinfect' means to destroy or remove the germs of disease;
'disinsect' means to render free from insects; (Amended, 38 of 1955, s.
2)
'health officer' includes the Director, any medical officer appointed by
the Governor as a health officer or port health officer, and any
officer for the time being performing the duties of a health officer
or port health officer;
'immigrant' includes
(a)any person arriving in the waters of the Colony as a deck,
steerage or third class passenger on board a steamship or
motor ship or as a passenger on board any other vessel with
the intention of landing in the Colony;
(b)a third class passenger who enters the Colony by train;
'infected' means infected with the germs of infectious disease;
'infected area' means any area which has been certified by the Director
to be an infected area from the date of the certificate until the date
of the cancellation thereof, (Replaced, 38 of 1955,s. 4)
'infected place' or 'infected port' means any place or port which has
been certified by the Director to be an infected place or port from
the date of the certificate until the date of the cancellation thereof,
(Replaced, 38 of 1955, s. 4)
'infectious disease' means any disease specified in the First Schedule;
(Replaced, 17 of 1974, s. 2)
'isolation' means the compulsory detention in isolation for the purpose
of and under the provisions of this Ordinance and the regulations
made thereunder of any vessel, person, animal or thing, so that it or
they shall have no communication with any
other vessel, person, animal or thing or with any other place except
in accordance with the said Ordinance and regulations; (Amended,
38 of 1955, s. 2)
'port' includes sea-port, river-port and air-port;
'premises' includes any land, building, structure of any kind, footway,
yard, alley, court, garden, stream, nullah pond, pool, field, marsh,
drain, ditch or place open, covered or enclosed, or cesspool or
foreshore, and also any vessel lying within the waters of the
Colony;
'quarantine anchorage' means that area of the harbour which has been
appointed for the time being for the detention in isolation of
vessels undergoing isolation and which has been declared a
quarantine anchorage by Ordinance or by the Governor in Council;
(Amended, 38 of 1955, s. 2)
'quarantinable disease' means any of the following diseases, namely,
plague, cholera, yellow fever, typhus, smallpox and relapsing fever;
(Added, 38 of 1955, s. 4)
'quarantine station' means any place where isolation is carried out and
includes an infectious diseases hospital and any place declared by
the Governor in Council to be a quarantine station or a sanitary
station; (Amended, 38 of 1955, s. 2)
'relapsing fever' means louse-borne relapsing fever; (Added, 38 of
1955, s. 4)
'sanitary aerodrome' means an authorized aerodrome declared by the
Governor in Council to be a sanitary aerodrome after being
satisfied that it will at all times have at its disposal--
(a)an organized medical service with one medical officer at least
and one or more health inspectors, it being understood that
this staff will not necessarily be in permanent attendance at
the aerodrome;
(b)a place for medical inspection;
(c)equipment for taking and dispatching suspected material for
examination in a laboratory;
(d)facilities in the case of necessity for isolation, transport and
care of the sick, for the isolation of contacts separately from
the sick and for carrying out other prophylactic measures in
suitable premises either within the aerodrome or in proximity
to it;
(e)apparatus necessary for carrying out disinfection,
disinsecting and deratting if required, as well as any other
measures laid down in the International Sanitary Convention
for Aerial Navigation, signed at the Hague on 12 April 1933;
(Amended, 38 of 1955, s. 2)
(f)a sufficient supply of wholesome drinking water;
(g)a proper and safe system for the disposal of excreta and
refuse, and for the removal of waste water; and
(h)protection, as far as possible, from rodents; (Amended,
38 of 1955, s. 2)
'surveillance' means that persons subject thereto are not isolated,
and that they may move about freely on condition that they
sign a bond pledging themselves to submit to medical examina-
tion daily or as often as may be required by the health
authorities of the several places whither they are bound, such
authorities being notified by the health officer of the advent of
the persons in question and of the conditions under which they
have been given their freedom;
'typhus' means louse-borne typhus; (Added, 38 of 1955, s. 4)
'vessel' includes any ship, boat or other description of vessel used in
navigation.
(2)A vessel or aircraft shall be regarded as 'infected'-
(a)in respect of plague-
(i) if it has a case of human plague on board;
(ii) if a case of human plague broke out on board more
than 6 days after embarkation of the person affected;
or (Amended, 38 of 1955, s. 5)
(iii) if plague-infected rodents are found on board;
(Amended, 38 of 1955, s. 2)
(b)in respect of cholera-
(i) if there is a case of cholera on board; or
(ii) if there has been a case on board during the 5 days
previous to the arrival of the vessel;
(c)in respect of yellow fever-
(i) if there is a case of yellow fever on board; or
(ii) if there was a case on board at the time of departure
or during the voyage;
(d)in respect of smallpox-
(i) if there is a case of smallpox on board; or
(ii) if there has been a case of smallpox on board during
the voyage;
(e)in respect of typhus-
(i) if there is a case of typhus on board; or
(ii) if there has been a case of typhus on board within
the preceding 14 days previous to arrival;
(f) in respect of relapsing fever
(i) if there is a case of relapsing fever on board; or
(ii) if there has been a case of relapsing fever on board
during the 8 days previous to arrival. (Added, 38 of 1955, s. 5)
(3) A vessel or aircraft shall be regarded as 'suspected'
(a) in respect of plague
(i) if a case of human plague broke out on board in the first
6 days after embarkation of the person affected; or (Amended,
38 of 1955, s. 6)
(ii) if there has been an unusual mortality on board among
redents the cause of which has not been determined;
(Amended, 38 of 1955, s. 2)
(b) in respect of cholera
(i) if there has been a case of cholera on board at the time of
departure or during the voyage, but no fresh case during the 5
days previous to arrival; or
(ii) if a case of cholera has occurred on board an aircraft
during the voyage but the case has previously been
disembarked; (Replaced, 38 of 1955, s. 6)
(c) in respect of yellow fever
(i) if having had no case of yellow fever on board it arrives
after a voyage of less than 6 days from an infected port or
from a yellow fever endemic zone or there is reason to believe
that it may carry Aedes aegypti from any such port; or
(ii) if arriving within 30 days of leaving an infected port or a
yellow fever endemic zone a health officer finds Aedes
aegypti on board. (Replaced, 38 of 1955, s. 6)
3. The period of incubation for the purposes of this Ordinance shall
be 5 days in the case of cholera, 6 days in the case of plague or yellow
fever, 14 days in the case of typhus, 14 days in the case of smallpox, and
8 days in the case of relapsing fever.
(Amended, 38 of 1955, s. 7)
4. (1) Any person liable to be subjected to surveillance shall, as a
condition of being exempted from isolation, give a written undertaking
to a health officer to attend and submit to daily examination at such
place and at such time as such health officer shall appoint. (Amended,
38 of 1955, s. 2)
(2) The undertaking shall be in the form in the Second Schedule, or
in its equivalent in Chinese characters. (Amended, 17 of 1974, s. 3)
(3) Every failure to comply with the terms of any such undertaking
shall be deemed an offence.
(4) A health officer at his discretion may require the person giving
the undertaking to furnish security in a sum not exceeding $400 for the
due execution of the undertaking. (Amended, 38 of 1955, s. 8)
5. (1) A health officer may require that any contact liable to be
detained under isolation shall, as a condition of being released
therefrom for the period for which he is so liable, give a written
undertaking- (Amended, 38 of 1955, s. 2)
(a)to attend and submit daily to examination at such place and at
such time as such health officer may appoint; and
(b)to submit to surveillance at a private residence under such
conditions as such health officer may impose.
(2) The undertaking shall be in the form in the Second Schedule, or
in its equivalent in Chinese characters. (Amended, 17 of 1974, s. 3)
(3) Every failure to comply with the terms of any such undertaking
shall be deemed an offence.
(4) A health officer at his discretion may require the person giving
the undertaking to furnish security for the due execution of the
undertaking
(a) by a cash deposit in a sum not exceeding $400; or
(b)by the provision of a guarantor who shall sign a bond
conditioned for the payment of a similar sum to the Treasury in
the event of a breach of such undertaking. Such bond shall be
in a standard form approved by the Director and such
guarantor shall be so approved, shall be a resident of the
Colony, and may be a justice of the peace, a member of a
consulate staff, a principal of a firm which is a member of 'The
Hong Kong General Chamber of Commerce' or 'The Chinese
General Chamber of Commerce a permanent Government
servant, or a member of a profession to which registration is
applied in the Colony. (Replaced, 24 of 1950, Schedule)
6. In all cases where this Ordinance refers to 'surveillance' a health
officer may substitute isolation when the persons in question do not
offer sufficient security that they will faithfully observe all the
conditions of the undertaking which those who are granted surveillance
are required to give. Such isolation may be carried out on board ship or
in a quarantine station according to the exigencies of the case.
(Amended, 38 of 1955, s. 2)
7. (1) Any person who is authorized to be detained under
this Ordinance or any regulation made thereunder may in case of
escape be arrested by-
(a)any officer or servant of the hospital, reception place,
isolated house or quarantine station from which the escape
was made;
(b) any officer appointed under this Ordinance; or
(c) any police officer,
and may be again conveyed to and detained in the place from which
the escape was made or any other place authorized by a health
officer.
(2) Any person who being subject to surveillance under this
Ordinance or any regulation made thereunder fails to present
himself for examination or to observe any term of his undertaking
may be similarly arrested and detained to the satisfaction of a health
officer.
(3) Any person who having been authorized to be detained
escapes or attempts to escape shall be guilty of an offence.
Power to Make Regulations
8. (1) The Governor in Council may make regulations for
the purpose of preventing the introduction into, the spread in and
the transmission from, the Colony of any disease.
(2) Without prejudice to the generality of the provisions of
subsection (1) such regulations may provide for-
(a)appointment of health officers, inspectors and other
officers to carry out the provisions of this Ordinance or of
any regulations made thereunder, and for regulating their
duties and conduct and for investing them with all powers
necessary for the due execution of their duties;
(b)reporting to Government by medical practitioners or
others of cases of disease;
(c)the form and mode of service of delivery of notices and
other documents;
(d)fees to be paid under this Ordinance;
(e)placing under isolation vessels and aircraft arriving or
being at any port or place within the Colony or the waters
of the Colony, and their management while under isola-
tion, and granting certificates of the condition of vessels
and aircraft or of the Colony or any part thereof in respect
of disease; (Amended, 38 of 1955, s. 2)
(f)deratting of vessels or aircraft; (Amended, 38 of 1955,
s. 2)
(g)disinfection and disinsecting of vessels, aircraft, persons,
animals and things; (Amended, 38 of 1955, s. 2)
(h)prohibiting either absolutely or conditionally, or for regulating,
the importation, exportation or removal in the Colony of dead
bodies;
(i) prohibiting or regulating-
(i) the admission of persons into or their movements within
the Colony or their departure therefrom either absolutely or
conditionally;
(ii) importation of merchandise, food and drink;
(j)establishing and maintaining quarantine stations for persons
and for regulating the management of the same;
(k)detention and seclusion in a quarantine station or on board of
persons, whether actually suffering from disease or not,
arriving on vessels or aircraft subject to isolation, and for the
payment to Government of any costs and expenses charged or
incurred for the medical attendance and maintenance of any
such persons; (Amended, 38 of 1955,s.2)
(l)measures to be taken for the prevention of the conveyance of
infection by means of any vessel or otherwise from any area or
port of the Colony, including
(i) measures that shall be applied to vessels or aircraft
before departure;
(ii) measures that shall be taken to prevent the departure of
persons infected with or suspected of being infected with
plague, cholera, yellow fever, typhus or smallpox, and of
persons in such relation with the sick as to be rendered liable
to transmit the infection of these diseases;
(iii) measures that shall be applied with respect to
merchandise, articles or clothing infected or suspected of
being infected;
(iv) prohibition either absolutely or conditionally of the
export of merchandise, or of articles or clothing infected or
suspected of being infected;
(v) precautions with regard to drinking water and
foodstuffs taken on board vessels, aircraft or trains and the
water taken in as ballast by vessels;
(vi) measures for the prevention of access of mosquitoes to
vessels or aircraft in the case of the prevalence of yellow
fever;
(vii) measures for delousing typhus suspects before
embarkation; and
(viii) measures for the disinfection of clothes and rags
before packing where smallpox is prevalent;
(m)appointing, establishing and maintaining places for the
sanitary control of aerial navigation and for prescribing
the sanitary measures to be taken in respect thereof,
(n)the liability of any person to defray the expenses connected
with the enforcement of this Ordinance or any regulation
made thereunder, and for regulating questions of compen-
sation in connexion therewith; and
(o)the fine with which the contravention of any regulation
made under this Ordinance shall be punishable, but so that
no such fine shall exceed $2,000. (Amended, 38 of 1955,
S. 9)
(3) Without prejudice to the generality of the provisions of
subsection (1) and for the prevention of any epidemic, endemic,
contagious or communicable disease, such regulations may also
provide for-
(a) compulsory reporting of infectious disease;
(b)entering and searching houses, buildings, rooms and other
places in which the presence of diseased persons or persons
dead of disease or contacts may be suspected and for the
examination of the occupants;
(e)prohibiting or regulating the movements of diseased
persons or of persons suspected of being diseased or of
contacts;
(d)removal of diseased persons or persons suspected of being
diseased to hospital or other places for medical treatment,
and for their detention until they can be discharged with
safety to the public, and for the temporary occupation of
places required for the treatment of diseased persons or for
the segregation of diseased persons or contacts;
(e)prohibiting or regulating the removal of bedding, clothing,
furniture or other articles which have been in the presence
of a diseased person and which are reasonably suspected of
being infected, and for the disinfection or destruction of
the same;
(f)ordering the vaccination of persons, and ordering or ex-
ecuting the cleansing and disinfection of, houses, buildings,
rooms and other places which have been occupied by any
diseased person, or which are suspected of being infected
with disease, or which are overcrowded or otherwise in an
insanitary condition; (Amended, 38 of 1955, s. 9)
(g) house to house visitation, cleansing and disinfection;
(h)the better prevention of the danger of the spreading of
infection by rodents by destroying them or minimizing
their numbers, and for the prevention of the passing of
rodents from the shore to vessels and aircraft and vice
versa;(Amended, 38 of 1955, s. 2)
(i)the disinfection and disinsecting and purification of
infected vehicles; (Amended, 38 of 1955, s. 9)
(j)the examination of the bodies of dead persons and the
certification of the cause of death in cases where the cause
has not been certified by a qualified medical practitioner or
where there is reason to suspect that the diagnosis made is
not correct;
(k)the speedy and safe disposal of the dead; and
(l)such other matters as may appear to the Governor in
Council advisable for the prevention or mitigation of
disease.
Offences and Penalties, etc.
9. If any person without lawful authority or excuse does or
omits to do anything which, under the provisions of this Ordinance
or any regulation made thereunder, he ought not to do or omit, or if
he obstructs or impedes, or assists in obstructing or impeding, any
health officer or other officer appointed under this Ordinance or any
police officer in the execution of his duty or disobeys any lawful
order of any such officer as aforesaid, he shall be guilty of an offence
against this Ordinance.
10. If any person is guilty of an offence against this Ordinance
or any regulation made thereunder for which no other penalty is
provided, he shall be liable on summary conviction to a fine of $500,
and, if such offence be of a continuing nature, to a further fine of $50
for every day during which such offence shall continue.
(Amended, 22 of 1950, Schedule)
11. A person convicted of any offence against this Ordinance
or any regulation made thereunder who is within a period of 12
months from the date of such conviction convicted of a second or
subsequent like offence against this Ordinance or any regulation
made thereunder shall be liable to imprisonment for 2 months either
in addition to or in lieu of the fine authorized by section 10.
12. (1) When a person is seen or found committing or is
reasonably suspected of being engaged in committing an offence
against this Ordinance or any regulation made thereunder, any
health officer or police officer may, without warrant, stop and detain
him, and if his name and address are not known may arrest him.
(2) If any person obstructs or impedes a health officer or other
officer appointed under this Ordinance or any police officer in the
execution of his duty under this Ordinance or any regulation made
thereunder, or assists in any such obstruction or impeding, he may
be arrested by such health officer or other officer or police officer
without warrant.
(3) Nothing in this section shall take away or abridge any
power or authority that a police officer would have had if this section
had not been enacted.
13. If any person lands or attempts to land or otherwise brings
into the Colony any animal or thing in contravention of this
Ordinance or of any regulation made thereunder, such animal or
thing shall be liable to be forfeited:
Provided that this section shall not apply to landing or bringing
into a quarantine station any animal or thing under the instructions
of a health officer.
14. When any occupant of a house in which a case of disease
occurs, or any person in charge of a diseased person, is charged with
an offence against this Ordinance or any regulation made there-
under, relative to such disease, he shall be presumed to have known
of the existence of such disease in such person unless and until he
shows to the magistrate before whom he is charged that he had not
such knowledge and could not with reasonable diligence have
obtained such knowledge.
15. The execution of the measures prescribed by this Ordin-
ance and the regulations made thereunder shall be carried out under
the general direction of the Director.
16. Where on any occasion it appears to the Director necessary
for the carrying out of any of the provisions of this Ordinance,
he may in writing authorize any health officer to requisition tem-
porarily any vehicle or vessel for such period as in the opinion of the
health officer is necessary for the carrying out on that occasion of
such provision.
(Added, 38 of 1955, s. 10)
17. (1) Where either-
(a) any vehicle or vessel is requisitioned under section 16; or
(b)any article is destroyed under the provisions of this Ordin-
ance for the purpose of preventing the spread of an
infectious disease,
the Director may order that compensation be paid.
(2) Any dispute as to the amount of compensation shall, in
default of agreement, be determined by arbitration in accordance
with the provisions of the Arbitration Ordinance.
(Added, 38 of 1955, s. 10)
18. No matter or thing done by any health officer or by any
public officer acting under his direction shall, if it were done bona
fide for the purpose of executing this Ordinance, subject him or such
public officer personally to any action, liability, claim or demand
whatsoever:
Provided that nothing herein contained shall exempt any person
from any proceeding by way of mandamus, injunction, prohibition or
other order.
(Added, 38 of 1955, s. 10)
PART II
THE PREVENTION OF THE INTRODUCTION OF DISEASE
General
19. (1) No person shall knowingly import into the Colony any
human corpse, human remains, living noxious insect, living pest, any
living germ or microbe of disease or any bacterial culture without a
permit in writing from the Director.
(2) The Director may endorse on such permit such conditions as
he deems fit.
(3) Any person who contravenes or fails to comply with any
condition on such a permit shall be guilty of an offence.
(Replaced, 38 of 1955, s. 11)
20. Whenever information is received that any quarantinable
disease has broken out, or exists, or is reasonably suspected to exist at
any place or port the Director may certify that such place or port is an
infected place or infected port for the purposes of this Ordinance, and
may publish in the Gazette the measures intended to be taken against
such infected place or infected port under this Ordinance.
(Replaced, 38 of 1955, s. 12)
21. (1) All persons coming from an infected place or port otherwise
than by sea or air may be medically inspected or examined by a health
officer.
(2) The inspection or examination shall be conducted at such place
as the Director shall approve.
(3) In the case of persons arriving by rail the railway authorities
shall allow sufficient time and make due arrangements for the
examination to take place.
22. (1) Any vessel or aircraft arriving in the Colony may be visited
by a health officer, who may exercise all or any of the powers vested in
him by section 3 1, and shall deal with the vessel or aircraft in the
manner prescribed by or under this Ordinance.
(2) Every master of such vessel or aircraft shall allow and assist on
board without delay a health officer as soon as he comes alongside.
(3) The master or any other person having the control of any vessel
or aircraft shall give to a health officer, officer in charge of aerodrome or
boarding officer such information about the vessel or aircraft and the
voyage and the health of the crew and passengers and otherwise as the
officer may require and shall answer truly and fully all the questions put
to him by any such officer.
(4) Any vessel refusing to submit to the measures prescribed by or
under this Ordinance shall be at liberty to put to sea. She may however
be permitted by a health officer to land goods if she is isolated and if the
goods are subjected to the measures laid down in paragraph (d) in each
case of sections 47, 54, 61 and 65. She may also be authorized by him to
disembark passengers at their request on condition that they submit to
the measures prescribed by or under this Ordinance. The vessel may
also take on fuel, foodstuffs and water.
(5) Subject to the provisions of section 66, any aircraft which does
not wish to submit to the measures prescribed by or under this
Ordinance is at liberty to continue its voyage. It may not however land
in any other aerodrome in the Colony except for the purpose of taking in
supplies. It may be permitted by a health officer to land goods on
condition that it is isolated and that the goods are subjected, if
necessary, to the measures prescribed by or under this Ordinance. It
may also take in fuel, replacements, food and water while remaining in
isolation.
23. (1) Every vessel on entering the waters of the Colony shall
show the appropriate quarantine signal as prescribed by section 35, and
shall not communicate with the shore until granted pratique by the
express written order of a health officer:
Provided nevertheless that any such vessel, which is on a voyage
to any other place and which has held no unauthorized communication
with the shore, may with the written consent of a health officer proceed
on such voyage or tranship the passengers for the purpose of
completing such voyage. (Amended, 38 of 1955, s. 13)
(2) The aforesaid quarantine signal shall not be lowered until a
health officer has given free pratique.
24. Every vessel shall, unless previously granted pratique, proceed
at once to the quarantine anchorage and shall not remove therefrom,
except from stress of weather, until released by order of a health officer.
No vessel which is compelled to leave the quarantine anchorage from
stress of weather shall communicate except by signals with the shore or
with any other vessel, and such vessel shall return to the quarantine
anchorage immediately such stress of weather has subsided:
Provided that in case of stress of weather involving probable
actual danger to the vessel the vessel may remove for a time, but
shall be deemed nevertheless for all purposes to be subject to all
other regulations applicable to such vessels.
(Amended, 54 of 1936, s. 4 and 38 of 1955, s. 14)
25. The master of every vessel shall remove his vessel to any
part of the quarantine anchorage as and when required by the
Director of Marine.
26. Subject to the provisions of section 27, no person other
than a health officer, or persons in his boat, shall approach within 30
yards of any vessel showing the quarantine signal, or hold any
communication except by signals with such vessel or with any
person on board thereof, or receive or take any person or thing
whatsoever, directly or indirectly, from the vessel or from any
person on board thereof without having first received the express
written permission of such health officer, and without observing
such precautions as he may require.
(Amended, 38 of 1955, s. 15)
27. The pilot may board a vessel which is an infected or
suspected vessel with respect to any quarantinable disease for the
purpose of taking it to the quarantine anchorage. In no case shall
any member of his crew or other person board the vessel unless
authorized by a health officer.
(Amended, 38 of 1955, s. 16)
28. (1) No master of any vessel or aircraft shall land or permit
to land or to be landed from his vessel or aircraft any passengers
until they have been inspected and passed by a health officer, and a
master shall afford all reasonable facilities for enabling such inspec-
tion to be duly carried out.
(2) The master of any vessel or aircraft shall report to a health
officer any case of infectious disease which he knows to exist, or to
have existed during the voyage, on his vessel or aircraft.
(3)(a) Except with the permit in writing from a health officer
no master of any vessel or aircraft shall land or permit to
land or to be landed from his vessel or aircraft any person
whom he knows to be suffering from an infectious disease.
(b)Any master of a vessel or aircraft who lands or permits to
land or to be landed any such person without permission
shall, on demand from a health officer, forthwith remove
such person from the Colony.
(Replaced, 38 of 1955, s. 17)
29. (1) The guard of any train on which a case of any
quarantinable disease is present shall on arrival at the first station
report the facts to the station master, who shall telephone or
telegraph them to a health officer.(Amended, 38 of 1955, s. 18)
(2) The station master shall detain the carriage in which the sick
person is and all other occupants thereof for examination by a health
officer, and shall detach the carriage from the rest of the train and keep it
at the station until the examination has been made, or send the carriage
to another station at which the examination can be more expeditiously
carried out and from which the sick person and other persons may be
more easily conveyed to a hospital or place of isolation.
(3) Any person suffering or suspected to be suffering from any
such disease shall be removed to a hospital or place of isolation and
remain there until discharged by the officer in charge thereof.
(Amended, 38 of 1955, s. 2)
30. No infected or suspected aircraft, and no aircraft which has
come from an infected port and which has not been granted free
pratique in Hong Kong shall land at any place in the Colony other than
a sanitary aerodrome, and no such aircraft shall leave such sanitary
aerodrome until released by order of a health officer.
31. On the arrival of any vessel at the quarantine anchorage, a
health officer shall go on board and put to the master and surgeon, if
any, or to any other person on board such questions as he deems
necessary in order to ascertain the state of health of persons on board,
the sanitary condition of the ship and cargo and the sanitary conditions
of the port of departure or of intermediate ports touched at, and may
require the presence for inspection and examination of all persons on
board, and may inspect every part of the ship and demand to see the
journal or log book and all ship's papers.
(Amended, 38 of 1955, s.13)
32. (1) When required by a health officer, the master and surgeon
of every vessel shall make and sign a true declaration as to the number
of the crew and passengers, the presence or prevalence of infectious
disease on board or during the voyage, the number of deaths, and such
other particulars as may be required by such health officer. (Replaced,
54 of 1936, s. 5)
(2) When required by a health officer, the master of any aircraft
shall make and sign a true declaration as to the presence or prevalence
of an infectious disease on board or during the voyage, all particulars
regarding any disinsecting carried out before or during such voyage
and any other particulars as may be required by the health officer.
(Added, 38 of 1955, s. 19)
(3) Any such declaration purporting to be signed by the master
and surgeon shall be deemed to have been so signed, and any
information therein contained, which shall subsequently be found to be
untrue, shall render such master or surgeon liable on summary
conviction to a fine of $2,000 each and to imprisonment for
6 months.(Amended, 22 of 1950, Schedule)
(4) Any master or surgeon who fails to make and sign a declaration
as herein required, shall be liable on summary conviction to a fine of
$2,000. (Amended, 22 of 1950, Schedule)
33. A health officer, after making such an inquiry, inspection or
examination, shall deal with such vessel or aircraft as aforesaid and the
persons and things on board in the manner provided by this Ordinance
or by the regulations made thereunder. (Amended, 38 of 1955, s. 20)
34. Any master of a vessel or aircraft or other person on board
who
(a)prevents or attempts to prevent a health officer from going on
board such vessels or aircraft;
(b)conceals from a health officer the true state of the health of the
crew or passengers or other persons on board such vessel or
aircraft;
(c)refuses to answer or gives an untrue answer to any inquiry
made by a health officer under this Ordinance;
(d)fails to produce the journal or log and ship's papers of such
vessel or aircraft or any of them on demand of a health officer;
(e)fails to present the crew and passengers for inspection when
required to do so by a health officer;
prevents or attempts to prevent a health officer from
inspecting any part of the vessel or aircraft,
shall be liable on summary conviction to a fine of $2,000.
(Amended, 38 of 1955, s. 21)
35. Every vessel, which has not been granted free pratique in Hong
Kong, shall show whichever of the undermentioned signals is
appropriate until a health officer has given free pratique(Amended, 38 of
1955, s. 22)
(a) by day-
(i) the Flag Signal Q: meaning 'my ship is healthy and I
request free pratique';
(ii) the International Code Signal 'QQ.': meaning 'I require
health clearance'; or (Replaced, 43 of 1971, s. 2)
(iii) the International Code Signal 'Z.V.': meaning 'I
declare I have been in an infected area during the last 30
days'. (Replaced, 43 of 1971, s. 2)
The day signal shall be shown at the vessel's masthead
or where it can best be seen;
(b)by night, during the whole of the time between sunset and
sunrise, but only when the vessel is within the waters of the
Colony, a signal comprising a red light over a white light,
the lights being not more than 2 metres apart, and meaning
'I have not free pratique'. (Amended, L.N. 2185)
The night signal shall be shown at the vessel's peak or
other conspicuous place where it can best be seen.
36. The Commissioner of Police and any officer whom he may
appoint for the purpose may order any person leaving any vessel
referred to in section 35, or taking or sending any person or thing
whatsoever from such vessel, to remain in, or return to, such vessel
and may, with such necessary force as the case requires, compel
any person neglecting or refusing to observe such order to obey the
same.
37. Whenever a health officer shall so require, all passengers
on board any vessel which is an infected or suspected vessel with
respect to any quarantinable disease or so many as he may direct
shall be taken to a quarantine station and there kept and attended
to for such a time as he may deem proper before allowing them to
return on board the vessel or to be transferred to any other vessel
or to land in the Colony. The period of detention shall in no
case be greater than is permitted by this Ordinance or any regula-
tion made thereunder.
(Amended, 38 of 1955, s. 23)
38. A health officer may detain in a quarantine station, until
such time as the disease is no longer communicable to others, any
person desirous of landing in the Colony who on arrival is found to
be suffering from an infectious disease.
39. In the case of a vessel or aircraft in the waters of the
Colony having on board the body of any person who has died from
an infectious disease. the body shall be disposed of in such manner
as may be ordered by a health officer; and the master of the vessel
shall carry out such orders as such health officer may give him in
relation to the disposal of the body.
40. Any person entering or landing on a quarantine station
without permission may be detained and kept under isolation at his
own expense for such period not exceeding 14 days as a health officer
may deem proper.
(Amended, 38 of 1955, s. 2)
41. Any reasonable costs and expenses charged or incurred by
the Government for the vaccination, inoculation, removal, medical
attendance and maintenance of any person, whether on the ship's
articles or not who under this Ordinance or the regulations made
thereunder is removed to any hospital or place from any vessel or
aircraft for medical treatment or surveillance, or for the burial of
any person who may die on any vessel or aircraft, or who dies after
removal to hospital, or for the burial of any dead body found on
board any vessel or aircraft, or for the cleansing and disinfection of
any vessel or aircraft, or of the merchandise on board any vessel or
aircraft, or of any part of the vessel or aircraft or of the merchandise,
including the hire of the necessary labour, boats, junks and disinfect-
ing appliances, shall be paid to the Government by the owners or
agents of the vessel or the aircraft. (Amended, 17 of 1974, s. 4)
42. The Commissioner of Police shall furnish such police
assistance as any health officer may require for the purpose of
enabling him to exercise the powers vested in him by this Ordinance
or the regulations made thereunder and to deal with vessels and
aircraft and persons and things on board thereof in the manner
prescribed by this Ordinance.
43. Nothing in this Ordinance or the regulations made there-
under shall render liable to detention, disinfection or destruction any
articles being part of any mails conveyed under the authority of the
postal administration of any country, except in the case of such
importation as is prohibited under section 19.
44. (1) Should the surgeon of, or any medical practitioner
visiting, any vessel or aircraft within the limits of the Colony find on
board any infectious disease, it shall be the duty of such surgeon
or medical practitioner to inform the master of the nature of the
disease and notify the same in writing to a health officer. All
further action as regards the patient, the members of the crew, the
passengers or the vessel or aircraft shall be under the direction of
a health officer.
(2) Should such infectious disease be believed or suspected to
be any quarantinable disease, such vessel or aircraft shall at once be
considered as an infected vessel or aircraft under this Ordinance.
The master of such vessel or aircraft shall at once take such steps as
are necessary to inform a health officer of the facts of the case and
shall display the appropriate signal referred to in section 35, and
shall not permit any further communication with the shore, but shall
wait for instructions from a health officer. (Amended, 38 of 1955,
s. 24)
45. In case any vessel in the waters of the Colony which carries
no surgeon has on board any sickness, the nature of which the
master is unable to determine, he shall at once hoist the call flag for
medical assistance (letter W in the International Code of Signals
over the code pennant), and shall take such measures as may be
necessary to inform a health officer and shall await his directions.
(Amended, 38 of 1955, s. 25)
46. This Ordinance and the regulations made thereunder shall
not in any way interfere with the internal management of any of
Her Majesty's or of foreign vessels or aircraft of war, or with their
freedom to proceed whenever the officer in command may deem
such course requisite.
Plague Precautionary Measures
47. Plague infected vessels and aircraft shall be subjected to the
following measures
(a) medical inspection;
(b) the sick shall be immediately disembarked and isolated;
(c)all persons who have been in contact with the sick and those
whom a health officer has reason to consider suspect shall be
disembarked if possible. They may be subjected to isolation, or
to surveillance, or to isolation followed by surveillance, and
may be disinsected:
Provided that the total duration of these measures does
not exceed 6 days from the arrival of the vessel; (Amended, 38
of 1955, ss. 2 and 26)
(d)bedding, soiled linen, wearing apparel and other articles which,
in the opinion of a health officer, are infected shall be
disinsected and if necessary disinfected; (Amended, 38 of
1955, s. 2)
(e)the parts of the vessel which have been occupied by persons
suffering from plague or which in the opinion of a health officer
are infected shall be disinsected and if necessary disinfected.
(Amended, 38 of 1955, s. 26)
48. (1) A health officer may require deratting before or during the
unloading of cargo, if he is of opinion, having regard to the nature of
the cargo and the way it is loaded, that it is possible so to effect a total
destruction of rodents. In this case a vessel shall not be subjected to a
further deratting unless during or after the unloading live rodents are
still found, in which event a second deratting may be required by a
health officer, but the cost of such second deratting shall not be
charged to the owners or agents of the vessel under section 41. In other
cases the complete destruction of the rodents shall be effected on board
when the holds are empty. In the case of ships in ballast this process
shall be carried out as soon as possible before taking cargo. (Amended,
38 of 1955, ss. 2 and 27)
(2) If the vessel is to unload a part of its cargo only and if a health
officer considers that it is impossible to carry out complete deratting,
the said vessel may remain in port for the time required to unload that
part of its cargo, provided that all precautions, including isolation, are
taken to the satisfaction of a health officer to prevent rodents from
passing from the vessel to the shore, either during unloading or
otherwise. (Amended, 38 of 1955, s. 2)
(3) The unloading of cargo shall be carried out under the control of
a health officer, who shall take all measures necessary to prevent the
persons employed on this duty from becoming infected. Such persons
shall be subjected to isolation or surveillance for a period not exceeding
6 days from the time when they have ceased to
work at the unloading of the vessel.(Amended, 38 of 1955, s. 2)
49. (1) Where any vessel or aircraft arrives from any place or port
certified to be an infected place or infected port in respect of plague, no
feathers, sacks or rags taken on board the vessel or aircraft at such
place or port shall be unloaded unless the vessel or aircraft or such
articles have been disinfected and disinsected to the satisfaction of a
health officer.
(2) Any person who unloads any such articles in contravention of
this section shall be liable on summary conviction to a fine of $2,000.
(Added, 38 of 1955, s. 28)
50. Plague suspected vessels and aircraft shall undergo the
measures specified in section 47(a), (d) and (e) and in section 48. In
addition the passengers and crew may be subjected to surveillance
which shall not exceed 6 days reckoned from the date of arrival.
51. A vessel or aircraft shall be regarded as uninfected or healthy,
notwithstanding its coming from an infected port, if there has been no
human or rodent plague on board either at the time of departure or
during the voyage or on arrival, and if the investigations regarding
rodents have not shown the existence of any unusual mortality.
(Amended, 38 of 1955, s. 2)
52. An uninfected or healthy vessel or aircraft shall be given
pratique immediately with the reservation that a health officer may
prescribe the following measures in connexion therewith
(a)medical inspection to determine whether the condition of the
ship corresponds to the definition of an uninfected ship;
(b)in exceptional cases and for wellfounded reasons which shall
be communicated in writing to the captain of the vessel
destruction of rodents on board under the conditions
specified in section 48(1); (Amended, 38 of 1955, s. 2)
(e)subjection of the passengers and crew to surveillance for a
period not exceeding 6 days from the date on which the vessel
left the infected port. The crew may be prevented during the
same period from leaving the vessel except on duty of which a
health officer has been notified.
53. (1) Where a health officer has reason to believe that a vessel
harbours rats he may
(a) derat or cause to be deratted such vessel, and
(b)issue in respect thereof a deratting certificate in the form in
the Second Schedule.
(2) Upon application in respect thereof, a health officer shall
inspect any vessel, and where he does not exercise the powers vested
in him under subsection (1), he shall
(a)issue to the master of such ship a deratting certificate in the
form in the Second Schedule, or
(b)extend the validity of the ship's deratting certificate for a
period not exceeding one month.
(3)Every vessel proposing to leave the Colony shall produce
to the person whose duty it is to grant a port clearance a deratting
certificate in the form in the Second Schedule, and no such port
clearance shall be issued in respect of any vessel until the production
of such certificate.
(Replaced, 38 of 1955, s. 29. Amended, 17 of 1974, s. 5)
Cholera Precautionary Measures
54. Cholera-infected vessels and aircraft shall be subjected to the
following measures
(a) medical inspection;
(b) the sick shall be immediately disembarked and isolated;
(c) (i) those passengers and crew in possession of cholera
certificates of vaccination, in the form set out in the Second
Schedule, or who are in the opinion of the health officer
protected by vaccination against cholera, may be subject to
surveillance during a period not exceeding 5 days reckoned
from the date of arrival; (Amended, 17 of 1974, s. 5)
(ii) those passengers and crew who in the opinion of the
health officer are not protected by vaccination against cholera
may be isolated for a period not exceeding 5 days reckoned
from the date of arrival; (Replaced, 38 of 1955, s. 30)
(d)bedding, soiled linen, wearing apparel and other articles,
including foodstuffs, which, in the opinion of a health officer,
have been recently infected, shall be disinfected;
(e)the parts of the vessel or aircraft which have been occupied by
the patients or which are considered by such health officer as
infected shall be disinfected;
(f)unloading of cargo shall be carried out under the supervision
of such health officer, who will take all measures necessary to
prevent the infection of the persons engaged in unloading.
They shall be subjected to isolation or to surveillance which
shall not exceed 5 days from the time they cease unloading;
(Amended, 38 of 1955, s. 2)
(g)when the drinking water on board is suspected it shall be
turned off and emptied out after being disinfected and shall
be replaced, after disinfection of the tanks, by a supply of
water of good quality;
(h)such health officer may prohibit the emptying of water ballast
which has been taken in at an infected port, unless such water
ballast has first been disinfected;
(i)such health officer may prohibit the emptying or discharge of
human dejecta and of waste waters of the ship into the waters
of the port unless such dejecta or waste waters have first
been disinfected.
55. Vessels or aircraft suspected of cholera shall be subjected to
the measures prescribed under section 54 (a), (d), (e), (g), (h) and (i).
The passengers and crew may be subjected to surveillance for a period
not exceeding 5 days from the date of arrival.
56. If any vessel or aircraft has been declared infected or suspected
only because of cases on board presenting the clinical features of
cholera and if two bacteriological examinations made with an interval of
not less than 24 hours between them have not revealed the presence of
cholera or any other suspicious vibrios, it shall be classed as
uninfected.
57. A vessel or aircraft shall be regarded as uninfected if, although
arriving from an infected port or having on board persons proceeding
from an infected area, there has been no case of cholera either at the
time of departure from such infected port, during the voyage, or on
arrival. Such vessel or aircraft may be subjected to the measures
provided under section 54 (a), (g), (h) and (i). In addition the
passengers and crew may be subjected to surveillance during a period
which shall not exceed 5 days from the date of arrival. The crew may be
prevented during the same period from leaving the ship or sanitary
aerodrome except on duty of which a health officer has been notified.
58. (1) Where any vessel or aircraft arrives from a place or port
certified to be an infected place or infected port in respect of cholera a
health officer may
(a) order to be kept on board; or
(b) destroy,
any fish, shell-fish, fruit, vegetables or beverages:,
Provided that this section shall not apply to any such food or
beverages in sealed containers which in the opinion of a health officer
are not contaminated.
(2) No person shall unload any of the articles referred to in
subsection (1).
(Added, 38 of 1955, s. 31)
59. Where any person arrives from any place or port certified
to be an infected place or infected port in respect of cholera a health
officer may carry out a stool examination.
(Added, 38 of 1955, s. 31)
60. (1) Cases presenting the clinical symptoms of cholera in
which no cholera vibrios have been found or in which vibrios not
strictly conforming to the character of cholera vibrios have been
found shall be subjected to all measures required in the case of
cholera.
(2) Germ carriers discovered on the arrival of a vessel or
aircraft may be treated in the same way as cases of disease.
Smallpox Precautionary Measures
61. Vessels or aircraft which have, or have had during the
voyage, a case of smallpox on board shall be subjected to the
following measures- (Amended, 54 of 1936, s. 6)
(a) medical inspection;
(b) the sick shall be immediately disembarked and isolated;
(c)other persons reasonably suspected to have been exposed
to infection on board, who, in the opinion of a health
officer, are not sufficiently protected by recent vaccination
or by a previous attack of smallpox, may be subjected to
vaccination or to vaccination followed by isolation or
surveillance, the period of isolation or surveillance being
specified according to the circumstances, but in any case
not exceeding 14 days reckoned from the date of arrival of
the vessel or aircraft; (Amended, 38 of 1955, s. 2)
(d)bedding, soiled linen, wearing apparel and other articles
which such health officer considers to have been recently
infected shall be disinfected;
(e)those parts of the vessel or aircraft which have been
occupied by persons ill with smallpox and which such
health officer regards as infected shall be disinfected.
62. Vessels and aircraft which are not infected with smallpox
but which come from a port declared to be infected with the disease
shall be subjected to the following measures-
(a) medical inspection;
(b)any passenger or member of the crew who is not protected
by vaccination or by a previous attack of smallpox, and
who has left a local area where smallpox is epidemic within
the previous 14 days before landing in the Colony, may
be subjected to vaccination or vaccination followed by
surveillance or isolation.(Amended, 38 of 1955, s. 32)
63. (1) Notwithstanding anything contained in sections 61
and 62, it shall be lawful for a health officer to require any person
arriving in the Colony by vessel, aircraft or by any other means, who
does not show evidence of having previously suffered from small-
pox, to produce a valid international certificate of vaccination
against smallpox.
(2) If any person, when so required under subsection (1), fails
to produce such valid international certificate the health officer shall
offer him vaccination free of charge; and if such person refuses to be
vaccinated the health officer may place him under surveillance for a
period not exceeding 14 days reckoned from the date of his depar-
ture from the last territory before arrival in the Colony.
(Added, 20 of 1958, s. 3)
64. (1) The Governor, if he is satisfied-
(a)that an epidemic of smallpox exists in the Colony, or in any
part thereof; or
(b)that the Colony, or any part thereof, is threatened with
such an epidemic,
and that in the interest of public health it is necessary or expedient
so to do, may by order, notification of which shall be given in the
Gazette-
(c)declare that the Colony, or any part thereof, is infected
with smallpox or is likely to be so infected; and
(d)require any person, or class or category of persons, living
in the Colony, or in any part thereof, or in such part
thereof to which the order relates-
(i) to subject himself or themselves to vaccination; or
(ii) to be placed in isolation or under surveillance, the
period of isolation or surveillance being specified accord-
ing to the circumstances, but in any case not exceeding 14
days of such requirement.
(2) During the continuance in force of any order made under
subsection (1), it shall be lawful for any health officer-
(a)if such order requires any person, or class or category of
persons, to subject himself or themselves to vaccination
and such officer is not satisfied that such person, or any
person of the class or category affected by the order is
sufficiently protected against smallpox by recent vaccina-
tion or by a previous attack of the disease-
(i) to direct such person to subject himself to vaccina-
tion which shall be performed free of charge; and
(ii) to place such person, upon his refusal to comply
with such direction, in isolation or under surveillance;
the period of isolation or surveillance being specified
according to the circumstances, but in any case not
exceeding 14 days of such refusal; or
(b)if such order requires any person, or class or category of
persons, to be placed in isolation or under surveillance, to use
such force, with or without assistance, as may be deemed
necessary and to employ such methods as may be deemed
sufficient to ensure compliance with such order by any person,
or by any person of the class or category, affected by the
order.
(3) Any person placed in isolation or under surveillance under the
provisions of subsection (1) or (2) shall continue in isolation or under
surveillance for the period specified in subsection (1)(d)(ii) or in
subsection (2)(a)(ii) notwithstanding the cancellation of any order
made under subsection (1) during such period of isolation or
surveillance.
(4) The provisions of this section shall be in addition to and not in
derogation of the provisions of sections 61, 62 and 63 and of any
regulations made under the provisions of section 8.
(Added, 23 of 1960, s. 2)
Typhus and Relapsing Fever Precautionary Measures
65. (1) Vessels or aircraft which have, or have had during the
voyage, a case of typhus or relapsing fever on board shall be subject to
the following measures
(a) medical inspection;
(b)the sick shall be immediately disembarked, isolated and
disinsected;
(c)other persons reasonably suspected to harbour lice, or to have
been exposed to infection, shall be disinsected and may be
subjected to surveillance during a period which shall not
exceed 14 days in the case of typhus and 8 days in the case of
relapsing fever from the date of the disinsecting;
(d)bedding, linen, wearing apparel and other articles which a
health officer considers to be infected shall be disinsected and,
if necessary, disinfected;
(c)the parts of the vessel or aircraft which have been occupied by
persons ill with typhus or relapsing fever and which such
health officer regards as infected shall be disinfected and
disinsected.
(2)(a) Where any person arrives from any place or port certified
to be an infected place or port in respect of typhus or relapsing
fever such person may, if the health officer considers it
necessary, be disinsected and subjected to surveillance during
a period which shall not exceed 14 days in the case of typhus
and 8 days in the case of relapsing fever from the date of the
disinsecting.
(b)Bedding, linen, wearing apparel and other articles which a
health officer considers to be infected shall be disinsected
and, if necessary, disinfected.
(Replaced, 38 of 1955, s. 33)
Yellow Fever Precautionary Measures
66. Vessels or aircraft infected with yellow fever shall be subjected
to the following measures
(a) medical inspection;
(b)the sick shall he disembarked, and those of them whose
illness has not lasted more than 5 days shall be isolated in
such a manner as a health officer may direct to prevent the
infection of mosquitoes;
(c)other persons who disembark and who in the opinion of a
health officer are not protected against yellow fever shall be
kept under isolation or surveillance during a period which
shall not exceed 6 days reckoned from the time of
disembarkation; (Amended, 38 of 1955, ss. 2 and 34)
(d)a ship shall be moored at least 200 metres from the inhabited
shore and at such a distance from other vessels as will render
the access of mosquitoes improbable; (Amended, L.N. 2185)
(e)the destruction of mosquitoes in all phases of growth shall be
carried out on board, as far as possible before unloading of
cargo. If the unloading is carried out before the destruction of
mosquitoes, the persons employed shall be subjected to
isolation or surveillance for a period not exceeding 6 days
from the time when they ceased unloading. (Amended, 38 of
1955, s. 2)
67. Vessels or aircraft suspected of yellow fever may be subjected
to the measures specified in section 66(a), (c), (d) and (e).
68. A vessel or aircraft shall be regarded as uninfected,
notwithstanding its having come from a yellow fever infected port, if on
arriving after a voyage of more than 6 days it has no case of yellow
fever on board and either there is no reason to believe that it carries
adult Aedes aegypti or a health officer is satisfied
(a)that the vessel or aircraft during its stay in the port of
departure was moored at a distance of at least 410 metres from
an inhabited shore and at such a distance from other vessels
as to make the access of Aedes aegypti improbable; or
(Amended, L.N. 2185)
(b)that the vessel or aircraft at the time of departure was
effectually fumigated in order to destroy mosquitoes.
(Amended, 38 of 1955, s. 35)
Other Infectious Diseases, Precautionary Measures
69. (1) Any person who, on arrival in the Colony by any vessel or
aircraft, is found to be suffering from chickenpox, diphtheria, enteric,
dysentery, scarlet fever, influenza, cerebro-spinal meningitis, measles or
other such infectious disease, may be removed to a hospital if a health
officer is of opinion that he cannot be isolated or treated on board.
(2) Any bedding, linen, wearing apparel or other articles which
such health officer considers to be infected shall be disinfected as he
may direct.
(3) Any part of the vessel or aircraft which such health officer
considers to have been infected shall be disinfected as he may direct.
Insanitary and Overcrowded Vessels
70. (1) If a health officer on inspection of any vessel finds any
decaying animal or vegetable matter, living pest or insect, rubbish, dirt,
filth or other matter, which in his opinion is likely to be injurious to
health or to create a nuisance, he may serve a written notice on the
master, agent or owner of the vessel to abate the said nuisance within
12 hours. (Amended, 38 of 1955, s. 36)
(2) If such nuisance is not abated within such time the master,
agent or owner shall be liable on summary conviction to a fine of $250
and to a further fine of $50 for every day of continuing default.
(Amended, 22 of 1950, Schedule)
(3) If a health officer on inspection of any vessel finds any crew's
quarters, living spaces, water tanks, foodlockers, paintlockers, decks,
lavatories, latrines or bilges to be in a dirty or insanitary state, he may
call upon the master of such vessel to carry out to his satisfaction such
cleansing, disinfection, white-washing or painting as he may direct.
(4) Any master of a vessel who neglects to comply with such
orders within such time as a health officer directs shall be liable on
summary conviction to a fine of $250 and to a further fine of $50 for
every day of continuing default, and the person whose duty it is to
grant a port clearance may, on the certificate of such health officer
withhold a port clearance from such vessel until such health officer's
directions have been complied with. (Amended, 22 of 1950, Schedule)
(5) At the discretion of a health officer any offensive articles
mentioned in this section may be discharged, and the vessel may, at the
owner's or agent's expense, be disinfected under the supervision of a
health officer.
(6) All expenses incurred by a health officer in carrying out this
section shall be recoverable from the owner or agents of the vessel by
civil action in the name of the Attorney General.
71. Where a vessel has passengers on board who are in a filthy or
otherwise unwholesome condition, or is overcrowded with passengers,
emigrants or otherwise, a health officer may, if in his opinion it is
desirable with a view to checking the introduction of any infectious or
contagious disease, and on his certifying to that effect, order the vessel
to the quarantine anchorage or to such place as he may direct, and
although the vessel is not infected or suspected such health officer may
order the cleansing and disinfection of the vessel in such manner as he
may deem necessary.
72. The Director may by order in the Gazette amend the First and
Second Schedules.
(Added, 17 of 1974, s. 6)
FIRST SCHEDULE [ss. 2 72.]
INFECTIOUS DISEASES
1. Acute poliomyelitis (infantile paralysis).
2. Cerebro-spinal meningitis.
3. Chickenpox.
4. Cholera.
5. Diphtheria.
6. Dysentery.
7. Enteric.
8. Food poisoning (excluding dysentery and enteric).
9. Leprosy.
10. Malaria.
11. Measles.
12. Ophthalmia neonatorum.
13. Plague.
14. Puerperal fever.
is. Rabies.
16. Relapsing fever.
17. Scarlet fever.
18. Smallpox.
19. Tuberculosis.
20. Typhus.
21. Viral hepatitis.
22. Whooping cough.
23. Yellow fever.
(Added, 17of 1974, s. 7)
SECOND SCHEDULE [ss. 4, 5, 7, 10, 53 & 54.]
(Amended, 17 of 1974, s. 8)
Serial No . ........ QUARANTINE AND PREVENTION OF DISEASE ORDINANCE Serial No .
Serial No . ............................. Slip No .
(FOR RECORD IN THE HEALTH (TO BE HANDED TO PERSON
GIVING
OFFICE) UNDERTAKING TO SUBMIT TO SURVEILLANCE THE UNDERTAKING)
Date of undertaking
Date of undertaking
................. I, .................of ....................................
being desirous of proceeding to .......... Full name of person undertaking
(which I hereby declare to be my full and sufficient address),
hereby undertake, in
consideration of my being exempted from isolation, (to present
myself for examination at the office of the ...................
Full name of person
undertaking.........
situate at ................daily at .......... a.m. Address in full
for .................days from the date hereof, and to report
immediately at the said office any change in my residence) or
(to proceed direct to the said premises and to submit myself
for examination daily by the examination officer for ........
...........days from the date hereof).
I am aware that failure to comply with the terms of this
undertaking, will render me liable to arrest, and, upon
conviction, to a fine of $500, and, if such offence be of a
continuing nature, to a further fine of $50 for every day
during which the offence shall continue.
Address in full
Ship's name Ship's name
Address of the
examining officer to
whom the undertaker
must
report
Period for which examination is
Dated this ..................day of ..............19 . ordered
NoTE:-Breach of this undertaking
renders the offender liable to
.........................
Signature of Passenger arrest and to a
fine of $500 and
Before me, to a further fine of $50 for every
day during which the offence
shall continue.
................
Health Officer (Amended, 38 of 1955, s. 2)
To be printed at the back
INSTRUCTIONS
1. This undertaking is to be forwarded by the Health Officer to the Health Officer
of the area containing the address of the person giving the undertaking. The
slip is to be handed to the said person.
2. The Health Officer of such area will every day, as he sees such person, initial
the space below.
Date Initials
First day .........................
Second day .......................
Third day ..........................
DERATTING CERTIFICATE*-CERTIFICAT DE DPRATISATION*
DERATTING EXEMPTION CERTIFICATE*-CERTIFICAT D'EXEMPTION DE
LA DEPRATISATION*
Issued in accordance with Article 52 of the International Sanitary Regulations
(Given under Art. 28 of the International Sanitary Convention of Paris, 1926)
Delivre conformement a l'art. 52 du Reglement Sanitaire International
(NOT TO BE TAKEN AWAY BY PORT AUTHORITIES)
(NE DEVANT PAS ETRE RETIRE PAR LES AUTORITES PORTUAIRES)
Date-Date .........................Port of-Port de
THIS CERTIFICATE records the inspection and exemption. at this port and on the above date.
deratting.
LE PRESENT CER TIFICA T atteste Finspection 1'exemption. en ceport el ala date ci-dessus.
la deratisation.
of the ....of.................................................... net tons,
from .....................
du navire ......................... de
...................................tonnage net, venant de
in accordance with the Quarantine Laws and Regulations of
conformtSment aux Lois et Reglements quarantenaires de HONG KONG
*empty
At the time the holds were *laden with tons of cargo
vides
A ce moment les cales etaient *Chargees de tonnes de cargaison
(*Strike out the unnecessary indications-Rayer les mentions
muliles.)
OBSERVATIONS. OBSERVATIONS--(in case ofexemption, state here the measures taken for maintaining the
vessel in such a condition that the rat population would be reduced to a minimunt-Dans le cas d'exemption moliquer
ici les mesures prises pour que le navire soir maintenu dons des conditions telles, que la population murine y soit
riduite au minimum).
.................. .......
........................................... ..............................
Senior Port Health Officer. Seal, Name, Qualification and Signature of the Inspector.
Cachet, Arom, Qualite et Signature de l'Inspecteur.
THIS CERTIFICATE SHOULD BE KEPT ON THE SHIP
CE CERTIFICAT DOITtTRE RETENU SUR LE NAVIRE
LAST ACCEPTABLE CERTIFICATE:
(Added, 38 of 1955, s. 37)
DERATTING CERTIFICATE-CERTIFICAT DE DERATISATION (a)
DERATTING EXEMPTION CERTIFICATE-CERTIFICAT DEXEMPTION DE DERATISATION (a)
1986
VACCINATION CERTIFICATE FOR CHOLERA
International Certificate of Vaccination or Revaccination
Against Cholera
Certificat International de Vaccination Ou De
Revaccination
Contre le Cholera
This is to........ date of
certify that..................... birth ........................ sex
...........
Je soussigne (e) ne (e) sexe
certifie que le
whose signa-
ture follows
dont la
signature
suit
has on the date indicated been vaccinated or revaccinated against cholera.
a ete vaccine (e) ou revaccine (e) contre le cholera a la date indiquee.
Signature and
professional
status of
vaccinator. Approved stamp.
Date
Signature et Cachet d'authentification.
qualW pro-
jessionnelle
du vaccinateur.
2
2
3 3 4
5 5 6
6
7 7 8
8
(Added, 38 of 1955, s.
37)
Originally 7 of 1936. (Cap. 141, 1950.) 54 of 1936. G.N. 76/37. G.N. 59/39. G.N. 93/46. 2 of 1947. G.N. 824/47. G.N. 199/48. G.N.A. 132/50. 22 of 1950. 24 of 1950. 38 of 1955. 20 of 1958. 23 of 1960. 8 of 1962. 43 of 1971. 72 of 1973. 17 of 1984. L.N. 2/85. Short title. Interpretation; First Schedule. vessels or aircraft when regarded as infected; vessels or aircraft when regarded as suspected. Duration of period of incubation. Conditions of release from isolation of persons liable to be subjected to surveillance. Second Schedule. Conditions of release from isolation of contacts. Second Schedule. Substitution of isolation for surveillance. Escape or evasion. Power to make regulations. Offences generally. Penalty. Increased penalty for second or subsequent offence. Arrest. Forfeitures. Presumption of knowledge. Measures under general direction of Director. Power to requisition vehicles temporarily. Compensation. (Cap. 341.) Limitation of liability. Import of human remains, noxious insects and pests. Infected port to be certified. Medical inspection or examination of arrivals from infected places or ports otherwise than by sea. Any vessel or aircraft may be visited by health officer; duties of master; master to furnish information to health officer or boarding officer; vessels refusing to submit to measures prescribed; aircraft not wishing to submit to measures prescribed. Vessels which are to show quarantine signal. Vessels which are required to proceed to quarantine anchorage. Quarantine anchorage determined by Director of Marine. No communication allowed with certain vessels. Pilot may board vessel showing quarantine signal. Prohibition of landing passengers from certain vessels before inspection; duty to report infectious disease; prohibition against landing without written permit, etc. Duty of guard of train to report cases of infection; duty of station master with regard to infected case and carriage; removal of suspected case. Restriction on landing or departure of certain aircraft. Health officer to inspect certain vessels. Declaration by master and surgeon; declaration by master of aircraft; penalty for untrue declaration; penalty for failure to make declaration. Vessel or aircraft to be dealt with according to provisions of this Ordinance. Penalties for preventing health officer inspecting vessel or aircraft. Signals to be shown by certain vessels. Power of police to restrict movements of persons or things to and from certain vessels. Power of health officer as to passengers on board vessels under isolation. Power of detention of infected persons desirous of landing. Power of health officer with regard to disposal of infectious corpse. Trespasser on quarantine station may be detained. Costs incurred by Government may be recovered from owners or agents. Police to furnish assistance. Exemption of postal matter. Duty of medical practitioner and master when a case of infectious disease discovered on board vessel or aircraft. Duty of master in case of sickness where no surgeon is carried. Internal management of vessels or aircraft of war not to be interfered with. Plague precautionary measures in case of infected vessels or aircraft. Provisions relating to discharge of cargo. Certain articles not to be discharged until disinfected. Plague precautionary measures in case of suspected vessels or aircraft. Uninfected or healthy vessels or aircraft coming from an infected port. Pratique. Deratting of vessels. Second Schedule. Second Schedule. Second Schedule. Cholera precautionary measures in case of infected vessels and aircraft. Second Schedule. Cholera precautionary measures in case of suspected vessels and aircraft. Effect of bacteriological examinations. Lesser precautionary measures in case of certain vessels and aircraft. Precautionary measures in respect of certain foodstuffs. Stool examination. Cases clinically cholera to be classed as cholera. Smallpox precautionary measures in the case of infected vessels or aircraft. Smallpox precautionary measures in the case of contact vessels or aircraft. Power to require evidence of protection against smallpox in certain cases. Power of the Governor to declare that the Colony is infected and action consequential upon such declaration. Typhus and relapsing fever precautionary measures in case of infected vessels or aircraft. Yellow fever precautionary measures in case of infected vessels or aircraft. In case of suspected vessels or aircraft. Vessels or aircraft regarded uninfected, in certain cases. Precautionary measures with regard to vessels or aircraft infected with certain diseases. Measures with regard to nuisances and insanitary conditions on board vessel or aircraft. Vessels with filthy passengers or in an overcrowded state to go to quarantine anchorage. Amendment of Schedules.
Abstract
Originally 7 of 1936. (Cap. 141, 1950.) 54 of 1936. G.N. 76/37. G.N. 59/39. G.N. 93/46. 2 of 1947. G.N. 824/47. G.N. 199/48. G.N.A. 132/50. 22 of 1950. 24 of 1950. 38 of 1955. 20 of 1958. 23 of 1960. 8 of 1962. 43 of 1971. 72 of 1973. 17 of 1984. L.N. 2/85. Short title. Interpretation; First Schedule. vessels or aircraft when regarded as infected; vessels or aircraft when regarded as suspected. Duration of period of incubation. Conditions of release from isolation of persons liable to be subjected to surveillance. Second Schedule. Conditions of release from isolation of contacts. Second Schedule. Substitution of isolation for surveillance. Escape or evasion. Power to make regulations. Offences generally. Penalty. Increased penalty for second or subsequent offence. Arrest. Forfeitures. Presumption of knowledge. Measures under general direction of Director. Power to requisition vehicles temporarily. Compensation. (Cap. 341.) Limitation of liability. Import of human remains, noxious insects and pests. Infected port to be certified. Medical inspection or examination of arrivals from infected places or ports otherwise than by sea. Any vessel or aircraft may be visited by health officer; duties of master; master to furnish information to health officer or boarding officer; vessels refusing to submit to measures prescribed; aircraft not wishing to submit to measures prescribed. Vessels which are to show quarantine signal. Vessels which are required to proceed to quarantine anchorage. Quarantine anchorage determined by Director of Marine. No communication allowed with certain vessels. Pilot may board vessel showing quarantine signal. Prohibition of landing passengers from certain vessels before inspection; duty to report infectious disease; prohibition against landing without written permit, etc. Duty of guard of train to report cases of infection; duty of station master with regard to infected case and carriage; removal of suspected case. Restriction on landing or departure of certain aircraft. Health officer to inspect certain vessels. Declaration by master and surgeon; declaration by master of aircraft; penalty for untrue declaration; penalty for failure to make declaration. Vessel or aircraft to be dealt with according to provisions of this Ordinance. Penalties for preventing health officer inspecting vessel or aircraft. Signals to be shown by certain vessels. Power of police to restrict movements of persons or things to and from certain vessels. Power of health officer as to passengers on board vessels under isolation. Power of detention of infected persons desirous of landing. Power of health officer with regard to disposal of infectious corpse. Trespasser on quarantine station may be detained. Costs incurred by Government may be recovered from owners or agents. Police to furnish assistance. Exemption of postal matter. Duty of medical practitioner and master when a case of infectious disease discovered on board vessel or aircraft. Duty of master in case of sickness where no surgeon is carried. Internal management of vessels or aircraft of war not to be interfered with. Plague precautionary measures in case of infected vessels or aircraft. Provisions relating to discharge of cargo. Certain articles not to be discharged until disinfected. Plague precautionary measures in case of suspected vessels or aircraft. Uninfected or healthy vessels or aircraft coming from an infected port. Pratique. Deratting of vessels. Second Schedule. Second Schedule. Second Schedule. Cholera precautionary measures in case of infected vessels and aircraft. Second Schedule. Cholera precautionary measures in case of suspected vessels and aircraft. Effect of bacteriological examinations. Lesser precautionary measures in case of certain vessels and aircraft. Precautionary measures in respect of certain foodstuffs. Stool examination. Cases clinically cholera to be classed as cholera. Smallpox precautionary measures in the case of infected vessels or aircraft. Smallpox precautionary measures in the case of contact vessels or aircraft. Power to require evidence of protection against smallpox in certain cases. Power of the Governor to declare that the Colony is infected and action consequential upon such declaration. Typhus and relapsing fever precautionary measures in case of infected vessels or aircraft. Yellow fever precautionary measures in case of infected vessels or aircraft. In case of suspected vessels or aircraft. Vessels or aircraft regarded uninfected, in certain cases. Precautionary measures with regard to vessels or aircraft infected with certain diseases. Measures with regard to nuisances and insanitary conditions on board vessel or aircraft. Vessels with filthy passengers or in an overcrowded state to go to quarantine anchorage. Amendment of Schedules.
Identifier
https://oelawhk.lib.hku.hk/items/show/2682
Edition
1964
Volume
v11
Subsequent Cap No.
141
Number of Pages
39
Files
Collection
Historical Laws of Hong Kong Online
Citation
“QUARANTINE AND PREVENTION OF DISEASE ORDINANCE,” Historical Laws of Hong Kong Online, accessed May 19, 2025, https://oelawhk.lib.hku.hk/items/show/2682.