[FALSE] Has the fine for violating the prohibition on group gathering increased to HK$10,000?

 

Screenshot of the Facebook post.

 

The Claim and Our Verdict

• The claim: A Facebook post published Feb. 11, 2022, claims that the fine for violating the prohibition on group gathering has increased to HK$10,000.
• Fact-checking:
  • The Hong Kong Government announced Feb. 8 the gazette of legislative amendments under the Prevention and Control of Disease Ordinance, which raised the current level of fixed penalty from $5,000 to $10,000 in discharging relevant legal liabilities for non-compliance with compulsory testing notices (including operations under restriction-testing declarations) or directions. The new penalty doesn’t apply to non-compliance with group gathering.
  • As of the issuance of this report (Mar. 1, 2022), there’s no official news on the increase of fine for breaking group gathering rules. The claim misinterprets the updated regulations.
• Our ruling: We rate the claim as FALSE.

News Brief

A Facebook post published Feb. 11, 2022, claims 19 people who know each other and gathered at Tsuen Wan Park got fined, and that the penalty for violating the prohibition on group gathering has been increased to HK$10,000.

As of the issuance of this report, the post had been shared 45 times, and had received 97 comments and 468 likes or reactions.

Fact-checking

1. The fixed penalty for violation of group gathering regulation is HK$5,000

1.1 What does the current group gathering restriction stipulate?

The Government announced Feb. 8 the gazette of legislative amendments under the Prevention and Control of Disease Ordinance (Cap. 599), and the tightening of social distancing measures to take effect from Feb. 10 till Feb. 23. Here are the updated regulations:

 

In view of the very dire epidemic situation in Hong Kong, the Government announced Feb. 22 the further tightening of social distancing measures and its intention to maintain the relevant measures till April 20.

1.2 Who will commit an offence against group gathering regulation?

According to Cap. 599G, any person who participates in a prohibited group gathering; organizes a prohibited group gathering; or owns, controls, or operates the place of such a gathering and knowingly allows the taking place of such a gathering commits an offence.

1.3 What is the punishment for violation of group gathering regulation?

Offenders are liable to a maximum fine of $25,000 and imprisonment for six months. Persons who participate in a prohibited group gathering may discharge liability for the offence by paying a fixed penalty of $5,000. Any participant, staff member or customer who makes false declarations or provides false information under the relevant measures may be regarded as participating in a prohibited group gathering and subject to a fixed penalty of $5,000. The current group gathering restriction doesn’t include a fixed penalty of HK$10,000.

2. The raise in the current fixed penalty from $5,000 to $10,000 is not applicable to group gatherings.

According to the Hong Kong Government’s announcement on February 8 regarding COVID-19 prevention and control measures, the raise of the current fixed penalty from $5,000 to $10,000 is not applicable to group gatherings. Instead, it applies to compulsory testing for certain persons. The fourth legislative proposal involves amendments to the Prevention and Control of Disease (Compulsory Testing for Certain Persons) Regulation (Cap. 599J), which will raise the current level of fixed penalty from $5,000 to $10,000 in discharging relevant legal liabilities for non-compliance with compulsory testing notices (including operations under restriction-testing declarations) or directions.

3. As of the issuance of this report (Mar. 1, 2022), there’s no official reports on the increase of fine for violating group gathering rules. The claim misinterprets relevant regulations.