Exemptions under Emergency (Exemption from Statutory Requirements) (COVID-19) Regulation
Dear Health Bureau,
May I kindly enquire -
1. Number of exemptions made by the Chief Secretary under Section 2 of the Emergency (Exemption from Statutory Requirements) (COVID-19) Regulation;
2. Details of the said exemptions; and
3. Whether the government is intended to repeal the Emergency (Exemption from Statutory Requirements) (COVID-19) Regulation in light of the contemporary situation.
Yours faithfully,
Bernie
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政府 醫務衞生局 (此乃電郵系統自動發出的覆函)
Dear Sir/Madam,
Thank you for your email dated 23 July 2026 to the Health Bureau. We need
more time in handling the case and a reply will be provided in due course.
In the meantime, if you have any questions, you may wish to contact us as
below –
Email : [1][Health Bureau request email]
Telephone : 3509 8765
Fax : 2541 3352
(Ms Sharon LAU)
for Secretary for Health
Dear Sir/Madam,
Further to our reply on 31 July 2026, we are following up on the case and
a reply will be provided in due course.
In the meantime, if you have any questions, you may wish to contact us as
below –
Email : [1][Health Bureau request email]
Telephone : 3509 8765
Fax : 2541 3352
(Ms Sharon LAU)
for Secretary for Health
Dear Sir/Madam,
Further to our reply on 12 August 2026, we are following up on the case
and a reply will be provided in due course.
In the meantime, if you have any questions, you may wish to contact us as
below –
Email : [1][Health Bureau request email]
Telephone : 3509 8765
Fax : 2541 3352
(Ms Sharon LAU)
for Secretary for Health
Dear Sir/Madam,
Exemptions under Emergency (Exemption from Statutory Requirements) (COVID-19)
Regulation
Thank you for your enquiry on 29 October 2024, emails sent between 20
January 2025 and 24 June 2026 to the Health Bureau, and your request under
the Code on Access to Information on 23 July 2026 regarding the Emergency
(Exemption from Statutory Requirements) (COVID-19) Regulation (Cap. 241N)
(“the Regulation”). Further to earlier interim replies, I have been
authorized to provide a substantive reply as follows.
We apologise for the delay in providing a substantive reply. The matter
required checking of records across different bureaux and departments
spanning the COVID-19 period, and we regret the time taken to complete the
necessary verification before responding.
In 2022, Hong Kong faced a severe wave of the COVID-19 epidemic. It was
anticipated that the confirmed cases would surge exponentially, rapidly
exceeding the containment capacity of the HKSAR Government, and the
healthcare system, manpower, anti-epidemic facilities and resources would
be approaching a critical threshold in managing the daily influx of new
infections. Such situation constituted an occasion of emergency and
public danger as defined under the Emergency Regulations Ordinance (Cap.
241).
In response to the public health emergency, the Chief
Executive in Council approved on 23 February 2022 the making of the
Regulation pursuant to the Emergency Regulations Ordinance (Cap. 241) to
provide the legal basis for implementing anti-epidemic measures supported
by the Central People’s Government (“CPG”). The Regulation was gazetted
on 24 February 2022 and came into operation on the same day. It allows
the HKSAR Government to exempt certain persons or projects from relevant
statutory requirements in respect of licensing, registration and
application, etc., thereby enabling the HKSAR Government to draw on
Chinese Mainland’s support and resources in a flexible and prompt manner
to undertake key anti-epidemic projects at full speed as necessary.
The Regulation empowers the Chief Secretary for
Administration to, for preventing, protecting against, delaying or
otherwise controlling the incidence or transmission of the specified
disease or treating patients with the specified disease, having regard to
the factors set out in the Regulation, grant an exemption in writing to
persons or projects such that they do not have to comply with certain
requirements under enactments (including a requirement for licence,
authority, approval, exemption, permit, registration, standard or
specification).
Since the Regulation came into operation, the Chief Secretary for
Administration has exercised the power to exempt relevant persons or
projects from complying with the relevant statutory requirements on three
types of projects, including –
(1) Granting of exemption for the construction of a hospital for
emergency use located in the Lok Ma Chau Loop and the works projects for
other community isolation and treatment facilities, all supported by the
CPG, including the temporary bridges for point-to-point transportation and
conveyance between Shenzhen and the fenced-off construction site in the
Lok Ma Chau Loop, with a view to completing these projects as soon as
possible.
(2) Granting of exemption to allow operators of Residential Care
Homes for the Elderly (“RCHEs”) to use suitable premises other than those
approved under the relevant licence(s) to separate and take care of
COVID-19 confirmed and non-confirmed elders, with a view to protecting
their safety and health. The relevant RCHEs would need to obtain the
Social Welfare Department’s agreement.
(3) Granting of exemption for the Mainland medical support
personnel who have come to Hong Kong from the relevant legal requirements
on registration, etc. This provides comprehensive legal protection for
their participation in the treatment of patients in Hong Kong.
The above exempted projects were announced to the public
through different channels including the HKSAR Government’s press
releases, press conferences on anti-epidemic measures, and the Chief
Secretary for Administration’s speeches and blogs.
It should be noted that the exemption power under the
Regulation is, by design, tied to the “specified disease” as defined
therein, namely COVID-19, and may only be exercised for the purpose of
preventing, protecting against, delaying or otherwise controlling the
incidence or transmission of that specified disease, or for treating
patients with that disease. The exemption power is applicable to the
legal requirements in respect of licences, permits, registrations, etc.
Where the objective of preventing or controlling the transmission of
COVID-19 or treating patients with the disease or putting the epidemic
under control is met, the Chief Secretary for Administration may grant an
exemption on the basis of actual needs and in accordance with the law.
Your sincerely,
(Miss Jowena LAU)
Health Bureau
Dear Health Bureau,
Please pass this on to the person who conducts access to information reviews.
I am writing to request an internal review of Health Bureau's handling of my access to information request 'Exemptions under Emergency (Exemption from Statutory Requirements) (COVID-19) Regulation'.
The reply by the Bureau has not provided information requested. Whilst the officer has provided the number of types of projects in which the government cited the Cap 241N, it does not mention the number of instances which the regulation is cited. If no such information is available, please state whether this has been a blanket exemption and under what qualifications may one be granted so.
The response also did not make clear whether the Cap 241N is intended (or under review) to be repealed. The Department of Health had made clear that COVID-19 has become an endemic, similar to flu. Since 241N is "by design" tied to COVID-19 at a time of public health emergency and is solely exercised for preventing, and etc., the transmission of COVID-19, the legitimate justifications for the law at its creation are no longer effective. Will the authorities therefore be considering to repeal 241N, or enact non-emergency laws to serve the purpose?
A full history of my access to information request and all correspondence is available on the Internet at this address: https://accessinfo.hk/request/exemptions...
Yours faithfully,
Bernardo
This is to acknowledge receipt of your enquiry/suggestion. All personal
data provided in your e-mail, if any, will only be used by the Health
Bureau for purposes which are directly related to the processing of your
email. Such personal data may be transferred to other Government
departments/bureaux or concerned parties involved in the handling of your
email. Please read our Personal Information Collection Statement
(http://www.healthbureau.gov.hk/en/contac...) and personal data
privacy protection policy
(http://www.healthbureau.gov.hk/en/notice...). Regards Health
Bureau HKSAR Government (This message is an auto-reply generated by the
email system) 本局已接獲你的查詢/意見。電郵內提供的所有個人資料(如有)，會
用於處理你的電郵或直接相關的用途。有關個人資料可能會轉移給其他政府部門∕政
策局或因處理你的電郵而涉及的有關人士或機構。請參閱本局的《收集個人資料聲明
》(http://www.healthbureau.gov.hk/cn/contac...) 及保障私隱政
策(http://www.healthbureau.gov.hk/cn/notice... 香港特別行政區
政府 醫務衞生局 (此乃電郵系統自動發出的覆函)