by Hong Tran, Partner, Mayer Brown and Co-Firm Practice Leader of the global Employment and Benefits Group
New COVID-19 social distancing rules commenced on 29 April 2021. For catering businesses (excluding bars and pubs, which have their own rules), there are now four modes of operation under which they can operate dine-in services. These have been set out below by Mayer Brow for quick reference.
| Catering Businesses (excluding bars and pubs) |
Mode A | Mode B | Mode C | Mode D | ||
| Dine-in Service Hours | 5:00 a.m. – 5:59 p.m. Everyday |
5:00 a.m. – 9:59 p.m. Everyday |
5:00 a.m. – 11:59 p.m. Everyday |
5:00 a.m. – 1:59 a.m. (next day) Everyday |
||
| Maximum Capacity (% of normal seating capacity at any one time) |
50% | 50% | 50% | 75% | ||
| Maximum no. of People per Table | 2 | 4 | 6 | 8 | ||
| Use of "LeaveHomeSafe App" (LHS App) or Specified Form | N.A. | Use LHS App or specified form | LHS App* | LHS App* | ||
| Vaccination | Staff | Not required | Not required - But need COVID-19 test** every 14 days |
Required - Need at least the first dose |
Required - Need 2 doses plus wait 14 days after 2nd dose |
|
| Exemptions | N.A. | N.A. | Submit declaration form and a medical certificate + Undergo COVID-19 test** every 7 days |
Submit a declaration form and a medical certificate + Undergo COVID-19 test** every 7 days |
||
| Customers | Not required | Not required | Not required | Required - Received at least the first dose |
||
| Maximum no. per Banquet | 20 | 20 | 20 | 100*** | ||
* People aged under 15 or below accompanied by an adult can be exempted. People aged 15 or below not accompanied by an adult and those aged 65 or above would be required to provide information on the visit with a specified form instead.
** Only polymerase chain reaction-based nucleic acid test using combined nasal and throat swabs are accepted.
*** Participants in a banquet of more than 20 persons are required to receive the first dose of a vaccine. Those aged 16 or above who are unfit to receive vaccination for health reasons must complete a declaration form which can be found here and present a medical certificate, as well as a negative result of a PCR COVID-19 test received on the banquet date or within the preceding three days. Those aged 6-15 only need to submit this COVID-19 test.
Modes C and D are the new arrangements introduced under the Government's "vaccine bubble", with Modes A and B being previously in place. A catering business (excluding bars and pubs) can designate the whole or part of a premises as "Designated Zone C" and/or "Designated Zone D", provided within each of those zones they comply with the respective rules relating to the mode of operation.
Business operators can now download a mobile app (currently only available on Android phones) from the Food and Environmental Hygiene Department to inspect customers' vaccination records. Details as to the installation of the app can be found here: https://www.fehd.gov.hk/english/events/covid19/vaccination_record_app.html
Details of other changes introduced under the Government's vaccine bubble can be found here: https://www.info.gov.hk/gia/general/202104/28/P2021042800868.htm.
Paul Arkwright
Publisher
