A woman scans a QR code for the government's COVID-19 Vaccine Pass at a restaurant in Hong Kong on Feb 26, 2022. (BERTHA WANG / AFP)

HONG KONG - A man was fined HK$8,000 by the Kowloon City Magistrates' Courts on Friday for breaching regulations under the Vaccine Pass’ red code function, the first court conviction of such a violation since the red code was introduced in early August. 

Under the enhanced Vaccine Pass function, Hong Kong residents infected with COVID-19 are issued with the red QR code through the government’s LeaveHomeSafe contact tracing app.

Red code holders who go to catering premises or specified premises under the Prevention & Control of Disease (Requirements & Directions) (Business & Premises) Regulation commit an offense and are subject to a maximum fine of HK$10,000

The red code is applicable to all confirmed cases, including people under home isolation and those in community isolation facilities. It will remain in place throughout their isolation period and turn blue once they have recovered from the virus, according to the government.

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The 18-year-old was notified of his positive COVID-19 test result on Aug 30. During the period when a red code was displayed in his Vaccine Pass, he left his residence, took public transport and attempted to enter a catering premise under the pass on Sept 3, according to the government.

He was charged with contravening section 32(1) and 32(3) of the Prevention & Control of Disease Regulation.

Under the regulation, anyone knowing that they have acquired a specified infectious disease should not “expose others to infection risk by their presence or conduct in any public conveyance or any street, public place, place of entertainment or assembly, club or hotel.” 

A breach of the regulation constitutes a criminal offense and offenders are subject to a maximum fine of HK$10,000 and imprisonment for six months.

In addition, red code holders who go to catering premises or specified premises under the Prevention & Control of Disease (Requirements & Directions) (Business & Premises) Regulation commit an offense and are subject to a maximum fine of HK$10,000.

The government’s Department of Health said the sentence sends a clear message to the community that it is a criminal offense to expose the public to infection by leaving the designated place of isolation without permission during the period of confirmed COVID-19 infection.

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It added that it would cooperate with other departments to stringently follow up on non-compliant cases and will consider prosecution based on investigation results and evidence.

The government said it would not tolerate violations and reminded the public to comply with the relevant regulations.