Gathering Restriction Order | Pui O private camp with eight people and one battalion "no royal control" Barrister points to gray areas

Social News

Written by: Lao Minyi

2021-01-17 10:00

Last update date: 2021-01-17 10:00

Under the epidemic, citizens cannot travel abroad. Although the restrictions on gatherings have spread to hotel rooms and discouraged staycation group gatherings, some citizens have switched to camping holidays.

Last year, "Hong Kong 01" revealed that a holiday camp was constructed illegally on the Pui O Wetland, and it is still operating as usual.

Recently, under the order of restriction on gathering, the camp still recruited 4 to 8 people in one camp, which raised doubts about violation of gathering restriction.

The staff emphasized that the department is a private land, regulated by an unrestricted gathering order, and there has been no inspection.

Checking the information, the camp did not apply for a hotel license.

As for whether it has violated the gathering restriction order?

When the police responded to the enquiry, they only stated that they had sent personnel to inspect the scene and provided persuasion and follow-up according to the actual situation, but did not issue a fixed penalty notice or prosecute.

Some barristers pointed out that there is a gray area in the regulation of private places, making law enforcement difficult.

The new crown pneumonia epidemic continues, the government’s two-person gathering restriction and social distancing measures have not been relaxed, but many Hong Kong people still hope that the locals can relax.

"Hong Kong 01" found that the "Pei Lang Camp" in Pui O still provides 4-person, 6-person and 8-person camps for public appointments.

Online booking information shows that many days near the weekend are full.

According to the information on the website, the camp has 5 "recreation areas", ranging from RMB 1,800 to RMB 3,200 per night, offering BBQ packages for 2 to 8 people, ranging from RMB 420 to RMB 1,280, with separate toilets. .

The reporter once inquired with the staff as a customer. The staff stated that the camp was a private camp and was not subject to the government's order to restrict gatherings. He emphasized that it was "not a hotel but a real private land," and said that no one had inspected it in the past.

The staff also pointed out that the camps for 4 and 8 people are adjacent to each other, and many citizens choose to make an appointment each, forming a large area for 12 people to gather in disguise.

It can be seen from the online pictures that the camp attracts many families to visit.

Although Beilang Camp provides accommodation, a search of the licensed hotel information of the Licensing Office of the Home Affairs Department has failed to find the relevant registration of Beilang Camp.

When the Home Affairs Department responded to the enquiry, it did not respond positively to whether it had inspected the address. It only stated that if it receives any report of suspected operation of an unlicensed hotel, the Licensing Office will conduct an inspection within 8 working days. Prosecutions will be taken for operating hotels under license.

Gray areas in the regulation of "private places"

The Food and Health Bureau replied that if any room in the venue can be rented for social gatherings, all opportunities in the venue meet the definition of "party room" and must be closed; if the venue meets the definition of "hotel or guesthouse", The applicable instructions under Chapter 599F must be followed, including no more than 4 people per rental unit, but it still depends on the specific circumstances and business model.

A spokesperson for the Food and Health Bureau continued that even if the place is not a place regulated under Chapter 599F, but allowing members of the public or part of the public to enter with or without payment from time to time, it meets the definition of a public place. Chapter 599G The rules on group gathering in the section will also apply.

As for whether the camp involved has violated the assembly restriction order, the police said that it received a complaint in the past six months. After receiving the report, it sent personnel to inspect the site and made persuasion and follow-up actions based on the actual situation. No fixed penalty notice was issued. Book or prosecution.

Barrister Lu Weixiong said that there is a gray area in whether private places are regulated by restricted gathering orders.

He explained that if the land is privately owned and citizens need to pay to enter it, the premises are generally not regarded as public places without free access.

Lu believes that it is more difficult for the authorities to enforce laws against relevant places; conversely, camping vehicles parked in public places and camping are still subject to regulations.

The "nailed contract" is still operating as usual

In addition, the Beilang Camp was found to have been constructed illegally last year, and it is still operating as usual.

The Lands Department stated that the Outlying Islands Lands Administration issued a warning letter to the landowner in the middle of last year, requesting that the violations be corrected before the deadline, but it was not corrected.

The prescription has sent a warning letter to the Land Registry to register under the relevant lot (commonly known as a "fixed contract"), and reserves the right to take further enforcement of the contract terms.

"Hong Kong 01" had inquired about the suspected violation of the regulations, but no reply was received before the deadline.

▼Social distancing measures will continue until January 20▼

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