Page:Prevention and Control of Disease (Wearing of Mask) (Public Transport) Regulation (Cap. 599I).pdf/4

Prevention and Control of Disease (Wearing of Mask) (Public Transport) Regulation L.N. 143 of 2020 Section 5 5. Powers exercisable if mask not worn

(1) If an authorized person reasonably considers that another person (that person) is, in contravention of section 4(1), not wearing a mask, the authorized person may—
 * (a) if that person is boarding a public transport carrier or entering an MTR paid area—deny boarding to the carrier, or entry to the area, to that person; or
 * (b) if that person is on board a public transport carrier or present in an MTR paid area—
 * (i) require that person to wear a mask; and
 * (ii) if that person fails to comply with the requirement made under subparagraph (i)—require that person to disembark from the carrier or leave the area.

(2) If a person fails to comply with a requirement made under subsection (1)(b)(ii) by a police officer, the police officer may—
 * (a) remove the person from the public transport carrier or MTR paid area; and
 * (b) use reasonable force in exercising the power under paragraph (a).

(3) An authorized person may exercise a power under subsection (1)(b) or (2) only if the authorized person reasonably considers it necessary and proportionate to ensure compliance with section 4(1).

(4) A person is not entitled to a refund of, or to deny the liability to pay, any transportation fee only because the person is, under subsection (1)(b) or (2)—
 * (a) required to disembark, or removed, from a public transport carrier; or