Back when China was in the midst of the serious and deadly SARS virus, the country promulgated the “Regulation on Responses to Public Health Emergencies”, on 9 May, 2003. The Regulation provides us with some form of experience in facing such emergencies.
According to the Regulation, “Public Health Emergencies” refers to “sudden outburst of a serious contagious disease, colonial disease of unknown causes, important alimentary or occupational toxicosis, that has caused or may cause severe effect on the health of the general public, and to other incidents that severely affect the health of the general public”.
For example, the government shall be allowed to take measures such as isolating the scene, confirming and blocking the affected areas. This is the legal basis for the government to stop buses, metro rail transport, trains and airplanes. In addition, the government was also able to block the highways in and out of Wuhan.
On 21 January, 2020, The World Health Organization (WHO) issued a situation report related to the Novel Coronavirus (latterly Covid-19). This was followed by additional announcements, leading to the WHO declaring that the outbreak was a Public Health Emergency of International Concern on 31 January.
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Just several days before the report, a community in Wuhan City held a large dinner party to celebrate the Chinese Lunar New Year, at which were more than 40,000 families. As the situation at that time was not deemed as serious as a “Public Health Emergency”, it is not appropriate to directly blame the government or the community for allowing the holding of such a large event.
However, people need be on alert regardless of whether they are in Wuhan or not. As The Law of the People’s Republic of China on the Prevention and Treatment of Infectious Diseases regulates, when necessary, the government may restrict or suspend fairs, cinema shows, theatrical performances and other types of mass gatherings.
There followed the regulations that people shall wear masks in public places. On 25 January, the Nanjing Government announced that people in places such as hotels, restaurants, bars, shopping malls and public areas with high traffic shall wear masks, and that people without masks are not allowed to enter such areas. For those who object to such orders, they may be punished according to Law on Penalties for the Violation of Public Security Administration.
Upon the outbreak of Covid-19, protective masks became in short supply and some stores multiplied the prices thereof. For this issue, the government has clearly declared that those who disturb the social and market order will be punished by the police or by the Administration of Industry and Commerce.
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For anyone who has already bought masks at an exorbitant price, be sure to keep the receipts for compensation at a later date.
For anyone who has been confirmed or suspected of being infected, if they escape from isolation, they may have committed the offence of spreading infectious-disease pathogens. In Sichuan, one person coming back from Wuhan rejected to stay at home and was forced to be isolated in a special isolation area.
To protect everyone from the hazardous disease, efforts of the government and hospitals are not enough. While illegal behaviour will eventually be punished, the harm could be irrevocable and difficult to remedy. Therefore it is important for every citizen to obey the country’s laws and regulations, even in the midst of the Coronavirus outbreak.
DISCLAIMER
This article is intended solely for informational purposes and does not constitute legal advice. Although the information in this article was obtained from reliable official sources, no guarantee is made with regard to its accuracy and completeness. For more information please visit dandreapartners.com or WeChat: dandreapartners
