15 May 2020
Introduction
After the SARS breakout in 2003, the Law n. 2/2004 (also called the Law on the prevention, control and treatment of infectious diseases) was enacted specifically to maintain public health and security when infectious diseases appear.
Facing the novel coronavirus outbreak, the Macau SAR Government has adopted urgently needed measures against the Covid-19 under said law.
The 2019 novel coronavirus (2019-nCoV or Covid-19) was first detected in the city of Wuhan, Hubei Province, China, in December 2019. Quickly spreading throughout all Chinese provinces, Macau faced the situation putting in place different preventive measures under the Law n. 2/2004.
After more than 30 days without any new cases, some measures were revoked. In March, with the virus spreading tremendously fast worldwide, Macau had to reinforce measures in order to contain the re-appearance of the virus in the Region. As of March 27, the Region has 33 new imported cases.
Entering and Leaving Macau SAR
According to the Article 10.1 and 10.2(1) of the Law n. 2/2004, the Government may require persons entering Macau SAR to declare their health status. Under these provisions, all travelers entering Macau are required to declare their health status relating to symptoms of infectious diseases starting from January 24th.
As stated by Article 10.2(2) of the Law n. 2/2004, the Government may require persons entering Macau SAR to provide valid medical certificates of health. Under this provision, starting from January 27th, all those travelling from Hubei Province and those who have been to Hubei Province within the past 14 days are required to present a medical certificate of no infection with the novel coronavirus. Also, starting from February 20th, all holders of non-resident worker’s identification card seeking to enter the Macau SAR who, within the past 14 days prior to their entry, have visited the Mainland China, are required to submit to medical observation for 14 days in Zhuhai city at a place designated by the sanitary authority and to obtain a medical certificate of no infection with the novel coronavirus issued by the health department of Zhuhai City, before entering in Macau.
According to the Article 10.2(3) of the Law n. 2/2004, the Government may require persons entering Macau SAR to submit to medical examination. Under this provision, in force since February 20th, all persons arriving from Chinese high-incidence areas, such as Guangdong, Henan, Zhejiang, Chongqing, Beijing and Shanghai, within the past 14 days prior to their entry in Macau, must submit to medical examination, having to stay from 6 to 8 hours under examination before crossing the border. The same measure is applicable to Macau residents with an abnormal number of times of border crossing within a day.
Under the provisions of Article 14.1(1) – which states that all infected persons, those suspected of having been infected or at risk of infecting others must submit to medical observation – it is now rule that starting from March 17th, all persons arriving from countries or regions outside China must, at the discretion of the health authorities, undergo medical observation at a designated place for 14 days before resuming their affairs in Macau. The same measure is being applied, since March 25th, to those who have been in Hong Kong SAR and in Taiwan.
In accordance with Article 25.1 (3) (4) of the Law n. 2/2004, the Government may restrict or prohibit non-residents who are suspected of having been infected or at risk of infecting others, or that are arriving from countries with the occurrence of the disease, from entering or leaving Macau.
Therefore, starting from March 18th, all non-Macau residents have been banned from entering Macau, except for those with residency in the Mainland China, Hong Kong SAR or Taiwan. Since March 19th, all holders of non-resident worker’s identification
card are banned from entering Macau, except holders of non-resident worker’s identification card who have resident status in Mainland China, Hong Kong SAR or Taiwan. Starting from March 25th, all residents of Mainland China, Hong Kong SAR Taiwan who have been to countries/ areas outside China in the past 14 days are banned from entering the Macau SAR.
Restriction of Activities during the outbreak
Article 25.1 (7) of the Law n. 2/2004 gives the Government the power to restrict or prohibit the exercise of a certain type of activities or the operation of a specific type of establishment that may cause the occurrence or spread of infectious diseases. Under this provision, the venues authorized for the practice of gambling activities by the Macau Government were closed on February 4 and the measure was revoked on February 20. All the cinemas, theaters, indoor amusement parks, amusement machines and video games rooms, internet cafes, billiard and bowling rooms, saunas and massage establishments, beauty salons, gymnasiums, health clubs and karaoke establishments, bars, night clubs, discotheques, dance and cabaret rooms were also closed on February 4 and the measure was lifted on March 2.
Final considerations
In conclusion and in our opinion, the measures were adopted properly and decisively by the Macau Government, which had an effective prevention of the Coronavirus’ large-scale spread in the Region. We hope this historic epidemic can be defeated by all mankind’s efforts and the day when all Macau residents can take off the masks from their faces will arrive as soon as possible.
For further information, please contact:
Pedro Cortés, Partner, Rato, Ling, Lei & Cortes – Advogados
cortes@lektou.com
