Page:Prevention and Control of Disease (Use of Vaccines) Regulation (Cap. 599K).pdf/10

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Prevention and Control of Disease (Use of Vaccines) Regulation

L.N. 258 of 2020
Section 10
B3939

10. Jurisdiction and immunity

(1) Subsection (2) applies to a person who—

(a) prescribes or dispenses an authorized vaccine for administration to a recipient for a specified purpose; or
(b) is responsible for administering an authorized vaccine to a recipient (within the meaning of section 8(2)) for a specified purpose.

(2) The person is not civilly liable for any loss or damage caused to the recipient by an act done or omitted to be done by the person in good faith in relation to the administration of the vaccine to the extent that the loss or damage results from any risk as to the safety of the administration of the vaccine attributable to the intrinsic property of the vaccine as manufactured.

(3) Subsection (2) does not affect any liability of the Government or any person to whom that subsection does not apply for the loss or damage referred to in that subsection.

(4) The courts of Hong Kong have exclusive jurisdiction over a claim of a recipient of an authorized vaccine administered for a specified purpose in relation to the vaccine.

11. Certain notices are not subsidiary legislation

A notice published under section 3(6), 4(2)(b), 5(2) or 6(3)(b) is not subsidiary legislation.

12. Expiry

(1) This Regulation expires at midnight on 23 December 2021.