Prevention and Control of Disease (Wearing of Mask) (Public Transport) Regulation
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