Hong Kong ‘partygate’ scandal: restaurant operator fined HK$6,000 for breaching Covid-19 rules
- Representative of Win Project pleads guilty at Eastern Court for failing to comply with statutory requirements while running Reserva Iberica Tapas Bar and Cafe
- Spanish restaurant held bash for Witman Hung, a local deputy to country’s legislature, as he celebrated birthday with about 200 guests, including top officials and lawmakers
The operator of a restaurant that hosted a scandal-hit birthday party attended by top Hong Kong officials and lawmakers in early January has been fined HK$6,000 (US$770) for breaching Covid-19 regulations at catering premises.
A representative of Win Project Limited pleaded guilty at Eastern Court on Friday for failing to comply with statutory requirements while running Reserva Iberica Tapas Bar and Cafe in Wan Chai on January 3.
The Spanish restaurant was the venue of the bash thrown for Witman Hung Wai-man, a local deputy to the country’s legislature, as he celebrated his 53rd birthday with more than 200 guests.
Held as the city faced an Omicron outbreak that sparked a fifth wave of infections, the event caused embarrassment to the administration, with then home affairs minister Caspar Tsui Ying-wai later stepping down amid an uproar.
Deputy Magistrate Gary Chu Man-hon said the company’s failure to safeguard customers and protect public health called for a deterrent sentence, which also sent a clear message to the industry and public that anti-epidemic rules must be strictly followed.
“The court cannot overlook in sentencing the risk of spreading the virus in the community [because of the breach],” Chu said. “Everyone must play their part in fighting the pandemic, but the defendant neglected that it owed a civic duty to protect public health.”
He ordered the company to settle the fine within three weeks.
A Food and Environmental Hygiene Department prosecutor said the restaurant had failed to display the correct notice and layout plan indicating it was operating as a “type D” catering premise, with a maximum capacity of 240 and up to 12 patrons at a table. Instead, it purported to have qualified as both type C and D catering premises.
The venue also failed to tell the public about its air exchange rate and whether a purifier had been installed.
In mitigation, the defence counsel urged the court to accept the breach was technical, saying the company had obtained the necessary licences that made the restaurant eligible to host the January 3 party.
The counsel said the restaurant had complied with other legal requirements, such as having attendees produce proof of vaccination before entry, and that only two people had been diagnosed with Covid-19 after the celebration.
The Wan Chai outlet had only opened in mid-December and employees had insufficient time to fully grasp the relevant regulations, the counsel said, adding the defendant had already suffered losses due to “incomplete and inaccurate” media reports.
But the magistrate said the legal requirements were not publicised at short notice and the restaurant could not use that as an excuse.
Failure to comply with public health directions in catering businesses is punishable by up to six months’ imprisonment and a HK$50,000 fine, but a sum between HK$2,000 and HK6,000 is adopted in cases in general.
Earlier this month, the department issued seven fixed-penalty tickets to six people found to be in breach of rules during the party, but did not disclose their identities citing protection of personal data.
Four of the tickets concerned the failure to use the government’s “Leave Home Safe” risk-exposure app at the venue. The other three were for breaches of mask-wearing rules.
All payments have been settled, according to a department press release on April 6.
Guests at the party included police top brass and bosses of the immigration and anti-corruption agencies. About 20 lawmakers also attended.
