Shenzhen issued several notices in succession amid the epidemic; how many laws and regulations are behind them?

[2] Compiled from: Today's Administrative Talk
 
Recently, the COVID-19 situation in Shenzhen has been fluctuating, and relevant authorities have issued several notices in succession: three rounds of citywide mass nucleic acid testing will be conducted; from March 14 to 20, non-essential businesses shall suspend operations or work from home; all residential communities in the city shall be placed under closed management; all non-essential movement and activities shall be suspended; and all buses and subways in the city shall be halted.

 

 
[4] So, what laws and regulations are behind these notices?
 
[5] 1. City-Wide Nucleic Acid Testing for All Residents
 
All residents in the city shall complete each round of full-scale nucleic acid testing in accordance with the requirement of "testing all those who need to be tested, with no one left out." Residents are requested to pay close attention to the nucleic acid testing schedule in their respective areas, participate in the testing in staggered time slots as notified by their subdistrict and community, take proper personal precautions, and return to their residences immediately after testing is completed.
 
Article 12 of the Law on the Prevention and Control of Infectious Diseases
 
All units and individuals within the territory of the People's Republic of China must accept preventive and control measures such as investigations, tests, sample collection, and isolation treatment related to infectious diseases carried out by disease prevention and control institutions and medical institutions, and must truthfully provide relevant information. Disease prevention and control institutions and medical institutions shall not disclose information or materials involving personal privacy.
 
If health administrative departments, other relevant departments, disease prevention and control institutions, or medical institutions violate the law in implementing administrative management or preventive and control measures, thereby infringing upon the lawful rights and interests of units and individuals, the relevant units and individuals may apply for administrative reconsideration or file a lawsuit in accordance with the law.
 
II. Non-urban security enterprises shall suspend operations or work from home
 
Except for public service enterprises that ensure the daily life and basic operation of the city, such as water, electricity, fuel, gas, communications, sanitation, and the supply of grain, oil, meat, and vegetables, as well as enterprises that ensure supply to Hong Kong, all enterprises shall work from home and suspend production and business activities. Except for daily necessities supermarkets (including farmers' markets), pharmacies, medical institutions, and catering enterprises (which only provide delivery and takeout services) that meet the basic needs of citizens, all other business premises and stores shall suspend operations.
 
Article 64 of the Emergency Response Law
 
[1] If a relevant entity falls under any of the following circumstances, the people's government responsible for unified leadership at its location shall order it to suspend production or business operations, temporarily seize or revoke its license or business permit, and impose a fine of not less than 50,000 yuan but not more than 200,000 yuan; if the act constitutes a violation of public security administration, the public security authority shall impose a penalty in accordance with the law:
 
[2] (1) Failing to take preventive measures as required, resulting in the occurrence of a serious emergency;
 
[3] (2) Failing to promptly eliminate discovered hidden dangers that may cause an emergency, resulting in the occurrence of a serious emergency;
 
[4] (3) Failing to properly carry out daily maintenance and inspection of emergency equipment and facilities, resulting in the occurrence of a serious emergency or the escalation of harm from an emergency;
 
[5] (4) Failing to promptly organize emergency rescue work after the occurrence of an emergency, causing serious consequences. If other laws or administrative regulations stipulate that the relevant department of the people's government shall decide on the penalty for the acts specified in the preceding paragraph, those provisions shall apply.
 
[6] Article 77 of the Law on the Prevention and Treatment of Infectious Diseases
 
Units and individuals who violate this Law, causing the spread or epidemic of infectious diseases and harming others' personal or property rights, shall bear civil liability in accordance with the law.
 
3. Cease all non-essential movement and activities.
 
Except for transportation that ensures the operation of the city and the freight of supplies to Hong Kong, buses and subways across the city are suspended. Closed-off management is implemented in communities, residential compounds, urban villages, and industrial parks across the city. All residents in the city are required not to leave Shenzhen unless necessary. Those with truly special needs must present a 24-hour negative nucleic acid test certificate before leaving Shenzhen.
 
Article 49 of the Emergency Response Law
 
After the occurrence of a natural disaster, accident, or public health event, the people's government exercising unified leadership may take one or more of the following emergency response measures:
 
(2) Rapidly control the source of danger, mark dangerous areas, seal off dangerous locations, delineate警戒 zones, implement traffic control, and other control measures.
 
Article 42 of the Law on the Prevention and Treatment of Infectious Diseases
 
When an infectious disease breaks out or becomes epidemic, the local people's government at or above the county level shall immediately mobilize forces to carry out prevention and control in accordance with the prevention and control plans, cut off the transmission routes of the infectious disease, and when necessary, upon decision by the people's government at the next higher level after report, may take the following emergency measures and make a public announcement:
(1) Restrict or suspend market gatherings, theater performances, or other crowd-gathering activities;
(2) Suspend work, business, and classes;
(3) Seal off or seal up public drinking water sources, food, and related items contaminated by the pathogens of the infectious disease;
(4) Control or cull infected wild animals, livestock, and poultry;
(5) Close off places that may cause the spread of infectious diseases.
 
(6) When the higher-level people's government receives a report from the lower-level people's government regarding the adoption of the emergency measures listed in the preceding paragraph, it shall make a decision promptly.
 
(7) The lifting of emergency measures shall be decided and announced by the original decision-making authority.
 
[1] The author's perspective
 
(8) Epidemic prevention and control is everyone's responsibility. At this critical moment concerning people's lives, each of us must cooperate and not adopt a passive resistant attitude. Actively participate in nucleic acid testing, strictly implement home quarantine policies, avoid gatherings, and try not to go out.
 
(9) Based on the above facts and legal provisions, it is clear that the series of mandatory measures taken by the government and relevant departments are not only necessary but also entirely lawful and justified. For example: conducting temperature checks on incoming personnel, requiring suspected COVID-19 patients and their close contacts to undergo home medical observation or quarantine observation, and controlling the operation of transportation vehicles when necessary. What we can do is fully cooperate with epidemic prevention and control efforts, avoid causing trouble for society, and not become obstacles in the path of practice. Otherwise, not only will the virus come knocking, but the law will not let you off easily.
 
(10) We firmly believe that although Shenzhen has pressed the pause button, it is for a better sprint in the future. Under the blue sky and white clouds, we fight the epidemic together, working to return a beautiful tomorrow to Shenzhen!