第3階段的防疫管制措施

承上兩篇的課題續談。

新南威爾斯省在3月31日起進入第3階段的防疫管制(stage 3 restriction), 措施極其嚴苛(draconian), 也滋生很多問題, 我尤其多, 因為朋友都把問題拿來問我。嚴苛法例一出, 謡言隨之滿天飛。上一篇有朋友叫我別受困擾, 於我而言, 我仔細看過法例, 總有能力分辨傳言的真偽, 但我還是要寫, 因為要寫給受困惑的人看。除了純文字的whatsapp謠言外, 還有精心設計的相片及聲稱的告票。相片顯示在Eastwood的蔬果店外, 有幾個人, 另有兩個警察, 相片的文字描述是「朋友的朋友在排隊太近買生果, 罰了$1000」(看了描述我爆笑, 太近作何解? 和水果靠得太近嗎? ) 相片下面附上另有一張疑似告票的東西。我看了相片, 覺得相片本身neither here nor there, 單憑警察在場, 不能證明有人違例, 引致警察發告票, 警察究竟在處理其他事情抑或在買水果呢? 疑似告票的東西更離譜, 那張紙根本是一張給警察的內部指引, 訂明在發告票時先要徵詢上級同意、依據的法例章節、違例事項定額罰款的編號等。一張定額罰的告票, 無異於交通違例告票的格式, 不會是長篇大論的A4紙, 除非是法庭傳票。當然, 我沒有親眼見過一張這種on-the-spot infringement notice。但在瘋傳的是social distancing不夠1.5米而受到檢控, 我可以百份之一百講是假的東西, 因為部長指令(ministerial direction/order)的憲報裏, 從未訂立這方面的法例, 就算以後有第4第5階段的防疫管制, 也一定不會訂立1.5米人距的法例, 理由很簡單, 因為無法遵守和執行。法例沒有訂出清晰字眼, 即是沒有訂明與別人分隔不足1.5米便屬違法, 提出檢控又怎能成立。

昨天早上新省警務處長及律政司長在新聞發佈時已確認, 沒有任何一宗涉及沒有合理辯解離家及社交距離不足的檢控, 所以甚麼買東西跟人距離太近而收告票的講法全屬謊言, 昨天以前已檢控的13宗只涉違反隔離令及違反不能營業的命令。

不過, 這些新規例的執行是不斷發展的, 今午(2 April)5:46 pm警察網站就描述了過去24小時發出告票的情況, 大家可以參考一下被控案件的性質。(貼在本文底部)*

這Public Health (COVID-19 Restrictions on Gathering and Movement) Order 2020 列出16種離家的合理辯解(reasonable excuses), 指令的第5條這樣講:

5  Direction of Minister concerning staying at home

(1) The Minister directs that a person must not, without reasonable excuse, leave the person's place of residence.

(2) For the purposes of subclause (I), a reasonable excuse includes doing an activity specified by Schedule I.
Note. Examples of a reasonable excuse in Schedule 1 include leave for reasons involving-
(a) obtaining food or other goods and services, or
(b) travelling for the purposes of work or education if it is not possible to do it at home, or
(c) exercise, or
(d) medical or caring reasons.

去超市、街市、店鋪購買食物及其他東西而離家當然是名正言順的, 如果我為別人買東西, 他們到我家來拿, 他們也屬於"obtaining food and goods"而離家, 只要拿完就走就不構成聚集。那麼 "obtaining...services" 涵蓋甚麼? 多囉。總理舉了這例子: 去Centrelink申請失業救濟。其實去郵局寄信, 去郵箱取信, 去電訊公司申請手機或網絡計劃, 去理髮染髮諸如此類, 都屬於services, 都屬法律上容許離家外出的合理辯解。

有朋友問我, 可以跟朋友一起去買東西嗎? 只要同行(包括在車上)的朋友只有一個, 就可符合不超過兩人聚集的限制了。朋友又問, 容許去運動, 那麼可以去釣魚嗎? 如果魚兒不斷上釣又大條, 當然會花不少體力, 但釣魚本身並非運動的一種, 我就不會去釣魚。

也有朋友問, 子女孫兒可以探訪不同住的祖父母嗎? 我恐怕不成, 除非是第6(2)(g)的情況

(g) a gathering to provide care or assistance to a vulnerable person

一則祖父母未必是vulnerable persons, 就算是又未必有需要子女孫兒一起去探望, 這樣離家就沒有合理辯解了。況且立例的目的是要減低人與人之間的接觸, 希望減低傳播率, 我的家庭醫生在新限制施行之前也不去探望自己的父母, 就是怕感染他們。我的忠告是, 盡量留在家中, 出門之前想好出門符合法律的理由, 在街上碰到親戚朋友也不要攀談。


*
Breakdown of Penalty Infringement Notices (PINs) in the past 24 hours

Thursday, 02 April 2020 05:46:21 PM

A total of 13 Penalty Infringement Notices (PINs) were issued yesterday in relation to alleged breaches of the Public Health Act:

INDIVIDUALS

- Just after midnight (Wednesday 1 April 2020), police were patrolling Artarmon when they saw two men standing together on the Princes Highway. It’s alleged that as officers approached, one of the men ran – but was chased and eventually stopped by police. Both men gave varying accounts about why they were out, however neither satisfied the requirements stipulated by the Public Health Order. The men – aged 19 and 24 – were searched, issued with infringement notices and moved on.

- About 1.30am yesterday (Wednesday 1 April 2020), officers attached to New England Police District stopped a vehicle on Adelaide Street, Moree, for the purposes of a roadside breath test. The driver, a 34-year-old woman, was unable to provide a reasonable excuse for leaving her home in Coonamble and was issued with a penalty infringement notice.

- About 1.30am yesterday (Wednesday 1 April 2020), police stopped a car in Coonamble containing five people and gave them a verbal warning about social distancing, public gatherings and non-essential travel. It will be alleged that at 8.45am the same morning, one of the occupants of the vehicle – a 21-year-old woman – was spotted by officers walking around Coonamble without a legitimate excuse. She was issued with an infringement notice.

- Yesterday about 3.15am (Wednesday 1 April 2020) officers from Orana Mid-Western Police District fined a 23-year-old man for not comply with noticed direction (Section 7/8/9 – COVID-19). The man was given a warning by police the previous evening, before being caught leaving his home a second time without a reasonable excuse.

- About 9.15am on Friday 20 March 2020, a 28-year-old man arrived in Australia from New Zealand, with two travel companions and was informed of his obligations to enter a 14-day self-isolation period in his home due to COVID-19. About 10.30am yesterday (Wednesday 1 April 2020), officers attached to Riverina Police District attended the man’s registered address in Gundagai to conduct a welfare and compliance check. The man was not home and was later stopped by police driving his vehicle on Sheridan Street. For failing to self-quarantine, the man was issued with a Penalty Infringement Notice.

- About 4pm (Wednesday 1 April 2020), police saw two men sitting together at Caseys Beach Reserve, Batehaven, drinking alcohol. When officers spoke with the pair, it’s alleged they became abusive and claimed they were exercising. One of the men, aged 41, was charged with an unrelated offence and issued an infringement notice in relation to breaching a Public Health Order. The other 44-year-old man was issued an infringement notice, searched and moved on from the area.

- Just before 6pm (Wednesday 1 April 2020), police attended a single vehicle crash on Union Road, Lavington. The car’s only occupant – a 51-year-old man – was not injured, but allegedly told police he had left his home in order to visit his drug dealer. The man was arrested and taken to hospital for blood and urine testing. Checks revealed he was disqualified from driving. He was issued with a Future Court Attendance Notice for driving whilst disqualified (2nd+ offence) and given an infringement notice for contravening a Public Health Order.

- A man and a woman were fined yesterday (Wednesday 1 April 2020), after police patrolling Scott Street, Muswellbrook, spotted the pair sitting in a car. Following inquiries, officers attached to Hunter Valley Police District found neither the 32-year-old woman or the 27-year-old man had a reasonable excuse not to be at home.

- Yesterday, a 21-year-old man ignored two warnings to be fined $1000 for failing to comply with Ministerial directions under the Public Health Act. Officers attached to Newcastle City Police District found the man for the third time that day (Wednesday 1 April 2020), on Market St eating a kebab on a bench.

BUSINESSES

- Officers from Lake Macquarie Police District attended a remedial massage business on Harrison Street, Cardiff, about 4pm yesterday (Wednesday 1 April 2020), following information it was continuing to operate. Police observed several customers enter and leave the premises. The operator, a 57-year-old woman, was spoken to and issued a $5,000 PIN for failing to comply with noticed direction (Section 7/8/9 – COVID-19).