For Hong Kong Organizations

We thank Latham & Watkins LLP (questions 1-5) and Linklaters (questions 6-10) for providing the answers to these questions.

1. If a Covid-19 case is traced to one of our employees, does our organization have any liability or other risks?

2. If a Covid-19 case is traced to one of our beneficiaries, does our organization have any liability or other risks?

3. If someone contracts Covid-19 and can be traced to our organization’s premises of place where one of our activities took place, does our organization have any liability?

4. Our organization works with delivery or provision of food and drinks, are we at more risk of additional liability during the coronavirus outbreak? If so, what additional precautions should we take?

5. Our organization works with vulnerable people (e.g. the elderly, children), are we at more risks of additional liability during the coronavirus outbreak? If so, what additional precautions should we take?

6. As an organization, do we have a duty of care towards our beneficiaries and other stakeholders (e.g. contractors, visitors) to ensure they are protected from Covid-19? If so, what is the extent of that duty?

7. Our organization had booked flights and hotels to attend events, which have now been cancelled as a result of Covid-19. If we are not able to get refunds from the airlines and the hotels, are we able to claim the cost from travel insurance?

8. Our organization had booked flights and hotels to attend events which have NOT been cancelled, but our staff do not feel comfortable proceeding with the plan, are we able to cancel the flights and hotels and claim the cost from travel insurance if we cannot get a refund?

9. Our organization has suffered a loss in income because of the Covid-19, to what extent would that loss be covered by our insurance policy?

10. In the event of another wave of Covid-19 or other pandemic in the future, what can our organization to do to mitigate any risks or liabilities that may arise? Can you suggest some practical steps?

Any legal question related to Covid-19 can be answered by the lawyers in PILnet’s network through the Covid-19 virtual clinic. For other legal assistance, submit a clearinghouse request.