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Validity of voluntary isolation questioned

 

Legal experts have been weighing up the validity of a host of non-governmental measures introduced by communities to tackle SARS.

A number of villages in suburban areas have reportedly closed themselves off to outsiders with villagers guarding the entrances.

Working units and communities have also intensified security management to ward off anyone who does not work or live there.

These measures lack government authorization and are borne from mounting public fears of the killer disease.

Such actions have proved inconvenient to people seeking face-to-face contacts, with many local residents doubting their legality.

"I found it almost impossible to visit my mum at weekends without a pass issued by her community," said Xiao Wang, a 29-year-old employee with a local computer manufacturer.

Yu An, professor of administrative law with the Law School of Tsinghua University, said the measures were different from those taken by the government according to the Law on Prevention and Control of Contagious Disease.

As a measure to effectively cut the spread of SARS, the Beijing municipal government has closed some areas of the capital. Information on the quarantined areas is released and updated by local media.

Yu said there is no explicit legal provisions to support the voluntary quarantine measures.

"Only the government health authorities and the epidemic prevention authorities have the power to quarantine according to the Law on Prevention and Control of Contagious Disease," said Wang Yue, vice-director of the Health Law Department with Peking University Health Science Centre.

But an official with the Legislative Affairs Commission under the Standing Committee of the National People's Congress, the country's top legislative body, said they could be viewed as autonomy by the people.

Ma Huaide, professor and director of the Law School with China University of Politics and Law, said: "Self-isolation is understandable when the world has not learned much about the disease."

But Ma said these preventive measures should follow certain procedures.

(China Daily MENG YAN 19-05-2003)

 

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