| An Ordinance to regulate homes established for the residential care of persons who have attained the age of 60 years. (Enacted 1994) [The Ordinance other than section 6］ 1 April 1995 L.N. 95 of 1995 Section 6 ［ 1 June 1996 L.N. 121 of 1996] (Originally 90 of 1994) Cap 459 s 1 Short title PART I PRELIMINARY (1) This Ordinance may be cited as the Residential Care Homes (Elderly Persons) Ordinance. (2) (Omitted as spent) (Enacted 1994) Cap 459 s 2 Interpretation In this Ordinance, unless the context otherwise requires- "Appeal Board" (上诉委员会) means the Appeal Board constituted under section 14; "certificate of exemption" (豁免证明书) means a certificate of exemption issued under section 7(2) or renewed under section 7(5); "Chairman" (主席) means the person appointed as Chairman of the Appeal Board under section 13; "Director" (署长) means the Director of Social Welfare; "inspector" (督察) means a person appointed under section 17 to be an inspector of residential care homes; "licence" (牌照、牌) means a licence issued under section 8(2)(a) or renewed under section 9; "premises" (处所) includes any building, enclosure, ground or open air space; "residential care home" (安老院) means any premises at which more than 5 persons who have attained the age of 60 years are habitually received for the purposes of care while resident therein. (Enacted 1994) Cap 459 s 3 Application (1) This Ordinance shall not apply to- (a) any residential care home maintained and controlled by- (i) the Government; (ii) the Housing Authority;(b) any residential care home used or intended for use solely for the purpose of the medical treatment of persons requiring medical treatment; (c) any residential care home or type or description of residential care home excluded by the Director by order published in the Gazette.(2) An order under subsection (1)(c) may- (a) be made subject to such conditions; (b) be made subject to such geographical limitations; (c) have effect for such period; or (d) have such partial application,as may be indicated in the order. (Enacted 1994) Cap 459 s 4 Exercise of Director's powers (1) The Deputy Director of Social Welfare may exercise any function of the Director under any provision of this Ordinance. (2) The Director may authorize any public officer to exercise any function of the Director under any provision of this Ordinance. (Enacted 1994) Cap 459 s 5 Power of Chief Executive to give directions Remarks: Amendments retroactively made - see 17 of 1999 s. 3 (1) The Chief Executive may give to the Director, the Deputy Director of Social Welfare or to any other public officer such directions as he thinks fit with respect to the exercise or performance of their respective functions under this Ordinance, either generally or in any particular case. (2) A person to whom a direction is given by the Chief Executive under subsection (1) shall, in the exercise or performance of his functions under this Ordinance, comply with that direction. (Enacted 1994. Amended 17 of 1999 s. 3) Cap 459 s 6 Restriction on operating residential care homes unless exempted or licensed PART II RESTRICTION ON OPERATION OF RESIDENTIAL CARE HOMES (1) Any person who on any occasion operates, keeps, manages or otherwise has control of a residential care home in respect of which neither of the conditions indicated in subsection (2) has been satisfied commits an offence and is liable to a fine at level 6 and imprisonment for 2 years and to a fine of $10000 for each day during which the offence continues. (2) The conditions referred to in subsection (1) are- (a) that a certificate of exemption has been issued under section 7(2) or renewed under section 7(5) in respect of the residential care home and is for the time being in force; or (b) that a licence has been issued under section 8(2)(a) or renewed under section 9 in respect of the residential care home and is for the time being in force.(3) It shall not be a defence that a person charged with an offence under subsection (1) did not know that neither of the conditions specified in subsection (2) had been satisfied. (Enacted 1994) Cap 459 s 7 Application for and issue of certificate of exemption PART III CERTIFICATES OF EXEMPTION (1) An application by a person for a certificate of exemption in respect of a residential care home shall be- (a) made to the Director in such form and manner as the Director may determine; and (b) accompanied by such information, particulars and plans as the Director may require.(2) The Director may issue a certificate of exemption and impose such conditions, in relation to the operation, keeping, management or other control of a residential care home, as he thinks fit. (3) A certificate of exemption issued under this section shall- (a) be in such form as the Director may determine; (b) be endorsed with the conditions, if any, imposed under subsection (2); and (c) authorize the person in whose name it is issued to operate, keep, manage or otherwise have control of a residential care home of a type prescribed for the purposes of this section, for a period of 36 months or such lesser period as may be indicated therein.(4) The Director may revoke a certificate of exemption issued under this section by notice in writing served either personally or by registered post on the person to whom it was issued. |
