| An Ordinance to provide for the licensing, control and inspection of drug dependence treatment centres which provide residential accommodation for persons voluntarily undergoing treatment or rehabilitation after the treatment; and for connected purposes. [1 April 2002] L.N. 20 of 2002 (Originally 10 of 2001) Cap 566 s 1 Short title PART I PRELIMINARY (1) This Ordinance may be cited as the Drug Dependent Persons Treatment and Rehabilitation Centres (Licensing) Ordinance. (2) (Omitted as spent) Cap 566 s 2 Interpretation In this Ordinance, unless the context otherwise requires- "certificate of exemption" (豁免证明书) means a certificate of exemption issued under section 8(3)(a), or renewed under section 9(3)(a), in respect of a treatment centre; "Director" (署长) means the Director of Social Welfare; "drug dependence" (药物倚赖) means the psychophysical state referred to in paragraph (a) of the definition of "drug dependent person"; "drug dependent person" (药物倚赖者) means a person who- (a) is suffering from the psychophysical state in which the usual or increasing doses of a dangerous drug (as defined in the Dangerous Drugs Ordinance (Cap 134)) or a specified substance are required to prevent the onset of withdrawal symptoms; or (b) has completed treatment for drug dependence and is undergoing rehabilitation at a treatment centre;"licence" (牌照、牌) means a licence issued under section 6(2)(a), or renewed under section 9(3)(a), in respect of a treatment centre; "place" (地方) means any area on land or water and includes any building, structure, enclosure, vehicle or ship; "rehabilitation" (康复服务) means care or services intended to facilitate the recovery of drug dependent persons or their reintegration into the community, after treatment for drug dependence; "specified operator" (指明营办者) means, in relation to a treatment centre, the person specified as its operator in- (a) a licence; or (b) a certificate of exemption,for the time being in force in respect of the treatment centre; "specified substance" (指明物质) means a substance specified in the Schedule; "treatment centre" (治疗中心) means any place used or intended to be used- (a) for the treatment for drug dependence or for the rehabilitation of 4 or more drug dependent persons undergoing such treatment or rehabilitation on a voluntary basis; and (b) for providing residential accommodation for such persons undergoing treatment for drug dependence, or undergoing rehabilitation, at that place. Cap 566 s 3 Application of this Ordinance (1) This Ordinance does not apply to treatment centres managed and controlled by the Hospital Authority. (2) For the avoidance of doubt, it is declared that the requirement under this Ordinance for a licence or certificate of exemption is without derogation from any requirement to register under the Hospitals, Nursing Homes and Maternity Homes Registration Ordinance (Cap 165). Cap 566 s 4 Restriction on operating treatment centres PART II LICENCES AND CERTIFICATES OF EXEMPTION (1) No person shall operate or exercise control over the management of a treatment centre unless he is the specified operator of the treatment centre. (2) No person shall take part in the management of a treatment centre unless- (a) a licence; or (b) a certificate of exemption,in respect of the treatment centre is for the time being in force. (3) A person who contravenes subsection (1) commits an offence and is liable- (a) on the first conviction, to a fine at level 6 and to imprisonment for 6 months, and to a fine of $5000 for each day during which the offence continues; (b) on subsequent conviction, to a fine at level 6 and to imprisonment for one year, and to a fine of $10000 for each day during which the offence continues.(4) A person who contravenes subsection (2) commits an offence and is liable to a fine at level 3. Cap 566 s 5 Contravention of conditions of licence or certificate of exemption (1) Where a treatment centre in respect of which a licence or certificate of exemption has been issued is operated in contravention of any condition of the licence or certificate of exemption, the specified operator and any other person exercising control over the management of the treatment centre each commit an offence. (2) Without prejudice to subsection (3), it shall be a defence for a person charged with an offence under subsection (1) to prove that- (a) he did not know and had no reason to suspect the existence of the circumstances giving rise to the contravention; and (b) he could not, by the exercise of reasonable supervision and reasonable diligence, have prevented those circumstances arising.(3) In any proceedings against a specified operator for an offence under subsection (1), it shall not be necessary for the prosecution to prove that the specified operator had knowledge of the condition of the licence or certificate of exemption the contravention of which constituted the offence. |
