Residential Care Homes (Elderly Persons) Ordinance


Published: 2012-02-09

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Cap 459 - Residential Care Homes (Elderly Persons) Ordinance 1

Chapter: 459 Residential Care Homes (Elderly Persons) Ordinance Gazette Number Version Date

Long title E.R. 1 of 2012 09/02/2012


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]


(Enacting provision omitted—E.R. 1 of 2012)

(Originally 90 of 1994)

(*Format changes—E.R. 1 of 2012)
________________________________________________________________________________
Note:
* The format of the Ordinance has been updated to the current legislative styles.

Part: 1 Preliminary E.R. 1 of 2012 09/02/2012


(Enacted 1994)

Section: 1 Short title E.R. 1 of 2012 09/02/2012


(1) This Ordinance may be cited as the Residential Care Homes (Elderly Persons) Ordinance.
(2) (Omitted as spent—E.R. 1 of 2012)

(Enacted 1994)

Section: 2 Interpretation E.R. 1 of 2012 09/02/2012


In this Ordinance, unless the context otherwise requires-
certificate of exemption (豁免證明書) means a certificate of exemption issued under section 7(2) or renewed under

section 7(5);
Director (署長) 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 (處所) 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.
(Amended 12 of 2011 s. 33)

(Enacted 1994)

Section: 3 Application E.R. 1 of 2012 09/02/2012


(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-



Cap 459 - Residential Care Homes (Elderly Persons) Ordinance 2

(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)


Section: 4 Exercise of Director's functions* E.R. 1 of 2012 09/02/2012


(1) A Deputy Director of Social Welfare may exercise any function of the Director under any provision of this
Ordinance. (Amended 12 of 2011 s. 34)

(2) The Director may authorize any public officer to exercise any function of the Director under any provision of
this Ordinance.

(3) A person to whom this subsection applies is not personally liable for any civil liability in respect of anything
done or omitted to be done by the person in good faith in the exercise of a function or purported exercise of a
function under this Ordinance. (Added 12 of 2011 s. 34)

(4) Subsection (3) applies to—
(a) the Director;
(b) any Deputy Director of Social Welfare; and
(c) any public officer authorized under subsection (2). (Added 12 of 2011 s. 34)

(5) The protection conferred by subsection (3) does not affect any liability of the Government for the act or
omission. (Added 12 of 2011 s. 34)

(Enacted 1994)
_________________________________________________________________________________________
Note:
* (Amended 12 of 2011 s. 34)

Section: 5 Power of Chief Executive to give directions E.R. 1 of 2012 09/02/2012


(1) The Chief Executive may give to the Director, any Deputy Director of Social Welfare or to any other public
officer any directions that the Chief Executive thinks fit with respect to the exercise 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) must, in the exercise of the
person’s functions under this Ordinance, comply with that direction.

(Amended 17 of 1999 s. 3; 12 of 2011 s. 35)
(Enacted 1994)


Part: 2 Restriction on Operation of Residential Care Homes E.R. 1 of 2012 09/02/2012




Section: 6 Restriction on operating residential care homes unless
exempted or licensed

E.R. 1 of 2012 09/02/2012



(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.
(4) It is not a defence for a person charged with an offence under subsection (1) to show that, if the residential care



Cap 459 - Residential Care Homes (Elderly Persons) Ordinance 3

home is also a residential care home for PWDs as defined by section 2 of the Residential Care Homes (Persons
with Disabilities) Ordinance (Cap 613), the person did not know that a licence or a certificate of exemption
issued under that Ordinance was not at the relevant time in force in respect of the residential care home. (Added
12 of 2011 s. 36)

(Enacted 1994)

Section: 6A Certain residential care homes for PWDs excepted from

application of section 6
E.R. 1 of 2012 09/02/2012



Section 6 does not apply to a residential care home that is also a residential care home for PWDs as defined by
section 2 of the Residential Care Homes (Persons with Disabilities) Ordinance (Cap 613) if a licence or a certificate of
exemption issued under that Ordinance is for the time being in force in respect of the residential care home.

(Added 12 of 2011 s. 37)

Part: 3 Certificates of Exemption E.R. 1 of 2012 09/02/2012




Section: 7 Application for and issue of certificate of exemption E.R. 1 of 2012 09/02/2012


(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.

(5) The Director may, upon application made to him in such form and manner as he may determine, renew a
certificate of exemption.

(6) A certificate of exemption or a copy thereof purporting to be certified under the hand of the Director shall be
evidence of the facts stated therein as at the date of such certificate of exemption or such copy thereof and shall
be received in evidence without further proof.

(7) A certificate purporting to be certified under the hand of the Director that a certificate of exemption has or has
not been issued in respect of a residential care home shall be evidence of the facts stated therein as at the date of
such certificate and shall be received in evidence without further proof.

(Enacted 1994)

Part: 4 Licences E.R. 1 of 2012 09/02/2012




Section: 8 Application for and issue of licence E.R. 1 of 2012 09/02/2012


(1) An application by a person for a licence 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 shall, on receipt of an application under subsection (1), determine the application-
(a) by issuing to and in the name of the applicant, a licence imposing such conditions, in relation to the

operation, keeping, management or other control of the residential care home, as he thinks fit; or
(b) by refusing to issue a licence to the applicant.



Cap 459 - Residential Care Homes (Elderly Persons) Ordinance 4

(3) The Director may refuse to issue a licence to the applicant if it appears to him-
(a) that the applicant or any person he proposes to employ at the residential care home is not a fit person to

operate, take part in the management of or be employed at the residential care home; (Amended 12 of 2011
s. 38)

(b) that for reasons connected with the situation, means of ingress and egress, design, construction, size, type of
building, staffing or equipment, the premises to be used for the residential care home are not fit to be used
for the purposes of a residential care home;

(c) that such premises do not comply with any requirements relating to design, structure, fire precautions,
health, sanitation and safety set out in-
(i) any regulation made under section 38 of the Buildings Ordinance (Cap 123);
(ii) any Code of Practice published by the Director of Fire Services under section 16(1)(b) of the Buildings

Ordinance (Cap 123);
(iii) any Code of Practice issued by the Director under section 22; or
(iv) any regulation made under section 23;

(d) that the proposed name of the residential care home is unsuitable or is the same as or similar to-
(i) the name of a residential care home in respect of which a certificate of exemption is for the time being

in force; (Amended 12 of 2011 s. 38)
(ii) the name of a residential care home in respect of which a licence is for the time being in force or the

name of a residential care home for PWDs regulated by the Residential Care Homes (Persons with
Disabilities) Ordinance (Cap 613); (Amended 12 of 2011 s. 38)

(iii) the name of a residential care home in respect of which the licence has been suspended, surrendered or
cancelled; or (Amended 12 of 2011 s. 38)

(iv) the name of a residential care home for PWDs under the Residential Care Homes (Persons with
Disabilities) Ordinance (Cap 613) in respect of which a licence issued under that Ordinance has been
suspended, surrendered or cancelled. (Added 12 of 2011 s. 38)

(4) A licence 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)(a); 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.

(4A) If a licence issued under the Residential Care Homes (Persons with Disabilities) Ordinance (Cap 613) is for the
time being in force in respect of the residential care home, the applicant must, after being advised by the
Director that the application under subsection (1) is successful, surrender the first-mentioned licence to the
Director on the issue of a licence under this section. (Added 12 of 2011 s. 38)

(5) A licence or a copy thereof purporting to be certified under the hand of the Director shall be evidence of the
facts stated therein as at the date of such licence or such copy thereof and shall be received in evidence without
further proof.

(6) A certificate purporting to be certified under the hand of the Director that a residential care home is licensed or is
not licensed shall be evidence of the facts stated therein as at the date of such certificate and shall be received in
evidence without further proof.

(Enacted 1994)

Section: 9 Renewal of licence E.R. 1 of 2012 09/02/2012


(1) A person holding a licence in respect of a residential care home may, before the expiration of the licence, apply
for the licence to be renewed for a period of not more than 36 months.

(2) An application for renewal of a licence shall be made to the Director-
(a) not more than 4 months and not less than 2 months prior to the expiration of the licence or within such other

period prior to the expiration thereof as the Director may in writing permit;
(b) in such form and manner as the Director may determine.

(3) The Director may in respect of the renewed licence impose any condition, in relation to the operation, keeping,
management or other control of the residential care home, in addition to or instead of any condition previously
imposed by him under section 8(2)(a).

(4) A renewal of a licence under this section before the expiration of the licence shall take effect on the day



Cap 459 - Residential Care Homes (Elderly Persons) Ordinance 5

following the day of its expiration.
(5) Any licence in respect of which an application for renewal is made under this section and which expires prior to

the determination of such application shall, unless such application is withdrawn or the licence is cancelled or
suspended under section 10, remain in effect until the determination by the Director of such application.

(6) A renewal of a licence granted under this section shall have effect on the day following the day upon which the
licence would have expired but for subsection (5), for a period of 36 months or such lesser period as may be
indicated by the Director at the time of renewal.

(Enacted 1994)

Section: 10 Cancellation and suspension of licence or refusal to renew

and amendment or variation of conditions
E.R. 1 of 2012 09/02/2012



(1) The Director may cancel, suspend or refuse to renew the licence in respect of a residential care home, or amend
or vary any condition of the licence- (Amended 12 of 2011 s. 39)
(a) on any ground specified in section 8(3)(a), (b) or (c) which would have entitled him to refuse an application

for the licensing of that residential care home;
(b) on the ground that-

(i) the person holding the licence has been convicted of an offence against this Ordinance or an indictable
offence; or (Amended 12 of 2011 s. 39)

(ii) any other person has been convicted of an offence against this Ordinance or an indictable offence in
respect of that residential care home;

(c) on the ground that, in respect of that residential care home or the residents thereof-
(i) any of the provisions of this Ordinance have been or are being contravened; or
(ii) any requirement, order or direction made or given under this Ordinance has not been complied with by

the person holding the licence in respect of the residential care home;
(d) on the ground that any condition of the licence has not been or is not being complied with by the person

holding the licence in respect of the residential care home;
(e) if it appears to him that-

(i) that residential care home has ceased to be operated as such or to exist;
(ii) that such persons has ceased to operate, keep, manage or otherwise control, that residential care home;

or
(iii) that residential care home has, on any occasion since the date on which it was licensed, been operated

in a manner contrary to the public interest.
(2) A decision under subsection (1) (other than a decision to refuse to renew a licence) that is appealed against under

section 12 is suspended in its operation as from the day on which the appeal is made until the appeal is disposed
of, withdrawn or abandoned unless-
(a) the suspension would, in the opinion of the Director, be contrary to the public interest; and
(b) the order on the decision contains a statement to that effect. (Added 12 of 2011 s. 39)

(3) If a decision to refuse to renew a licence under subsection (1) is appealed against under section 12 and the
licence would, but for this subsection, expire before the determination of the appeal, the licence remains in force
until the appeal is disposed of, withdrawn or abandoned unless-
(a) it would, in the opinion of the Director, be contrary to the public interest for the licence to remain in force;

and
(b) the order on the decision contains a statement to that effect. (Added 12 of 2011 s. 39)

(4) If a licence is for the time being in force in respect of a residential care home and an application for the issue of a
licence in respect of the same residential care home premises is successful under the Residential Care Homes
(Persons with Disabilities) Ordinance (Cap 613), the Director must cancel the licence issued under this
Ordinance immediately before issuing a licence under section 7 of the Residential Care Homes (Persons with
Disabilities) Ordinance (Cap 613). (Added 12 of 2011 s. 39)

(Enacted 1994)

Section: 11 Notice of refusal of licence or renewal and of cancellation

or suspension, etc.
E.R. 1 of 2012 09/02/2012



(1) The Director must, before refusing an application for a licence or for the renewal of a licence, or before



Cap 459 - Residential Care Homes (Elderly Persons) Ordinance 6

exercising the power under section 10(1), give notice to the applicant or the person holding the licence in respect
of a residential care home of the intention to do so—
(a) stating the grounds on which the Director intends to refuse the application or exercise the power under that

section; and
(b) stating that the applicant or the person may make written representations to the Director.

(2) If the Director decides to refuse an application for a licence or for the renewal of a licence, or if the Director
decides to exercise the power under section 10(1), the Director must make a written order, properly dated and
signed, to that effect.

(3) The Director must send a copy of the written order under subsection (2) to the applicant or the person holding
the licence by delivering it personally or by registered post to the applicant or that person, at the address last
known to the Director.

(Replaced 12 of 2011 s. 40)

Part: 5 Appeals E.R. 1 of 2012 09/02/2012


(PART V replaced 12 of 2011 s. 41)

Section: 12 Appeals against decisions of Director E.R. 1 of 2012 09/02/2012


A person who is aggrieved by any decisions made in respect of the person under section 7, 8, 9 or 10(1) may appeal to
the Administrative Appeals Board.

Section: 13 (Repealed 12 of 2011 s. 41) L.N. 112 of 2011 18/11/2011




Section: 14 (Repealed 12 of 2011 s. 41) L.N. 112 of 2011 18/11/2011




Section: 15 (Repealed 12 of 2011 s. 41) L.N. 112 of 2011 18/11/2011




Section: 16 (Repealed 12 of 2011 s. 41) L.N. 112 of 2011 18/11/2011




Part: 6 Supervision of Residential Care Homes E.R. 1 of 2012 09/02/2012




Section: 17 Appointment of inspectors E.R. 1 of 2012 09/02/2012


The Director may by notice in writing appoint-
(a) any officer of the Social Welfare Department;
(b) any officer of the Buildings Department;
(c) any person who is registered as a medical practitioner, or who is deemed to be so registered under section

29 of the Medical Registration Ordinance (Cap 161); and
(d) any person whose name appears on the register of nurses maintained under section 5 of the Nurses

Registration Ordinance (Cap 164),
to be an inspector of residential care homes.

(Enacted 1994)

Section: 18 Inspection of residential care homes E.R. 1 of 2012 09/02/2012


(1) In this section, specified person (指明人士) means—
(a) the Director;



Cap 459 - Residential Care Homes (Elderly Persons) Ordinance 7

(b) an officer of the Fire Services Department; or
(c) an inspector.

(2) If a specified person produces, if so required, proof of identity as the specified person, and the specified
person’s identity card issued under the Registration of Persons Ordinance (Cap 177), the specified person may

(a) at all reasonable times enter and inspect any residential care home or any premises which the specified

person has reason to suspect are used as or for the purposes of a residential care home (suspected premises);
(b) require any person taking part in the operation or management of the residential care home or suspected

premises to—
(i) produce any book, document or other article relating to the operation or management of the residential

care home or suspected premises, or to any other activity in respect of the residential care home or
suspected premises; or

(ii) give any information relating to the operation, management or activity mentioned in subparagraph (i);
(c) remove for further examination from the residential care home or suspected premises any book, document

or other article which the specified person has reason to suspect is evidence of the commission of an
offence against this Ordinance;

(d) remove for further examination from the residential care home any book, document or other article which
the specified person has reason to suspect is evidence of a ground for the cancellation of the licence issued
in respect of it; and

(e) do any other things that are necessary for—
(i) the inspection of the residential care home; or
(ii) the inspection or testing of any equipment, works or system used for or in connection with the

operation, keeping, management or other control of the residential care home.
(Replaced 12 of 2011 s. 42)


Section: 18A Protection of specified persons from liability for certain

acts and omissions
E.R. 1 of 2012 09/02/2012



(1) A specified person under section 18 is not personally liable for any civil liability in respect of anything done or
omitted to be done by the specified person in good faith in the exercise of a function or purported exercise of a
function under this Ordinance.

(2) The protection conferred by subsection (1) does not affect any liability of the Government for the act or
omission.

(Added 12 of 2011 s. 43)

Section: 19 Director may direct remedial measures E.R. 1 of 2012 09/02/2012


(1) The Director may, in respect of any residential care home, by notice in writing, give such directions as appear to
him to be required to secure that-
(a) it is operated and managed satisfactorily;
(b) the welfare of its residents is promoted in a proper manner;
(c) adequate apparatus and equipment required as safeguards against fire or other hazard likely to endanger the

lives or health of residents are provided in the residential care home; and
(d) the provisions of this Ordinance are complied with.

(2) A notice under subsection (1)-
(a) shall be served personally or by registered post on the person being the operator, keeper, manager or

otherwise having control of the residential care home; and
(b) shall indicate a period within which the directions shall be complied with.

(Enacted 1994)

Section: 20 Director may order cessation of use of premises as a

residential care home
E.R. 1 of 2012 09/02/2012



(1) The Director may-



Cap 459 - Residential Care Homes (Elderly Persons) Ordinance 8

(a) if it appears to him that there is any danger or risk of danger to persons in residence in a residential care
home; or

(b) if, in respect of any such residential care home, the requirements of a direction given under section 19(1)
are not complied with within the period indicated in the notice served under that section,

by order in writing direct that the premises used as a residential care home shall cease to be used as a residential
care home for such period as he thinks fit or until further notice.

(2) An order under this section shall be served on the person being the operator, keeper, manager or otherwise
having control of the residential care home concerned and shall take effect from the date of service.

(3) It shall be sufficient service of an order under this section if-
(a) it is delivered personally to the person on whom it is to be served;
(b) it is sent by registered post to the last known address of that person; or
(c) a copy thereof is posted in a conspicuous place upon or in the premises to which it relates.

(Enacted 1994)

Part: 7 Miscellaneous E.R. 1 of 2012 09/02/2012




Section: 21 Offences in relation to certificates of exemption and
licences

E.R. 1 of 2012 09/02/2012



(1) Any person who on any occasion operates, keeps, manages or otherwise has control of a residential care home in
respect of which a certificate of exemption has been issued-
(a) in contravention of any condition of the certificate of exemption so issued;
(b) in any premises other than the residential care home premises indicated in the certificate of exemption so

issued; or
(c) under any name other than the name of the residential care home indicated in the certificate of exemption so

issued,
commits an offence.
(2) Where any condition of a certificate of exemption is contravened, the person in whose name the certificate of

exemption was issued commits an offence unless he proves 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) Any person who on any occasion operates, keeps, manages or otherwise has control of a residential care home in

respect of which a licence has been issued-
(a) in contravention of any condition of the licence so issued;
(b) in any premises other than premises indicated in the licence so issued; or
(c) under any name other than the name indicated in the licence so issued,

commits an offence.
(4) Where any condition of a licence is contravened, the person holding the licence in respect of the residential care

home commits an offence unless he proves 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.
(5) Where an offence under subsection (1) or (3) is alleged to have been committed, proof that a defendant did any

act in connection with the operation, keeping, management or other control of a residential care home is, in the
absence of evidence to the contrary, proof that the defendant operated, kept, managed or otherwise had control
of a residential care home.

(6) Any person who-
(a) in or in connection with any application under this Ordinance makes any statement or furnishes any

information, whether such statement be oral or written, which is false in any material particular and which
he knows or reasonably ought to know is false in such particular;

(b) obstructs the Director, any officer of the Fire Services Department or any inspector in the exercise of any of



Cap 459 - Residential Care Homes (Elderly Persons) Ordinance 9

his powers under this Ordinance;
(c) refuses to produce any book, document or other article upon being so required under section 18 or furnishes

any information which is false in a material particular and which he knows or reasonably ought to know is
false in such particular;

(d) fails to comply with the requirements of a direction given under section 19 within the period indicated in
the notice served thereunder;

(e) fails to comply with the requirements of an order served on him under section 20,
commits an offence.
(7) Any person who commits an offence under this section is liable to a fine at level 6 and to imprisonment for 2

years and to a fine of $10000 for each day during which the offence continues.
(Enacted 1994)


Section: 22 Codes of Practice relating to operation of residential care

homes
E.R. 1 of 2012 09/02/2012



(1) The Director may issue from time to time Codes of Practice setting out principles, procedures, guidelines and
standards for the operation, keeping, management or other control of residential care homes.

(2) A copy of every Code of Practice issued from time to time under subsection (1) shall be made available during
the hours of business by the Director for inspection by the public free of charge at such offices of the
Government as the Director may direct.

(Enacted 1994)

Section: 23 Regulation E.R. 1 of 2012 09/02/2012


(1) The Secretary for Labour and Welfare may by regulation provide for or in relation to residential care homes for-
(Amended 17 of 1999 s. 3; 12 of 2011 s. 44)
(a) the operation, management, supervision and inspection thereof;
(b) the classes or description thereof;
(c) the duties and responsibilities of persons holding the licences in respect thereof;
(d) the qualifications, experience, appointment, duties, responsibilities and discipline of persons employed for

the purposes of the operation, management and supervision, including the number of persons to be so
employed in relation to the number of residents cared for therein and the registration by the Director of any
such person for the purposes of that employment;

(e) the admission of residents thereto having regard to the age of residents who may be admitted to any class or
description thereof;

(f) the medical examination of the residents cared for and the persons employed therein;
(g) the exclusion therefrom of any resident or employee and measures to preserve the health and well-being of

residents or employees;
(h) the discharge of residents therefrom and the procedure to be adopted for the discharge, including the period

of notice to be given for the discharge of any resident cared for therein;
(i) the control and supervision of activities therein;
(j) the adequacy, suitability and use of equipment therein;
(k) the keeping, in respect thereof, of records, time-tables, menus and books of account;
(l) the reports and information to be supplied to the Director in respect thereof;
(m) the design, structure, hygiene and sanitation thereof;
(n) the precautions to be taken against fire or other peril likely to endanger the lives or health of residents cared

for therein;
(o) the provision of and control of entrances to and exits therefrom;
(p) the disclosure of and provision of information relating to the level or amount of fees and other charges that

may be charged or imposed in respect of the services provided therein or otherwise on account of the care
of residents thereat;

(q) (Repealed 12 of 2011 s. 44)
(r) subject to section 24, the fees to be charged for any matter prescribed or permitted by this Ordinance;
(ra) the promotion, including the advertising or marketing, of residential care homes by specifying whether

certificates of exemption or licences are for the time being in force in respect of the residential care homes;



Cap 459 - Residential Care Homes (Elderly Persons) Ordinance 10

(Added 12 of 2011 s. 44)
(s) generally, carrying into effect the provisions of this Ordinance.

(2) Any regulation made under this section may-
(a) prohibit the performance of particular acts without the consent of the Director;
(b) authorize the Director to require or prohibit the performance of particular acts; and
(c) require particular acts to be performed to the satisfaction of Director.

(3) The Director may, by notice in writing to the person being the operator, keeper, manager or otherwise having
control of a residential care home, waive wholly, partly or conditionally the requirements of any regulation in
respect of that residential care home and may amend or withdraw any such notice.

(4) Regulations made under this section may provide that a contravention thereof shall be an offence punishable by
a fine not exceeding level 6 and a term of imprisonment not exceeding 2 years and punishable by a fine not
exceeding $10000 for each day during which the offence continues.

(5) The amount of fees provided for under subsection (1)(r) need not be limited by reference to the amount of
administrative or other costs incurred or likely to be incurred by the Director in the discharge of his functions
under this Ordinance.

(6) Without affecting the generality of subsection (5), any regulation made under subsection (1)(r) may provide for-
(a) a different fee to be payable having regard to-

(i) type or description of any residential care home or of any matter prescribed or permitted under this
Ordinance;

(ii) the period indicated in the certificate of exemption or the licence, as the case may be; and
(b) the waiver, remission, reduction or refund of any fee.

(Enacted 1994)

Section: 24 No fee payable in respect of certificate of exemption or

licence
E.R. 1 of 2012 09/02/2012



No fee shall be payable-
(a) on an application for the issue or renewal of a certificate of exemption;
(b) on an application for the issue or renewal of a licence;
(c) for the issue or renewal of a certificate of exemption; or
(d) for the issue or renewal of a licence.

(Enacted 1994)

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