Cap 613 - Residential Care Homes (Persons with Disabilities) Ordinance 1
Chapter: 613 Residential Care Homes (Persons with Disabilities)
Ordinance
Gazette Number Version Date
Long title E.R. 1 of 2012 09/02/2012
An Ordinance to regulate residential care homes for persons with disabilities by a licensing system, and to make
consequential and related amendments to other Ordinances.
[The Ordinance (except Part 2) } 18 November 2011 L.N. 112 of 2011
Part 2 } 10 June 2013 L.N. 53 of 2013]
(Enacting provision omitted—E.R. 1 of 2012)
(Originally 12 of 2011)
(*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
Section: 1 Short title E.R. 2 of 2014 10/04/2014
(1) This Ordinance may be cited as the Residential Care Homes (Persons with Disabilities) Ordinance.
(2) (Omitted as spent—E.R. 2 of 2014)
(Amended E.R. 2 of 2014)
Section: 2 Interpretation E.R. 1 of 2012 09/02/2012
In this Ordinance—
certificate of exemption (豁免證明書) means a certificate of exemption issued under section 11(2)(a) or renewed
under section 12(3)(a);
Director (署長) means the Director of Social Welfare;
existing home (原有院舍) means a residential care home for PWDs that exists immediately before the date on which
this Ordinance, except Part 2, comes into operation;
inspector (督察) means a person appointed under section 15 to be an inspector of residential care homes for PWDs;
licence (牌照、牌) means a licence issued under section 7(2)(a) or renewed under section 8(3)(a);
person with disabilities and PWD (殘疾人士) mean a person who suffers from one or more of the following
disabilities—
(a) total or partial loss of the bodily or mental functions;
(b) total or partial loss of a part of the body;
(c) the malfunction, malformation or disfigurement of a part of the body;
(d) a disorder, illness or disease that affects the thought processes, perception of reality, emotions or judgement
or that results in disturbed behaviour;
premises (處所) includes any building, enclosure, ground or open air space;
resident (住客) means a person who is admitted to reside in any residential care home for PWDs;
residential care home for PWDs (殘疾人士院舍) means any premises at which more than 5 PWDs, who have
attained the age of 6 years, are habitually received for the purpose of residential accommodation with the
provision of care.
Cap 613 - Residential Care Homes (Persons with Disabilities) Ordinance 2
Section: 3 Application E.R. 1 of 2012 09/02/2012
(1) This Ordinance does not apply to—
(a) any premises used or intended for use solely for the purpose of the medical treatment of persons requiring
medical treatment;
(b) a nursing home regulated under the Hospitals, Nursing Homes and Maternity Homes Registration
Ordinance (Cap 165);
(c) a boarding school within the meaning of the Education Regulations (Cap 279 sub. leg. A);
(d) a treatment centre within the meaning of the Drug Dependent Persons Treatment and Rehabilitation Centres
(Licensing) Ordinance (Cap 566); or
(e) a residential care home for PWDs, or type or description of residential care home for PWDs, excluded by
the Director by order published in the Gazette.
(2) An order under subsection (1)(e) may specify that the relevant exclusion is—
(a) subject to any condition as indicated in the order;
(b) subject to any geographical limitation as indicated in the order;
(c) to have effect for the period as indicated in the order; or
(d) to have partial application as indicated in the order.
(3) An order under subsection (1)(e) is subsidiary legislation.
Part: 2 Restriction and Exception Relating to Operation of
Residential Care Homes for Persons with Disabilities
L.N. 53 of 2013 10/06/2013
Section: 4 Offence of operating residential care homes for PWDs
without licence
L.N. 53 of 2013 10/06/2013
(1) Subject to sections 5 and 6, a person must not operate, keep, manage or in any other way have control of a
residential care home for PWDs otherwise than under a licence for the time being in force.
(2) It is not a defence for a person charged with an offence under subsection (1) to show that—
(a) the person did not know that a licence was not at the relevant time in force in respect of the residential care
home;
(b) if the residential care home is an existing home, the person did not know that a certificate of exemption was
not at the relevant time in force in respect of the residential care home; or
(c) if the residential care home is also a residential care home as defined by section 2 of the Residential Care
Homes (Elderly Persons) Ordinance (Cap 459), the person did not know that a certificate of exemption or a
licence issued under that Ordinance was not at the relevant time in force in respect of the residential care
home.
(3) A person who contravenes subsection (1) commits an offence and is liable—
(a) to a fine at level 6 and to imprisonment for 2 years; and
(b) in the case of a continuing offence, to a further fine of $10000 for each day during which the offence
continues.
Section: 5 Certain existing homes excepted from application of
section 4
L.N. 53 of 2013 10/06/2013
Section 4 does not apply to a residential care home for PWDs that is an existing home in respect of which a certificate
of exemption is for the time being in force.
Section: 6 Certain residential care homes for elderly persons
excepted from application of section 4
L.N. 53 of 2013 10/06/2013
Section 4 does not apply to a residential care home for PWDs that is also a residential care home as defined by
section 2 of the Residential Care Homes (Elderly Persons) Ordinance (Cap 459) if a certificate of exemption or a
licence issued under that Ordinance is for the time being in force in respect of the residential care home.
Cap 613 - Residential Care Homes (Persons with Disabilities) Ordinance 3
Part: 3 Licences E.R. 1 of 2012 09/02/2012
Section: 7 Application for and issue of licence E.R. 1 of 2012 09/02/2012
(1) An application by a person for the issue of a licence in respect of a residential care home for PWDs must be—
(a) made to the Director in the form and manner determined by the Director; and
(b) accompanied by the information, particulars and plans required by the Director.
(2) The Director must, on receipt of an application under subsection (1), determine the application—
(a) by issuing to, and in the name of, the applicant a licence subject to any conditions that the Director thinks fit
in relation to the operation, keeping, management or other control of the residential care home; or
(b) by refusing to issue a licence to the applicant.
(3) Without limiting subsection (2)(b), the Director may refuse to issue a licence to the applicant if it appears to the
Director that—
(a) the applicant or any person the applicant 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;
(b) the premises used or intended to be used for the residential care home are not fit to be used for the purposes
of a residential care home for PWDs for reasons connected with the situation, means of ingress and egress,
design, construction, size, type of building, staffing or equipment;
(c) the premises used or intended to be used for the residential care home do not comply with any requirements
relating to design, construction, fire precautions, health, sanitation and safety set out in—
(i) any regulation made by the Secretary for Development under section 38 of the Buildings Ordinance
(Cap 123);
(ii) any Code of Practice published by the Director of Fire Services and referred to in section 16(1)(b) of
the Buildings Ordinance (Cap 123);
(iii) any Code of Practice issued by the Director under section 23; or
(iv) any regulation made by the Secretary for Labour and Welfare under section 24; or
(d) the proposed name of the residential care home is unsuitable or is the same as or similar to—
(i) the name of an existing home in respect of which a certificate of exemption is for the time being in
force;
(ii) the name of a residential care home for PWDs in respect of which a licence is for the time being in
force;
(iii) the name of a residential care home regulated by the Residential Care Homes (Elderly Persons)
Ordinance (Cap 459);
(iv) the name of a residential care home for PWDs in respect of which a licence has been suspended,
surrendered or cancelled; or
(v) the name of a residential care home under the Residential Care Homes (Elderly Persons) Ordinance
(Cap 459) in respect of which a licence issued under that Ordinance has been suspended, surrendered
or cancelled.
(4) A licence issued under this section must—
(a) be in the form determined by the Director;
(b) specify the conditions, if any, imposed under subsection (2)(a);
(c) include an endorsement authorizing the person to whom it is issued to operate, keep, manage or otherwise
have control of a residential care home for PWDs of a type prescribed for the purposes of this section; and
(d) specify the validity period of the licence, not being a period of more than 36 months.
(5) If a licence issued under the Residential Care Homes (Elderly Persons) Ordinance (Cap 459) 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.
(6) A licence or a copy of it purporting to be signed by the Director—
(a) is evidence of the facts stated in it as at the date of the licence or the copy; and
(b) is to be received in evidence without further proof.
(7) A certificate purporting to be signed by the Director that a residential care home for PWDs is licensed or is not
Cap 613 - Residential Care Homes (Persons with Disabilities) Ordinance 4
licensed—
(a) is evidence of the facts stated in it as at the date of the certificate; and
(b) is to be received in evidence without further proof.
Section: 8 Renewal of licence E.R. 1 of 2012 09/02/2012
(1) A person holding a licence in respect of a residential care home for PWDs may, before the licence expires, apply
for the licence to be renewed for a period of not more than 36 months.
(2) An application for the renewal of a licence must be made to the Director—
(a) not more than 4 months and not less than 2 months before the licence expires or within any other period
before its expiry as permitted by the Director in writing; and
(b) in the form and manner determined by the Director.
(3) The Director may, on receipt of an application under subsection (1)—
(a) renew the licence and impose any conditions in relation to the operation, keeping, management or other
control of the residential care home in respect of the renewed licence, in addition to or instead of any
conditions previously imposed under section 7(2)(a); or
(b) refuse to renew the licence.
(4) Without limiting subsection (3)(b), the Director may refuse to renew the licence in respect of a residential care
home for PWDs—
(a) on any ground specified in section 7(3)(a), (b) or (c) that would have entitled the Director to refuse an
application for the licensing of the 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
(ii) any other person has been convicted of an offence against this Ordinance or an indictable offence in
respect of the residential care home;
(c) on the ground that, in respect of the residential care home or its residents—
(i) this Ordinance has been or is being contravened; or
(ii) any requirement, order or direction made or given under this Ordinance has not been complied with by
the person;
(d) on the ground that any condition of the licence has not been or is not being complied with by the person; or
(e) if it appears to the Director that—
(i) the residential care home has ceased to be operated or to exist;
(ii) the person has ceased to operate, keep, manage or otherwise have control of the residential care home;
or
(iii) the residential care home has, on any occasion since the date on which the licence is issued in respect
of it, been operated in a manner contrary to the public interest.
(5) A renewal of a licence under this section before the expiry of the licence takes effect on the day following the
day of its expiry.
(6) Subject to subsection (7), any licence in respect of which an application for renewal is made under this section
and which, but for this subsection, would expire before the determination of the application remains in force
until the determination by the Director of the application.
(7) Subsection (6) does not apply if—
(a) the application is withdrawn; or
(b) the licence is cancelled or suspended under section 9.
(8) A renewal of a licence under this section takes effect on the day following the day on which the licence would
have expired but for subsection (6), for the period (not being more than 36 months) indicated by the Director at
the time of renewal.
(9) If a decision to refuse to renew a licence under subsection (3)(b) is appealed against under section 14(d) 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.
Cap 613 - Residential Care Homes (Persons with Disabilities) Ordinance 5
Section: 9 Cancellation or suspension; amendment or variation of
conditions of licence
E.R. 1 of 2012 09/02/2012
(1) The Director may cancel or suspend the licence in respect of a residential care home for PWDs, or amend or
vary any condition of the licence, on any ground specified in section 8(4) that would have entitled the Director to
refuse an application for the renewal of a licence.
(2) A decision under subsection (1) that is appealed against under section 14(e) 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.
(3) If a licence is for the time being in force in respect of a residential care home for PWDs 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 (Elderly Persons) Ordinance (Cap 459), the Director must cancel the licence issued under this
Ordinance immediately before issuing a licence under section 8 of the Residential Care Homes (Elderly Persons)
Ordinance (Cap 459).
Section: 10 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
exercising the power under section 9(1), give notice to the applicant or the person holding the licence in respect
of a residential care home for PWDs 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 9(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.
Part: 4 Certificates of Exemption E.R. 1 of 2012 09/02/2012
Section: 11 Application for and issue of certificate of exemption E.R. 1 of 2012 09/02/2012
(1) An application by a person for the issue of a certificate of exemption in respect of an existing home must be—
(a) made to the Director in the form and manner determined by the Director; and
(b) accompanied by the information, particulars and plans required by the Director.
(2) The Director may, on receipt of an application under subsection (1), determine the application—
(a) by issuing to, and in the name of, the applicant a certificate of exemption subject to any conditions that the
Director thinks fit in relation to the operation, keeping, management or other control of the existing home;
or
(b) by refusing to issue a certificate of exemption to the applicant.
(3) A certificate of exemption issued under this section must—
(a) be in the form determined by the Director;
(b) specify the conditions, if any, imposed under subsection (2)(a);
(c) include an endorsement authorizing the person to whom it is issued to operate, keep, manage or otherwise
have control of an existing home of a type prescribed for the purposes of this section; and
(d) specify the validity period of the certificate, not being a period of more than 36 months.
(4) The Director may revoke a certificate of exemption.
(5) A certificate of exemption or a copy of it purporting to be signed by the Director—
Cap 613 - Residential Care Homes (Persons with Disabilities) Ordinance 6
(a) is evidence of the facts stated in it as at the date of the certificate or the copy; and
(b) is to be received in evidence without further proof.
(6) A certificate purporting to be signed by the Director that a certificate of exemption has or has not been issued in
respect of an existing home—
(a) is evidence of the facts stated in it as at the date of the first-mentioned certificate; and
(b) is to be received in evidence without further proof.
Section: 12 Renewal of certificate of exemption E.R. 1 of 2012 09/02/2012
(1) A person holding a certificate of exemption in respect of an existing home may, before the certificate expires,
apply for the certificate to be renewed for a period of not more than 36 months.
(2) An application for the renewal of a certificate of exemption must be made to the Director—
(a) not more than 4 months and not less than 2 months before the certificate expires or within any other period
before its expiry as permitted by the Director in writing; and
(b) in the form and manner determined by the Director.
(3) The Director may, on receipt of an application under subsection (1)—
(a) renew the certificate and impose any conditions in relation to the operation, keeping, management or other
control of the existing home in respect of the renewed certificate of exemption, in addition to or instead of
any conditions previously imposed under section 11(2)(a); or
(b) refuse to renew the certificate.
(4) A renewal of a certificate of exemption under this section before the expiry of the certificate takes effect on the
day following the day of its expiry.
(5) Subject to subsection (6), any certificate of exemption in respect of which an application for renewal is made
under this section and which, but for this subsection, would expire before the determination of the application
remains in force until the determination by the Director of the application.
(6) Subsection (5) does not apply if—
(a) the application is withdrawn; or
(b) the certificate is revoked under section 11(4).
(7) A renewal of a certificate of exemption under this section takes effect on the day following the day on which the
certificate would have expired but for subsection (5), for the period (not being more than 36 months) indicated
by the Director at the time of renewal.
Section: 13 Notice of refusal of certificate of exemption or renewal and
of revocation, etc.
E.R. 1 of 2012 09/02/2012
(1) If the Director decides to refuse an application for a certificate of exemption under section 11(2)(b), the Director
must give notice of the decision to the applicant stating the grounds for the refusal.
(2) If the Director decides to revoke a certificate of exemption under section 11(4), the Director must give notice of
the decision to the person holding the certificate stating the grounds for the revocation.
(3) If the Director decides to refuse an application for the renewal of a certificate of exemption under section
12(3)(b), or to grant an application subject to conditions imposed in respect of the renewed certificate of
exemption under section 12(3)(a), the Director must give notice of the decision to the applicant or the person
holding the certificate stating the grounds for the refusal or conditions.
(4) A notice given under this section must be in writing and be sent to the applicant or the person referred to in
subsection (1), (2) or (3) respectively by delivering it personally or by registered post to the applicant or that
person, at the address last known to the Director.
Part: 5 Appeals E.R. 1 of 2012 09/02/2012
Section: 14 Appeals against decisions E.R. 1 of 2012 09/02/2012
A person who is aggrieved by any of the following decisions made in respect of the person may appeal to the
Administrative Appeals Board—
Cap 613 - Residential Care Homes (Persons with Disabilities) Ordinance 7
(a) a decision of the Director to impose any condition under section 7;
(b) a decision of the Director to refuse to issue a licence under section 7;
(c) a decision of the Director to impose any condition under section 8;
(d) a decision of the Director to refuse to renew a licence under section 8;
(e) a decision of the Director to cancel or suspend, or to amend or vary any condition of, a licence under
section 9(1);
(f) a decision of the Director to impose any condition under section 11;
(g) a decision of the Director to refuse to issue a certificate of exemption under section 11;
(h) a decision of the Director to revoke a certificate of exemption under section 11;
(i) a decision of the Director to impose any condition under section 12;
(j) a decision of the Director to refuse to renew a certificate of exemption under section 12.
Part: 6 Supervision of Residential Care Homes for Persons with
Disabilities
E.R. 1 of 2012 09/02/2012
Section: 15 Appointment of inspectors E.R. 1 of 2012 09/02/2012
The Director may by notice in writing appoint the following persons to be an inspector of residential care homes for
PWDs—
(a) an officer of the Social Welfare Department;
(b) an officer of the Buildings Department;
(c) a person who is registered as a medical practitioner under the Medical Registration Ordinance (Cap 161);
(d) a person whose name appears on the register of nurses maintained under section 5 of the Nurses
Registration Ordinance (Cap 164).
Section: 16 Inspection of residential care homes for PWDs E.R. 1 of 2012 09/02/2012
(1) In this section, specified person (指明人士) means—
(a) the Director;
(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 for PWDs or any premises which the
specified person has reason to suspect are used as or for the purposes of a residential care home for PWDs
(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.
Cap 613 - Residential Care Homes (Persons with Disabilities) Ordinance 8
Section: 17 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 16 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.
Section: 18 Director may direct remedial measures E.R. 1 of 2012 09/02/2012
(1) The Director may, in respect of any residential care home for PWDs, by notice in writing, give any directions
that appear to the Director to be required to ensure that—
(a) the residential care home is operated and managed satisfactorily;
(b) the welfare of the residents is promoted in a proper manner;
(c) it is provided with adequate apparatus and equipment to safeguard the residential care home against fire or
other hazards likely to endanger the lives or health of residents; and
(d) this Ordinance is complied with.
(2) A notice under subsection (1)—
(a) may be sent to the person who is the operator, keeper or manager, or who otherwise has control, of the
residential care home by delivering it personally or by registered post to that person at the address last
known to the Director; and
(b) must indicate a period within which the directions are to be complied with.
Section: 19 Director may order cessation of use of premises as
residential care home for PWDs
E.R. 1 of 2012 09/02/2012
(1) The Director may by a written order direct that the premises used as a residential care home for PWDs cease to
be used as a residential care home for PWDs for the period that the Director thinks fit or until further notice—
(a) if it appears to the Director that there is any danger or risk of danger to the residents in the residential care
home; or
(b) if, in respect of the residential care home, the requirements of a direction given under section 18(1) are not
complied with within the period indicated in the notice sent under section 18(2).
(2) An order under this section—
(a) is to be sent to the person who is the operator, keeper or manager, or who otherwise has control, of the
residential care home concerned; and
(b) takes effect at the following time—
(i) if it is delivered personally to the person to whom it is to be sent, when it is so delivered;
(ii) if it is sent by registered post to the last known address of the person, when it would in the ordinary
course of post be delivered to that address; or
(iii) if it is posted in a conspicuous place inside or outside the premises to which it relates, when it is so
posted.
Section: 20 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 this Ordinance.
(2) The Director may authorize any public officer to exercise any function of the Director under 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.
(4) Subsection (3) applies to—
(a) the Director;
(b) any Deputy Director of Social Welfare; and
Cap 613 - Residential Care Homes (Persons with Disabilities) Ordinance 9
(c) any public officer authorized under subsection (2).
(5) The protection conferred by subsection (3) does not affect any liability of the Government for the act or
omission.
Section: 21 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 the person’s 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.
Part: 7 Miscellaneous E.R. 1 of 2012 09/02/2012
Section: 22 Offences in relation to licences and certificates of
exemption
E.R. 1 of 2012 09/02/2012
(1) A person commits an offence if the person on any occasion operates, keeps, manages or otherwise has control of
a residential care home for PWDs in respect of which a licence is for the time being in force—
(a) in contravention of any condition of the licence;
(b) in any premises other than the residential care home premises indicated in the licence; or
(c) under any name other than the name of the residential care home indicated in the licence.
(2) If any condition of a licence is contravened, the person holding the licence in respect of the residential care home
commits an offence unless the person proves that—
(a) the person did not know and had no reason to suspect the existence of the circumstances giving rise to the
contravention; and
(b) the person could not have prevented those circumstances arising by the exercise of reasonable supervision
and reasonable diligence.
(3) A person commits an offence if the person on any occasion operates, keeps, manages or otherwise has control of
an existing home in respect of which a certificate of exemption is for the time being in force—
(a) in contravention of any condition of the certificate of exemption;
(b) in any premises other than the existing home premises indicated in the certificate of exemption; or
(c) under any name other than the name of the existing home indicated in the certificate of exemption.
(4) If any condition of a certificate of exemption is contravened, the person holding the certificate in respect of the
existing home commits an offence unless the person proves that—
(a) the person did not know and had no reason to suspect the existence of the circumstances giving rise to the
contravention; and
(b) the person could not have prevented those circumstances arising by the exercise of reasonable supervision
and reasonable diligence.
(5) If 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 for PWDs is, in
the absence of evidence to the contrary, proof that the defendant operated, kept, managed or otherwise had
control of the residential care home.
(6) A person commits an offence if the person—
(a) in or in connection with any application under this Ordinance makes any statement or gives any
information, whether in oral or written form, which is false in any material particular and which the person
knows or reasonably ought to know is false in the material particular;
(b) obstructs the Director, any officer of the Fire Services Department or any inspector in the exercise of any
functions under this Ordinance;
(c) refuses to produce any book, document or other article when so required under section 16 or gives any
information which is false in a material particular and which the person knows or reasonably ought to know
is false in the material particular;
(d) fails to comply with the requirements of a direction given under section 18 within the period indicated in
Cap 613 - Residential Care Homes (Persons with Disabilities) Ordinance 10
the notice sent under it; or
(e) fails to comply with the requirements of an order sent to the person under section 19.
(7) A person who commits an offence under this section is liable—
(a) to a fine at level 6 and to imprisonment for 2 years; and
(b) in the case of a continuing offence, to a further fine of $10000 for each day during which the offence
continues
Section: 23 Code of Practice relating to operation of residential care
homes for PWDs
E.R. 1 of 2012 09/02/2012
(1) The Director may issue from time to time any Code of Practice setting out principles, procedures, guidelines and
standards for the operation, keeping, management or other control of residential care homes for PWDs.
(2) A copy of every Code of Practice issued from time to time under subsection (1) is to be made available during
business hours by the Director for inspection by the public, free of charge, at the offices of the Government
directed by the Director.
Section: 24 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
PWDs for—
(a) their operation, management, supervision and inspection;
(b) their classes or description;
(c) the duties and responsibilities of persons holding the licences in respect of residential care homes for
PWDs;
(d) the qualifications, experience, appointment, duties, responsibilities and discipline of persons employed for
the purposes of the operation, management and supervision of residential care homes for PWDs, including
the number of persons to be so employed in relation to the number of residents and the registration of their
employment by the Director;
(e) the admission of residents having regard to the age of residents who may be admitted to any class or
description of residential care homes for PWDs;
(f) the medical examination of the residents and the persons employed;
(g) the exclusion from residential care homes for PWDs of any resident or employee and measures to preserve
the health and well-being of residents or employees;
(h) the discharge of residents from residential care homes for PWDs and the procedure to be adopted for the
discharge, including the period of notice to be given for the discharge of any resident;
(i) the control and supervision of activities in residential care homes for PWDs;
(j) the adequacy, suitability and use of equipment in residential care homes for PWDs;
(k) the keeping of records, timetables, menus and books of account;
(l) the reports and information to be supplied to the Director;
(m) the design, construction, hygiene and sanitation of residential care homes for PWDs;
(n) the precautions to be taken against fire or other hazards likely to endanger the lives or health of residents;
(o) the provision of and control of entrances to and exits from residential care homes for PWDs;
(p) the disclosure 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 or otherwise on account of the care of
residents;
(q) subject to section 25, the fees to be charged for any matter prescribed or permitted by this Ordinance;
(r) the promotion, including the advertising or marketing, of residential care homes for PWDs by specifying
whether licences or certificates of exemption are for the time being in force in respect of the residential care
homes;
(s) generally, carrying into effect 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 the Director.
Cap 613 - Residential Care Homes (Persons with Disabilities) Ordinance 11
(3) The Director may, by notice in writing sent to the person who is the operator, keeper or manager, or who
otherwise has control, of a residential care home for PWDs—
(a) waive wholly, partly or conditionally the requirements of any regulation made under this section in respect
of the residential care home; and
(b) amend or withdraw the notice.
(4) Regulations made under this section may provide that any contravention of the regulations is an offence
punishable by—
(a) a fine not exceeding level 6 and a term of imprisonment not exceeding 2 years; and
(b) a fine not exceeding $10000 for each day during which the offence continues.
(5) The amount of fees provided for under subsection (1)(q) 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 exercise of the Director’s
functions under this Ordinance.
(6) Without affecting subsection (5), any regulation made under subsection (1)(q) may provide for—
(a) a different fee to be payable having regard to—
(i) the type or description of any residential care home for PWDs or of any matter prescribed or permitted
by this Ordinance; or
(ii) the period indicated in the licence or the certificate of exemption; and
(b) the waiver, remission, reduction or refund of any fee.
Section: 25 No fee payable in respect of licence or certificate of
exemption
E.R. 1 of 2012 09/02/2012
No fee is payable—
(a) on an application for the issue or renewal of a licence;
(b) on an application for the issue or renewal of a certificate of exemption;
(c) for the issue or renewal of a licence; or
(d) for the issue or renewal of a certificate of exemption.
Part: 8 Consequential and Related Amendments E.R. 1 of 2012 09/02/2012
Section: 26 (Omitted as spent—E.R. 1 of 2012) E.R. 1 of 2012 09/02/2012
Section: 27 (Omitted as spent—E.R. 1 of 2012) E.R. 1 of 2012 09/02/2012
Section: 28 (Omitted as spent—E.R. 1 of 2012) E.R. 1 of 2012 09/02/2012
Section: 29 (Omitted as spent—E.R. 1 of 2012) E.R. 1 of 2012 09/02/2012
Section: 30 (Omitted as spent—E.R. 1 of 2012) E.R. 1 of 2012 09/02/2012
Section: 31 (Omitted as spent—E.R. 1 of 2012) E.R. 1 of 2012 09/02/2012
Section: 32 (Omitted as spent—E.R. 1 of 2012) E.R. 1 of 2012 09/02/2012
Cap 613 - Residential Care Homes (Persons with Disabilities) Ordinance 12
Section: 33 (Omitted as spent—E.R. 1 of 2012) E.R. 1 of 2012 09/02/2012
Section: 34 (Omitted as spent—E.R. 1 of 2012) E.R. 1 of 2012 09/02/2012
Section: 35 (Omitted as spent—E.R. 1 of 2012) E.R. 1 of 2012 09/02/2012
Section: 36 (Omitted as spent—E.R. 1 of 2012) E.R. 1 of 2012 09/02/2012
Section: 37 (Omitted as spent—E.R. 1 of 2012) E.R. 1 of 2012 09/02/2012
Section: 38 (Omitted as spent—E.R. 1 of 2012) E.R. 1 of 2012 09/02/2012
Section: 39 (Omitted as spent—E.R. 1 of 2012) E.R. 1 of 2012 09/02/2012
Section: 40 (Omitted as spent—E.R. 1 of 2012) E.R. 1 of 2012 09/02/2012
Section: 41 (Omitted as spent—E.R. 1 of 2012) E.R. 1 of 2012 09/02/2012
Section: 42 (Omitted as spent—E.R. 1 of 2012) E.R. 1 of 2012 09/02/2012
Section: 43 (Omitted as spent—E.R. 1 of 2012) E.R. 1 of 2012 09/02/2012
Section: 44 (Omitted as spent—E.R. 1 of 2012) E.R. 1 of 2012 09/02/2012
Section: 45 (Omitted as spent—E.R. 1 of 2012) E.R. 1 of 2012 09/02/2012
Section: 46 (Omitted as spent—E.R. 1 of 2012) E.R. 1 of 2012 09/02/2012
Section: 47 (Omitted as spent—E.R. 1 of 2012) E.R. 1 of 2012 09/02/2012
Section: 48 (Omitted as spent—E.R. 1 of 2012) E.R. 1 of 2012 09/02/2012
Section: 49 (Omitted as spent—E.R. 1 of 2012) E.R. 1 of 2012 09/02/2012
