### Drug Dependent Persons Treatment and Rehabilitation Centres (Licensing) Ordinance 《藥物倚賴者治療康復中心(發牌)條例》

7. Person not to be considered as fit person
(1) For the purposes of section 6(4)(a), a person is not a fit person if—
(a) he is or was (except where subsection (2) applies) a drug dependent person;
(b) he has been convicted in Hong Kong of any offence specified in Schedule 1 of the Organized and Serious Crimes Ordinance (Cap. 455) and sentenced to imprisonment within the 10 years immediately prior to the day on which the Director considers the matter; or
(c) he has been convicted elsewhere, within that period, of any offence constituted by an act or omission that, if it had occurred in Hong Kong, would have constituted an offence specified in Schedule 1 of the Organized and Serious Crimes Ordinance (Cap. 455), and sentenced to imprisonment on the conviction.
(2) Where a person was a drug dependent person, the Director may consider him a fit person if such person satisfies the Director that he has not been a drug dependent person continuously in the 7 years immediately prior to the day on which the Director considers the matter.

8. Application for and issue of certificate of exemption
(1) A person who is operating a treatment centre immediately before the commencement* of section 4 may apply, within 3 months after such commencement, for a certificate of exemption in respect of the treatment centre.
(2) An application for a certificate of exemption shall be made to the Director in such form and manner as the Director may specify.
(3) The Director shall determine an application for a certificate of exemption—
(a) by issuing to the applicant the certificate of exemption, subject to such reasonable conditions as the Director may impose; or
(b) by refusing to issue the certificate of exemption.
(4) If the Director intends to refuse to issue a certificate of exemption, he shall comply with section 15.
(5) The Director may require an applicant to furnish him with such information as he considers relevant for determining whether or not to issue the certificate of exemption including—
(a) particulars relating to the applicant; and
(b) the proposed name, address, plans and details as to how the treatment centre is to be operated.
(6) The information required under subsection (5) shall be furnished in such form and within such period as the Director may specify.

Editorial Note:
* Commencement date: 1 April 2002.

### Drug Dependent Persons Treatment and Rehabilitation Centres (Licensing) Ordinance 《藥物倚賴者治療康復中心(發牌)條例》

9. Renewal of licence or certificate of exemption
(1) The specified operator of a treatment centre may, before the expiration of the licence or certificate of exemption in respect of the treatment centre, apply for renewal of the licence or certificate of exemption.
(2) An application under subsection (1) must 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 certificate of exemption, or within such other period prior to the expiration as the Director may in writing permit; and
(b) in such form and manner as the Director may specify.
(3) The Director shall determine an application under subsection (1)—
(a) by granting the renewal, subject to any reasonable variation of the conditions of the licence or certificate of exemption (as the case may be), as the Director may think fit; or
(b) by refusing to grant the renewal.
(4) If the Director intends to refuse to grant the renewal, he shall comply with section 15.
(5) A licence or certificate of exemption in respect of which an application for renewal is made under this section and which expires before the determination of the application shall remain in effect until the determination by the Director of such application, unless such application is withdrawn or the licence or certificate is cancelled under section 14.
(6) A renewal granted under this section takes effect—
(a) on the day following the expiration of the licence or certificate of exemption; or
(b) where subsection (5) applies, on the day following the day upon which the licence or certificate of exemption would have expired but for subsection (5).
(7) A renewal granted under this section takes effect for a period of 12 months or such lesser period as may be specified.

10. False statement etc. furnished while making applications
A person who, in or in connection with an application made under this Ordinance, makes any statement (whether such statement be oral or written), or furnishes any information—
(a) which is false or misleading in a material particular; and
(b) which he knows or reasonably ought to know is false or misleading in such particular,
commits an offence, and is liable to a fine at level 6 and to imprisonment for 6 months.

### Drug Dependent Persons Treatment and Rehabilitation Centres (Licensing) Ordinance 《藥物倚賴者治療康復中心(發牌)條例》

11. Form of licence and certificate of exemption
(1) A licence shall—
(a) be in such form as the Director may specify;
(b) be endorsed with the conditions of the licence imposed under section 6(2)(a) or the conditions as varied under section 9(3)(a);
(c) specify the applicant as the operator of the treatment centre to which the licence relates; and
(d) specify the period in which the licence remains in force, being a period not exceeding 12 months.
(2) A certificate of exemption shall—
(a) be in such form as the Director may specify;
(b) be endorsed with the conditions of the certificate of exemption imposed under section 8(3)(a) or the conditions as varied under section 9(3)(a);
(c) specify the applicant as the operator of the treatment centre to which the certificate relates; and
(d) specify the period in which the certificate remains in force, being a period not exceeding 12 months.

12. Licence or certificate of exemption to be displayed
The specified operator of a treatment centre shall display or cause to be displayed the licence or certificate of exemption for the time being in force in respect of the treatment centre in a conspicuous place at the treatment centre.

13. Evidence of facts stated in licence or certificate of exemption
(1) A licence or certificate of exemption purporting to be issued by the Director, or a copy purporting to be signed and certified by the Director as a true copy of the licence or certificate, is evidence of the facts stated in it as at the date of such licence or certificate of exemption, and shall be received in evidence without further proof.
(2) A certificate purporting to be signed by the Director and certifying that—
(a) a licence; or
(b) a certificate of exemption,
has or has not been issued in respect of the treatment centre shall be evidence of the facts stated in it as at the date of the certificate so signed, and shall be received in evidence without further proof.