### Residential Care Homes (Persons with Disabilities) Ordinance 《殘疾人士院舍條例》

1. Short title
(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)

2. Interpretation
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.

### Residential Care Homes (Persons with Disabilities) Ordinance 《殘疾人士院舍條例》

3. Application
(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(b) (Repealed 34 of 2018 s. 193)(c) a boarding school within the meaning of the Education Regulations (Cap. 279 sub.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.

4. Offence of operating residential care homes for PWDs without licence
(1) Subject to sections 5, 6 and 6A, 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. (Amended 34 of 2018 s. 194)
(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

5. Certain existing homes excepted from application of section 4
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.

6. Certain residential care homes for elderly persons excepted from application of section 4
Section 4 does not apply to a residential care home for PWDs that is also a residential care home

6A. Certain nursing homes excepted from application of section 4
Section 4 does not apply to a residential care home for PWDs that is also a scheduled nursing home

### Residential Care Homes (Persons with Disabilities) Ordinance 《殘疾人士院舍條例》

10. Notice of refusal of licence or renewal and of cancellation or suspension, etc.
(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.

### Residential Care Homes (Persons with Disabilities) Ordinance 《殘疾人士院舍條例》

11. Application for and issue of certificate of exemption
(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—
(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.