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

12. Renewal of certificate of exemption
(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(a) the application is withdrawn; or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.

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

13. Notice of refusal of certificate of exemption or renewal and of revocation, etc.
(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.

14. Appeals against decisions
A person who is aggrieved by any of the following decisions made in respect of the person may appeal to the Administrative Appeals Board—
(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.

15. Appointment of inspectors
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).

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

16. Inspection of residential care homes for PWDs
(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

17. Protection of specified persons from liability for certain acts and omissions
(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.

18. Director may direct remedial measures
(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.