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

14. Cancellation of licence or certificate of exemption
The Director may at any time by notice in writing served on the specified operator of a treatment centre cancel the licence or certificate of exemption (as the case may be) in respect of the centre—
(a) on the ground that the specified operator or any other person has committed an offence under section 4, 5, 10, 16, 17 or 19 in respect of the treatment centre;
(b) on the ground that, in respect of the treatment centre or the drug dependent persons residing in the treatment centre, any requirement, order or direction made or given under this Ordinance has not been complied with;
(c) on the ground that any condition of the licence or certificate of exemption has not been or is not being complied with;
(d) if it appears to him that—
(i) the treatment centre has ceased to be operated as such or to exist;
(ii) the specified operator has ceased to operate the treatment centre; or
(iii) on any occasion the treatment centre has been operated in a manner contrary to the public interest;
(e) in the case of a licence only, on any ground specified in section 6(4)(a), (b), (c) or (d) which would entitle him to refuse an application for the licensing of the treatment centre,
but before serving the notice of cancellation, he shall comply with section 15.

15. Notice of refusal or cancellation
(1) The Director shall, before—
(a) refusing an application for a licence or certificate of exemption or an application for its renewal; or
(b) serving a notice under section 14,
give to the applicant or the specified operator of the treatment centre, as the case may be, notice of his intention to do so, which shall—
(i) state the grounds on which he intends to refuse the application or serve a notice under section 14 (as the case may be); and
(ii) contain a statement that such applicant or such specified operator may make written representations to him within 21 days after the day on which the Director’s notice is given.
(2) The Director may, after 21 days from the day on which the notice under subsection (1) is given and after considering the written representations (if any) received from the applicant or specified operator, serve on the applicant or specified operator—
(a) a notice in writing of the Director’s refusal of the application; or
(b) the notice under section 14,
as the case may be, but a notice under paragraph (a) or (b) shall not have effect earlier than 21 days from the day on which such notice is given.

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

16. Power of Director to give directions
(1) The Director may, in respect of a treatment centre, by notice in writing, give such directions as appear to him to be required to ensure that—
(a) the treatment centre is operated and managed satisfactorily;
(b) the well-being of the drug dependent persons residing in the treatment centre is safeguarded in a proper manner; (Amended E.R. 5 of 2021)
(c) adequate apparatus and equipment required as safeguards against fire or other hazard likely to endanger the lives or health of the residents are provided in the treatment centre; and
(d) the provisions of this Ordinance are complied with.
(2) A notice under subsection (1)—
(a) shall be served on the specified operator of the treatment centre; and
(b) shall indicate a period within which the directions shall be complied with.
(3) A person who fails to comply with the requirements of a direction given under this section within the period indicated in the notice served on him under subsection (2) commits an offence, and is liable to a fine at level 6 and to imprisonment for 6 months.

17. Director may order cessation of use of any place as a treatment centre
(1) The Director may—
(a) if it appears to him that there is any danger or risk of danger to persons in residence in a treatment centre; or
(b) the requirements of a direction given under section 16(1) have not been complied with within the period indicated in the notice served under that section,
by order in writing require that the place or any part of such place used as the treatment centre shall cease to be so used for such period as he thinks fit or until further notice.
(2) An order under this section shall be served on the specified operator of the treatment centre and shall take effect from the date of service.
(3) A person who fails to comply with any requirement of an order served on him under this section commits an offence, and is liable to a fine at level 6 and to imprisonment for 6 months and to a fine of $5,000 for each day during which the offence continues.

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

19. Offences in relation to section 18
(1) A person who—
(a) fails, without reasonable excuse, to produce any book, document or other article upon being so required under section 18;
(b) fails, without reasonable excuse, to furnish any information upon being so required under section 18;
(c) in complying with any requirement made under section 18, furnishes any information which is false or misleading in a material particular and which he knows or reasonably ought to know is false or misleading in such particular; or
(d) obstructs any person in the exercise of any of that person’s powers under section 18,
commits an offence.
(2) A person who commits an offence under this section is liable to a fine at level 6 and to imprisonment for 6 months and to a fine of $5,000 for each day during which the offence continues.

20. Exercise of Director’s powers
The Director may authorize any public officer to perform or exercise any function, duty or power imposed or conferred on the Director under this Ordinance.

21. Offences by corporation or partners
(1) If—
(a) a person who commits an offence under this Ordinance is a body corporate; and
(b) it is proved that the offence was committed with the consent or connivance of, or was attributable to any neglect on the part of, a director of, or other person concerned in the management of, the body corporate,
the director or that other person also commits the offence.
(2) If—
(a) a person who commits an offence under this Ordinance is a partner of a partnership; and
(b) it is proved that the offence was committed with the consent or connivance of, or was attributable to any neglect on the part of, any other partner or other person concerned in the management of the partnership,
that other partner or person also commits the offence.

22. Time limit for prosecution of offences
Any prosecution under the provisions of this Ordinance shall be commenced—
(a) within 6 months of the commission of the offence; or
(b) within 6 months of the offence being discovered by or coming to the notice of the Director,
whichever is the later.