### Residential Care Homes (Elderly Persons) Ordinance 《安老院條例》

1. Short title
(Amended E.R. 4 of 2020)(1) This Ordinance may be cited as the Residential Care Homes (Elderly Persons) Ordinance.
(2) (Omitted as spent—E.R. 1 of 2012)

2. Interpretation
In this Ordinance, unless the context otherwise requires—
certificate of exemption (豁免證明書) means a certificate of exemption issued under section 7(2) or renewed under section 7(5);
Director (署長) means the Director of Social Welfare;
inspector (督察) means a person appointed under section 17 to be an inspector of residential care homes;
licence (牌照、牌) means a licence issued under section 8(2)(a) or renewed under section 9;
premises (處所) includes any building, enclosure, ground or open air space;
residential care home (安老院) means any premises at which more than 5 persons who have attained the age of 60 years are habitually received for the purposes of care while resident therein.
(Amended 12 of 2011 s. 33)

3. Application
(1) This Ordinance shall not apply to—
(a) any residential care home maintained and controlled by—
(i) the Government;
(ii) the Housing Authority;
(b) any residential care home used or intended for use solely for the purpose of the medical treatment of persons requiring medical treatment;
(c) any residential care home or type or description of residential care home excluded by the Director by order published in the Gazette.
(2) An order under subsection (1)(c) may—
(a) be made subject to such conditions;
(b) be made subject to such geographical limitations;
(c) have effect for such period; or
(d) have such partial application,

as may be indicated in the order.

### Residential Care Homes (Elderly Persons) Ordinance 《安老院條例》

4. Exercise of Director’s functions
(Amended 12 of 2011 s.34)(1) A Deputy Director of Social Welfare may exercise any function of the Director under any provision of this Ordinance. (Amended 12 of 2011 s. 34)
(2) The Director may authorize any public officer to exercise any function of the Director under any provision of 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. (Added 12 of 2011 s. 34)
(4) Subsection (3) applies to—
(a) the Director;
(b) any Deputy Director of Social Welfare; and
(c) any public officer authorized under subsection (2). (Added 12 of 2011 s. 34)
(5) The protection conferred by subsection (3) does not affect any liability of the Government for the act or omission. (Added 12 of 2011 s. 34)

5. Power of Chief Executive to give directions
(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 their respective 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.
(Amended 17 of 1999 s. 3; 12 of 2011 s. 35)

### Residential Care Homes (Elderly Persons) Ordinance 《安老院條例》

6. Restriction on operating residential care homes unless exempted or licensed
(1) Any person who on any occasion operates, keeps, manages or otherwise has control of a residential care home in respect of which neither of the conditions indicated in subsection (2) has been satisfied commits an offence and is liable to a fine at level 6 and imprisonment for 2 years and to a fine of $10,000 for each day during which the offence continues.
(2) The conditions referred to in subsection (1) are—
(a) that a certificate of exemption has been issued under section 7(2) or renewed under section 7(5) in respect of the residential care home and is for the time being in force; or
(b) that a licence has been issued under section 8(2)(a) or renewed under section 9 in respect of the residential care home and is for the time being in force.
(3) It shall not be a defence that a person charged with an offence under subsection (1) did not know that neither of the conditions specified in subsection (2) had been satisfied.
(4) It is not a defence for a person charged with an offence under subsection (1) to show that, if the residential care home is also a residential care home for PWDs

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

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

### Residential Care Homes (Elderly Persons) Ordinance 《安老院條例》

7. Application for and issue of certificate of exemption
(1) An application by a person for a certificate of exemption in respect of a residential care home shall be—
(a) made to the Director in such form and manner as the Director may determine; and
(b) accompanied by such information, particulars and plans as the Director may require.
(2) The Director may issue a certificate of exemption and impose such conditions, in relation to the operation, keeping, management or other control of a residential care home, as he thinks fit.
(3) A certificate of exemption issued under this section shall—
(a) be in such form as the Director may determine;
(b) be endorsed with the conditions, if any, imposed under subsection (2); and
(c) authorize the person in whose name it is issued to operate, keep, manage or otherwise have control of a residential care home of a type prescribed for the purposes of this section, for a period of 36 months or such lesser period as may be indicated therein.
(4) The Director may revoke a certificate of exemption issued under this section by notice in writing served either personally or by registered post on the person to whom it was issued.
(5) The Director may, upon application made to him in such form and manner as he may determine, renew a certificate of exemption.
(6) A certificate of exemption or a copy thereof purporting to be certified under the hand of the Director shall be evidence of the facts stated therein as at the date of such certificate of exemption or such copy thereof and shall be received in evidence without further proof.
(7) A certificate purporting to be certified under the hand of the Director that a certificate of exemption has or has not been issued in respect of a residential care home shall be evidence of the facts stated therein as at the date of such certificate and shall be received in evidence without further proof.