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

9. Renewal of licence
(1) A person holding a licence in respect of a residential care home may, before the expiration of the licence, apply for the licence to be renewed for a period of not more than 36 months.
(2) An application for renewal of a licence shall 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 within such other period prior to the expiration thereof as the Director may in writing permit;
(b) in such form and manner as the Director may determine.
(3) The Director may in respect of the renewed licence impose any condition, in relation to the operation, keeping, management or other control of the residential care home, in addition to or instead of any condition previously imposed by him under section 8(2)(a).
(4) A renewal of a licence under this section before the expiration of the licence shall take effect on the day following the day of its expiration.
(5) Any licence in respect of which an application for renewal is made under this section and which expires prior to the determination of such application shall, unless such application is withdrawn or the licence is cancelled or suspended under section 10, remain in effect until the determination by the Director of such application.
(6) A renewal of a licence granted under this section shall have effect on the day following the day upon which the licence would have expired but for subsection (5), for a period of 36 months or such lesser period as may be indicated by the Director at the time of renewal.

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

11. 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 10(1), give notice to the applicant or the person holding the licence in respect of a residential care home 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 10(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.
(Replaced 12 of 2011 s. 40)

12. Appeals against decisions of Director
A person who is aggrieved by any decisions made in respect of the person under section 7, 8, 9 or 10(1) may appeal to the Administrative Appeals Board.

17. Appointment of inspectors
The Director may by notice in writing appoint—
(a) any officer of the Social Welfare Department;
(b) any officer of the Buildings Department;
(c) any person who is registered as a medical practitioner, or who is deemed to be so registered under section 29 of the Medical Registration Ordinance (Cap. 161); and
(d) any person whose name appears on the register of nurses maintained under section 5 of the Nurses Registration Ordinance (Cap. 164),
to be an inspector of residential care homes.

18. Inspection of residential care homes
(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 or any premises which the specified person has reason to suspect are used as or for the purposes of a residential care home (suspected premises

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

18A. Protection of specified persons from liability for certain acts and omissions
(1) A specified person under section 18 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.
(Added 12 of 2011 s. 43)

19. Director may direct remedial measures
(1) The Director may, in respect of any residential care home, by notice in writing, give such directions as appear to him to be required to secure that—
(a) it is operated and managed satisfactorily;
(b) the welfare of its residents is promoted in a proper manner;
(c) adequate apparatus and equipment required as safeguards against fire or other hazard likely to endanger the lives or health of residents are provided in the residential care home; and
(d) the provisions of this Ordinance are complied with.
(2) A notice under subsection (1)—
(a) shall be served personally or by registered post on the person being the operator, keeper, manager or otherwise having control of the residential care home; and
(b) shall indicate a period within which the directions shall be complied with.

20. Director may order cessation of use of premises as a residential care home
(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 residential care home; or
(b) if, in respect of any such residential care home, the requirements of a direction given under section 19(1) are not complied with within the period indicated in the notice served under that section,

by order in writing direct that the premises used as a residential care home shall cease to be used as a residential care home for such period as he thinks fit or until further notice.
(2) An order under this section shall be served on the person being the operator, keeper, manager or otherwise having control of the residential care home concerned and shall take effect from the date of service.
(3) It shall be sufficient service of an order under this section if—
(a) it is delivered personally to the person on whom it is to be served;
(b) it is sent by registered post to the last known address of that person; or
(c) a copy thereof is posted in a conspicuous place upon or in the premises to which it relates.

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

22. Codes of Practice relating to operation of residential care homes
(1) The Director may issue from time to time Codes of Practice setting out principles, procedures, guidelines and standards for the operation, keeping, management or other control of residential care homes.
(2) A copy of every Code of Practice issued from time to time under subsection (1) shall be made available during the hours of business by the Director for inspection by the public free of charge at such offices of the Government as the Director may direct.

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

24. No fee payable in respect of certificate of exemption or licence
No fee shall be payable—
(a) on an application for the issue or renewal of a certificate of exemption;
(b) on an application for the issue or renewal of a licence;
(c) for the issue or renewal of a certificate of exemption; or
(d) for the issue or renewal of a licence.