Hong Kong Ordinances

RESIDENTIAL CARE HOMES (ELDERLY PERSONS) ORDINANCE - SECT 8

Application for and issue of licence

PART IV

LICENCES

(1) An application by a person for a licence 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 shall, on receipt of an application under subsection (1),
determine the application-

   (a)  by issuing to and in the name of the applicant, a licence imposing
        such conditions, in relation to the operation, keeping, management or
        other control of the residential care home, as he thinks fit; or

   (b)  by refusing to issue a licence to the applicant.

(3) The Director may refuse to issue a licence to the applicant if it appears
to him-

   (a)  that the applicant or any person he proposes to employ at the
        residential care home is not a fit person, whether by reason of age or
        otherwise, to operate, take part in the management of or be employed
        at the residential care home;

   (b)  that for reasons connected with the situation, means of ingress and
        egress, design, construction, size, type of building, staffing or
        equipment, the premises to be used for the residential care home are
        not fit to be used for the purposes of a residential care home;

   (c)  that such premises do not comply with any requirements relating to
        design, structure, fire precautions, health, sanitation and safety set
        out in-

        (i)    any regulation made under section 38 of the Buildings Ordinance
               ( Cap 123);

        (ii)   any Code of Practice published by the Director of Fire Services
               under section 16(1)(b) of the Buildings Ordinance ( Cap 123);

        (iii)  any Code of Practice issued by the Director under section 22;
               or

        (iv)   any regulation made under section 23;

   (d)  that the proposed name of the residential care home is unsuitable or
        is the same as or similar to-

        (i)    the name of any residential care home in respect of which a
               certificate of exemption has been issued under section 7(2) and
               is for the time being in force;

        (ii)   the name of any other residential care home; or

        (iii)  the name of a residential care home in respect of which the
               licence has been cancelled.

(4) A licence 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)(a); 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.

(5) A licence 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 licence or such copy thereof and shall be received in evidence without
further proof.

(6) A certificate purporting to be certified under the hand of the Director
that a residential care home is licensed or is not licensed shall be evidence
of the facts stated therein as at the date of such certificate and shall be
received in evidence without further proof. (Enacted 1994)