An Ordinance to provide for the licensing, control and inspection of drug dependence treatment centres which provide residential accommodation for persons voluntarily undergoing treatment or rehabilitation after the treatment; and for connected purposes.
[1 April 2002] L.N. 20 of 2002
(Format changes—E.R. 5 of 2021)
(Enacting provision omitted—E.R. 5 of 2021)
(Amended E.R. 5 of 2021)
This Ordinance may be cited as the Drug Dependent Persons Treatment and Rehabilitation Centres (Licensing) Ordinance.
(Omitted as spent— E.R. 5 of 2021)
In this Ordinance, unless the context otherwise requires—
certificate of exemption (豁免證明書) means a certificate of exemption issued under section 8(3)(a), or renewed under section 9(3)(a), in respect of a treatment centre; Director (署長) means the Director of Social Welfare; drug dependence (藥物倚賴) means the psychophysical state referred to in paragraph (a) of the definition of drug dependent person; drug dependent person (藥物倚賴者) means a person who—(a)is suffering from the psychophysical state in which the usual or increasing doses of a dangerous drug (as defined in the Dangerous Drugs Ordinance (Cap. 134)) or a specified substance are required to prevent the onset of withdrawal symptoms; or(b)has completed treatment for drug dependence and is undergoing rehabilitation at a treatment centre; licence (牌照、牌) means a licence issued under section 6(2)(a), or renewed under section 9(3)(a), in respect of a treatment centre; place (地方) means any area on land or water and includes any building, structure, enclosure, vehicle or ship; rehabilitation (康復服務) means care or services intended to facilitate the recovery of drug dependent persons or their reintegration into the community, after treatment for drug dependence; specified operator (指明營辦者) means, in relation to a treatment centre, the person specified as its operator in—(a)a licence; or(b)a certificate of exemption,for the time being in force in respect of the treatment centre; specified substance (指明物質) means a substance specified in the Schedule; treatment centre (治療中心) means any place used or intended to be used—(a)for the treatment for drug dependence or for the rehabilitation of 4 or more drug dependent persons undergoing such treatment or rehabilitation on a voluntary basis; and(b)for providing residential accommodation for such persons undergoing treatment for drug dependence, or undergoing rehabilitation, at that place.This Ordinance does not apply to treatment centres managed and controlled by the Hospital Authority.
(Repealed 34 of 2018 s. 191)
No person shall operate or exercise control over the management of a treatment centre unless he is the specified operator of the treatment centre.
No person shall take part in the management of a treatment centre unless—
a licence; or
a certificate of exemption,
in respect of the treatment centre is for the time being in force.
A person who contravenes subsection (1) commits an offence and is liable—
on the first conviction, 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;
on subsequent conviction, to a fine at level 6 and to imprisonment for one year, and to a fine of $10,000 for each day during which the offence continues.
A person who contravenes subsection (2) commits an offence and is liable to a fine at level 3.
Where a treatment centre in respect of which a licence or certificate of exemption has been issued is operated in contravention of any condition of the licence or certificate of exemption, the specified operator and any other person exercising control over the management of the treatment centre each commit an offence.
Without prejudice to subsection (3), it shall be a defence for a person charged with an offence under subsection (1) to prove that—
he did not know and had no reason to suspect the existence of the circumstances giving rise to the contravention; and
he could not, by the exercise of reasonable supervision and reasonable diligence, have prevented those circumstances arising.
In any proceedings against a specified operator for an offence under subsection (1), it shall not be necessary for the prosecution to prove that the specified operator had knowledge of the condition of the licence or certificate of exemption the contravention of which constituted the offence.
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.
An application by a person for a licence in respect of a treatment centre shall be made to the Director in such form and manner as the Director may specify.
The Director shall determine an application for a licence—
by issuing to the applicant the licence, subject to such reasonable conditions as the Director may impose; or
by refusing to issue the licence.
If the Director intends to refuse to issue the licence, he shall comply with section 15.
Without limiting the generality of subsection (2)(b), the Director may refuse to issue a licence to the applicant if it appears to him—
where the applicant is an individual, that the applicant is not a fit person;
where the applicant is a body corporate, that any director of the body corporate is not a fit person;
where the applicant is a partnership, that any partner of the partnership is not a fit person;
that for reasons connected with the size, staffing or equipment, the place to be used for the treatment centre is not fit to be used as a treatment centre;
that the place to be used as the treatment centre does not comply with any requirements relating to construction, design, structure, fire precautions, health, sanitation or safety set out in—
any provision of the Buildings Ordinance (Cap. 123);
any Code of Practice published by the Director of Fire Services under section 16(1)(b) of the Buildings Ordinance (Cap. 123);
any Code of Practice issued by the Director under section 25; or
any regulation made under section 28;
that if the place were to be used as a treatment centre, there would be a breach of a condition of the Government lease that restricts the use of the place; or
that the proposed name of the treatment centre is unsuitable or is the same as or similar to—
the name of any treatment centre in respect of which a licence or certificate of exemption is for the time being in force; or
the name of a treatment centre in respect of which a licence or a certificate of exemption has been cancelled.
A condition of a licence imposed under subsection (2)(a) may relate to, in particular, the accommodation, staffing and equipment of the treatment centre.
The Director may require an applicant to furnish him with such information as he considers relevant for determining whether or not to issue the licence including—
particulars relating to the applicant; and
the proposed name, address, plans and details as to how the treatment centre is to be operated.
The information required under subsection (6)—
shall be furnished in such form and within such period as the Director may specify; and
(if required for considering whether a person is a fit person for the purposes of subsection (4)(a)) shall be supported by a statutory declaration on such facts as the Director may require.
For the purposes of section 6(4)(a), a person is not a fit person if—
he is or was (except where subsection (2) applies) a drug dependent person;
he has been convicted in Hong Kong of any offence specified in Schedule 1 of the Organized and Serious Crimes Ordinance (Cap. 455) and sentenced to imprisonment within the 10 years immediately prior to the day on which the Director considers the matter; or
he has been convicted elsewhere, within that period, of any offence constituted by an act or omission that, if it had occurred in Hong Kong, would have constituted an offence specified in Schedule 1 of the Organized and Serious Crimes Ordinance (Cap. 455), and sentenced to imprisonment on the conviction.
Where a person was a drug dependent person, the Director may consider him a fit person if such person satisfies the Director that he has not been a drug dependent person continuously in the 7 years immediately prior to the day on which the Director considers the matter.
A person who is operating a treatment centre immediately before the commencement of section 4 may apply, within 3 months after such commencement, for a certificate of exemption in respect of the treatment centre.
An application for a certificate of exemption shall be made to the Director in such form and manner as the Director may specify.
The Director shall determine an application for a certificate of exemption—
by issuing to the applicant the certificate of exemption, subject to such reasonable conditions as the Director may impose; or
by refusing to issue the certificate of exemption.
If the Director intends to refuse to issue a certificate of exemption, he shall comply with section 15.
The Director may require an applicant to furnish him with such information as he considers relevant for determining whether or not to issue the certificate of exemption including—
particulars relating to the applicant; and
the proposed name, address, plans and details as to how the treatment centre is to be operated.
The information required under subsection (5) shall be furnished in such form and within such period as the Director may specify.
The specified operator of a treatment centre may, before the expiration of the licence or certificate of exemption in respect of the treatment centre, apply for renewal of the licence or certificate of exemption.
An application under subsection (1) must be made to the Director—
not more than 4 months and not less than 2 months prior to the expiration of the licence or certificate of exemption, or within such other period prior to the expiration as the Director may in writing permit; and
in such form and manner as the Director may specify.
The Director shall determine an application under subsection (1)—
by granting the renewal, subject to any reasonable variation of the conditions of the licence or certificate of exemption (as the case may be), as the Director may think fit; or
by refusing to grant the renewal.
If the Director intends to refuse to grant the renewal, he shall comply with section 15.
A licence or certificate of exemption in respect of which an application for renewal is made under this section and which expires before the determination of the application shall remain in effect until the determination by the Director of such application, unless such application is withdrawn or the licence or certificate is cancelled under section 14.
A renewal granted under this section takes effect—
on the day following the expiration of the licence or certificate of exemption; or
where subsection (5) applies, on the day following the day upon which the licence or certificate of exemption would have expired but for subsection (5).
A renewal granted under this section takes effect for a period of 12 months or such lesser period as may be specified.
A person who, in or in connection with an application made under this Ordinance, makes any statement (whether such statement be oral or written), or 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,
commits an offence, and is liable to a fine at level 6 and to imprisonment for 6 months.
A licence shall—
be in such form as the Director may specify;
be endorsed with the conditions of the licence imposed under section 6(2)(a) or the conditions as varied under section 9(3)(a);
specify the applicant as the operator of the treatment centre to which the licence relates; and
specify the period in which the licence remains in force, being a period not exceeding 12 months.
A certificate of exemption shall—
be in such form as the Director may specify;
be endorsed with the conditions of the certificate of exemption imposed under section 8(3)(a) or the conditions as varied under section 9(3)(a);
specify the applicant as the operator of the treatment centre to which the certificate relates; and
specify the period in which the certificate remains in force, being a period not exceeding 12 months.
The specified operator of a treatment centre shall display or cause to be displayed the licence or certificate of exemption for the time being in force in respect of the treatment centre in a conspicuous place at the treatment centre.
A licence or certificate of exemption purporting to be issued by the Director, or a copy purporting to be signed and certified by the Director as a true copy of the licence or certificate, is evidence of the facts stated in it as at the date of such licence or certificate of exemption, and shall be received in evidence without further proof.
A certificate purporting to be signed by the Director and certifying that—
a licence; or
a certificate of exemption,
has or has not been issued in respect of the treatment centre shall be evidence of the facts stated in it as at the date of the certificate so signed, and shall be received in evidence without further proof.
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—
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;
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;
on the ground that any condition of the licence or certificate of exemption has not been or is not being complied with;
if it appears to him that—
the treatment centre has ceased to be operated as such or to exist;
the specified operator has ceased to operate the treatment centre; or
on any occasion the treatment centre has been operated in a manner contrary to the public interest;
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.
The Director shall, before—
refusing an application for a licence or certificate of exemption or an application for its renewal; or
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—
state the grounds on which he intends to refuse the application or serve a notice under section 14 (as the case may be); and
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.
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 notice in writing of the Director’s refusal of the application; or
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.
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—
the treatment centre is operated and managed satisfactorily;
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)
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
the provisions of this Ordinance are complied with.
A notice under subsection (1)—
shall be served on the specified operator of the treatment centre; and
shall indicate a period within which the directions shall be complied with.
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.
The Director may—
if it appears to him that there is any danger or risk of danger to persons in residence in a treatment centre; or
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.
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.
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.
The Director or any public officer authorized by him in writing may, in relation to a treatment centre in respect of which a licence or a certificate of exemption has been issued—
at all reasonable times enter and inspect the treatment centre, with such assistants as may be necessary;
require the production of, and examine or take copies of any book, document or other article relating to the operation or management of the treatment centre or to any other activity carried out in or in relation to the treatment centre;
require any information relating to such operation, management or activity to be furnished;
remove for further examination any book, document or other article which he has reason to suspect is or contains—
evidence of the commission of an offence against this Ordinance; or
evidence of a ground for the cancellation of the licence or certificate of exemption;
do such other things as are necessary for the inspection of the treatment centre or for the inspection or testing of any equipment, works or system used for or in connection with the operation, keeping, management or other control of the treatment centre.
For the purposes of this Ordinance, the Director or any public officer authorized by a warrant issued under subsection (4) may, with such assistants as may be necessary, enter and inspect any place which he has reason to suspect is being used as a treatment centre without a licence or certificate of exemption.
Where pursuant to subsection (2), the Director or a public officer has entered any place, he may—
require any person apparently in charge of the place to produce for his examination any book, document or other article relating to the management of any business being carried on in the place or to furnish any information relating to such management or business, and to take copies;
remove for further examination any book, document or other article which he has reason to suspect is or contains evidence of the commission of an offence against this Ordinance.
If a magistrate is satisfied by information on oath that there are reasonable grounds for suspecting that a place is being used as a treatment centre without a licence or certificate of exemption, he may issue a warrant authorizing the Director or any public officer, with such assistants as may be necessary, to enter and inspect that place for the purposes of this Ordinance, and may authorize the use of such force as may be necessary in effecting the entry.
Where any book, document or other article is removed by the Director or a public officer under—
subsection (1)(d)(i) or (3)(b) and no prosecution is instituted in respect of the suspected offence to which they relate within 6 months after the day of their removal; or
subsection (1)(d)(ii) and no notice is given to the specified operator under section 15(1) within 6 months after the day of their removal,
the Director or public officer shall return or arrange for the return of such book, document or article to the specified operator or the person from whom they were so removed (as the case may be).
A person who—
fails, without reasonable excuse, to produce any book, document or other article upon being so required under section 18;
fails, without reasonable excuse, to furnish any information upon being so required under section 18;
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
obstructs any person in the exercise of any of that person’s powers under section 18,
commits an offence.
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.
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.
If—
a person who commits an offence under this Ordinance is a body corporate; and
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.
If—
a person who commits an offence under this Ordinance is a partner of a partnership; and
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.
Any prosecution under the provisions of this Ordinance shall be commenced—
within 6 months of the commission of the offence; or
within 6 months of the offence being discovered by or coming to the notice of the Director,
whichever is the later.
A statement or admission made by a person—
for the purpose of being admitted to a treatment centre for treatment or rehabilitation; or
while he is undergoing treatment or rehabilitation at a treatment centre,
is inadmissible as evidence in any proceedings against him under the Dangerous Drugs Ordinance (Cap. 134).
Any information obtained in the course of or as a result of the production or removal of any book, document or other article under section 18(1) or (3) is inadmissible as evidence against any person who is undergoing or has undergone treatment or rehabilitation in a treatment centre in any proceedings under the Dangerous Drugs Ordinance (Cap. 134).
A person who is aggrieved by a determination or decision of the Director made in respect of him under any of the following provisions may appeal to the Administrative Appeals Board—
section 6(2)(b) (refusing to issue a licence);
section 8(3)(b) (refusing to issue a certificate of exemption);
section 9(3)(b) (refusing to renew a licence or certificate of exemption);
section 14 (cancelling a licence or certificate of exemption).
An appeal under subsection (1) shall be made within 21 days after the person aggrieved has received notice of the determination or decision.
The effect of a decision that is appealed against under subsection (1) shall be suspended as from the day on which the appeal is made until such appeal is disposed of, withdrawn or abandoned unless—
such suspension would, in the opinion of the Director, be contrary to the public interest; and
the notice of the decision—
contains a statement to that effect; and
states the ground on which the Director’s opinion is based.
The Director may issue from time to time Codes of Practice—
setting out principles, procedures or guidelines for the operation, management or other control of treatment centres;
providing practical guidance in respect of any one or more of the requirements of this Ordinance.
A copy of any Code of Practice issued under subsection (1) shall be made available by the Director for inspection by the public free of charge at such offices of the Government as the Director may direct during the usual hours of business of the offices.
A notice or other document (howsoever described) authorized or required to be served on a person under this Ordinance shall be deemed to be so served if—
in the case of an individual, it is—
delivered to him;
left at his last known address; or
sent by post to him at such address;
in the case of a body corporate, it is—
given to or served on a director of the body corporate;
left at the body corporate’s last known address; or
sent by post to the body corporate at such address; and
in the case of a partnership, it is—
delivered, left or sent in accordance with paragraph (a) on any partner who is an individual; or
given, served, left or sent in accordance with paragraph (b) on any partner which is a body corporate.
No fee is payable—
on an application for the issue or renewal of a licence or certificate of exemption; or
for the issue or renewal of a licence or certificate of exemption.
The Chief Executive in Council may by regulation provide for—
the operation, management, supervision and inspection of treatment centres;
the duties and responsibilities of specified operators;
the keeping of books of accounts, records or other information in respect of the operation or activities of, or drug dependent persons admitted to, treatment centres;
the reports and information to be supplied to the Director in respect of treatment centres;
the design, structure, hygiene and sanitation of treatment centres;
the precautions to be taken against fire or other peril likely to endanger the lives or health of drug dependent persons undergoing treatment or rehabilitation at treatment centres;
subject to section 27, the fees to be charged for any matter prescribed or permitted by this Ordinance;
generally, carrying into effect the provisions of this Ordinance.
Any regulation made under this section may—
provide for the exemption of any treatment centre from the application of the regulation or any provision of the regulation;
empower the Director to grant exemptions, with or without conditions, from the application of the regulation or any provision of the regulation;
prohibit the performance of particular actions without the consent of the Director;
authorize the Director to require or prohibit the performance of particular actions; and
require particular actions to be performed to the satisfaction of the Director.
Any regulation made under this section may provide that a contravention of any provision thereof shall be an offence punishable by a fine at level 4 and to imprisonment for 3 months.
The amount of fees provided for under subsection (1)(g) need not be limited by reference to the amount of administrative or other costs incurred or likely to be incurred by the Director in the discharge of his functions under this Ordinance.
Any regulation made under subsection (1)(g) may provide for the waiver, remission, reduction or refund of any fee.
The Secretary for Security may by order amend the Schedule.
Where a person is operating a treatment centre immediately before the commencement of section 4, a certificate of exemption is deemed to have been issued unconditionally in respect of the treatment centre specifying the person as the specified operator.
A certificate of exemption deemed to have been issued under subsection (1) has effect—
until the expiration of 3 months after the date of that commencement; or
if the person has made an application in respect of the treatment centre in accordance with section 6 or 8 within 3 months before that expiration—
until the issue of the licence or certificate of exemption (as the case may be) so applied for; or
(in the case of the application being refused) until 21 days after he has received notice of the decision or, if an appeal is made against the decision under section 24, until such appeal is disposed of, withdrawn or abandoned.
(Omitted as spent—E.R. 5 of 2021)
(Omitted as spent—E.R. 5 of 2021)
(Omitted as spent—E.R. 5 of 2021)