Cap. 613A 《殘疾人士院舍規例》Residential Care Homes (Persons with Disabilities) Regulation
生效中Residential Care Homes (Persons with Disabilities) Regulation
(Enacting provision omitted—E.R. 1 of 2012)
[18 November 2011] L.N. 112 of 2011
Part 1 — Preliminary
1. (Omitted as spent—E.R. 1 of 2012)
2. Interpretation
In this Regulation—
ancillary worker (助理員) means any person, other than a care worker, health worker or nurse, employed by an operator whose duties include those of a cook, domestic servant, driver, gardener, watchman, welfare worker or clerk; applicable fee (適用費用), in relation to a matter, means the fee specified in Schedule 2 payable for that matter; (12 of 2023 s. 75) care worker (護理員) means any person, other than an ancillary worker, health worker or nurse, employed by an operator to render personal care to residents; health worker (保健員) means a person who is responsible for providing health and care services to residents; (12 of 2023 s. 75) high care level home (高度照顧院舍) means a residential care home for PWDs within the meaning of section 3(a); (12 of 2023 s. 75) home manager (主管) means any person responsible for the management of a residential care home for PWDs; low care level home (低度照顧院舍) means a residential care home for PWDs within the meaning of section 3(c); (12 of 2023 s. 75) medium care level home (中度照顧院舍) means a residential care home for PWDs within the meaning of section 3(b); (12 of 2023 s. 75) particulars of identity (身分詳情) means the particulars set out on an identity card issued under the Registration of Persons Ordinance (Cap. 177); (12 of 2023 s. 75) pre-material-date home manager (關鍵日期前的主管) means a person who was employed as a home manager in a residential care home for PWDs or a residential care home for the elderly immediately before the material date; (12 of 2023 s. 75) register of health workers (保健員註冊紀錄冊) means the register kept under section 5(1); (12 of 2023 s. 75) register of home managers (主管註冊紀錄冊) means the register kept under section 3X(1); (12 of 2023 s. 75) registered health worker (註冊保健員) means a person whose name appears on the register of health workers; (12 of 2023 s. 75) registered home manager (註冊主管) means a person whose name appears on the list of persons registered as registered home managers in the register of home managers; (12 of 2023 s. 75) registered home manager (provisional) (註冊主管(臨時)) means a person whose name appears on the list of persons registered as registered home managers (provisional) in the register of home managers; (12 of 2023 s. 75) Secretary (局長) means the Secretary for Labour and Welfare. (12 of 2023 s. 75)Part 2 — Types of Residential Care Homes for PWDs
3. Types of residential care homes for PWDs
For the purposes of sections 7(4)(c) and 11(3)(c) of the Ordinance and this Regulation, a residential care home for PWDs may be classified as— (12 of 2023 s. 76)
a “high care level home”, namely, an establishment providing residential care for PWDs who are generally weak in health and lack basic self-care skill to the extent that they require personal care, attention and assistance in the course of daily living activities but do not require a high degree of professional medical or nursing care;
a “medium care level home”, namely, an establishment providing residential care for PWDs who are capable of basic self-care but have a degree of difficulty in daily living activities; or
a “low care level home”, namely, an establishment providing residential care for PWDs who are capable of basic self-care and require only minimal assistance in daily living activities.
Part 2A — Registration of Home Managers
(Part 2A added 12 of 2023 s. 77)
Division 1 — Registered Home Managers
3A. Application for registration as registered home manager
An application for registration as a registered home manager must—
be made to the Director in the form and manner specified by the Director; and
contain the information specified by the Director.
On the application, the Director may register the applicant as a registered home manager if—
the Director is satisfied that the applicant—
meets the qualification requirement specified in section 3B;
is competent to perform the duties of a home manager; and
is fit and proper to be so registered; and
the applicant has paid the applicable fee for the registration.
The Director may impose on the registration any condition that the Director considers appropriate, including any condition relating to continuous learning.
3B. Qualification requirement for registration as registered home manager
For section 3A(2)(a)(i), the qualification requirement is that—
the person—
is one specified in subsection (2)(a), (b), (c) or (d); and
has completed a training course specified by the Director; or
the person is a registered home manager as defined by section 2 of Cap. 459A.
The following persons are specified for subsection (1)(a)(i)—
a person who—
holds—
a professional qualification relating to healthcare or social work specified by the Director; or
a bachelor or higher degree, or an academic qualification regarded by the Director as equivalent; and
has, within 3 years before making the application, worked in one or more residential care homes for PWDs or residential care homes for the elderly for a total of at least 1 year in a position involving or assisting in the management of the residential care homes for PWDs or residential care homes for the elderly;
a person who—
is a registered health worker within the meaning of this Regulation, or a registered health worker as defined by section 2 of Cap. 459A; and
has worked in one or more residential care homes for PWDs or residential care homes for the elderly as a health worker for a total of at least 5 years;
a pre-material-date home manager who applies for registration as a registered home manager under section 3A during the 6-month period beginning on the material date;
a pre-material-date home manager who is—
a registered home manager (provisional) within the meaning of this Regulation; or
a registered home manager (provisional) as defined by section 2 of Cap. 459A.
3C. Fit and proper requirement for registration as registered home manager
For section 3A(2)(a)(iii), in considering whether a person is fit and proper to be registered as a registered home manager, the Director must have regard to all relevant matters, including—
whether the person has been—
convicted of an offence involving fraud or dishonesty, or of a sexual nature, in any place;
convicted of an indictable offence in Hong Kong;
sentenced to imprisonment (however described) in a place outside Hong Kong, whether or not the sentence is suspended; or
if any professional or academic qualification of the person (whether or not relating to healthcare or social work) has been revoked—the reason for the revocation.
3D. Notice of decision on application for registration
On determining an application under section 3A, the Director must give a written notice of the decision to the applicant.
If the application is approved, the notice must state the validity period of the registration.
If the application is refused, the notice must state—
the reason for the refusal; and
that the applicant may appeal under section 3K.
3E. Renewal of registration as registered home manager
A registered home manager may apply for the renewal of the registration.
The application must—
be made to the Director at least 3 months before, but not earlier than 6 months before, the expiry of the registration;
be made in the form and manner specified by the Director; and
contain the information specified by the Director.
On the application, the Director may renew the registration if—
the Director is satisfied that the registered home manager—
still meets the requirements for registration under section 3A(2)(a)(ii) and (iii); and
complies with all conditions imposed on the registration; and
the manager has paid the applicable fee for the renewal.
The Director may impose on the renewed registration any condition that the Director considers appropriate, including any condition relating to continuous learning.
3F. Notice of decision on application for renewal of registration
On determining an application under section 3E, the Director must give a written notice of the decision to the applicant.
If the application is approved, the notice must state the validity period of the renewed registration.
If the application is refused, the notice must state—
the reason for the refusal; and
that the applicant may appeal under section 3K.
3G. Registration remains in effect pending determination of renewal application
This section applies if—
a registered home manager applies for the renewal of the registration under section 3E; and
the registration would, but for this section, have expired before the application is determined.
The registration remains in effect until—
the Director determines the application; or
the registered home manager withdraws the application.
3H. Validity period of registration as registered home manager
The validity period of a registration or renewed registration as a registered home manager is to be decided by the Director and must not exceed 5 years.
3I. Cancellation of registration as registered home manager
The Director may cancel a person’s registration as a registered home manager if satisfied that—
the registration was obtained by fraudulent means;
the person no longer meets the requirement for registration under section 3A(2)(a)(ii) or (iii); or
the person contravenes—
a condition imposed on the registration under section 3A(3) or 3E(4); or
section 3W.
The Director must cancel a person’s registration as a registered home manager—
if the person makes a written request to the Director for cancelling the registration; or
The cancellation takes effect—
for a cancellation under subsection (1)—subject to section 3K(3), on the expiry of 21 days after the day on which the Director gives the notice under section 3J; or
for a cancellation under subsection (2)—on the expiry of 21 days after the day on which the Director gives the notice under section 3J.
3J. Notice of cancellation of registration
If the Director decides to cancel a person’s registration under section 3I, the Director must give a written notice of the decision to—
the person; and
if the person is employed in a residential care home for PWDs when the decision is made—the operator and the responsible person of the residential care home.
The notice must state—
the date on which the cancellation takes effect under section 3I(3);
the reason for cancelling the registration; and
if the registration is cancelled under section 3I(1)—that the person may appeal under section 3K.
3K. Appeals to Secretary
If the Director—
decides to refuse to register a person under section 3A;
decides to refuse to renew a person’s registration under section 3E; or
decides to cancel a person’s registration under section 3I(1),
the person may, by written notice, appeal to the Secretary against the decision.
The notice must—
state the grounds of appeal; and
be delivered to the Director within 21 days after the day on which the Director gives the notice of the decision.
If an appeal is made against a decision described in subsection (1)(c), the decision does not have effect pending the determination of the appeal by the Secretary.
When considering an appeal against a decision of the Director, the Secretary—
must give the appellant and the Director an opportunity of being heard; and
may confirm, vary or reverse the decision and, if the decision is reversed, substitute for the decision a decision that the Secretary considers appropriate.
If the Secretary varies, or substitutes another decision for, the Director’s decision, the decision as varied or the substituted decision must be one that the Director had power to make.
On the determination of the appeal by the Secretary, the Director must give a written notice of the determination to—
the appellant; and
if the appellant is employed in a residential care home for PWDs when the appeal is determined—the operator and the responsible person of the residential care home.
The notice referred to in subsection (6) must state the reason for the determination.
3L. Registration remains in effect pending determination of appeal
This section applies if—
a person appeals against a decision described in section 3K(1)(b) or (c); and
the person’s registration as a registered home manager would, but for this section, have expired before the appeal is determined.
The registration remains in effect until—
the Secretary determines the appeal; or
the person withdraws the appeal.
Division 2 — Registered Home Managers (Provisional)
3M. Application for registration as registered home manager (provisional)
An application for registration as a registered home manager (provisional) must—
be made to the Director in the form and manner specified by the Director; and
contain the information specified by the Director.
On the application, the Director may register the applicant as a registered home manager (provisional) if—
the Director is satisfied that the applicant—
meets the qualification requirement specified in section 3N;
is competent to perform the duties of a home manager;
is fit and proper to be so registered; and
if the applicant is not a pre-material-date home manager—on being so registered, will be employed as a home manager in a residential care home for PWDs under section 11(1)(a); and
the applicant has paid the applicable fee for the registration.
The Director may impose on the registration any condition that the Director considers appropriate, including any condition relating to continuous learning.
3N. Qualification requirement for registration as registered home manager (provisional)
For section 3M(2)(a)(i), the qualification requirement is that the person—
holds a professional qualification relating to healthcare or social work specified by the Director;
holds a bachelor or higher degree, or an academic qualification regarded by the Director as equivalent; or
is a pre-material-date home manager who applies for registration as a registered home manager (provisional) under section 3M during the 6-month period beginning on the material date.
3O. Fit and proper requirement for registration as registered home manager (provisional)
For section 3M(2)(a)(iii), in considering whether a person is fit and proper to be registered as a registered home manager (provisional), the Director must have regard to all relevant matters, including the matters mentioned in section 3C(a) and (b).
3P. Notice of decision on application for registration
On determining an application under section 3M, the Director must give a written notice of the decision to the applicant.
If the application is approved, the notice must state the validity period of the registration.
If the application is refused, the notice must state—
the reason for the refusal; and
that the applicant may appeal under section 3V.
3Q. Validity period of registration as registered home manager (provisional)
The validity period of a registration as a registered home manager (provisional) is to be decided by the Director and must not exceed 2 years.
3R. Extension of validity period
A person who is registered as a registered home manager (provisional) because of meeting the qualification requirement specified in section 3N(c) may apply for the extension of the validity period of the registration once.
The application must—
be made to the Director before the expiry of the registration;
be made in the form and manner specified by the Director; and
contain the information specified by the Director.
The Director may extend the validity period of the registration for a period of not more than 2 years only if satisfied that there are exceptional circumstances that justify the extension.
3S. Registration remains in effect pending determination of certain application
This section applies if—
a registered home manager (provisional) applies—
for registration under section 3A; or
for the extension of the validity period of the registration under section 3R; and
the registration would, but for this section, have expired before the application is determined.
The registration remains in effect until—
the Director determines the application; or
the registered home manager (provisional) withdraws the application.
3T. Cancellation of registration as registered home manager (provisional)
The Director may cancel a person’s registration as a registered home manager (provisional) if satisfied that—
the registration was obtained by fraudulent means;
the person no longer meets the requirement for registration under section 3M(2)(a)(ii) or (iii); or
the person contravenes—
a condition imposed on the registration under section 3M(3); or
section 3W.
The Director must cancel a person’s registration as a registered home manager (provisional)—
if the person is registered as a registered home manager under section 3A;
if the person makes a written request to the Director for cancelling the registration; or
The cancellation takes effect—
for a cancellation under subsection (1)—subject to section 3V(3), on the expiry of 21 days after the day on which the Director gives the notice under section 3U;
for a cancellation under subsection (2)(a)—on the day on which the registration under section 3A takes effect; or
for a cancellation under subsection (2)(b) or (c)—on the expiry of 21 days after the day on which the Director gives the notice under section 3U.
3U. Notice of cancellation of registration
If the Director decides to cancel a person’s registration under section 3T, the Director must give a written notice of the decision to—
the person; and
if the person is employed in a residential care home for PWDs when the decision is made—the operator and the responsible person of the residential care home.
The notice must state—
the date on which the cancellation takes effect under section 3T(3);
the reason for cancelling the registration; and
if the registration is cancelled under section 3T(1)—that the person may appeal under section 3V.
3V. Appeals to Secretary
If the Director—
decides to refuse to register a person under section 3M; or
decides to cancel a person’s registration under section 3T(1),
the person may, by written notice, appeal to the Secretary against the decision.
The notice must—
state the grounds of appeal; and
be delivered to the Director within 21 days after the day on which the Director gives the notice of the decision.
If an appeal is made against a decision described in subsection (1)(b), the decision does not have effect pending the determination of the appeal by the Secretary.
When considering an appeal against a decision of the Director, the Secretary—
must give the appellant and the Director an opportunity of being heard; and
may confirm, vary or reverse the decision and, if the decision is reversed, substitute for the decision a decision that the Secretary considers appropriate.
If the Secretary varies, or substitutes another decision for, the Director’s decision, the decision as varied or the substituted decision must be one that the Director had power to make.
On the determination of the appeal by the Secretary, the Director must give a written notice of the determination to—
the appellant; and
if the appellant is employed in a residential care home for PWDs when the appeal is determined—the operator and the responsible person of the residential care home.
The notice referred to in subsection (6) must state the reason for the determination.
Division 3 — Reporting Requirements
3W. Registered home manager or registered home manager (provisional) to report certain events
A registered home manager or a registered home manager (provisional) must report to the Director if—
a prosecution is started against the manager for an indictable offence in Hong Kong;
a prosecution is started against the manager for an offence punishable with imprisonment (however described) in a place outside Hong Kong;
the manager is convicted of an indictable offence in Hong Kong;
the manager is sentenced to imprisonment (however described) in a place outside Hong Kong, whether or not the sentence is suspended;
any professional or academic qualification of the manager (whether or not relating to healthcare or social work) is revoked; or
there is a change in the name or correspondence address of the manager.
The report must—
be given in writing—
for an event described in subsection (1)(a), (b), (c), (d) or (e)—as soon as reasonably practicable after the event occurs; or
for a change described in subsection (1)(f)—within 3 months after the change occurs; and
contain the information specified by the Director.
Division 4 — Register of Home Managers
3X. Register of home managers
The Director must keep a register containing—
a list of persons registered as registered home managers under Division 1; and
a list of persons registered as registered home managers (provisional) under Division 2.
The purpose of the register is to enable the public to ascertain—
whether a person is a registered home manager or registered home manager (provisional); and
the particulars of the registration.
Each list in the register—
must contain the name and correspondence address of each person on the list; and
may contain other particulars that the Director considers appropriate.
The Director may make any amendment to the register that the Director considers necessary for securing its accuracy or keeping it up-to-date.
The Director must remove from the register the name of a person if—
it has come to the notice of the Director that the person has died; or
the person’s registration ceases to have effect on expiry or cancellation.
3Y. Inspection of register of home managers
The Director must make the register of home managers available for public inspection—
free of charge;
at offices of the Government that the Director directs; and
during the hours when those offices are open to the public.
Part 3 — Registration of Health Workers
4. Qualifications for registration as registered health worker
A person who meets either of the following requirements is qualified to be registered as a registered health worker for the purposes of employment at a residential care home for PWDs— (12 of 2023 s. 78)
the person has completed a course of training approved by the Director in writing either generally or in any particular case;
by reason of the person’s education, training, professional experience and skill in health work, the Director is satisfied that the person is a suitable person to be registered as a registered health worker.
5. Register of health workers
The Director must keep a register containing a list of persons registered as registered health workers under this Part. (12 of 2023 s. 79)
The purpose of the register is to enable the public to ascertain—
whether a person is a registered health worker; and
the particulars of the registration. (12 of 2023 s. 79)
The register—
must contain the name and correspondence address of each person in the register; and
may contain other particulars that the Director considers appropriate. (12 of 2023 s. 79)
The register must be available for inspection by the public free of charge at any offices of the Government that the Director directs, during the hours when those offices are open to the public.
The Director may make any amendment to the register that the Director considers necessary for securing its accuracy or keeping it up-to-date. (12 of 2023 s. 79)
The Director must remove from the register the name of a person if—
it has come to the notice of the Director that the person has died; or
the person’s registration ceases to have effect on expiry or cancellation. (12 of 2023 s. 79)
(Repealed 12 of 2023 s. 79)
6. Application for registration as registered health worker
An application for registration as a registered health worker must—
be made to the Director in the form and manner specified by the Director; and
contain the information specified by the Director.
On the application, the Director may register the applicant as a registered health worker if—
the Director is satisfied that the applicant—
is qualified under section 4 to be so registered;
is competent to perform the duties of a health worker; and
is fit and proper to be so registered; and
the applicant has paid the applicable fee for the registration.
The Director may impose on the registration any condition that the Director considers appropriate, including any condition relating to continuous learning.
7. Notice of decision on application for registration
On determining an application under section 6, the Director must give a written notice of the decision to the applicant.
If the application is approved, the notice must state the validity period of the registration.
If the application is refused, the notice must state—
the reason for the refusal; and
that the applicant may appeal under section 10.
7A. Renewal of registration as registered health worker
A registered health worker may apply for the renewal of the registration.
The application must—
be made to the Director at least 3 months before, but not earlier than 6 months before, the expiry of the registration;
be made in the form and manner specified by the Director; and
contain the information specified by the Director.
On the application, the Director may renew the registration if—
the Director is satisfied that the registered health worker—
still meets the requirements for registration under section 6(2)(a); and
complies with all conditions imposed on the registration; and
the health worker has paid the applicable fee for the renewal.
The Director may impose on the renewed registration any condition that the Director considers appropriate, including any condition relating to continuous learning.
7B. Notice of decision on application for renewal of registration
On determining an application under section 7A, the Director must give a written notice of the decision to the applicant.
If the application is approved, the notice must state the validity period of the renewed registration.
If the application is refused, the notice must state—
the reason for the refusal; and
that the applicant may appeal under section 10.
7C. Registration remains in effect pending determination of renewal application
This section applies if—
a registered health worker applies for the renewal of the registration under section 7A; and
the registration would, but for this section, have expired before the application is determined.
The registration remains in effect until—
the Director determines the application; or
the registered health worker withdraws the application.
7D. Validity period of registration as registered health worker
The validity period of a registration or renewed registration as a registered health worker is to be decided by the Director and must not exceed 5 years.
8. Cancellation of registration as registered health worker
The Director may cancel a person’s registration as a registered health worker if satisfied that—
the registration was obtained by fraudulent means;
the person no longer meets the requirement for registration under section 6(2)(a)(i), (ii) or (iii); or
the person contravenes—
a condition imposed on the registration under section 6(3) or 7A(4); or
section 10B.
The Director must cancel a person’s registration as a registered health worker—
if the person makes a written request to the Director for cancelling the registration; or
The cancellation takes effect—
for a cancellation under subsection (1)—subject to section 10(3), on the expiry of 21 days after the day on which the Director gives the notice under section 9; or
for a cancellation under subsection (2)—on the expiry of 21 days after the day on which the Director gives the notice under section 9.
9. Notice of cancellation of registration
If the Director decides to cancel a person’s registration under section 8, the Director must give a written notice of the decision to—
the person; and
if the person is employed in a residential care home for PWDs when the decision is made—the operator and the responsible person of the residential care home. (12 of 2023 s. 84)
The notice must state—
the date on which the cancellation takes effect under section 8(3);
the reason for cancelling the registration; and
if the registration is cancelled under section 8(1)—that the person may appeal under section 10. (12 of 2023 s. 84)
10. Appeals to Secretary
If the Director—
decides to refuse to register a person under section 6;
decides to refuse to renew a person’s registration under section 7A; or
decides to cancel a person’s registration under section 8(1),
the person may, by written notice, appeal to the Secretary against the decision.
The notice must—
state the grounds of appeal; and
be delivered to the Director within 21 days after the day on which the Director gives the notice of the decision.
If an appeal is made against a decision described in subsection (1)(c), the decision does not have effect pending the determination of the appeal by the Secretary.
When considering an appeal against a decision of the Director, the Secretary—
must give the appellant and the Director an opportunity of being heard; and
may confirm, vary or reverse the decision and, if the decision is reversed, substitute for the decision a decision that the Secretary considers appropriate.
If the Secretary varies, or substitutes another decision for, the Director’s decision, the decision as varied or the substituted decision must be one that the Director had power to make.
On the determination of the appeal by the Secretary, the Director must give a written notice of the determination to—
the appellant; and
if the appellant is employed in a residential care home for PWDs when the appeal is determined—the operator and the responsible person of the residential care home.
The notice referred to in subsection (6) must state the reason for the determination.
10A. Registration remains in effect pending determination of appeal
This section applies if—
a person appeals against a decision described in section 10(1)(b) or (c); and
the person’s registration as a registered health worker would, but for this section, have expired before the appeal is determined.
The registration remains in effect until—
the Secretary determines the appeal; or
the person withdraws the appeal.
10B. Registered health worker to report certain events
A registered health worker must report to the Director if—
a prosecution is started against the health worker for an indictable offence in Hong Kong;
a prosecution is started against the health worker for an offence punishable with imprisonment (however described) in a place outside Hong Kong;
the health worker is convicted of an indictable offence in Hong Kong;
the health worker is sentenced to imprisonment (however described) in a place outside Hong Kong, whether or not the sentence is suspended; or
there is a change in the name or correspondence address of the health worker.
The report must—
be given in writing—
for an event described in subsection (1)(a), (b), (c) or (d)—as soon as reasonably practicable after the event occurs; or
for a change described in subsection (1)(e)—within 3 months after the change occurs; and
contain the information specified by the Director.
10C. Transitional provisions relating to registration before material date
Unless renewed under section 7A, a registration under section 6 that has effect immediately before the material date expires at midnight on the last day of the 5-year period beginning on the material date (expiry date).
Despite section 7A(2)(a), an application for the renewal of the registration—
may be made at any time on or after the material date; but
must be made at least 6 months before the expiry date.
10D. Application for registration as registered health worker pending on material date
If an application for registration under section 6—
was made before the material date; but
has not been determined by the Director before that date,
this Part, as amended by the Residential Care Homes Legislation (Miscellaneous Amendments) Ordinance 2023 (12 of 2023), applies in relation to the application.
Part 4 — Duties of Operators
11. Staffing requirements
An operator of a residential care home for PWDs must—
employ a home manager for the residential care home; and
ensure that Schedule 1 is complied with in relation to the residential care home. (12 of 2023 s. 87)
An operator of a residential care home for PWDs must not employ any person as—
a home manager—
unless the person is a registered home manager or a registered home manager (provisional); and
for any purpose other than employment as a home manager; (12 of 2023 s. 87)
an ancillary worker for any purpose other than employment as an ancillary worker;
a care worker for any purpose other than employment as a care worker;
a health worker—
unless the person is a registered health worker; and (12 of 2023 s. 87)
for any purpose other than employment as a health worker; or
a nurse—
unless the person is a person with full registration, limited registration, full enrolment or limited enrolment within the meaning of the Nurses Registration Ordinance (Cap. 164); and (12 of 2023 s. 87; 24 of 2024 s. 95)
for any purpose other than employment as a nurse.
An operator of a residential care home for PWDs must inform the Director in writing within 14 days after any change in the employment of a home manager of the residential care home under subsection (1)(a) has occurred.
An operator who contravenes subsection (1), (2) or (3) commits an offence and is liable to a fine at level 5. (12 of 2023 s. 87)
12. Maintenance of records by operators
An operator of a residential care home for PWDs must maintain a record of the name, address and particulars of identity of every person employed in the residential care home.
An operator who contravenes subsection (1) commits an offence and is liable to a fine at level 5. (12 of 2023 s. 88)
13. Operators to provide plans etc.
The Director may, by a notice in writing given to an operator of a residential care home for PWDs, require the operator to provide to the Director a plan or diagram, with dimensions of the premises of the residential care home, before the expiry of the time, being not less than 14 days, indicated in the notice.
An operator to whom a notice is given under subsection (1) must, before the expiry of the time indicated in the notice, provide the plan or diagram required by the Director.
An operator who contravenes subsection (2) commits an offence and is liable to a fine at level 5. (12 of 2023 s. 89)
14. Operators to provide details of fees
The Director may, by a notice in writing given to an operator of a residential care home for PWDs, require the operator to provide to the Director details of any fees or charges payable by the residents of the residential care home, before the expiry of the time, being not less than 14 days, indicated in the notice.
An operator to whom a notice is given under subsection (1) must, before the expiry of the time indicated in the notice, provide the details of the fees and charges required by the Director.
An operator must inform the Director in writing within 14 days after any change in the fees and charges payable by the residents.
An operator who contravenes subsection (2) or (3) commits an offence and is liable to a fine at level 5. (12 of 2023 s. 90)
15. Operators to ensure advertisement contains certain information
An operator of a residential care home for PWDs must ensure that every advertisement published by or on behalf of the operator for promoting the residential care home contains information to the effect that a licence or a certificate of exemption is for the time being in force in respect of the residential care home.
(Repealed 12 of 2023 s. 91)
An operator who contravenes subsection (1) commits an offence and is liable to a fine at level 5.
In subsection (1)—
advertisement (廣告) includes any advertisement in the form of any words (written or spoken), picture, drawing, visual image, figure or article— (a)appearing in any publication; or (b)brought to the notice of the general public or any section of the general public in any other way; publish (發布) includes issue, circulate, display, distribute and broadcast. (12 of 2023 s. 91)Part 5 — Duties of Home Managers
15A. Application of Part 5
This Part applies to a person who is employed by an operator of a residential care home for PWDs as a home manager of the residential care home in compliance with section 11(1)(a).
16. Submission of staff list by home managers
A home manager must, in relation to a residential care home for PWDs and if required by the Director in writing, submit to the Director a list of staff employed by the operator of the residential care home under section 11, within 14 days of being required to do so.
A home manager must, in relation to a residential care home for PWDs, at least once every 3 months inform the Director in writing of any change in the list of staff employed by the operator of the residential care home under section 11.
A home manager who contravenes subsection (1) or (2) commits an offence and is liable to a fine at level 5. (12 of 2023 s. 93)
17. Maintenance of records by home managers
A home manager of a residential care home for PWDs must maintain a record of—
the name, address and particulars of identity of every resident;
the name, address and particulars of identity of at least one relative or one contact person of every resident;
where or how the relative or contact person may be contacted in an emergency;
the date of admission and discharge of every resident;
any accident or illness suffered by a resident and of any remedial action taken in relation to that accident or illness;
any death of a resident;
any action taken, including the use of force or restraint, to prevent or restrain a resident from self-injury or injuring others, or damaging property, or creating a disturbance;
possessions or property stored or held on behalf of every resident; and
any complaint made by a resident or any other person relating to the management or operation of the residential care home and of any remedial action taken in relation to that complaint.
A home manager who contravenes subsection (1) commits an offence and is liable to a fine at level 5.
18. Information to be provided by home managers
The Director may, by a notice in writing given to a home manager of a residential care home for PWDs, require the home manager to provide any information concerning the residential care home that the Director may require, before the expiry of the time, being not less than 14 days, indicated in the notice.
A home manager to whom a notice is given under subsection (1) must, before the expiry of the time indicated in the notice, provide the information required by the Director.
A home manager who contravenes subsection (2) commits an offence and is liable to a fine at level 5. (12 of 2023 s. 95)
19. Home managers to report scheduled infectious disease
If a home manager of a residential care home for PWDs reasonably suspects or knows of a case of a scheduled infectious disease amongst the residents or staff of the residential care home or reasonably suspects or knows that a resident or staff member has been in contact with a case of a scheduled infectious disease, the home manager must immediately so report to the Director.
A home manager who contravenes subsection (1) commits an offence and is liable to a fine at level 5. (12 of 2023 s. 96)
In this section—
scheduled infectious disease (表列傳染病) has the meaning given by section 2 of the Prevention and Control of Disease Ordinance (Cap. 599).Part 6 — Location and Design of Residential Care Homes for PWDs
20. Location
A residential care home for PWDs must not be situated in any part of—
an industrial building; or
any premises the floor of which is immediately over the ceiling or immediately below the floor slab of any premises in which any trade that, in the opinion of the Director, may pose a risk to the life or safety of the residents is carried on.
21. Height
Subject to subsection (2), a residential care home for PWDs, including any part of it, must not be situated at a height more than 24 m above the street level, measuring vertically from the street level to the floor of the premises in which the residential care home is or is to be situated.
The Director may, by a notice in writing given to an operator of a residential care home for PWDs, authorize that any part of the residential care home may be situated at a height more than 24 m above the street level as may be indicated in the notice.
22. Design
A residential care home for PWDs must, to the satisfaction of the Director, be designed to suit the particular needs of the residents as follows—
every passage and doorway must be wide enough to accommodate residents using walking aids or wheelchairs;
non-slip tiles must be fitted in every place where the safety of residents is in jeopardy by reason of a risk of slippage;
the ceiling of every room must, unless otherwise permitted by the Director, be situated at a height not less than 2.5 m measuring vertically from the floor or not less than 2.3 m measuring vertically from the floor to the underside of any beam;
any other requirements that may be set out in the Code of Practice issued by the Director under section 23 of the Ordinance.
23. Area of floor space per resident
The minimum area of floor space required for each resident of a residential care home for PWDs is—
for a high care level home—9.5 m2; or
for a medium care level home or a low care level home—8 m2. (12 of 2023 s. 97)
Despite subsection (1)—
for a high care level home to which this subsection applies, the minimum area of floor space required for each resident is—
during the 4-year period beginning on the material date—6.5 m2; and
during the 4-year period immediately after the period mentioned in subparagraph (i)—8 m2; or
for a medium care level home or a low care level home to which this subsection applies, during the 8-year period beginning on the material date, the minimum area of floor space required for each resident is 6.5 m2. (12 of 2023 s. 97)
Subsection (1A) applies to a residential care home for PWDs if—
a licence was in force in respect of the residential care home immediately before the material date; or
a licence is issued in respect of the residential care home on or after the material date on an application made before that date. (12 of 2023 s. 97)
In determining the area of floor space for the purposes of this section, the area of any open space, podium, garden or any other area in the residential care home which the Director is satisfied is unsuitable for the purposes of a residential care home for PWDs is to be disregarded.
24. Accessibility
A residential care home for PWDs must, to the satisfaction of the Director, be accessible by emergency services.
25. Heating, lighting and ventilation
A residential care home for PWDs must, to the satisfaction of the Director, be adequately heated, lighted and ventilated.
26. Toilet facilities
A residential care home for PWDs must be provided with toilet facilities and sanitary arrangements of a type approved by the Director.
A room used for toilet facilities must—
to the satisfaction of the Director, be provided with fittings appropriate to the use of the toilet facilities by the residents;
at all times be kept in a clean and sanitary condition; and
not be used for any other purpose.
27. Water supply and ablutions
A residential care home for PWDs must, to the satisfaction of the Director, be provided with—
an adequate and wholesome supply of water;
adequate washing and laundering facilities; and
adequate bathing facilities.
28. Repair
A residential care home for PWDs must, to the satisfaction of the Director, be kept in a state of good repair.
Part 7 — Residents’ Health, Safety and Well-being
29. Precautions for health and safety
In a residential care home for PWDs, the design, the construction (including the fire resistance of the elements of construction) and the properties of the materials must be such that the health and safety of the residents, and in particular their safe escape in the event of fire, are, to the satisfaction of the Director, reasonably assured.
30. Fire prevention equipment
A residential care home for PWDs must, to the satisfaction of the Director of Fire Services, be provided with adequate apparatus and equipment to safeguard the residential care home against fire.
31. Fire exits
The fire exits and exit routes of a residential care home for PWDs must, to the satisfaction of the Director, be—
kept free from obstruction; and
adequately illuminated.
32. Inspection of premises by members of Fire Services Department
Any member of the Fire Services Department may, without warrant and on production if so required, of proof of the person’s membership and particulars of identity, at all reasonable times enter and inspect—
a residential care home for PWDs;
a building where a residential care home for PWDs is situated, if it appears to the member that a risk of fire to the residential care home may arise in the building; or
a building, place or premises adjacent or near to a residential care home for PWDs, if it appears to the member that a risk of fire to the residential care home may arise in the building, place or premises.
A person must not obstruct a member of the Fire Services Department in the exercise of the powers of the member under subsection (1).
A person who contravenes subsection (2) commits an offence and is liable to a fine at level 5. (12 of 2023 s. 100)
33. Report from Fire Services Department
Any member of the Fire Services Department may, in relation to any residential care home for PWDs, report to the Director any matter arising from an inspection under section 32 or relating to the protection of life or property under the Fire Services Ordinance (Cap. 95) and may make recommendations to the Director as to anything necessary to preclude danger from fire.
34. Storage and administration of medicine
All medicine kept in a residential care home for PWDs must, to the satisfaction of the Director, be kept in a secure and locked place.
A medicine that is prescribed by a registered medical practitioner, a registered Chinese medicine practitioner or a listed Chinese medicine practitioner for a resident in a residential care home for PWDs may only be administered to the resident in accordance with the prescription.
34A. Use of restraints
A restraint must not be used on a resident in a residential care home for PWDs unless—
the safety, health or well-being of the resident or other persons is endangered;
no other less restrictive means to avoid the danger are available in the circumstances; and
the requirements relating to obtaining consent to the use of restraint as set out in the Codes of Practice issued under section 23 of the Ordinance are complied with.
A restraint may only be used—
in the safe and proper manner as set out in the Codes of Practice; and
for no longer than is necessary.
The use of a restraint must be closely monitored and reviewed to ensure that subsections (1) and (2) are complied with in relation to the continued use of the restraint.
34B. Protection of residents’ dignity and privacy when providing care etc.
When a personal care service is provided to, or a nursing care procedure is performed on, a resident in a residential care home for PWDs, adequate facilities or measures must be provided or taken, to the satisfaction of the Director, to avoid improper exposure of body parts and protect the dignity and privacy of the resident.
35. Medical examination of residents
An operator of a residential care home for PWDs must ensure that every resident of the residential care home who has attained the age of 60 years is medically examined at least once in every 12 months.
The examination must be conducted by a registered medical practitioner, who must report in writing to the operator on the health of every resident mentioned in subsection (1).
A copy of the report must be kept by the operator and made available at all reasonable times for inspection by the Director or any inspector.
36. Discharge of residents by operators
An operator of a residential care home for PWDs may, by a notice in writing given to any resident of the residential care home and to a relative or contact person of the resident, discharge the resident and require the resident to quit the residential care home, before the expiry of the time, being not less than 30 days, indicated in the notice.
Part 8 — Fees
37. Fees
A fee specified in column 3 of Schedule 2 is payable to the Director for the matter described, opposite the fee, in column 2 of that Schedule.
Schedule 1 — Minimum Staffing Requirements
[s. 11]Part 1 — Preliminary
1. Interpretation of Schedule 1
In this Schedule—
on call (候命) means standing by and being ready to be on duty as soon as practicable after being called on; on-site (在場), in relation to a residential care home for PWDs, means being present in the residential care home; specified period (指明期間), in relation to a day, means the period from 6 a.m. to 10 p.m. on that day; staff member (員工) means a home manager, a nurse, a health worker, a care worker or an ancillary worker.2. Number of residents to be rounded up to next multiple
If, in relation to a residential care home for PWDs—
this Schedule requires at least 1 staff member for every specified number of residents (specified number); and
the number of residents of the residential care home is not a multiple of the specified number,
then, for the purpose of determining the number of staff members required, the number of residents of the residential care home is to be rounded up to the next multiple of the specified number.
Part 2 — Minimum Staffing Requirements
3. High care level home
For a high care level home, during or at the time specified in column 2 of Table 1 on every day, there must be at least the number of staff members that is specified in column 3 of Table 1 opposite the time.
| Column 1 | Column 2 | Column 3 |
| Item | Time | Minimum staffing requirement |
| Nurse and Health Worker | ||
| 1. | 11 hours within the specified period | 1 health worker (on duty) for every 30 residents, and for this purpose, 1 nurse (on duty) is considered equivalent to 2 health workers (on duty) |
| Care Worker | ||
| 2. | 10 hours within the specified period | 1 care worker (on duty) for every 20 residents |
| 3. | Any time other than the 10 hours mentioned in item 2 | 1 care worker (on duty) for every 40 residents |
| Ancillary Worker | ||
| 4. | 11 hours within the specified period | 1 ancillary worker (on duty) for every 40 residents |
| Any Staff Member | ||
| 5. | From 6 p.m. on a day to 7 a.m. on the next day | 2 staff members (on duty) (who may be persons engaged for complying with a requirement specified in any other item of this Table) |
| 6. | Any time when a resident is in the high care level home | 1 staff member (on-site and on duty) (who may be a person engaged for complying with a requirement specified in any other item of this Table) |
4. Medium care level home
For a medium care level home, during or at the time specified in column 2 of Table 2 on every day, there must be at least the number of staff members that is specified in column 3 of Table 2 opposite the time.
| Column 1 | Column 2 | Column 3 | |
| Item | Time | Minimum staffing requirement | |
| Nurse and Health Worker | |||
| 1. | 6 hours within the specified period | (a) | 1 nurse (on duty); or |
| (b) | 1 health worker (on duty) for every 60 residents | ||
| Care Worker and Ancillary Worker | |||
| 2. | 11 hours within the specified period | 1 care worker (on duty) or ancillary worker (on duty) for every 30 residents | |
| Any Staff Member | |||
| 3. | From 6 p.m. on a day to 7 a.m. on the next day | Both of the following staff members (who may be persons engaged for complying with a requirement specified in any other item of this Table)— | |
| (a) | 1 staff member (on duty); | ||
| (b) | 1 staff member on-site (whether or not on duty) | ||
| 4. | Any time when a resident is in the medium care level home | 1 staff member (on-site and on duty) (who may be a person engaged for complying with a requirement specified in any other item of this Table) | |
5. Low care level home
For a low care level home, during or at the time specified in column 2 of Table 3 on every day, there must be at least the number of staff members that is specified in column 3 of Table 3 opposite the time.
| Column 1 | Column 2 | Column 3 | |
| Item | Time | Minimum staffing requirement | |
| Care Worker and Ancillary Worker | |||
| 1. | 11 hours within the specified period | 1 care worker (on duty) or ancillary worker (on duty) for every 60 residents | |
| Any Staff Member | |||
| 2. | Any time between 7 a.m. and 6 p.m. when a resident is in the low care level home | 1 staff member (on-site and on duty) (who may be a person engaged for complying with the requirement specified in item 1) | |
| 3. | From 6 p.m. on a day to 7 a.m. on the next day | Both of the following staff members (who may be persons engaged for complying with the requirement specified in item 1)— | |
| (a) | 1 staff member on-site (whether or not on duty); | ||
| (b) | 1 staff member on call (whether or not on-site) | ||
6. Certain staffing requirements must be complied with during specific hours approved by Director
If, in relation to a residential care home for PWDs, this Schedule requires at least a certain number of staff members during a certain number of hours within the specified period on every day (requirement), the requirement must be complied with during a specific period of, or specific periods totalling, that number of hours (specific hours) on every day as approved by the Director under this section in relation to the residential care home.
For the requirement, the operator of the residential care home—
must apply to the Director for approval of the specific hours proposed by the operator; and
may propose in the application different specific hours for different days.
The application must—
be made in the form and manner specified by the Director; and
contain the information specified by the Director.
The Director may approve the specific hours proposed by the operator if satisfied that the proposal is appropriate having regard to all relevant circumstances, including—
the schedule of activities of the residents of the residential care home; and
the rest hours of the residents of the residential care home.
(Schedule replaced 12 of 2023 s. 105)
Schedule 2 — Fees
[ss. 2 & 37]
| Column 1 | Column 2 | Column 3 |
| Item | Matter | Fee |
| 1. | Registration as a registered home manager under section 3A | $345 |
| 2. | Renewal of a registration as a registered home manager under section 3E | $235 |
| 3. | Registration as a registered home manager (provisional) under section 3M | $345 |
| 4. | Registration as a registered health worker under section 6 | $245 |
| 5. | Renewal of a registration as a registered health worker under section 7A | $190 |
(Schedule 2 added 12 of 2023 s. 107)