- Licensing Scheme for Drug Dependent Persons Treatment and Rehabilitation Centres

The Drug Dependent Persons Treatment and Rehabilitation Centres (Licensing) Ordinance(Chapter 566, Laws of Hong Kong) (the Ordinance) commenced operation on 1 April 2002. The Ordinance provides for the control of drug dependent persons treatment and rehabilitation centres (DTRCs) through a licensing system administered by the Director of Social Welfare, to ensure that drug dependent persons can receive services in a properly managed and physically secure environment, thereby protecting their well-being.

Any person who operates or exercises control over the management of a DTRC without a valid licence/certificate of exemption commits an offence. The maximum penalty on the first conviction is a fine at level 6 ($100,000 at present) and imprisonment for 6 months, and in the case of a continuing offence, a further fine of $5,000 for each day can be imposed. On subsequent conviction, the maximum penalty is a fine at level 6 and imprisonment for one year, and in the case of a continuing offence, a further fine of $10,000 for each day can be imposed.

According to the Ordinance, all DTRCs which come into existence and which want to commence operation on or after 1 April 2002 should be subject to regulation by the issue of licences. For DTRCs that have existed before the commencement of the Ordinance, applications for certificates of exemption or licences must be made between 1 April 2002 and 30 June 2002 inclusive to the Licensing Office of Drug Dependents Treatment Centres (LODTC) which is responsible for enforcing the Ordinance. The Ordinance is applicable to subvented, self-financing, non-profit-making and private DTRCs.

The Code of Practice for Drug Dependent Persons Treatment and Rehabilitation Centres, which sets out principles, procedures or guidelines for the operation, management or other control of DTRCs, was issued by the Social Welfare Department in December 2001.