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- Licensing Scheme for Residential Care Homes for Persons with Disabilities

Licensing Scheme for Residential Care Homes for Persons with Disabilities

  

Residential Care Homes (Persons with Disabilities) Ordinance (Chapter 613, Laws of Hong Kong)
 
 

The Residential Care Homes (Persons with Disabilities) Ordinance (the Ordinance) commenced operation on 18 November 2011 (except Part 2 on sanctions for operating a residential care home without a licence or certificate of exemption) and was fully implemented on 10 June 2013. The Ordinance provides for the control of residential care homes for persons with disabilities (RCHDs) through a licensing system administered by the Director of Social Welfare, to ensure that residents of RCHDs receive services of acceptable standards physically, emotionally and socially.

Any person who operates, keeps, manages or in any other way has control of a residential care home for persons with disabilities without a valid licence or certificate of exemption commits an offence. The maximum penalty on conviction is a fine at level 6 ($100,000 at present) and imprisonment for two years, and in the case of a continuing offence, a further fine of $10,000 for each day can be imposed.

 
 
Licence/Certificate of Exemption (CoE)
 
 

For RCHDs that exist immediately before commencement of the Ordinance (i.e. 18 of November 2011) yet are unable to comply fully with the legislative requirements, the operators may apply for a Certificate of Exemption (CoE) in order to allow time for existing RCHDs to make improvements for meeting the licensing requirements and standards. All RCHDs that are established and operated on or after that date should be subject to regulatory control by way of the issue of a licence rather than CoE, so as to ensure the services of RCHDs meet the statutory standards and to protect the interests of persons with disabilities more effectively. 

The Residential Care Homes (Persons with Disabilities) Ordinance and the Residential Care Homes (Elderly Persons) Ordinance (Cap. 459) are mutually exclusive. Under the principle of mutual exclusion, any home which fits into the definitions of a residential care home under the above Ordinances is only required to hold one valid licence under either of the Ordinances, and should not apply for licence under both Ordinances simultaneously.

 
 
Licensing-related Information of RCHDs
 
  Licences/Certificates of Exemption
 
 
    Subvented RCHDs
    Self-financing RCHDs
    Private RCHDs
 
  Application for Licence for Residential Care Home for Persons with Disabilities
 
 
$d     Application Procedures
$d     Tips for Application for Licence (Chinese Version Only)
$d     Frequently Asked Questions (Chinese Version Only)
 
  Records of Conviction, Warning and Cancellation / Revocation or Refusal to Renew Licence / Certificate of Exemption
 
 
    Conviction Records of RCHDs
    Warning Records of RCHDs
    Records of Cancellation / Revocation or Refusal to Renew Licence / Certificate of Exemption of RCHDs
 
List of RCHDs issued with Licence/CoE
 
 
    Subvented RCHDs and Private RCHDs under the Bought Place Scheme*
    Self-financing RCHDs
    Private RCHDs
 
 

*(Residential Special Child Care Centre (RSCCC) is subject to the registration and control provided under the Child Care Services Ordinance (Cap 243) and Regulations (Cap 243A), which is enforced by the Child Care Centres Advisory Inspectorate of the Department.)

 
 
Circular Letters and/or Guidelines issued by the Licensing Office of Residential Care Homes for Persons with Disabilities
 
 
    Management Letter
 
 
Ordinance, Regulation and Code of Practice
 
 
  The Residential Care Homes (Persons with Disabilities) Ordinance, Cap. 613
  The Residential Care Homes (Persons with Disabilities) Regulation, Cap. 613A
  Code of Practice for Residential Care Homes (Person with Disabilities) January 2020 (Revised Edition)
$d   Code of Practice for Residential Care Homes (Person with Disabilities) - Annexes January 2020 (Revised Edition)
 
Relevant References/Resources of Code of Practice for Residential Care Homes (Persons with Disabilities) January 2020 (Revised Edition)
 
 
$d   Form Templates
 
 
'Tips for Selecting a Suitable Residential Care Home for Persons with Disabilities'
 
  The 'Tips for Selecting a Suitable Residential Care Home for Persons with Disabilities' provides basic reference information and guidelines for persons with disabilities who require residential care service and their family members to select a suitable RCHD by viewing the service provided by RCHDs from different perspectives in order to meet their needs.

The booklet can be browsed here (Chinese version only).
          PDF Document PDF Document                       PDF Document PDF(text-based)
 
 
Guide on Drug Management in Residential Care Homes
 
 
$d   Guide on Drug Management in Residential Care Homes, Chapter 1 - 3 (Chinese Version Only)
          PDF Document  PDF Document
 
$d   Guide on Drug Management in Residential Care Homes, Chapter 4 - 6 (Chinese Version Only)
          PDF Document  PDF Document
 
 
Health Worker Training Courses and Registration as a Health Worker
 
 
For matters relating to Health Worker Training Course and Health Worker Registration, please click here.
 
 
Electronic Submission of a new licence application for Residential Care Homes for Persons with Disabilities
 
  To facilitate electronic submission for a new licence application for residential care homes for persons with disabilities, the public can, on top of the existing arrangement, fill in the electronic application form and upload relevant supporting document(s) for online submission to the Licensing Office of Residential Care Homes for Persons with Disabilities with effect from 27 October 2021.
   
 
$d
Form Title Form
Residential Care Homes (Persons with Disabilities) – Application for a Licence Online formOnline form
PDF DocumentPDF Document
Reference Materials
 
 
$d Reference Materials of “Sharing Sessions for Newly Appointed Staff of RCHEs and RCHDs” (Chinese Version Only)
      PDF Document  (PDF Document)
 
Licensing Office of Residential Care Homes for Persons with Disabilities (LORCHD)
 
  For any enquiry, suggestion or complaint about the service of RCHDs, please contact LORCHD at the following office hours:
 
  Office Hours
  Monday to Friday :
      8:45 a.m. - 1:00 p.m.
      2:00 p.m. - 6:00 p.m.
  Closed on Saturday, Sunday and Public Holiday
 
  Means of Contact
 
Address 5/F, THE HUB, 23 Yip Kan Street, Wong Chuk Hang, Hong Kong
Tel. No. 2891 6379
Fax. No. 2153 0071
Email lorchdenq@swd.gov.hk