Residential Care Homes (Elderly Persons) Ordinance
E.R. 1 of 2012
Restriction on operating residential care homes unless exempted or licensed
(1) Any person who on any occasion operates, keeps, manages or otherwise has control of a residential care home in respect of which neither of the conditions indicated in subsection (2) has been satisfied commits an offence and is liable to a fine at level 6 and imprisonment for 2 years and to a fine of $10000 for each day during which the offence continues.
(2) The conditions referred to in subsection (1) are-
(a) that a certificate of exemption has been issued under section 7(2) or renewed under section 7(5) in respect of the residential care home and is for the time being in force; or
(b) that a licence has been issued under section 8(2)(a) or renewed under section 9 in respect of the residential care home and is for the time being in force.
(3) It shall not be a defence that a person charged with an offence under subsection (1) did not know that neither of the conditions specified in subsection (2) had been satisfied.
(4) It is not a defence for a person charged with an offence under subsection (1) to show that, if the residential care home is also a residential care home for PWDs as defined by section 2 of the Residential Care Homes (Persons with Disabilities) Ordinance (Cap 613), the person did not know that a licence or a certificate of exemption issued under that Ordinance was not at the relevant time in force in respect of the residential care home. (Added 12 of 2011 s. 36)