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Chapter: | 459
 | Title: | Residential Care Homes (Elderly Persons) Ordinance | Gazette Number: | E.R. 1 of 2012 |
| Section: | 6 | Heading: | Restriction on operating residential care homes unless exempted or licensed | Version Date: | 09/02/2012 |
(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.
(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)
(Enacted 1994)