Residential Care Homes (Persons with Disabilities) Ordinance
E.R. 1 of 2012
Renewal of licence
(1) A person holding a licence in respect of a residential care home for PWDs may, before the licence expires, apply for the licence to be renewed for a period of not more than 36 months.
(2) An application for the renewal of a licence must be made to the Director¡X
(a) not more than 4 months and not less than 2 months before the licence expires or within any other period before its expiry as permitted by the Director in writing; and
(b) in the form and manner determined by the Director.
(3) The Director may, on receipt of an application under subsection (1)¡X
(a) renew the licence and impose any conditions in relation to the operation, keeping, management or other control of the residential care home in respect of the renewed licence, in addition to or instead of any conditions previously imposed under section 7(2)(a); or
(b) refuse to renew the licence.
(4) Without limiting subsection (3)(b), the Director may refuse to renew the licence in respect of a residential care home for PWDs¡X
(a) on any ground specified in section 7(3)(a), (b) or (c) that would have entitled the Director to refuse an application for the licensing of the residential care home;
(b) on the ground that¡X
(i) the person holding the licence has been convicted of an offence against this Ordinance or an indictable offence; or
(ii) any other person has been convicted of an offence against this Ordinance or an indictable offence in respect of the residential care home;
(c) on the ground that, in respect of the residential care home or its residents¡X
(i) this Ordinance has been or is being contravened; or
(ii) any requirement, order or direction made or given under this Ordinance has not been complied with by the person;
(d) on the ground that any condition of the licence has not been or is not being complied with by the person; or
(e) if it appears to the Director that¡X
(i) the residential care home has ceased to be operated or to exist;
(ii) the person has ceased to operate, keep, manage or otherwise have control of the residential care home; or
(iii) the residential care home has, on any occasion since the date on which the licence is issued in respect of it, been operated in a manner contrary to the public interest.
(5) A renewal of a licence under this section before the expiry of the licence takes effect on the day following the day of its expiry.
(6) Subject to subsection (7), any licence in respect of which an application for renewal is made under this section and which, but for this subsection, would expire before the determination of the application remains in force until the determination by the Director of the application.
(7) Subsection (6) does not apply if¡X
(a) the application is withdrawn; or
(b) the licence is cancelled or suspended under section 9.
(8) A renewal of a licence under this section takes effect on the day following the day on which the licence would have expired but for subsection (6), for the period (not being more than 36 months) indicated by the Director at the time of renewal.
(9) If a decision to refuse to renew a licence under subsection (3)(b) is appealed against under section 14(d) and the licence would, but for this subsection, expire before the determination of the appeal, the licence remains in force until the appeal is disposed of, withdrawn or abandoned unless¡X
(a) it would, in the opinion of the Director, be contrary to the public interest for the licence to remain in force; and
(b) the order on the decision contains a statement to that effect.