Ordinance, Regulation, Code of Practice and Relevant References

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

Residential Care Homes (Persons with Disabilities) Regulation (Cap. 613A) is commenced in accordance with the Residential Care Homes (Persons with Disabilities) Ordinance (the Ordinance) (Section 24), it mentions about the regulation of operating, keeping and managing or in any other ways controlling of a residential care home for persons with disabilities.

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.

The Residential Care Homes Legislation (Miscellaneous Amendments) Ordinance 2023 (Ord. No. 12 of 2023) (the Amendment Ordinance) was gazetted on 16 June 2023 to enhance the monitoring and quality of residential care homes.  The majority of the Amendment Ordinance will come into effect from 16 June 2024 whereas the requirements in relation to staffing and area of floor space per resident will be implemented in phases.

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 commits an offence. The maximum penalty on conviction is a fine of $1,000,000 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.