Related Ordinance, Regulation, Code of Practice and Reference Materials

The Residential Care Homes (Elderly Persons) Ordinance (Chapter 459, Laws of Hong Kong) (the Ordinance) and the Residential Care Homes (Elderly Persons) Regulation (Chapter 459 Subsidiary Legislation) provides for the control of residential care homes for the elderly (RCHEs) through a licensing system administered by the Director of Social Welfare, to ensure that the residents of RCHEs receive services of acceptable standards physically, emotionally and socially.

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 the elderly 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.