Cap. 459 sub. leg. A

Residential Care Homes (Elderly Persons) Regulation(Cap. 459, section 23)(Enacting provision omitted—E.R. 4 of 2020) [1 April 1995](Format changes—E.R. 4 of 2020) Part I Preliminary 1. (Omitted as spent—E.R. 4 of 2020) 2. Interpretation In this Regulation—aged home (中度照顧安老院) means a residential care home within the meaning of section 3(b); (12 of 2023 s. 24)ancillary worker (助理員) means any person, other than a care worker, health worker or nurse, employed by an operator whose duties include those of a cook, domestic servant, driver, gardener, watchman, welfare worker or clerk;applicable fee (適用費用), in relation to a matter, means the fee specified in Schedule 3 payable for that matter; (12 of 2023 s. 24)care and attention home (高度照顧安老院) means a residential care home within the meaning of section 3(a); (12 of 2023 s. 24)care staff (護理人員) includes a care worker, health worker and nurse but does not include a home manager or nurse-in-charge; (34 of 2018 s. 145)care worker (護理員) means any person, other than an ancillary worker, health worker or nurse, employed by an operator to render personal care to residents;enrolled nurse (登記護士) means a person with full enrolment or limited enrolment within the meaning of the Nurses Registration Ordinance (Cap. 164); (34 of 2018 s. 145; 24 of 2024 s. 93)health worker (保健員) means a person who is responsible for providing health and care services to residents of a residential care home; (12 of 2023 s. 24)home manager (主管) means any person responsible for the management of a residential care home;nurse-in-charge (主管護士), in relation to a nursing home, means any person who is a registered nurse and who is responsible for supervising the nursing care of the residents in the nursing home; (34 of 2018 s. 145)nursing home (護養院) means a residential care home within the meaning of section 3(aa); (12 of 2023 s. 24)particulars of identity (身分詳情) means the particulars set out on an identity card issued under the Registration of Persons Ordinance (Cap. 177); (14 of 2008 s. 18)pre-material-date home manager (關鍵日期前的主管) means a person who was employed as a home manager in a residential care home or a residential care home for PWDs immediately before the material date; (12 of 2023 s. 24)register of health workers (保健員註冊紀錄冊) means the register kept under section 5(1); (12 of 2023 s. 24)register of home managers (主管註冊紀錄冊) means the register kept under section 3X(1); (12 of 2023 s. 24)registered health worker (註冊保健員) means a person whose name appears on the register of health workers; (12 of 2023 s. 24)registered home manager (註冊主管) means a person whose name appears on the list of persons registered as registered home managers in the register of home managers; (12 of 2023 s. 24)registered home manager (provisional) (註冊主管(臨時)) means a person whose name appears on the list of persons registered as registered home managers (provisional) in the register of home managers; (12 of 2023 s. 24)registered nurse (註冊護士) means a person with full registration or limited registration within the meaning of the Nurses Registration Ordinance (Cap. 164); (34 of 2018 s. 145; 24 of 2024 s. 93)scheduled infectious disease (表列傳染病) has the same meaning as in the Prevention and Control of Disease Ordinance (Cap. 599); (14 of 2008 s. 18; 12 of 2023 s. 24)Secretary (局長) means the Secretary for Labour and Welfare; (12 of 2023 s. 24)self-care hostel (低度照顧安老院) means a residential care home within the meaning of section 3(c). (12 of 2023 s. 24)(14 of 2008 s. 18; 12 of 2023 s. 24) Part II Types of Residential Care Homes 3. Types of residential care homes For the purposes of section 8(4)(c) of the Ordinance and this Regulation, a residential care home may be classified as— (12 of 2023 s. 25)(aa) a nursing home (護養院) namely, an establishment providing residential care, supervision and guidance for persons who have attained the age of 60 years, and who are suffering from a functional disability to the extent that they require personal care and attention in the course of daily living activities, and a high degree of professional nursing care, but do not require continuous medical supervision; or (34 of 2018 s. 146)(a) a care and attention home (高度照顧安老院) namely, an establishment providing residential care, supervision and guidance for persons who have attained the age of 60 years and who are generally weak in health and are suffering from a functional disability to the extent that they require personal care and attention in the course of daily living activities but do not require a high degree of professional medical or nursing care; or(b) an aged home (中度照顧安老院) namely, an establishment providing residential care, supervision and guidance for persons who have attained the age of 60 years and who are capable of observing personal hygiene but have a degree of difficulty in performing household duties related to cleaning, cooking, laundering, shopping and other domestic tasks; or(c) a self-care hostel (低度照顧安老院) namely, an establishment providing residential care, supervision and guidance for persons who have attained the age of 60 years and who are capable of observing personal hygiene and performing household duties related to cleaning, cooking, laundering, shopping and other domestic tasks. Part IIA Registration of Home Managers (Part IIA added 12 of 2023 s. 26) Division 1 Registered Home Managers 3A. Application for registration as registered home manager (1) An application for registration as a registered home manager must—(a) be made to the Director in the form and manner specified by the Director; and(b) contain the information specified by the Director.(2) On the application, the Director may register the applicant as a registered home manager if—(a) the Director is satisfied that the applicant—(i) meets the qualification requirement specified in section 3B;(ii) is competent to perform the duties of a home manager; and(iii) is fit and proper to be so registered; and(b) the applicant has paid the applicable fee for the registration.(3) The Director may impose on the registration any condition that the Director considers appropriate, including any condition relating to continuous learning. 3B. Qualification requirement for registration as registered home manager (1) For section 3A(2)(a)(i), the qualification requirement is that—(a) the person—(i) is one specified in subsection (2)(a), (b), (c) or (d); and(ii) has completed a training course specified by the Director; or(b) the person is a registered home manager as defined by section 2 of Cap. 613A.(2) The following persons are specified for subsection (1)(a)(i)—(a) a person who—(i) holds—(A) a professional qualification relating to healthcare or social work specified by the Director; or(B) a bachelor or higher degree, or an academic qualification regarded by the Director as equivalent; and(ii) has, within 3 years before making the application, worked in one or more residential care homes or residential care homes for PWDs for a total of at least 1 year in a position involving or assisting in the management of the residential care homes or residential care homes for PWDs;(b) a person who—(i) is a registered health worker within the meaning of this Regulation, or a registered health worker as defined by section 2 of Cap. 613A; and(ii) has worked in one or more residential care homes or residential care homes for PWDs as a health worker for a total of at least 5 years;(c) a pre-material-date home manager who applies for registration as a registered home manager under section 3A during the 6-month period beginning on the material date;(d) a pre-material-date home manager who is—(i) a registered home manager (provisional) within the meaning of this Regulation; or(ii) a registered home manager (provisional) as defined by section 2 of Cap. 613A. 3C. Fit and proper requirement for registration as registered home manager For section 3A(2)(a)(iii), in considering whether a person is fit and proper to be registered as a registered home manager, the Director must have regard to all relevant matters, including—(a) whether the person has been—(i) convicted of an offence involving fraud or dishonesty, or of a sexual nature, in any place;(ii) convicted of an indictable offence in Hong Kong;(iii) sentenced to imprisonment (however described) in a place outside Hong Kong, whether or not the sentence is suspended; or(iv) convicted of an offence under the Ordinance, this Regulation, Cap. 613 or Cap. 613A; and(b) if any professional or academic qualification of the person (whether or not relating to healthcare or social work) has been revoked—the reason for the revocation. 3D. Notice of decision on application for registration (1) On determining an application under section 3A, the Director must give a written notice of the decision to the applicant.(2) If the application is approved, the notice must state the validity period of the registration.(3) If the application is refused, the notice must state—(a) the reason for the refusal; and(b) that the applicant may appeal under section 3K. 3E. Renewal of registration as registered home manager (1) A registered home manager may apply for the renewal of the registration.(2) The application must—(a) be made to the Director at least 3 months before, but not earlier than 6 months before, the expiry of the registration;(b) be made in the form and manner specified by the Director; and(c) contain the information specified by the Director.(3) On the application, the Director may renew the registration if—(a) the Director is satisfied that the registered home manager—(i) still meets the requirements for registration under section 3A(2)(a)(ii) and (iii); and(ii) complies with all conditions imposed on the registration; and(b) the manager has paid the applicable fee for the renewal.(4) The Director may impose on the renewed registration any condition that the Director considers appropriate, including any condition relating to continuous learning. 3F. Notice of decision on application for renewal of registration (1) On determining an application under section 3E, the Director must give a written notice of the decision to the applicant.(2) If the application is approved, the notice must state the validity period of the renewed registration.(3) If the application is refused, the notice must state—(a) the reason for the refusal; and(b) that the applicant may appeal under section 3K. 3G. Registration remains in effect pending determination of renewal application (1) This section applies if—(a) a registered home manager applies for the renewal of the registration under section 3E; and(b) the registration would, but for this section, have expired before the application is determined.(2) The registration remains in effect until—(a) the Director determines the application; or(b) the registered home manager withdraws the application. 3H. Validity period of registration as registered home manager The validity period of a registration or renewed registration as a registered home manager is to be decided by the Director and must not exceed 5 years. 3I. Cancellation of registration as registered home manager (1) The Director may cancel a person’s registration as a registered home manager if satisfied that—(a) the registration was obtained by fraudulent means;(b) the person no longer meets the requirement for registration under section 3A(2)(a)(ii) or (iii); or(c) the person contravenes—(i) a condition imposed on the registration under section 3A(3) or 3E(4); or(ii) section 3W.(2) The Director must cancel a person’s registration as a registered home manager—(a) if the person makes a written request to the Director for cancelling the registration; or(b) if—(i) the person was also registered as a registered home manager or registered home manager (provisional) under Cap. 613A; and(ii) that registration under Cap. 613A is cancelled under section 3I(1)(a) or (b) or 3T(1)(a) or (b) of Cap. 613A.(3) The cancellation takes effect—(a) for a cancellation under subsection (1)—subject to section 3K(3), on the expiry of 21 days after the day on which the Director gives the notice under section 3J; or(b) for a cancellation under subsection (2)—on the expiry of 21 days after the day on which the Director gives the notice under section 3J. 3J. Notice of cancellation of registration (1) If the Director decides to cancel a person’s registration under section 3I, the Director must give a written notice of the decision to—(a) the person; and(b) if the person is employed in a residential care home when the decision is made—the operator and the responsible person of the residential care home.(2) The notice must state—(a) the date on which the cancellation takes effect under section 3I(3);(b) the reason for cancelling the registration; and(c) if the registration is cancelled under section 3I(1)—that the person may appeal under section 3K. 3K. Appeals to Secretary (1) If the Director—(a) decides to refuse to register a person under section 3A;(b) decides to refuse to renew a person’s registration under section 3E; or(c) decides to cancel a person’s registration under section 3I(1),the person may, by written notice, appeal to the Secretary against the decision.(2) The notice must—(a) state the grounds of appeal; and(b) be delivered to the Director within 21 days after the day on which the Director gives the notice of the decision.(3) If an appeal is made against a decision described in subsection (1)(c), the decision does not have effect pending the determination of the appeal by the Secretary.(4) When considering an appeal against a decision of the Director, the Secretary—(a) must give the appellant and the Director an opportunity of being heard; and(b) may confirm, vary or reverse the decision and, if the decision is reversed, substitute for the decision a decision that the Secretary considers appropriate.(5) If the Secretary varies, or substitutes another decision for, the Director’s decision, the decision as varied or the substituted decision must be one that the Director had power to make.(6) On the determination of the appeal by the Secretary, the Director must give a written notice of the determination to—(a) the appellant; and(b) if the appellant is employed in a residential care home when the appeal is determined—the operator and the responsible person of the residential care home.(7) The notice referred to in subsection (6) must state the reason for the determination. 3L. Registration remains in effect pending determination of appeal (1) This section applies if—(a) a person appeals against a decision described in section 3K(1)(b) or (c); and(b) the person’s registration as a registered home manager would, but for this section, have expired before the appeal is determined.(2) The registration remains in effect until—(a) the Secretary determines the appeal; or(b) the person withdraws the appeal. Division 2 Registered Home Managers (Provisional) 3M. Application for registration as registered home manager (provisional) (1) An application for registration as a registered home manager (provisional) must—(a) be made to the Director in the form and manner specified by the Director; and(b) contain the information specified by the Director.(2) On the application, the Director may register the applicant as a registered home manager (provisional) if—(a) the Director is satisfied that the applicant—(i) meets the qualification requirement specified in section 3N;(ii) is competent to perform the duties of a home manager;(iii) is fit and proper to be so registered; and(iv) if the applicant is not a pre-material-date home manager—on being so registered, will be employed as a home manager in a residential care home under section 11(1)(a) or (1A)(a); and(b) the applicant has paid the applicable fee for the registration.(3) The Director may impose on the registration any condition that the Director considers appropriate, including any condition relating to continuous learning. 3N. Qualification requirement for registration as registered home manager (provisional) For section 3M(2)(a)(i), the qualification requirement is that the person—(a) holds a professional qualification relating to healthcare or social work specified by the Director;(b) holds a bachelor or higher degree, or an academic qualification regarded by the Director as equivalent; or(c) is a pre-material-date home manager who applies for registration as a registered home manager (provisional) under section 3M during the 6-month period beginning on the material date. 3O. Fit and proper requirement for registration as registered home manager (provisional) For section 3M(2)(a)(iii), in considering whether a person is fit and proper to be registered as a registered home manager (provisional), the Director must have regard to all relevant matters, including the matters mentioned in section 3C(a) and (b). 3P. Notice of decision on application for registration (1) On determining an application under section 3M, the Director must give a written notice of the decision to the applicant.(2) If the application is approved, the notice must state the validity period of the registration.(3) If the application is refused, the notice must state—(a) the reason for the refusal; and(b) that the applicant may appeal under section 3V. 3Q. Validity period of registration as registered home manager (provisional) The validity period of a registration as a registered home manager (provisional) is to be decided by the Director and must not exceed 2 years. 3R. Extension of validity period (1) A person who is registered as a registered home manager (provisional) because of meeting the qualification requirement specified in section 3N(c) may apply for the extension of the validity period of the registration once.(2) The application must—(a) be made to the Director before the expiry of the registration;(b) be made in the form and manner specified by the Director; and(c) contain the information specified by the Director.(3) The Director may extend the validity period of the registration for a period of not more than 2 years only if satisfied that there are exceptional circumstances that justify the extension. 3S. Registration remains in effect pending determination of certain application (1) This section applies if—(a) a registered home manager (provisional) applies—(i) for registration under section 3A; or(ii) for the extension of the validity period of the registration under section 3R; and(b) the registration would, but for this section, have expired before the application is determined.(2) The registration remains in effect until—(a) the Director determines the application; or(b) the registered home manager (provisional) withdraws the application. 3T. Cancellation of registration as registered home manager (provisional) (1) The Director may cancel a person’s registration as a registered home manager (provisional) if satisfied that—(a) the registration was obtained by fraudulent means;(b) the person no longer meets the requirement for registration under section 3M(2)(a)(ii) or (iii); or(c) the person contravenes—(i) a condition imposed on the registration under section 3M(3); or(ii) section 3W.(2) The Director must cancel a person’s registration as a registered home manager (provisional)—(a) if the person is registered as a registered home manager under section 3A;(b) if the person makes a written request to the Director for cancelling the registration; or(c) if—(i) the person was also registered as a registered home manager or registered home manager (provisional) under Cap. 613A; and(ii) that registration under Cap. 613A is cancelled under section 3I(1)(a) or (b) or 3T(1)(a) or (b) of Cap. 613A.(3) The cancellation takes effect—(a) for a cancellation under subsection (1)—subject to section 3V(3), on the expiry of 21 days after the day on which the Director gives the notice under section 3U;(b) for a cancellation under subsection (2)(a)—on the day on which the registration under section 3A takes effect; or(c) for a cancellation under subsection (2)(b) or (c)—on the expiry of 21 days after the day on which the Director gives the notice under section 3U. 3U. Notice of cancellation of registration (1) If the Director decides to cancel a person’s registration under section 3T, the Director must give a written notice of the decision to—(a) the person; and(b) if the person is employed in a residential care home when the decision is made—the operator and the responsible person of the residential care home.(2) The notice must state—(a) the date on which the cancellation takes effect under section 3T(3);(b) the reason for cancelling the registration; and(c) if the registration is cancelled under section 3T(1)—that the person may appeal under section 3V. 3V. Appeals to Secretary (1) If the Director—(a) decides to refuse to register a person under section 3M; or(b) decides to cancel a person’s registration under section 3T(1),the person may, by written notice, appeal to the Secretary against the decision.(2) The notice must—(a) state the grounds of appeal; and(b) be delivered to the Director within 21 days after the day on which the Director gives the notice of the decision.(3) If an appeal is made against a decision described in subsection (1)(b), the decision does not have effect pending the determination of the appeal by the Secretary.(4) When considering an appeal against a decision of the Director, the Secretary—(a) must give the appellant and the Director an opportunity of being heard; and(b) may confirm, vary or reverse the decision and, if the decision is reversed, substitute for the decision a decision that the Secretary considers appropriate.(5) If the Secretary varies, or substitutes another decision for, the Director’s decision, the decision as varied or the substituted decision must be one that the Director had power to make.(6) On the determination of the appeal by the Secretary, the Director must give a written notice of the determination to—(a) the appellant; and(b) if the appellant is employed in a residential care home when the appeal is determined—the operator and the responsible person of the residential care home.(7) The notice referred to in subsection (6) must state the reason for the determination. Division 3 Reporting Requirements 3W. Registered home manager or registered home manager (provisional) to report certain events (1) A registered home manager or a registered home manager (provisional) must report to the Director if—(a) a prosecution is started against the manager for an indictable offence in Hong Kong;(b) a prosecution is started against the manager for an offence punishable with imprisonment (however described) in a place outside Hong Kong;(c) the manager is convicted of an indictable offence in Hong Kong;(d) the manager is sentenced to imprisonment (however described) in a place outside Hong Kong, whether or not the sentence is suspended;(e) any professional or academic qualification of the manager (whether or not relating to healthcare or social work) is revoked; or(f) there is a change in the name or correspondence address of the manager.(2) The report must—(a) be given in writing—(i) for an event described in subsection (1)(a), (b), (c), (d) or (e)—as soon as reasonably practicable after the event occurs; or(ii) for a change described in subsection (1)(f)—within 3 months after the change occurs; and(b) contain the information specified by the Director. Division 4 Register of Home Managers 3X. Register of home managers (1) The Director must keep a register containing—(a) a list of persons registered as registered home managers under Division 1; and(b) a list of persons registered as registered home managers (provisional) under Division 2.(2) The purpose of the register is to enable the public to ascertain—(a) whether a person is a registered home manager or registered home manager (provisional); and(b) the particulars of the registration.(3) Each list in the register—(a) must contain the name and correspondence address of each person on the list; and(b) may contain other particulars that the Director considers appropriate.(4) The Director may make any amendment to the register that the Director considers necessary for securing its accuracy or keeping it up-to-date.(5) The Director must remove from the register the name of a person if—(a) it has come to the notice of the Director that the person has died; or(b) the person’s registration ceases to have effect on expiry or cancellation. 3Y. Inspection of register of home managers The Director must make the register of home managers available for public inspection—(a) free of charge;(b) at offices of the Government that the Director directs; and(c) during the hours when those offices are open to the public. Part III Registration of Health Workers 4. Qualifications for registration as registered health worker (12 of 2023 s. 27)A person who—(a) has completed a course of training approved by the Director in writing either generally or in any particular case; or(b) by reason of the person’s education, training, professional experience and skill in health work, satisfies the Director that the person is a suitable person to be registered as a registered health worker,is qualified to be registered as a registered health worker for the purposes of employment at a residential care home.(12 of 2023 s. 27) 5. Register of health workers (1) The Director must keep a register containing a list of persons registered as registered health workers under this Part. (12 of 2023 s. 28)(1A) The purpose of the register is to enable the public to ascertain—(a) whether a person is a registered health worker; and(b) the particulars of the registration. (12 of 2023 s. 28)(1B) The register—(a) must contain the name and correspondence address of each person in the register; and(b) may contain other particulars that the Director considers appropriate. (12 of 2023 s. 28)(2) The register must be available for inspection by the public free of charge at such offices of the Government as the Director may direct, during the hours when those offices are open to the public. (12 of 2023 s. 28)(3) The Director may make any amendment to the register that the Director considers necessary for securing its accuracy or keeping it up-to-date. (12 of 2023 s. 28)(4) The Director must remove from the register the name of a person if—(a) it has come to the notice of the Director that the person has died; or(b) the person’s registration ceases to have effect on expiry or cancellation. (12 of 2023 s. 28) 6. Application for registration as registered health worker (1) An application for registration as a registered health worker must—(a) be made to the Director in the form and manner specified by the Director; and(b) contain the information specified by the Director.(2) On the application, the Director may register the applicant as a registered health worker if—(a) the Director is satisfied that the applicant—(i) is qualified under section 4 to be so registered;(ii) is competent to perform the duties of a health worker; and(iii) is fit and proper to be so registered; and(b) the applicant has paid the applicable fee for the registration.(3) The Director may impose on the registration any condition that the Director considers appropriate, including any condition relating to continuous learning.(12 of 2023 s. 29) 7. Notice of decision on application for registration (1) On determining an application under section 6, the Director must give a written notice of the decision to the applicant.(2) If the application is approved, the notice must state the validity period of the registration.(3) If the application is refused, the notice must state—(a) the reason for the refusal; and(b) that the applicant may appeal under section 10.(12 of 2023 s. 30) 7A. Renewal of registration as registered health worker (1) A registered health worker may apply for the renewal of the registration.(2) The application must—(a) be made to the Director at least 3 months before, but not earlier than 6 months before, the expiry of the registration;(b) be made in the form and manner specified by the Director; and(c) contain the information specified by the Director.(3) On the application, the Director may renew the registration if—(a) the Director is satisfied that the registered health worker—(i) still meets the requirements for registration under section 6(2)(a); and(ii) complies with all conditions imposed on the registration; and(b) the health worker has paid the applicable fee for the renewal.(4) The Director may impose on the renewed registration any condition that the Director considers appropriate, including any condition relating to continuous learning.(12 of 2023 s. 31) 7B. Notice of decision on application for renewal of registration (1) On determining an application under section 7A, the Director must give a written notice of the decision to the applicant.(2) If the application is approved, the notice must state the validity period of the renewed registration.(3) If the application is refused, the notice must state—(a) the reason for the refusal; and(b) that the applicant may appeal under section 10.(12 of 2023 s. 31) 7C. Registration remains in effect pending determination of renewal application (1) This section applies if—(a) a registered health worker applies for the renewal of the registration under section 7A; and(b) the registration would, but for this section, have expired before the application is determined.(2) The registration remains in effect until—(a) the Director determines the application; or(b) the registered health worker withdraws the application.(12 of 2023 s. 31) 7D. Validity period of registration as registered health worker The validity period of a registration or renewed registration as a registered health worker is to be decided by the Director and must not exceed 5 years.(12 of 2023 s. 31) 8. Cancellation of registration as registered health worker (1) The Director may cancel a person’s registration as a registered health worker if satisfied that—(a) the registration was obtained by fraudulent means;(b) the person no longer meets the requirement for registration under section 6(2)(a)(i), (ii) or (iii); or(c) the person contravenes—(i) a condition imposed on the registration under section 6(3) or 7A(4); or(ii) section 10B.(2) The Director must cancel a person’s registration as a registered health worker—(a) if the person makes a written request to the Director for cancelling the registration; or(b) if—(i) the person was also registered as a registered health worker under Cap. 613A; and(ii) that registration under Cap. 613A is cancelled under section 8(1)(a) or (b) of Cap. 613A.(3) The cancellation takes effect—(a) for a cancellation under subsection (1)—subject to section 10(3), on the expiry of 21 days after the day on which the Director gives the notice under section 9; or(b) for a cancellation under subsection (2)—on the expiry of 21 days after the day on which the Director gives the notice under section 9.(12 of 2023 s. 32) 9. Notice of cancellation of registration (1) If the Director decides to cancel a person’s registration under section 8, the Director must give a written notice of the decision to—(a) the person; and(b) if the person is employed in a residential care home when the decision is made—the operator and the responsible person of the residential care home. (12 of 2023 s. 33)(2) The notice must state—(a) the date on which the cancellation takes effect under section 8(3);(b) the reason for cancelling the registration; and(c) if the registration is cancelled under section 8(1)—that the person may appeal under section 10. (12 of 2023 s. 33) 10. Appeals to Secretary (1) If the Director—(a) decides to refuse to register a person under section 6;(b) decides to refuse to renew a person’s registration under section 7A; or(c) decides to cancel a person’s registration under section 8(1),the person may, by written notice, appeal to the Secretary against the decision.(2) The notice must—(a) state the grounds of appeal; and(b) be delivered to the Director within 21 days after the day on which the Director gives the notice of the decision.(3) If an appeal is made against a decision described in subsection (1)(c), the decision does not have effect pending the determination of the appeal by the Secretary.(4) When considering an appeal against a decision of the Director, the Secretary—(a) must give the appellant and the Director an opportunity of being heard; and(b) may confirm, vary or reverse the decision and, if the decision is reversed, substitute for the decision a decision that the Secretary considers appropriate.(5) If the Secretary varies, or substitutes another decision for, the Director’s decision, the decision as varied or the substituted decision must be one that the Director had power to make.(6) On the determination of the appeal by the Secretary, the Director must give a written notice of the determination to—(a) the appellant; and(b) if the appellant is employed in a residential care home when the appeal is determined—the operator and the responsible person of the residential care home.(7) The notice referred to in subsection (6) must state the reason for the determination.(12 of 2023 s. 34) 10A. Registration remains in effect pending determination of appeal (1) This section applies if—(a) a person appeals against a decision described in section 10(1)(b) or (c); and(b) the person’s registration as a registered health worker would, but for this section, have expired before the appeal is determined.(2) The registration remains in effect until—(a) the Secretary determines the appeal; or(b) the person withdraws the appeal.(12 of 2023 s. 35) 10B. Registered health worker to report certain events (1) A registered health worker must report to the Director if—(a) a prosecution is started against the health worker for an indictable offence in Hong Kong;(b) a prosecution is started against the health worker for an offence punishable with imprisonment (however described) in a place outside Hong Kong;(c) the health worker is convicted of an indictable offence in Hong Kong;(d) the health worker is sentenced to imprisonment (however described) in a place outside Hong Kong, whether or not the sentence is suspended; or(e) there is a change in the name or correspondence address of the health worker.(2) The report must—(a) be given in writing—(i) for an event described in subsection (1)(a), (b), (c) or (d)—as soon as reasonably practicable after the event occurs; or(ii) for a change described in subsection (1)(e)—within 3 months after the change occurs; and(b) contain the information specified by the Director.(12 of 2023 s. 35) 10C. Transitional provisions relating to registration before material date (1) Unless renewed under section 7A, a registration under section 6 that has effect immediately before the material date expires at midnight on the last day of the 5-year period beginning on the material date (expiry date).(2) Despite section 7A(2)(a), an application for the renewal of the registration—(a) may be made at any time on or after the material date; but(b) must be made at least 6 months before the expiry date.(12 of 2023 s. 35) 10D. Application for registration as registered health worker pending on material date If an application for registration under section 6—(a) was made before the material date; but(b) has not been determined by the Director before that date,this Part, as amended by the Residential Care Homes Legislation (Miscellaneous Amendments) Ordinance 2023 (12 of 2023), applies in relation to the application.(12 of 2023 s. 35) Part IV Duties of Operator 11. Staffing requirements (12 of 2023 s. 36)(1) The operator of a residential care home (other than a nursing home) must—(a) employ a home manager for the residential care home; and(b) ensure that Schedule 1 is complied with in relation to the residential care home. (12 of 2023 s. 36)(1A) The operator of a nursing home must employ— (a) a person as a home manager (who may also be the nurse-in-charge);(b) a person (who is a registered nurse) as a nurse-in-charge; and(c) a number of persons as care staff in the following way— (i) at least 1 registered nurse being on duty in the nursing home at any time;(ii) at least 1 member of the care staff for every 3 (or less than 3) beds in the nursing home;(iii) at least 1 nurse among every 3 (or less than 3) members of care staff in the nursing home. (34 of 2018 s. 147)(2) An operator must not employ any person as— (12 of 2023 s. 36)(a) a home manager—(i) unless that person is a registered home manager or a registered home manager (provisional); and(ii) subject to subsection (1A)(a), for any purpose other than employment as a home manager; (12 of 2023 s. 36)(b) an ancillary worker for any purpose other than employment as an ancillary worker;(c) a care worker for any purpose other than employment as a care worker;(d) a health worker—(i) unless that person is a registered health worker; and(ii) for any purpose other than employment as a health worker; or(e) a nurse—(i) unless that person is a registered nurse or an enrolled nurse; and(ii) subject to subsection (1A)(a), for any purpose other than employment as a nurse.(3) The operator of a residential care home (other than a nursing home) must inform the Director, in writing within 14 days, of any change in the employment of a home manager under subsection (1)(a).(4) The operator of a nursing home must inform the Director, in writing within 14 days, of any change in the employment of a home manager or a nurse-in-charge under subsection (1A). (34 of 2018 s. 147)(12 of 2023 s. 36) 12. Maintenance of records by operator An operator shall maintain a record of the name, address and particulars of identity of every person employed in a residential care home. 13. Furnishing of plans by operator (1) The Director may by notice in writing served on an operator, require the operator to furnish him with a plan or diagram, with dimensions of the residential care home premises before the expiry of such time being not less than 14 days as shall be indicated in the notice.(2) An operator on whom a notice is served under subsection (1) shall, before the expiry of the time indicated in the notice, furnish the plan or diagram required by the Director. 14. Furnishing of details of fees by operator (1) The Director may by notice in writing served on an operator, require the operator to furnish him with details of any fees or charges payable by residents for the purposes of care at the residential care home, before the expiry of such time being not less than 14 days as shall be indicated in the notice.(2) An operator on whom a notice is served under subsection (1) shall, before the expiry of the time indicated in the notice, furnish the details of the fees and charges required by the Director.(3) An operator shall inform the Director, in writing within 14 days, of any change in the fees and charges so payable. 14A. Operator to ensure advertisement contains certain information (1) The operator of a residential care home must ensure that every advertisement published by or on behalf of the operator for promoting the residential care home contains information to the effect that a licence is in force in respect of the residential care home.(2) In subsection (1)—advertisement (廣告) includes any advertisement in the form of any words (written or spoken), picture, drawing, visual image, figure or article—(a) appearing in any publication; or(b) brought to the notice of the general public or any section of the general public in any other way;publish (發布) includes issue, circulate, display, distribute and broadcast.(12 of 2023 s. 38) Part V Duties of Home Manager 14B. Application of Part V This Part applies to a person who is employed by the operator of a residential care home as a home manager of the residential care home in compliance with section 11(1)(a) or (1A)(a).(12 of 2023 s. 39) 15. Submission of staff list by home manager (1) A home manager shall, if so required by the Director in writing, submit to the Director a list of staff employed by an operator under section 11, within 14 days of being so required.(2) A home manager shall at least once every 3 months inform the Director in writing of any change in the list of staff employed by an operator under section 11. 16. Maintenance of records by home manager A home manager must maintain a record of— (12 of 2023 s. 40)(a) the name, address and particulars of identity of every resident;(b) the name, address and particulars of identity of at least 1 relative or 1 contact person of every resident;(c) where or how any such relative or contact person may be contacted in an emergency;(d) the date of admission and discharge of every resident;(e) any accident or illness suffered by a resident and of any remedial action taken in that behalf;(f) any death of a resident;(g) any action taken, including the use of force or restraint, to prevent or restrain a resident from self-injury or injuring others, or damaging property, or creating a disturbance; (12 of 2023 s. 40)(h) possessions or property stored or held on behalf of every resident;(i) any complaint made by a resident or any other person relating to the management or operation of the residential care home and any remedial action taken in that behalf. 17. Information to be given by home manager (1) The Director may, by notice in writing served on a home manager, require the home manager to provide such information concerning the residential care home as he may require before the expiry of such time being not less than 14 days as shall be indicated in the notice.(2) A home manager on whom a notice is served under subsection (1) shall, before the expiry of the time indicated in the notice, provide the information required by the Director. 18. Home manager to report scheduled infectious disease (14 of 2008 s. 18)If a home manager suspects or knows of a case of scheduled infectious disease amongst the residents or staff of a residential care home or suspects or knows that any such person has been in contact with a case of scheduled infectious disease, he shall immediately so report to the Director.(14 of 2008 s. 18) Part VI Location and Design of Residential Care Homes 19. Location No residential care home shall be situated in any part of—(a) an industrial building; or(b) any premises the floor of which is immediately over the ceiling or immediately below the floor slab of any—(i) godown;(ii) cinema;(iii) theatre; or(iv) premises wherein any trade which, in the opinion of the Director, may pose a risk to the life or safety of the residents is carried on. 20. Height (1) Subject to subsection (2), no part of a residential care home shall be situated at a height more than 24 m above the ground floor, measuring vertically from the ground of the building to the floor of the premises in which the residential care home is to be situated.(2) The Director may by notice in writing served on an operator authorize that any part of such residential care home may be situated at a height more than 24 m above the ground floor as may be indicated in the notice. 21. Design Every residential care home shall, to the satisfaction of the Director, be designed to suit the particular needs of residents as follows—(a) every passage and doorway shall be wide enough to accommodate residents using walking aids or wheelchairs;(b) non-slip tiles shall be fitted in every place where the safety of residents is in jeopardy by reason of a risk of slippage;(c) the ceiling of every room shall, unless otherwise permitted by the Director, be situated at a height not less than 2.5 m measuring vertically from the floor or not less than 2.3 m measuring vertically from the floor to the underside of any beam. 22. Area of floor space per resident (1) The minimum area of floor space required for each resident of a residential care home is—(a) for a nursing home or a care and attention home—9.5 m2; or(b) for an aged home or a self-care hostel—8 m2. (12 of 2023 s. 41)(1A) Despite subsection (1)—(a) for a care and attention home to which this subsection applies, the minimum area of floor space required for each resident is—(i) during the 4-year period beginning on the material date—6.5 m2; and(ii) during the 4-year period immediately after the period mentioned in subparagraph (i)—8 m2; or(b) for an aged home or a self-care hostel to which this subsection applies, during the 8-year period beginning on the material date, the minimum area of floor space required for each resident is 6.5 m2. (12 of 2023 s. 41)(1B) Subsection (1A) applies to a residential care home if—(a) a licence was in force in respect of the residential care home immediately before the material date; or(b) a licence is issued in respect of the residential care home on or after the material date on an application made before that date. (12 of 2023 s. 41)(2) In determining the area of floor space for the purposes of this section the area of any open space, podium, garden and any other area in the residential care home which the Director is satisfied is unsuitable for the purposes of a residential care home is to be disregarded. (12 of 2023 s. 41) 23. Accessibility Every residential care home shall, to the satisfaction of the Director, be accessible by emergency services. 24. Heating, lighting and ventilation Every residential care home shall, to the satisfaction of the Director, be adequately heated, lighted and ventilated. 25. Toilet facilities (1) Every residential care home shall be provided with toilet facilities and sanitary arrangements of a type approved by the Director.(2) Every room used for toilet facilities shall—(a) to the satisfaction of the Director, be provided with fittings appropriate to the use of the toilet facilities by residents;(b) at all times be kept in a clean and sanitary condition;(c) not be used for any other purpose. 26. Water supply and ablutions Every residential care home shall, to the satisfaction of the Director, be provided with—(a) an adequate and wholesome supply of water;(b) adequate washing and laundering facilities;(c) adequate bathing facilities. 27. Repair Every residential care home shall, to the satisfaction of the Director, be kept in a state of good repair. Part VII Residents’ Health, Safety and Well-being (12 of 2023 s. 42) 28. Precautions for health and safety In every residential care home the design, the construction (including the fire resistance of the elements of construction) and the properties of the materials must be such that the health and safety of the residents, and in particular their safe escape in the event of fire, are, to the satisfaction of the Director, reasonably assured.(12 of 2023 s. 43) 29. Fire prevention equipment Every residential care home shall, to the satisfaction of the Director of Fire Services, be provided with adequate apparatus and equipment required as a safeguard against fire. 30. Fire exits The fire exits and exit routes of every residential care home shall, to the satisfaction of the Director, be—(a) kept free from obstruction; and(b) adequately illuminated. 31. Inspection of premises by members of Fire Services Department (1) Any member of the Fire Services Department may, without warrant and on production if so required, of proof of his membership and of his particulars of identity, at all reasonable times enter and inspect—(a) any residential care home; or(b) any—(i) building or part of any building where a residential care home is situated; or(ii) building, place or premises adjacent or near to a residential care home,if it appears to such member that a risk of fire to the residential care home may arise in such other building, part of any building, place or premises.(2) No person shall obstruct a member of the Fire Services Department in the exercise of his powers under subsection (1). 32.

Report from Fire Services Department Any member of the Fire Services Department may, in relation to any residential care home, report to the Director any matter arising from an inspection under section 31 or relating to the protection of life or property under the Fire Services Ordinance (Cap. 95) and may make recommendations to the Director as to anything necessary to preclude danger from fire. 33. Storage and administration of medicine (1) All medicine kept in a residential care home must, to the satisfaction of the Director, be kept in a secure and locked place.(2) A medicine that is prescribed by a registered medical practitioner, a registered Chinese medicine practitioner or a listed Chinese medicine practitioner for a resident in a residential care home may only be administered to the resident in accordance with the prescription.(3) In this section—listed Chinese medicine practitioner (表列中醫) has the meaning given by section 2(1) of the Chinese Medicine Ordinance (Cap. 549);registered Chinese medicine practitioner (註冊中醫) has the meaning given by section 2(1) of the Chinese Medicine Ordinance (Cap. 549).(12 of 2023 s. 44) 33A. Use of restraints (1) A restraint must not be used on a resident in a residential care home unless—(a) the safety, health or well-being of the resident or other persons is endangered;(b) no other less restrictive means to avoid the danger are available in the circumstances; and(c) the requirements relating to obtaining consent to the use of restraint as set out in the Codes of Practice issued under section 22 of the Ordinance are complied with.(2) A restraint may only be used—(a) in the safe and proper manner as set out in the Codes of Practice; and(b) for no longer than is necessary.(3) The use of a restraint must be closely monitored and reviewed to ensure that subsections (1) and (2) are complied with in relation to the continued use of the restraint.(12 of 2023 s. 45) 33B. Protection of residents’ dignity and privacy when providing care etc. When a personal care service is provided to, or a nursing care procedure is performed on, a resident in a residential care home, adequate facilities or measures must be provided or taken, to the satisfaction of the Director, to avoid improper exposure of body parts and protect the dignity and privacy of the resident.(12 of 2023 s. 45) 34. Medical examination of residents (12 of 2023 s. 46)(1) The operator of a residential care home must ensure that each resident is medically examined at least once in every 12 months.(2) The examination must be conducted by a registered medical practitioner, who must report in writing to the operator on the health of each resident.(3) A copy of such report must be kept by the operator and made available at all reasonable times for inspection by the Director or any inspector.(12 of 2023 s. 46) 35. Discharge of resident by operator An operator may, by notice in writing served on any resident and on a relative or contact person of such resident, discharge that resident and require him to quit the residential care home before the expiry of such period being not less than 30 days as shall be indicated in the notice. Part VIII Offences, Penalties and Fees 36. Offences by operators and home managers (1) An operator who fails to comply with section 11, 12, 13(2), 14(2) or (3) or 14A(1) commits an offence and is liable to a fine at level 5.(2) A home manager who fails to comply with section 15, 16, 17(2) or 18 commits an offence and is liable to a fine at level 5.(12 of 2023 s. 47) 37. Offence of obstruction Any person who contravenes section 31(2) commits an offence and is liable to a fine at level 5.(12 of 2023 s. 48) 38. Fees A fee specified in column 3 of Schedule 3 is payable to the Director for the matter described, opposite the fee, in column 2 of that Schedule.(12 of 2023 s. 49) Schedule 1 [s. 11]Minimum Staffing Requirements Part 1 Preliminary 1. Interpretation of Schedule 1 In this Schedule—on call (候命) means standing by and being ready to be on duty as soon as practicable after being called on;on-site (在場), in relation to a residential care home, means being present in the residential care home;specified period (指明期間), in relation to a day, means the period from 6 a.m. to 10 p.m. on that day;staff member (員工) means a home manager, a nurse, a health worker, a care worker or an ancillary worker. 2. Number of residents to be rounded up to next multiple If, in relation to a residential care home (other than a nursing home)—(a) this Schedule requires at least 1 staff member for every specified number of residents (specified number); and(b) the number of residents of the residential care home is not a multiple of the specified number,then, for the purpose of determining the number of staff members required, the number of residents of the residential care home is to be rounded up to the next multiple of the specified number. Part 2 Minimum Staffing Requirements 3. Care and attention home For a care and attention home, during or at the time specified in column 2 of Table 1 on every day, there must be at least the number of staff members that is specified in column 3 of Table 1 opposite the time. Table 1 Column 1 Column 2 Column 3 Item Time Minimum staffing requirement Nurse and Health Worker 1. 13 hours within the specified period (12 of 2023 s. 51) 1 health worker (on-site and on duty) for every 30 residents, and for this purpose, 1 nurse (on-site and on duty) is considered equivalent to 2 health workers (on-site and on duty) Care Worker 2. 10 hours within the specified period 1 care worker (on duty) for every 20 residents 3. Any time other than the 10 hours mentioned in item 2 1 care worker (on duty) for every 40 residents Ancillary Worker 4. 11 hours within the specified period 1 ancillary worker (on duty) for every 40 residents Any Staff Member 5. From 6 p.m. on a day to 7 a.m. on the next day 2 staff members (on duty) (who may be persons engaged for complying with a requirement specified in any other item of this Table) 6. Any time when a resident is in the care and attention home 1 staff member (on-site and on duty) (who may be a person engaged for complying with a requirement specified in any other item of this Table) 4. Aged home For an aged home, during or at the time specified in column 2 of Table 2 on every day, there must be at least the number of staff members that is specified in column 3 of Table 2 opposite the time. Table 2 Column 1 Column 2 Column 3 Item Time Minimum staffing requirement Nurse and Health Worker 1. 6 hours within the specified period (a) 1 nurse (on-site and on duty); or (b) 1 health worker (on-site and on duty) for every 60 residents Care Worker and Ancillary Worker 2. 11 hours within the specified period 1 care worker (on duty) or ancillary worker (on duty) for every 30 residents Any Staff Member 3. From 6 p.m. on a day to 7 a.m. on the next day 2 staff members (on duty) (who may be persons engaged for complying with a requirement specified in any other item of this Table) 4. Any time when a resident is in the aged home 1 staff member (on-site and on duty) (who may be a person engaged for complying with a requirement specified in any other item of this Table) 5. Self-care hostel For a self-care hostel, during or at the time specified in column 2 of Table 3 on every day, there must be at least the number of staff members that is specified in column 3 of Table 3 opposite the time.Table 3 Column 1 Column 2 Column 3 Item Time Minimum staffing requirement Care Worker and Ancillary Worker 1. 11 hours within the specified period 1 care worker (on duty) or ancillary worker (on duty) for every 60 residents Any Staff Member 2. Any time between 7 a.m. and 6 p.m. when a resident is in the self-care hostel 1 staff member (on-site and on duty) (who may be a person engaged for complying with the requirement specified in item 1) 3. From 6 p.m. on a day to 7 a.m. on the next day Both of the following staff members (who may be persons engaged for complying with the requirement specified in item 1)— (a) 1 staff member on-site (whether or not on duty); (b) 1 staff member on call (whether or not on-site) 6. Certain staffing requirements must be complied with during specific hours approved by Director (1) If, in relation to a residential care home (other than a nursing home), this Schedule requires at least a certain number of staff members during a certain number of hours within the specified period on every day (requirement), the requirement must be complied with during a specific period of, or specific periods totalling, that number of hours (specific hours) on every day as approved by the Director under this section in relation to the residential care home.(2) For the requirement, the operator of the residential care home—(a) must apply to the Director for approval of the specific hours proposed by the operator; and(b) may propose in the application different specific hours for different days.(3) The application must—(a) be made in the form and manner specified by the Director; and(b) contain the information specified by the Director.(4) The Director may approve the specific hours proposed by the operator if satisfied that the proposal is appropriate having regard to all relevant circumstances, including—(a) the schedule of activities of the residents of the residential care home; and(b) the rest hours of the residents of the residential care home.(Schedule 1 replaced 12 of 2023 s. 50) Schedule 2 (Repealed 12 of 2023 s. 52) Schedule 3 [ss. 2 & 38]Fees Column 1 Column 2 Column 3 Item Matter Fee 1. Registration as a registered home manager under section 3A $345 2. Renewal of a registration as a registered home manager under section 3E $235 3. Registration as a registered home manager (provisional) under section 3M $345 4. Registration as a registered health worker under section 6 $245 5. Renewal of a registration as a registered health worker under section 7A $190 (Schedule 3 added 12 of 2023 s. 53)