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The Residential Care Homes (Persons with Disabilities) Ordinance (Commencement) Notice 2013 will be gazetted this Friday (April 12).
A spokesman for the Labour and Welfare Bureau today (April 10) pointed out that the Residential Care Homes (Persons with Disabilities) Ordinance has been in force since November 18, 2011, except Part 2 on sanctions for operating a residential care home without a licence/certificate of exemption (CoE). The Commencement Notice seeks to bring Part 2 of the Ordinance into effect.
"To allow sufficient time for individual residential care homes for persons with disabilities (RCHDs) to put in place suitable arrangements for application for a new licence/CoE and for the Social Welfare Department (SWD) to process the applications, a grace period of 18 months is given starting from the commencement of the Ordinance. During the grace period, no sanction will be imposed on the operation of an RCHD without a licence/CoE," the spokesman said.
"The grace period will expire in May 2013. We propose in the Commencement Notice to appoint June 10, 2013, as the day on which Part 2 of the Ordinance comes into operation. From then on, any person who operates, keeps, manages or in any other way has control of an RCHD without a valid licence/CoE commits an offence. The SWD will take appropriate enforcement action including prosecuting the operator and/or the home manager. The maximum penalty on conviction is a fine at level 6 ($100,000 at present) and imprisonment for two years. In the case of a continuing offence, a further fine of $10,000 for each day can be imposed," the spokesman added.
The Ordinance provides for the control of RCHDs through a licensing scheme administered by the Director of Social Welfare.
In tandem with the licensing scheme, the SWD has introduced suitable complementary measures, such as encouraging private RCHDs to upgrade their service standards through the pilot Bought Place Scheme for private RCHDs. Up to now, the SWD has purchased places from six RCHDs and all these RCHDs have been successfully licensed.
The SWD also implemented a Financial Assistance Scheme for Private RCHDs to provide subsidies for private RCHDs to carry out improvement works in compliance with the licensing requirements in building and fire safety. Moreover, the SWD has organised a series of briefing and sharing sessions to enable operators of RCHDs to have a clear understanding on the operational details of the licensing scheme and procedures for applying for licences/CoEs.
To carry out the statutory duties in relation to the licensing scheme, the SWD has established the Licensing Office of Residential Care Homes for Persons with Disabilities. It has also published a booklet, "Tips for Selecting a Suitable RCHD", for reference by persons with disabilities and their family members in selecting a suitable RCHD.
The Commencement Notice will be tabled at the Legislative Council for negative vetting on April 17.
Ends/Wednesday, April 10, 2013
Issued at HKT 11:00
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