Government to gazette care homes notice

Notice will be tabled for negative vetting on 17 April.

In a report, the Labour & Welfare Bureau said today said that the Residential Care Homes (Persons with Disabilities) Ordinance (Commencement) Notice 2013 will be gazetted on April 12. The notice proposes to mark June 10 as the day when part two of the ordinance comes into operation.

The ordinance has been in force since November 18, 2011, and provides for the control of residential care homes for persons with disabilities through a licensing scheme administered by the Director of Social Welfare. Part two will cover sanctions for those operating a residential care home without a licence or certificate of exemption.

To allow sufficient time for individual care homes to apply for and receive a new licence or exemption certificate from the Social Welfare Department, a grace period of 18 months is given starting from the commencement of the Ordinance. During the grace period, which expires in May of this year, no sanctions will be imposed.

Once part two of the ordinance comes into effect, the Social Welfare Department will take appropriate enforcement action, including prosecuting the offending operator and/or home manager. The maximum penalty on conviction is a fine and imprisonment for two years. In the case of a continuing offence, a further fine of $10,000 for each day may be imposed.

The notice will be tabled at the Legislative Council for negative vetting on April 17.