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Making the appeal, a spokesman for the department said today (Sunday) that the Government Gazette had announced that Section 6 of the Residential Care Homes (Elderly Persons) Ordinance should come into operation on June 1, 1996.
"Section 6 of the Ordinance stipulates that any person, who on any occasion operates, keeps, manages or otherwise has control of a residential care home in respect of which neither a licence nor a certificate of exemption has been issued, commits an offence and is liable to a fine of $100,000 and to imprisonment for two years," the spokesman said.
He reiterated the department's policy that all residential care homes which came into existence and which intended to commence operation on or after April 1, 1995 should be subject to regulation by the issue of a licence rather than the issue of a certificate of exemption.
"Unless there is something exceptional in the circumstances which warrant a departure from this policy, it is unlikely that a certificate of exemption will be issued for any residential care home which commences operation on or after April 1, 1995.
"Licences may be issued to residential care homes which are able to comply with the requirements in accordance with the Residential Care Homes (Elderly Persons) Ordinance.
"Certificates of exemption are to be granted to residential care homes already in operation before April 1, 1995 but which are unable to comply fully with the legislative requirements so as to allow these homes to continue operation in the interests of the residents as well as the operators in business terms," he said.
However, the spokesman said if there was danger to the residents or their well- being might be adversely affected, the certificate of exemption would be revoked.
Since the implementation of the Residential Care Homes (Elderly Persons) Ordinance, 548 residential care homes for the elderly out of a total of 586 have applied to the SWD for licences or certificates of exemption.
Application forms and relevant materials can be obtained from SWD's Licensing Office of Residential Care Homes for the Elderly at Room 2354 on the 23rd floor of Wu Chung House, 213 Queen's Road East, Wan Chai.
Elderly home operators who have enquiries about licensing requirements as well as application procedures may call 2961 7211 or 2834 7414.
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