【法规名称】
【法规编号】 82093 什么是编号？
【正 文】
第2页 CAP 459 RESIDENTIAL CARE HOMES (ELDERLY PERSONS) ORDINANCE
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[接上页] (5) The Director may, upon application made to him in such form and manner as he may determine, renew a certificate of exemption. (6) A certificate of exemption or a copy thereof purporting to be certified under the hand of the Director shall be evidence of the facts stated therein as at the date of such certificate of exemption or such copy thereof and shall be received in evidence without further proof. (7) A certificate purporting to be certified under the hand of the Director that a certificate of exemption has or has not been issued in respect of a residential care home shall be evidence of the facts stated therein as at the date of such certificate and shall be received in evidence without further proof. (Enacted 1994) Cap 459 s 8 Application for and issue of licence PART IV LICENCES (1) An application by a person for a licence in respect of a residential care home shall be- (a) made to the Director in such form and manner as the Director may determine; and (b) accompanied by such information, particulars and plans as the Director may require.(2) The Director shall, on receipt of an application under subsection (1), determine the application- (a) by issuing to and in the name of the applicant, a licence imposing such conditions, in relation to the operation, keeping, management or other control of the residential care home, as he thinks fit; or (b) by refusing to issue a licence to the applicant.(3) The Director may refuse to issue a licence to the applicant if it appears to him- (a) that the applicant or any person he proposes to employ at the residential care home is not a fit person, whether by reason of age or otherwise, to operate, take part in the management of or be employed at the residential care home; (b) that for reasons connected with the situation, means of ingress and egress, design, construction, size, type of building, staffing or equipment, the premises to be used for the residential care home are not fit to be used for the purposes of a residential care home; (c) that such premises do not comply with any requirements relating to design, structure, fire precautions, health, sanitation and safety set out in- (i) any regulation made under section 38 of the Buildings Ordinance (Cap 123); (ii) any Code of Practice published by the Director of Fire Services under section 16(1)(b) of the Buildings Ordinance (Cap 123); (iii) any Code of Practice issued by the Director under section 22; or (iv) any regulation made under section 23;(d) that the proposed name of the residential care home is unsuitable or is the same as or similar to- (i) the name of any residential care home in respect of which a certificate of exemption has been issued under section 7(2) and is for the time being in force; (ii) the name of any other residential care home; or (iii) the name of a residential care home in respect of which the licence has been cancelled.(4) A licence issued under this section shall- (a) be in such form as the Director may determine; (b) be endorsed with the conditions, if any, imposed under subsection (2)(a); and (c) authorize the person in whose name it is issued to operate, keep, manage or otherwise have control of a residential care home of a type prescribed for the purposes of this section, for a period of 36 months or such lesser period as may be indicated therein.(5) A licence or a copy thereof purporting to be certified under the hand of the Director shall be evidence of the facts stated therein as at the date of such licence or such copy thereof and shall be received in evidence without further proof. (6) A certificate purporting to be certified under the hand of the Director that a residential care home is licensed or is not licensed shall be evidence of the facts stated therein as at the date of such certificate and shall be received in evidence without further proof. (Enacted 1994) Cap 459 s 9 Renewal of licence (1) A person holding a licence in respect of a residential care home may, before the expiration of the licence, apply for the licence to be renewed for a period of not more than 36 months. (2) An application for renewal of a licence shall be made to the Director- (a) not more than 4 months and not less than 2 months prior to the expiration of the licence or within such other period prior to the expiration thereof as the Director may in writing permit; (b) in such form and manner as the Director may determine.(3) The Director may in respect of the renewed licence impose any condition, in relation to the operation, keeping, management or other control of the residential care home, in addition to or instead of any condition previously imposed by him under section 8(2)(a). (4) A renewal of a licence under this section before the expiration of the licence shall take effect on the day following the day of its expiration. (5) Any licence in respect of which an application for renewal is made under this section and which expires prior to the determination of such application shall, unless such application is withdrawn or the licence is cancelled or suspended under section 10, remain in effect until the determination by the Director of such application. |
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