【法规名称】
【法规编号】 82093 什么是编号？
【正 文】
第3页 CAP 459 RESIDENTIAL CARE HOMES (ELDERLY PERSONS) ORDINANCE
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[接上页] (6) A renewal of a licence granted under this section shall have effect on the day following the day upon which the licence would have expired but for subsection (5), for a period of 36 months or such lesser period as may be indicated by the Director at the time of renewal. (Enacted 1994) Cap 459 s 10 Cancellation and suspension of licence or refusal to renew and amendment or variation of conditions The Director may at any time by notice in writing served on the person holding a licence in respect of a residential care home cancel or suspend the licence or refuse to renew the licence or amend or vary any condition of the licence- (a) on any ground specified in section 8(3)(a), (b) or (c) which would have entitled him to refuse an application for the licensing of that residential care home; (b) on the ground that- (i) that person has been convicted of an offence against this Ordinance or an indictable offence; or (ii) any other person has been convicted of an offence against this Ordinance or an indictable offence in respect of that residential care home;(c) on the ground that, in respect of that residential care home or the residents thereof- (i) any of the provisions of this Ordinance have been or are being contravened; or (ii) any requirement, order or direction made or given under this Ordinance has not been complied with by the person holding the licence in respect of the residential care home;(d) on the ground that any condition of the licence has not been or is not being complied with by the person holding the licence in respect of the residential care home; (e) if it appears to him that- (i) that residential care home has ceased to be operated as such or to exist; (ii) that such persons has ceased to operate, keep, manage or otherwise control, that residential care home; or (iii) that residential care home has, on any occasion since the date on which it was licensed, been operated in a manner contrary to the public interest. (Enacted 1994) Cap 459 s 11 Notice of refusal of licence or renewal and of cancellation or suspension (1) The Director shall, before refusing an application for a licence or serving notice under section 10, give to the applicant or the person holding the licence, as the case may be, notice of his intention to do so, stating the grounds on which he intends to refuse the application or serve a notice under section 10 and containing an intimation that such applicant or such person may make written representations to him. (2) If the Director decides to refuse an application for a licence or serve a notice under section 10, he shall make a written order, properly dated and signed, to that effect and shall send a copy thereof by registered post to the applicant or the person holding the licence, at the address last known to the Director. (Enacted 1994) Cap 459 s 12 Appeals against decisions of Director PART V APPEALS (1) Any person aggrieved by a decision of the Director made in respect of him under section 7, 8, 9 or 10 may appeal to the Appeal Board. (2) A decision under section 10 that is appealed against under subsection (1) shall be suspended in its operation as from the day on which the appeal is made until such appeal is disposed of, withdrawn or abandoned unless such suspension would, in the opinion of the Director, be contrary to the public interest and the notice of the decision contains a statement to that effect. (3) Any person who wishes to appeal under this section shall lodge a notice of appeal in the prescribed form and manner within 28 days after receiving notice of the decision to which the appeal relates. (Enacted 1994) Cap 459 s 13 Appeal Board Remarks: Amendments retroactively made - see 17 of 1999 s. 3 (1) Every appeal shall be determined by the Appeal Board constituted under section 14. (2) The Chief Executive shall appoint as Chairman of the Appeal Board a person who is qualified for appointment as a District Judge under section 5 of the District Court Ordinance (Cap 336). (Amended 17 of 1999 s. 3) (3) Subject to subsection (6), the Chairman shall be appointed for a term of 2 years but may be reappointed. (4) The Chief Executive shall appoint a panel of persons whom he considers suitable for appointment under section 14 as members of the Appeal Board to hear any appeal. (Amended 17 of 1999 s. 3) (5) An appointment under subsection (2) or (4) shall be notified in the Gazette. (6) The Chairman and any person appointed under subsection (4) may at any time resign by notice in writing to the Chief Executive. (Amended 17 of 1999 s. 3) (Enacted 1994) Cap 459 s 14 Constitution of Appeal Board Remarks: Amendments retroactively made - see 25 of 1998 s. 2; 17 of 1999 s. 3 (1) The Appeal Board shall consist of the Chairman and not less than 2 of the persons from the panel referred to in section 13(4) as the Chairman may appoint to be members thereof to hear any appeal. (2) In hearing an appeal the Appeal Board may, in relation to such appeal, give directions to the Director with respect to the exercise by the Director of such of the functions of the Director under this Ordinance as are relevant to the appeal and the Director shall comply with any such direction. |
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