【法规名称】
【法规编号】 82093 什么是编号？
【正 文】
第5页 CAP 459 RESIDENTIAL CARE HOMES (ELDERLY PERSONS) ORDINANCE
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[接上页] (a) at all reasonable times enter and inspect any residential care home or any premises which he has reason to suspect are used as or for the purposes of a residential care home; (b) require any person taking part in the operation or management of a residential care home to produce any book, document or other article relating to the operation or management of the residential care home or to any other activity in respect of the residential care home, or to furnish any information relating to such management or activity; (c) remove for further examination any book, document or other article which he has reason to suspect is evidence of the commission of an offence against this Ordinance, or is evidence of a ground for the cancellation of the licence issued in respect of a residential care home; and (d) do such other things as are necessary for the inspection of a residential care home or for the inspection or testing of any equipment, works or system used for or in connection with the operation, keeping, management or other control of a residential care home. (Enacted 1994) Cap 459 s 19 Director may direct remedial measures (1) The Director may, in respect of any residential care home, by notice in writing, give such directions as appear to him to be required to secure that- (a) it is operated and managed satisfactorily; (b) the welfare of its residents is promoted in a proper manner; (c) adequate apparatus and equipment required as safeguards against fire or other hazard likely to endanger the lives or health of residents are provided in the residential care home; and (d) the provisions of this Ordinance are complied with.(2) A notice under subsection (1)- (a) shall be served personally or by registered post on the person being the operator, keeper, manager or otherwise having control of the residential care home; and (b) shall indicate a period within which the directions shall be complied with. (Enacted 1994) Cap 459 s 20 Director may order cessation of use of premises as a residential care home (1) The Director may- (a) if it appears to him that there is any danger or risk of danger to persons in residence in a residential care home; or (b) if, in respect of any such residential care home, the requirements of a direction given under section 19(1) are not complied with within the period indicated in the notice served under that section,by order in writing direct that the premises used as a residential care home shall cease to be used as a residential care home for such period as he thinks fit or until further notice. (2) An order under this section shall be served on the person being the operator, keeper, manager or otherwise having control of the residential care home concerned and shall take effect from the date of service. (3) It shall be sufficient service of an order under this section if- (a) it is delivered personally to the person on whom it is to be served; (b) it is sent by registered post to the last known address of that person; or (c) a copy thereof is posted in a conspicuous place upon or in the premises to which it relates. (Enacted 1994) Cap 459 s 21 Offences in relation to certificates of exemption and licences PART VII MISCELLANEOUS (1) Any person who on any occasion operates, keeps, manages or otherwise has control of a residential care home in respect of which a certificate of exemption has been issued- (a) in contravention of any condition of the certificate of exemption so issued; (b) in any premises other than the residential care home premises indicated in the certificate of exemption so issued; or (c) under any name other than the name of the residential care home indicated in the certificate of exemption so issued,commits an offence. (2) Where any condition of a certificate of exemption is contravened, the person in whose name the certificate of exemption was issued commits an offence unless he proves that- (a) he did not know and had no reason to suspect the existence of the circumstances giving rise to the contravention; and (b) he could not, by the exercise of reasonable supervision and reasonable diligence, have prevented those circumstances arising.(3) Any person who on any occasion operates, keeps, manages or otherwise has control of a residential care home in respect of which a licence has been issued- (a) in contravention of any condition of the licence so issued; (b) in any premises other than premises indicated in the licence so issued; or (c) under any name other than the name indicated in the licence so issued,commits an offence. (4) Where any condition of a licence is contravened, the person holding the licence in respect of the residential care home commits an offence unless he proves that- (a) he did not know and had no reason to suspect the existence of the circumstances giving rise to the contravention; and (b) he could not, by the exercise of reasonable supervision and reasonable diligence, have prevented those circumstances arising.(5) Where an offence under subsection (1) or (3) is alleged to have been committed, proof that a defendant did any act in connection with the operation, keeping, management or other control of a residential care home is, in the absence of evidence to the contrary, proof that the defendant operated, kept, managed or otherwise had control of a residential care home. |
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