The Residential Care Homes (Persons with Disabilities) Ordinance (Chapter 613, Laws of Hong Kong) commenced operation on 18 November 2011 and came into full implementation on 10 June 2013, to ensure that residents in RCHDs receive services of acceptable standards that are of benefit to them physically, emotionally and socially. Under the Ordinance, all RCHDs in Hong Kong must be operated with valid licences / certificates of exemption and are in compliance with the statutory requirements relating to their management and staffing, facilities and equipment, location, structure and design of the premises, building safety, fire precautions, health and sanitation.
The Residential Care Homes (Persons with Disabilities) Ordinance and the Residential Care Homes (Elderly Persons) Ordinance (Cap. 459) are mutually exclusive. Under the principle of mutual exclusion, any home which fits into the definitions of a residential care home under the above Ordinances is only required to hold one valid licence under either of the ordinances, and should not apply for a licence under both ordinances for the same period.
The Residential Care Homes Legislation (Miscellaneous Amendments) Ordinance 2023 (Ord. No. 12 of 2023) (the Amendment Ordinance) was gazetted on 16 June 2023 to enhance the monitoring and quality of residential care homes. The majority of the Amendment Ordinance will come into effect from 16 June 2024 whereas the requirements in relation to staffing and area of floor space per resident will be implemented in phases.
For details, you may click here to link to the SWD website.
