Licensing Scheme for

1. Licensing Scheme for Drug Dependent PersonsTreatment and Rehabilitation Centres

2. How the Licensing Office implements the licensing scheme for treatment centres

3. Objectives

4. Properly managed and physically secure environment • A central register • Uniform control

5. The Code of Practice (s.25) • principles, procedures or guidelines for the operation, management or other control of treatment centres; • providing practical guidance in respect of any one or more of the requirements of the Ordinance

6. Coverage

7. Any place used or intended to be used for - • the treatment for drug dependence or rehabilitation of 4 or more drug dependent persons undergoing such treatment or rehabilitation on a voluntary basis; and • providing residential accommodation for such persons undergoing such treatment for drug dependence, or undergoing rehabilitation, at that place.

8. These places include - • treatment centres which adopt medical or non-medical detoxification approach; and • halfway houses.

9. Certificate of Exemption / Licence

10. Section 4 of Cap.566 - No person shall operate or exercise control over the management of a treatment centre unless he is the specified operator of the treatment centre. No person shall take part in the management of a treatment centre unless a licence or CoE in respect of the treatment centre is for the time being in force.

11. Certificate of Exemption • only applicable for treatment centres already in operation before the commencement of Cap.566 on 1 April 2002 but which are unable to comply fully with the licensing requirements; and • applications for CoE in respect of such treatment centres must be made to LODTC on or before 30 June 2002.

12. Licence According to the Ordinance, all treatment centres which come into existence and which want to commence operation on or after the commencement of the Ordinance (1 April 2002) should be subject to regulation by the issue of licences.

13. Display requirement (s.12, Cap.566) • The specified operator of a treatment centre shall display or cause to be displayed the licence or certificate of exemption for the time being in force in respect of the treatment centre in a conspicuous place at the treatment centre.

14. Inspection

15. Inspection (s.18(1)) DSW or any public officer authorized by him in writing may, in relation to a treatment centre in respect of which a licence or CoE has been issued- • at all reasonable times enter and inspect the treatment centre, with such assistants as may be necessary; • require the production of, and examine or take copies of any book, document or other article relating to the operation or management of the centre or to any other activity carried out in or in relation to the centre;

16. Inspection (cont’) • require any information relating to such operation, management or activity to be furnished; • remove for further examination any book, document or other article which he has reason to suspect is or contains – (i) evidence of the commission of an offence against this Ordinance; or (ii) evidence of a ground for the cancellation of the licence or CoE;

17. Inspection (cont’) • do such other things as are necessary for the inspection of the treatment centre 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 the treatment centre.

18. Departments involved – • Social Welfare Department • Buildings Department (private buildings) Housing Department (rental flats, Home Ownership Scheme or Tenants Purchase Scheme); or Architectural Services Department (Government buildings), as appropriate • Fire Services Department

19. Inspection by SWD Licensing Office of Drug Dependents Treatment Centres (藥物倚賴者治療中心牌照事務處)

20. Inspectors of LODTC – • major concerns : management, staffing and safety measures, etc stipulated in the Ordinance and Code of Practice; • coordination with other concerned departments. • other concerns : centre’s progress and difficulties in meeting other licensing requirements;

21. Inspection by other concerned departments • Other concerned departments will have joint inspections with SWD or arrange separate inspections on the building and fire safety, and land status of the centre premises. • For enquiries on such issues, treatment centres should consult the relevant departments direct.

22. Issue of CoE / Licence • DSW may issue the CoE / licence with reasonable conditions. • The validity period of the CoE or licence, the maximum period of which is 12 months, may vary according to the treatment centre’s degree of compliance with various requirements specified in the CoE / Licence.

23. Conditions of Exemption May include requirements relating to construction, design, structure, fire precautions, health, sanitation, safety, accommodation, staffing, equipment and management of the treatment centre as stipulated in the Ordinance and Code of Practice.

24. Conditions of Licence May include requirements relating to accommodation, staffing, equipment and management of the treatment centre as stipulated in the Ordinance and Code of Practice.

25. How to apply licences or CoE for treatment centres

26. Application for a CoE/Licence • LODTC 1 (original + 3 copies) • Photocopy of - • HKICs • Certificate of Incorporation for a body corporate; and Business Registration Certificate + certified copy of Business Registration Application for private centres

27. Application for a CoE/Licence (cont’) • tenancy agreement, &/or documents showing the land status (e.g. Government Land Licence, Land Lease, Short Term Tenancy or Short Term Waiver, etc.) and the expiry dates for such use in respect of the centre premises (for rented premises); • assignment (for self-owned premises); • building plans (5 copies);

28. Application for a CoE/Licence (cont’) • full list of staff – employees/prospective employees; skeleton volunteers [LODTC 2 & LODTC 2(a)]; and • Annex A : fit person statements.

29. Fit Person Criteria

30. Persons not to be considered as fit person (s.7) • he is or was a drug dependent person unless he satisfies DSW that he has not been a drug dependent person continuously in the 7 years immediately prior to the day on which DSW considers the matter;

31. Persons not to be considered as fit person (cont’) • he has been convicted in HK of any offence specified in Schedule 1 of the Organized and Serious Crimes Ordinance (Cap.455) and sentenced to imprisonment within the 10 years immediately prior to the day on which DSW considers the matter; or • he has been convicted elsewhere, within that period, of any offence constituted by an act or omission that, if it had occurred in HK, would have constituted an offence specified in Cap.455 and sentenced to imprisonment on the conviction.

32. Fit Person Criteria • within 14 days after fresh conviction of any offence as specified in s.7(1)(b) and (c) of Cap.566, the applicant/specified operator (or its director/partner as appropriate) should notify DSW in writing • attach an authorization form for SWD to check his criminal record with the Police

33. Renewal of CoE / Licence 2003 2002

34. Apply not more than 4 months and not less than 2 months before the expiry of the CoE / licence • DSWmay grant the renewal with reasonable conditions or refuse to grant the renewal

35. Processing of Applications

36. To facilitate speedy processing, please enclose – • adequate copies of application form (4) and building plans (5); & • all required supporting documents

37. LODTC would as necessary refer case to – • Buildings Department (or Housing Department / Arch. Services Department) • Fire Services Department • Lands Department • Planning Department

38. THANK YOU !