Licence Application /
Request for Letter of Exemption

Definition of Hospital

• Application for licences for private hospitals commenced on 2 July 2019.

• Hospital licences under the new regime took effect on 1 January 2021.

First Application Variation of Service/Particulars Renewal of Licence

Note:

Hospital licensees are required to notify / apply to the Department of Health in writing on the Variation of Service / Particulars and Cessation of Operation within the specified period.

Definition of Day Procedure Centre

• Application for licences for day procedure centre commenced on 2 January 2020.
• The first batch of day procedure centre licences under the Private Healthcare Facilities Ordinance (Cap. 633) (“PHFO”) took effect on 1 January 2021.
• Penalty provision pertaining to the operation of a day procedure centre without a licence commenced on 30 June 2022.
• Any person operating a day procedure centre without a licence commits an offence and is liable on conviction on indictment to a fine at level 6 and to imprisonment for 3 years.

First Application Variation of Service/Particulars Cancellation of Licence Renewal of Licence

Note:

Day Procedure Centre licensees are required to notify / apply to the Department of Health in writing on the Variation of Service / Particulars and Cessation of Operation within the specified period.

Definition of Clinic

• Application for clinic licences and requests for letters of exemption for small practice clinic commenced on 13 October 2025.
• The government expects to fully implement the statutory regulatory regime for clinics as early as the end of December 2027. Clinic operators who have not yet applied for a clinic licence / letter of exemption are urged to submit their applications as soon as possible.

Types of Clinic Licence and Letter of Exemption for Clinic

• Provisional clinic licence

  As a transitional arrangement, clinics in operation on 30 November 2018 and apply for a licence within the period from 13 October 2025 to 13 April 2026 (both dates inclusive) will be issued with a provisional clinic licence, if the conditions under section 136(2) of the PHFO are met. Clinics issued with a provisional clinic licence may continue to operate legally until the application for full licence is approved, withdrawn or rejected, or the Secretary for Health appoints by notice published in the Gazette the date on which the transitional arrangement expires.

• Full clinic licence

  For clinics which commenced operation after 30 November 2018 (including those which started businesses or moved to new premises), operators can directly apply for a full licence from 13 October 2025 onwards.

• Letter of exemption for small practice clinic (“SPC”)

  The definition of an SPC is stipulated in section 41 of the PHFO.

  • An SPC must be operated only by registered medical practitioner(s) and/or registered dentist(s).
  • The operation may be in the form of a sole proprietorship, a partnership, or a company.
  • No registered medical practitioners or dentists other than the operator(s) can serve the clinic (except for locum arrangement).

  Moreover, the following three conditions must also be met:

  (a)

  Number of medical practitioners or dentists:

  (i)

  If the SPC is operated under a sole proprietorship, the sole proprietor must be a registered medical practitioner or a registered dentist;

  (ii)

  If the SPC is operated under a partnership or a company, there can only be a maximum of five partners or company directors, and all partners or company directors must be registered medical practitioners or registered dentists.

  (b)

  The right to use the premises:

  (i)

  The sole proprietor of the sole proprietorship; at least one partner of the partnership; the company or at least one director of the company shall have the exclusive right to use the premises forming the SPC. Sub-lease is not allowed.

  (c)

  Locum arrangement:

  (i)

  For every registered medical practitioner or registered dentist operating the SPC, the total number of locum days for which another registered medical practitioner or registered dentist takes up the duties of the individual must not exceed 60 days in a calendar year;

  (ii)

  In addition, the aggregate number of locum days for all the partners or directors operating the clinic must not exceed 180 days in a calendar year.

  Each registered medical practitioner or registered dentist may operate up to three SPCs with valid exemption at the same time.

  In addition, the clinic must comply with sections 66 and 67 of the PHFO:

  • Be a distinct and exclusive unit that is able to perform its function independently;
  • Be physically separated from any premises that serve a purpose not reasonably incidental to the facility; and
  • Have a direct and separate entrance.

Application for full / provisional clinic licence

• For operator who has been operating a clinic on 30 November 2018

  (i) On receipt of the operator's application for a full licence, the Director of Health must issue a provisional licence to the operator if the Director of Health is satisfied that certain conditions are met

  (ii) The provisional licence allows the clinic concerned to continue to operate during the transitional period under the new regulatory regime before it is qualified for a full licence (Please refer to section 136 of the PHFO)

  (iii) During the validity period of its provisional licence, a clinic is not required to comply with the requirements on separate entrance under section 67 of the PHFO, subject to certain conditions (Please refer to section 138 of the PHFO)

• For operator who starts operating a clinic after 30 November 2018

  They will need to comply with requirements under the new regulatory regime, and aim to apply for a full licence or a letter of exemption in accordance with the arrangements announced by the Department of Health and requirements stipulated under the PHFO

First Application

Note:

Clinic licensees are required to notify / apply to the Department of Health in writing on the Variation of Service / Particulars and Cessation of Operation within the specified period.

Request for letter of exemption for small practice clinics

Operator(s) of a small practice clinic may request the Director of Health for a letter of exemption to operate the clinic without a licence. Each registered medical practitioner or registered dentist may operate up to three small practice clinics with valid exemption at the same time. Please refer to Part 4 of the PHFO for details.

First Request Intended Change Intended Cessation / Closure FAQ

Note:

Operators of small practice clinics are required to notify the Department of Health in writing on any intended change of the clinic's operators and address, as well as any intended cessation of the clinic's operation or the clinic's operating as a small practice clinic within the specified period.

For details about clinic licence and exemption for small practice clinic, please visit the thematic website.

Hospital

• The licensee of a hospital shall apply to the Director of Health for variation of hospital service or particulars within the specified timeframe.
• Please click here to learn more about the detailed requirements.

Day Procedure Centre

• The licensee of a day procedure centre (DPC) shall apply to the Director of Health for variation of DPC service or particulars. The licensee of a DPC shall apply for variation of particulars, including but not limited to the change of chief medical executive (CME), no later than 14 days after the change has occurred. For variation of service, the licensee of a DPC is advised to apply to the Director of Health at least 2 months before the intended date of service commencement for the proposed variation(s).
• If the DPC is intended to relocate to other premises, cease providing any scheduled medical procedure, change of licensee, or cease operation before the licence expires, the licensee shall request for cancellation of licence in writing to the Director of Health. If the licensee of a DPC intends to cease operating the facility before the licence expires, the licensee must make a request in writing to the Director of Health to cancel the licence not less than 6 weeks before the intended date of cessation of operation.
• The licensee of a DPC shall apply for renewal of day procedure centre licence not less than 6 weeks before the expiry of the licence.
• Please refer to Guidance Notes for Application for Variation of Service / Particulars for Day Procedure Centres and Guidance Notes for Cancellation of Day Procedure Centre Licence at Licensee's Request and visit the thematic page to learn more about the detailed requirements for variation of services / particulars, renewal of licence and cancellation of licence.

Note:

• If there is a change of the CME of a DPC and that the licensee concerned failed to notify the Director of Health in writing of the change and the qualifications, training and experience of the CME appointed, or to be appointed, in replacement before the expiry of 14 days after the change of CME has occurred, the licensee is liable on summary conviction to a fine at level 4 and, in the case of a continuing offence, to a further fine of $2,000 for each day during which the offence continues.
• If the licensee of a DPC, without reasonable excuse, failed to make a request in writing to the Director of Health to cancel the licence not less than 6 weeks before the intended date of cessation of operation of the DPC, the licensee is liable on summary conviction to a fine at level 4 and to imprisonment for 3 months.

Clinic

• The licensee of a clinic shall apply to the Director of Health for variation of clinic service or particulars. The licensee of a clinic shall apply for the change of chief medical executive (CME) no later than 14 days after the change has occurred.
• The licensee of a clinic shall request for cancellation of licence in writing to the Director of Health if the licensee intends to cease operating the clinic. The request must be made not less than 6 weeks before the intended date of cessation of operation.
• For detailed arrangement about variation of service / particulars of a licensed dental clinic or cancellation of dental clinic licence, please contact the Dental Regulatory and Law Enforcement Office.

Note:

• If there is a change of the CME of a clinic and that the licensee concerned failed to notify the Director of Health in writing of the change and the qualifications, training and experience of the CME appointed, or to be appointed, in replacement before the expiry of 14 days after the change of CME has occurred, the licensee is liable on summary conviction to a fine at level 4 and, in the case of a continuing offence, to a further fine of $2,000 for each day during which the offence continues.
• If the licensee of a clinic, without reasonable excuse, failed to make a request in writing to the Director of Health to cancel the licence not less than 6 weeks before the intended date of cessation of operation of the clinic, the licensee is liable on summary conviction to a fine at level 4 and to imprisonment for 3 months.

Small Practice Clinic

• Operator(s) of an exempted clinic must give the Director of Health not less than 14 days' notice in writing of any intended change of the clinic's operators, intended change of the clinic's address, intended cessation of the clinic's operation, or intended cessation of the clinic's operating as a small practice clinic. In other words, operators must notify the Director of Health in writing at least 14 days before the intended changes or cessation.
• Despite the specified requirements for any intended change of the clinic's operators, if the change occurs because of the death or deregistration of an operator, the notice may be given within 14 days after the date of the operator's death or deregistration.
• Please refer to section 44 of the PHFO, Guidance Notes for Notice of Intended Change or Cessation of Exempted Clinics and Guidance Notes for Closure of Exempted Clinics for detailed requirements.

Note:

• If the operator(s) of an exempted clinic, without reasonable excuse, failed to give the Director of Health not less than 14 days' notice in writing of any intended change of the clinic's operators, intended change of the clinic's address, or intended cessation of the clinic's operation, or failed to give the Director of Health notice in writing within 14 days after the date of the operator's death or deregistration if the change occurs because of the death or deregistration of an operator, the operator(s) is/are liable on summary conviction to a fine at level 4.
• If the operator(s) of an exempted clinic, without reasonable excuse, failed to give the Director of Health not less than 14 days' notice in writing of any intended cessation of the clinic's operating as a small practice clinic, the operator(s) is/are liable on summary conviction to a fine at level 4 and imprisonment for 3 months.