Hong Kong childcare centre licence requirements and registration process

Hong Kong Childcare Centre Licence Requirements and Registration

A childcare centre in Hong Kong must be registered with the Social Welfare Department (SWD) under the Child Care Services Ordinance (Cap. 243). The SWD is the sole regulator. It processes applications, inspects premises annually and investigates complaints, with the power to issue closure orders against unlicensed operators.

What the Child Care Services Ordinance Covers

The Child Care Services Ordinance (Cap. 243) defines a "childcare centre" as any premises where child care services are provided for more than five children under the age of six. The ordinance distinguishes between three types of centre:

• Day care centre - provides care for children under six for part of the day or the full day.
• Residential care home - provides residential care for children under six.
• Nursery school - provides care and supervision but is not a kindergarten (kindergartens are registered under the Education Bureau).

A playgroup that operates for fewer than four hours per day and does not provide child care services as defined may fall outside Cap. 243. The SWD makes the final determination. Operators unsure whether their activity requires a licence should seek legal advice or contact the SWD directly.

Hong Kong Childcare Centre Registration

Every childcare centre must be registered with the SWD before it begins operation. Apply to the Director of Social Welfare using the prescribed form. The SWD will inspect the premises, review the proposed staffing and programme, and issue a certificate of registration if all conditions are met.

Registration is not transferable. A change of operator, location or the nature of services requires a new application. The centre supervisor must be named on the certificate and must meet the qualification requirements set out in the ordinance.

Hong Kong Day Care Licence Requirements

A day care centre licence is issued under Cap. 243 and is subject to conditions. The licence fee is set by the SWD and is payable annually. Display the licence in a conspicuous place.

• Building compliance - the premises must comply with the Buildings Ordinance (Cap. 123) and be approved for use as a childcare centre. A fire services certificate from the Fire Services Department is required.
• Safety inspection - the SWD conducts an annual inspection of the premises to check fire safety, structural safety, hygiene and sanitation.
• Staff ratio - the ordinance prescribes minimum staff-to-child ratios. For children under two years, the ratio is one registered childcare worker to eight children. For children aged two to under six, the ratio is one worker to 14 children.
• Health requirements - children must have up-to-date immunisation records as required by the Department of Health. Staff must undergo a medical examination before employment and periodically thereafter.

Hong Kong Nursery School Licence

A nursery school is a type of childcare centre that provides care and supervision for children under six but does not offer formal kindergarten education. Nursery schools are regulated under Cap. 243, not the Education Ordinance. The licence requirements are the same as for a day care centre: building compliance, fire services certificate and staff qualifications.

The centre supervisor of a nursery school must hold a recognised qualification in early childhood education or social work. The SWD maintains a list of approved qualifications.

Hong Kong Social Welfare Department Childcare

The SWD processes registration applications, conducts annual inspections, investigates complaints, issues enforcement notices for non-compliance, and maintains a register of licensed childcare centres.

The SWD also publishes guidelines on the operation of childcare centres, including standards for premises, equipment, staffing and record-keeping. Consult the SWD's "Guide to the Operation of Child Care Centres" for detailed requirements.

Staff Qualifications and Registered Childcare Worker

Every childcare centre must employ staff who are registered with the SWD as registered childcare workers. Registration requires completion of a recognised training programme in child care, a clean criminal record check, and a medical certificate confirming fitness to work with children.

The centre supervisor must have at least two years of post-qualification experience in child care services and hold a qualification at degree level or equivalent.

Premises and Safety Standards

The SWD will not issue a licence until the premises pass a safety inspection. The premises must meet these standards:

• Floor area - minimum usable floor area per child, as specified in the ordinance
• Fire safety - fire services certificate from the Fire Services Department
• Building compliance - certificate of compliance from the Buildings Department
• Sanitation - adequate toilet, washing and nappy-changing facilities
• Outdoor space - if provided, must be safe and secure

Health and Immunisation Records

Children attending a childcare centre must have immunisation records that comply with the Department of Health's recommended schedule. Keep copies of these records. Do not admit children without up-to-date immunisation unless exempted on medical grounds.

Staff must also meet health requirements. A medical certificate is required at the time of employment and every two years thereafter.

Annual Inspection and Renewal

The SWD conducts an annual inspection of every licensed childcare centre. The inspection covers staff qualifications and ratios, child health and immunisation records, premises safety and hygiene, programme and activities, and record-keeping.

If the centre fails the inspection, the SWD may impose conditions, suspend the licence or revoke it. Renew the licence annually by paying the prescribed fee and submitting a renewal application.

Enforcement and Penalties

Operating a childcare centre without a licence is an offence under Cap. 243. The maximum penalty on conviction is a fine of HK$50,000 and imprisonment for three months. The SWD can also issue a closure order.

Related Licences

If the childcare centre also provides food to children, it may need a food factory licence from the Food and Environmental Hygiene Department. If it operates as a kindergarten, it must be registered with the Education Bureau under the Education Ordinance. A playgroup that is not a childcare centre may still need a business registration certificate from the Inland Revenue Department.

For a full list of regulated activities in Hong Kong, see the licence lookup page.