EDUCATION ORDINANCE, 1913

EDUCATION ORDINANCE, 1913

No. 24 of 1913, repealed by No. 5 of 1924.

No. 25 of 1913,, incoTporateti in No. 10 of 1899.

No. 26 of 1913.

An Ordinance to provide for the registration and supervision
of certain schools.
[8th August, 1913.]

PART I

PREMMINARY.

1. This Ordinance may, be cited as the Education Ordinance,
1913.

2. In this Ordinance,

(a) 'Director' means the Director of Education appointed
under the provisions of section 4;

(b) 'Exempted school' means a school which has obtained
a certificate of exemption from supervision under the provisions
of Part III.

(c) 'Government school' means a school entirely main-
tained and controlled by the Government;

(d) 'Inspector' means an inspector appointed under the
provisions of section 4;

(e) 'Manager' ineans any person taking part in the
management or teaching of a school. The master of a school,
or if there be more than one master of such school then the head
master, or if there be no head master then the master who is in
the opinion of the Director the master in charge of such school,
shall in the absence of proof to the contrary be deemed to be
the manager;

'Military school' means a school entirely maintained
and controlled by the military authorities;

As amended by Law Rev. Ord., 1939.





(g) 'Register' means the register of schools kept under the
provisions of section 15;

(h) 'Registered school' means a school registered in
accordance with the provisions of this Ordinance;

(i) 'Regulations' means regulations made under the
provisions of section 10;

(i) 'School' means a place where ten or more persons are
being or are habitually taught whether in one or more classes;

(k) 'Sub-inspector' means a sub-inspector appointed under
the provisions of section 4;

3. The provisions of this Ordinance shall not apply to-

(a) Government schools;

(b) military schools;

(c) such other schools as the Governor in Council may at
any time by notification published in the Gazette direct.

4. The Governor may appoint such persons as he may think
fit, with such salaries as he may determine, to be Director of
Education., inspectors and sub-inspectors of schools for the
purposes of this Ordinance.

5. Subject to the exceptions contained in section 3, every
school in the Colony shall be registered under the provisions of
this Ordinance and any school not so registered shall be deemed
to, be an unlawful school.

6.-(1) Every person who is the manager of an unlawful
school shall be guilty of an offence against the provisions of this
Ordinance and may be prosecuted before any magistrate upon
the complaint of the Director, and shall upon summary
conviction be liable to a fine not exceeding five hundred dollars
and to a further fine of twenty dollars in respect of each day
during which such unlawful school remains open after the
date of such conviction.

(2) Any magistrate upon the complaint of the Director shall
order that any unlawful school shall be closed and it shall be

As amended by Law Rev. Ord., 1939.





lawful for such magistrate to give effect to such order in such
manner as he may deem fit.

PART II

REGISTRATION OF SCHOOLS.

7. It shall not be lawful for any person to open, start,
manage, teach in or maintain any school in the Colony unless
and until such person has applied for and obtained a certificate
of registration of such school in manner hereinafter provided.

8.-(1) Any person desiring to open, start or maintain a
school in the Colony shall make application for permission so
to do in Form No. 1 in the Schedule giving the particulars
prescribed in that form.

(2) If the Director is of opinion that any school in respect
of which an application is made under the provisions of
sub-section (1) should be registered, he shall register the same
and shall issue to the manager of such school a certificate of
registration in Form No. 2 in the Schedule.

(3) If the Director is of opinion that any school in respect
of which an application for registration is made under the
provisions of this section should not be registered, he shall give
to the manager of such school a notice in writing specifying his
objections to the registration of the school and calling upon
him to meet such objections either by amending his application
or otherwise and informing him of his right to appeal to the
Governor in Council.

(4) If the manager does not after receipt of such notice meet
such objections to the satisfaction of the Director or if, on appeal
to the Governor in Council, the decision of the Director is
upheld, such school if opened, started or maintained shall be
deemed to be an unlawful school within the meaning of this
Ordinance.

As amended by Law Rev, Ord., 1939.





PART III

EXEMPTION OF SCHOOL FROM SUPERVISION.

9.-(1) It shall be lawful for the manager of any registered
school to apply to the Director for exemption from supervision
of such school.

(2) If the Director is of opinion that any school in respect
of which an application for exemption from supervision has
been made under the provisions of this section should be so
exempted, he shall, in his discretion exempt the same and shall
issue to the manager a certificate of exemption from supervision
in Form No. 2 in the Schedule, and such school shall thereupon
become subject only to the provisions of sections 10, (a), (b) and
(e), 11 (2), iS, 16 and 17.

(3) It shall be lawful for the Director at any time and at his
discretion by notice in writing to withdraw his certificate of
exemption from supervision referred to in this section ; and
thereupon such school shall cease to be an exempted school.

PART IV.

CONTROL AND SUPERVISION OF SCHOOLS.

10.. It, shall be lawful for the Governor in Council to make
regulations in respect of the following matters-

(a) the hygienic character and the proper sanitation of
schools or school buildings;

(b) the methods of enforcement of discipline in schools;

(c) the prohibition in registered schools of the use of any
book the use of which appears undesirable;

(d) the proper keeping of school registers and books of
account at registered schools; and

(c) any other matter regarding the proper conduct and
efficiency of schools.

As amended by Law.Rev., Ord., 1939.,





11-(1) It shall be the duty of the Director of inspect
personally or to cause to be inspected by an inspector or
sub-inspector at least once a year every registered school, for the
purpose of ascertaining if all the regulations made under the
provisions of section 10 are being complied with and if such
school is being properly and efficiently carried on and if such
school is necessary for educational purposes.

(2) It shall be the duty of the Director to ins pect personally
at least once a year every exempted school, for the purpose of
ascertaining whether the regulations made under the provisions
of section 10 (a), (b) and (e) are being complied with and
whether, having regard to the general nature and conduct of
the school, it is such that it may properly continue to be exempt
from supervision.

12. For the purpose of carrying out the provisions of section
11, it shall be lawful for the Director or any inspector or
sub-inspector to visit and enter any school at any time
during school hours.

13. If as a result of any inspection made under the
provisions of section 11 the Director is satisfied that any of the
regulations is not being or has not been complied with in respect
of a school or that a school is not being properly or efficiently
carried on, he may by notice in writing to the manager of the
school call upon him to comply with the regulation or cause
it, to be complied with or to carry on the school in a proper and
efficient manner before the expiration of such period, not being
less than one month, as the Director in such notice may
determine; and if at the expiration of that period the manager
has failed to comply with any requisition made in the notice,
it shall be lawful for the Director to strike the school off the
register and the school shall forthwith be deemed to be an
unlawful school within the meaning of this Ordinance.

14. If as a result of any inspection made under the provisions
of section 11 the Director is satisfied that any school is not
necessary for educational purposes, he shall in writing notify
such fact to the manager of the school, and at the expiration of
a period of three months or of such further period as the
Director may allow from the date of such notification he shall

As amended by Law Rev. Ord., 1939.





strike the school off the register and in the event of the school
continuing in existence after being struck off the register it shall
be deemed to be an unlawful school within the meaning of this
Ordinance.

PART V.

GENERAL.

15. The Director shall keep a register of schools in which
shall be entered the name, and the name of the manager, of every
registered and exempted school and such particulars in connexion
therewith as may from time to time be required for the purposes
of carrying out the provisions of this Ordinance.

16. If any person against whorn any decision of the
Director has been made is dissatisfied with such decision, he may
appeal from such decision to the Governor in Council whose
decision upon such matter shall be final and conclusive: Provided
that any such appeal shall be notified in writing to the Clerk of
Councils within one month from the date of the communication
of the decision of the Director.

17. Every notice given by the Director under the provisions
of section 13 or 14 shall contain a note to the effect that the
manager of the school has a right to appeal to the Governor in
Council from any decision of the Director within one month from
the receipt of the notice.

18. The grounds of every appeal shall be concisely stated
in writing and delivered to the Clerk of Councils who shall give
the appellant seven days' notice of the hearing of the appeal,
and shall at the same time furnish the appellant with a copy of
any evidence or documents submitted by the Director for the
consideration of the Governor in Council. The appellant may,
if he so desires, be present at the hearing of such appeal and
be heard in support thereof.

19. If it appears to the Governor in Council that any
school is being conducted in such a manner as to be prejudicial
to the interests of the Colony or of the public or of the pupils
of such school, it shall be lawful for the Governor in Council

* As amended by Law Rev. Ord., 1939.





to declare such school to be an unlawful school within the
meaning of this Ordinance :

Provided that, before making such declaration, the Governor
in Council shall cause notice to be given to the manager of the
intention to make such declaration and of the grounds on which
it is intended to be made, and calling upon the manager of such
school to show cause why such declaration should not be made,
and such manager shall have a right of audience before the
Council prior to the making of the declaration.

20. A person who acts in contravention of or fails to comply
with any of the provisions of this Ordinance or of any regulation
shall be deemed to be guilty of an offence against this Ordinance
ind where no other penalty is provided shall on summary
conviction be liable in respect of each offence to a fine not
exceeding two hundred and fifty dollars and in the case of a
continuing offence to a further fine not exceeding ten dollars
for every day, subsequent to the day on which he is convicted
of the offence, during which the contravention or default
continues.

SCHEDULE.

FORM No. 1. [s. 8 (1)]

Hong Kong, 19
To the Director of Education,
Education Department.
Sir,
I have the honour to submit porticulars as under of a sebool which
I propose to open and manage at
and to request that you will be so good as to issue a certificate of
registration of the same, under the Education Ordinance, 1913.

I am, Sir,
Your obedient servant,

Manager,

As amended by Law Rev. Ord., 1939.





1. Name and address of school.
2. Whether for boys, girls or both.
3. The dimensions of each class room.
4. The syllabus of each class or standard.
5. The weekly time-table of each class or standard.
6. The times of roll call.
7. The regular holidays.
8. The name, age, qualifications, experience and salary of each
teacher.
9. The fees and any remissions or reductions thereof.
10. Any other sources of revenue.
11. The rent of the school premises.
12. Any debt or charge on the *school.

FORM No. 2. [ss. 8 (2), 9 (2).]

Certificate of registration.

THIS IS TO CERTIFY that the (1) ..............................................
..............................school at (2) ..........................
................................ of which the
manager is (1) ............................................................................
of (4) ........................................................................................
has been registered as a school under the Education Ordinance, 1913.

Dated this .................day of 19

Director of Education.

No. 27 of 1913, incorporated in No. 9 of 1899.

No. 28 of 1913, incorporated in No. 3 of 1890,
repealed by No. 41 of 1932.

No. 29 of 1913, disallowed.

No. 30 of 1913, repealed by No. 5 Of 1924.

As amended by Law Rev. Ord., 1939.
[Originally No. 26 of 1913. Law Rev. Ord., 1939.] Short title. Interpretation. Schools to which the Ordinance does not apply. Appointment of Director of Education, inspectors and subinspectors of schools. All schools to be registered. Penalty for maintenance of unlawful school. Closing of unlawful school. Schools to be registered before opening. Procedure when applying to open a school. Schedule. Form No. 1. Registration : when granted; Schedule Form No. 2. And when refused. Appeal to Governor in Council. Exemption from supervisions : when granted; and its effect. Schedule Form No. 2. Cancellation of exemption. Regulations. Inspection of registered schools. Inspection of exempted schools. Rights of entry of inspecting officers. Effect of inspection. Further effect of inspection. Register of schools. Appeal from decision of Director. Notification of right of appeal to Governor in Council. Appeal to Governor in Council. Power of Governor in Council to close school. Penalties. (1) Name of school. (2) Address of school. (3) Name of manager. (4) Address of manager.

[Originally No. 26 of 1913. Law Rev. Ord., 1939.] Short title. Interpretation. Schools to which the Ordinance does not apply. Appointment of Director of Education, inspectors and subinspectors of schools. All schools to be registered. Penalty for maintenance of unlawful school. Closing of unlawful school. Schools to be registered before opening. Procedure when applying to open a school. Schedule. Form No. 1. Registration : when granted; Schedule Form No. 2. And when refused. Appeal to Governor in Council. Exemption from supervisions : when granted; and its effect. Schedule Form No. 2. Cancellation of exemption. Regulations. Inspection of registered schools. Inspection of exempted schools. Rights of entry of inspecting officers. Effect of inspection. Further effect of inspection. Register of schools. Appeal from decision of Director. Notification of right of appeal to Governor in Council. Appeal to Governor in Council. Power of Governor in Council to close school. Penalties. (1) Name of school. (2) Address of school. (3) Name of manager. (4) Address of manager.

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