EDUCATION ORDINANCE, 1913

EDUCATION ORDINANCE, 1913

No. 26 of 1913.
An Ordinance to provide for the registration and superrision
of certain schools.
[8th August, 1913.]

PART I.

PRELIMINARY.

1. This Ordinance may be cited as the Education Ordi-
nance, 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 provi-
sions 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 means 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

As amendod by Law Rev. Ord., 1924.





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.
(f) Military school means a school entirely maintained
and controlled by the military authorities.
(g) Register means the register of schools kept under
the provisions of section 18.
(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 12.

(j) 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 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
sebools, for the purposes of this Ordinance.

5. Subject to the exceptions contained in section 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

As amended by Law Rev. Ord., 1924.





dollars and to a further fine of twenty dollars in respect of
each day during which such unlawful school shall remain
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 lawful for such magistrate to give effect to such
order in such manner as he may deem fit.

PART II.
REGISTRATION OF SCHOOLS.
[ss. 7 and 8, rep. Law Revision Ordinance, 1924.]

9. 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 shall have applied for and.
obtained a certificate of registration of such school in manner
hereinafter provided.

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

(2) If the Director is of the 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 the 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 shall not after receipt of such notice
meet such objections to the satisfaction of the Director or
if, on appeal to the Governor in Conneil, the decision of the
Director shall be 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., 1924.





PART III.

EXEMPTION OF SCHOOL, FROM SUPERVISION

11.-(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 12 (a), (b) and (e), 14 (2), 18, 19 and 20.

(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.

12. 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

(e) any other matter regarding the proper conduct and
efficiency of schools.
[s. 13, rep. Law Revision Ordinance, 1924.]

As awended by Law Rev. Ord., 1924.





14.-(1) It shall be the duty of the Director to inspect
personally or to cause to be inspected by an inspector or
sub-inspector at least once in every year every registered
school for the purpose of ascertaining if all the regulations
made under the provisions of section 12 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 inspect per-
sonally at least once a year every exempted school for the
purpose of ascertaining whether the regulations made under
the provisions of section 1-2 (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.

15. For the purpose of carrying ont the provisions of
section 14, it shall be lawful for the Director or any inspector
or sub-inspector to visit and enter upon any school at any
time during school hours.

16. If as a result of any inspection made under the
provisions of section 14 it shall be made to appear to the
Director to his satisfaction that any of the regulations made
under the provisions of section 12 is not being or has not
been complied with or that such school is not being properly
or efficiently carried on, he may by notice in writing to the
manager of such school call upon such manager to comply
with or cause to be complied with any such regulation
which is not being complied with at such school or to carry
on such school in a proper and efficient manner before the
expiration of such period not being less than one month as
may by the Director be determined in such notice, and if at
the expiration of such period so determined in such notice
such manager has failed to comply with any requisition
made in such notice it shall be lawful for the Director to
strike such school off the register and such school shall
forthwith be deemed to be an unlawful school within the
meaning of this Ordinance.

17. If as a result of any inspection made under the
provisions of section 14 it shall be made to appear to the
Director to his satisfaction that any such school is not
necessary for educational purposes, he shall in writing notify,
As amended by Law Rev. Ord, 1924.





such fact to the manager of such school, and at the expira-
tion of a period of three months or of such further period
as the Director may allow from the date of such notification
he shall strike such school off the register, and in the event
of such school continuing in existence after such date it shall
be deemed to be an unlawful school within the meaning of
this Ordinance. .

PART V.

GENERAL.

18. 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.

19. If any person against whom 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 con-
clusive: 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 tbe decision of the Director.

20. Every notice given by the Director under the provi-
sions of sections 16 or 17 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.

21. 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.

As amended by Law Rev. Ord., 1924.





22. If it shall appear to the Governor in Council that any
school is being conducted in such a manner as to be prej-
udicial 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 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.

[s. 23, rep. Law Revision Ordinance, 1924.]

SCHEDULE.

FORM No. 1. [s. 10 (1).]

Hongkong........19 .

To the Director of Education,

Education Department.

SIR,

I have the honour to submit particulars as under of a school which I
propose to open and manage at .........................................................
and to request that yon will be so good as to issue a certificate of registra-
tion of the same, under the Education Ordinance, 1913.

I am, Sir,

Your obedient servant,

Manager.

* As amended by Law Rev. Ord., 1924.





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 ench class or standard.

6. The times of roll call.

7. The regular holidays.

8. The name, age, qualifications, experienceand salary of each teacher.

9. The fees and any remissions or reductioms therefrom.

10. Any other sourees of revenue.

11. The rent of the sehool premises.

12. Any debt or charge on the sehool.

Form No, 2. [ss. 10 (2) and 11 (2).]

This is to certify that ...................................................... school has
been registered as a school (or an exempted school) under the Education
Ordinance, 1913.

Director of Education.

EDUCATION DEPARTMENT,

............... 19 .

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

No. 28 of 1918, incorporated in No. 3 of 1890.

No. 29 of 1913, disallowed.

No. 30 of 1913, repealed by Law Revision Ordinance, 1924.

As amended by Lasy Rev. Ord., 1924.
Short title. Interpretation. Schools to which the Ordinance does not apply. Appointment of Director of Education, inspectors, inspectors, and sub-inspectors 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 supervision. When granted and its effect. Schedule Form No. 2. Cancellation of exemption. Regulations. Inspection of registered schools. Inspection of exempted school. Right 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.

Short title. Interpretation. Schools to which the Ordinance does not apply. Appointment of Director of Education, inspectors, inspectors, and sub-inspectors 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 supervision. When granted and its effect. Schedule Form No. 2. Cancellation of exemption. Regulations. Inspection of registered schools. Inspection of exempted school. Right 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.

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