HONG KONG EXAMINATIONS AUTHORITY ORDINANCE

HONG KONG EXAMINATIONS AUTHORITY ORDINANCE

LAWS OF HONG KONG

HONG KONG EXAMINATIONS AUTHORITY

ORDINANCE

CHAPTER 261





CHAPTER 261

HONG KONG EXAMINATIONS AUTHORITY
ORDINANCE

ARRANGEMENT OF SECTIONS

Section Page
1. Short title ... ... ... ... ... ... ... ... ... ... ... ... ... ... 2
2. Interpretation ... ... ... ... ... ... ... ... ... ... ... ... ... ... 2
3. Establishment of Authority ... ... ... ... ... ... ... ... ... ... ... ... 2
4. Transaction of business by circulation of papers ... ... ... ... ... ... ... 4
5. Incorporation ... ... ... ... ... ... ... ... ... ... ... ... ... ... 4
6. [Repealed] ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... 4
7. Powers and duties of the Authority ... ... ... ... ... ... ... ... ... ... 4
8. Amendment of Schedule ... ... ... ... ... ... ... ... ... ... ... ... 6
8A. Publication of examination results ... ... ... ... ... ... ... ... ... ... 6
9. Resources of the Authority ... ... ... ... ... ... ... ... ... ... ... ... 6
10. Programme and estimates ... ... ... ... ... ... ... ... ... ... ... ... 6
11. Accounts and statements ... ... ... ... ... ... ... ... ... ... ... ... 7
12. Administration fee ... ... ... ... ... ... ... ... ... ... ... ... ... 7
12A. Investment of surplus moneys ... ... ... ... ... ... ... ... ... ... ... 7
13. Power of the Governor to give directions ... ... ... ... ... ... ... ... ... 8
14. Authority not servant or agent of the Crown ... ... ... ... ... ... ... ... 8
15. Secrecy ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... 8
16. Impersonation of members or employees of Authority ... ... ... ... ... ... 9

Schedule. Examinations ... ... ... ... ... ... ... ... ... ... ... ... ... ... 9





CHAPTER 261

HONG KONG EXAMINATIONS AUTHORITY

To provide for the establishment of the Hong Kong Examinations
Authority and connected matters.

[1 August 1977.]

1. This Ordinance may be cited as the Hong Kong Examinations
Authority Ordinance.

2. In this Ordinance, unless the context otherwise requires

'Authority' means The Hong Kong Examinations Authority
established under section 3;

'specified examinations' means the examinations specified in the
Schedule.

3. (1) The Hong Kong Examinations Authority is hereby
established.

(2) The Authority shall consist of

(a) the following who shall be ex officio members

(i) the Vice-Chancellor of each university established in
Hong Kong by enactment, or his representative; (Replaced,
14 of 1987, s. 2)

(ii) the Director of each polytechnic established in Hong
Kong by enactment, or his representative; (Replaced, 14 of
1987, s. 2)

(iii) the President of the Hong Kong Baptist College, or his
representative; (Replaced, 14 of 1987, s. 2)

(iv) the Director of Education, or his representative;

(v) the Secretary of the Authority appointed under section
7(2)(e) who shall be chief executive of the Authority;
(Amended, 14 of 1987, s. 2)

(b) the following who shall be appointed by the Governor

(i) 2 public officers; (Amended, 14 of 1987, s. 2)

(ii) 1 person nominated by the Senate of the University of
Hong Kong;

(iii) 1 person nominated by the Senate of The Chinese
University of Hong Kong;

(iv) [Deleted, 14 of 1987, s. 2]

(v) 1 person experienced in training teachers in Hong
Kong;

(vi) 1 person who is President of a College registered under
the Post-Secondary Colleges Ordinance;

(vii) 5 persons who are principals of registered schools
providing secondary education within the meaning of the







Education Ordinance;(Amended, 14 of 1987, s. 2)





(viii) 3 persons who are registered teachers in registered
schools providing secondary education within the meaning
of the Education Ordinance; and
(ix) 3 persons experienced in commerce, industry or a
profession in Hong Kong; (Amended, 14 of 1987, s. 2)

(c)such other persons, not exceeding 3, as the Governor may
appoint.

(3) The appointment of a member of the Authority under
subsection (2)(b) or (c) shall be for a term not exceeding 3 years.

(4) On the expiration of his period of appointment or re-
appointment, as the case may be, any member of the Authority
appointed under subsection (2)(b) or (c) shall be eligible for re-
appointment.

(5)(a) The Governor shall appoint 1 member to be Chair-
man and 1 member to be Deputy Chairman of the Author-
ity, each for a term not exceeding 3 years.

(b)On the expiration of his period of appointment or re-
appointment, as the case may be, any member of the
Authority appointed to be Chairman or Deputy Chairman
under paragraph (a) shall be eligible for reappointment.
(Amended, 14 of 1987, s. 2)

(5A) The function of the Deputy Chairman shall be to act in
place of the Chairman whenever the Chairman is absent from Hong
Kong or is for any other reason unable to exercise the powers or
perform the duties of his office as Chairman or whenever there is a
vacancy in the office of Chairman. (Added, 14 of 1987, s. 2)

(6) A member of the Authority appointed under subsection
(2)(b) or (c) may at any time resign his office by notice in writing
addressed to the Governor.

(7) If any member of the Authority appointed under subsec-
tion (2)(b) or (c) is absent from Hong Kong or is for any other
reason unable to exercise the powers or perform the duties of his
office as member, the Governor may appoint another person to be a
temporary member in his place during his absence or incapacity.

(8) If a member has a pecuniary interest, whether direct or
indirect, in any contract or proposed contract or in any other
matter, and is present at a meeting of the Authority at which the
contract or other matter is the subject of consideration, he shall, as
soon as practicable after the commencement of the meeting, disclose
to the Authority the fact and nature of his interest.

(9) Such member shall, if so required by the meeting, with-
draw from the meeting while the Authority is considering the
contract or matter and in any case shall not vote thereon.

(10) A quorum shall be 9 members.

(11) Subject to this Ordinance the Authority shall have power
to regulate its own procedure.





(12) The Chairman of the Authority or in his absence the
Deputy Chairman, shall preside at meetings of the Authority, and,
in the absence of both the Chairman and the Deputy Chairman,
such member shall preside as the members present select. (Re-
placed, 14 of 1987, s. 2)

4. The Authority may transact any of its business by the
circulation of papers, and a resolution in writing which is approved
in writing by a majority of the members shall be a's valid and
effectual as if it had been passed at a meeting of the Authority by the
votes of the members so approving the resolution.

5. The Hong Kong Examinations Authority shall be a body
corporate with perpetual succession and a common seal and shall be
capable of holding and disposing of all kinds of property, of suing
and being sued and, subject to this Ordinance, of doing and suffering
all such other acts and things as bodies corporate may lawfully do
and suffer.

6. [Repealed, 14 of 1987, s. 31

7. (1) Subject to section 13, the Authority shall have powers
to do all such things as are necessary or advantageous and proper in
planning and conducting examinations in Hong Kong and shall-

(a) conduct the specified examinations;

(b)determine the educational requirements necessary for can-
didates to be eligible to sit specified examinations;

(c)make rules to regulate the conduct of candidates sitting
specified examinations and the exclusion of candidates
from sitting specified examinations for breach of any such
rule;

(d) approve syllabuses for specified examinations;

(e)award certificates to candidates who attain a standard
determined by the Authority in specified examinations.

(2) Without restricting subsection (1), the Authority may for
the purposes referred to therein-

(a) appoint such committees as it thinks fit;

(b)subject to approval by the Governor under section 10, fix
fees to be paid by candidates sitting the specified examina-
tions; (Amended, 14 of 1987, s. 4)

(c)conduct any examination or category of examinations,
other than specified examinations, as the Governor may
approve and make rules to regulate the conduct of candi-
dates sitting those examinations and the exclusion of
candidates for breach of any such rule; (Replaced, 14 of
1987,s.4)





(d)fix the fees to be paid by candidates sitting examinations
conducted under paragraph (c); (Amended, 14 of 1987,
s.4)

(e)appoint, on such terms and conditions of service as it
thinks fit, the Secretary of the Authority and such staff,
advisers and consultants as the Authority considers neces-
sary; (Amended, 14 of 1987, s. 4)

(f)enter into arrangements with persons, firms or agencies for
the supply of services or facilities;

(g)enter into arrangements with any educational institution
for the use of such institution's accommodation, per-
sonnel, facilities and services for the purpose of conducting
examinations under this Ordinance; (Replaced, 14 of
1987,s.4)

(h)make use of personnel, facilities and services of any depart-
ment of the Government to any extent which, in the
opinion of the Chief Secretary, will not impair the proper
and efficient discharge by such department of its functions;

(i)hold, acquire or lease all kinds of property, whether
movable or immovable;

(j)sell or otherwise dispose of all kinds of property whether
movable or immovable;

(k)enter into, assign or accept the assignment of, and vary or
rescind any contract or obligation;

(1)subject to subsection (3), meet expenditure on any item
shown in the approved estimates of expenditure of the
Authority, borrow or otherwise raise money on such
security as may be necessary, and for that purpose, charge
all or any of the property of the Authority;

(m)make charges for the use of any facility or service provided
by the Authority;

(n) delegate-
(i) to any member of the Authority;
(ii) to any committee of the Authority;
(iii) to any member of the staff of the Authority,

to the extent provided in the resolution of delegation, any'
of the powers conferred by this subsection, other than
paragraph (b). (Amended, 14 of 1987, s. 4)

(3) Except with the prior approval of the Financial Secretary,
no sum shall be borrowed or otherwise raised under subsection (2)(/)
which itself, or together with all other sums previously borrowed or
otherwise raised under that subsection and still outstanding, ex-
ceeds, or in the aggregate exceeds, 10 per cent of the approved total
estimated expenditure for the current financial year.





8. The Governor in Council may, by order published in the Gazette,
amend the Schedule.

(Replaced, 14 of 1987, s. 5)

8A. The Authority may publish or disclose the results of any
examination conducted by it, in such manner as it thinks fit.

(Added, 14 of 1987, s. 6)

9. The resources of the Authority shall consist of-

(a) the fees paid by candidates sitting the specified examina-
tions or examinations conducted under section 7(2)(c);

(b)such sums as the Authority may borrow under section 7(2)(1);

(c)such subsidies as may be made available from time to time by
the Government to assist towards the cost of conducting the
specified examinations;

(d)payments received under section 7(2)(m) for services rendered
by the Authority;

(e)such other sums and property as may be received by the
Authority in the exercise of its powers and duties. (Added, 14
of 1987, s. 7)

10. (1) The Authority may, from time to time, with the prior approval
of the Governor, fix a period to be the financial year of the Authority.

(2) In each such financial year, before a date to be appointed by the
Governor, the Authority shall submit to the Governor a programme of its
proposed activities and estimates of income and expenditure of the
Authority for the next financial year. (Amended, 14 of 1987, s. 8)

(3) The estimates of income submitted under subsection (2) shall
include details of the fees which the Authority proposes to charge
candidates sitting the specified examinations and a statement of any
proposed increase in such fees. (Amended, 14 of 1987, s. 8)

(4) The Governor shall consider the programme, estimates and
proposed fees submitted to him under subsection (2) and may approve
or reject them, and, in the case of rejection, may require the Authority to
resubmit the programme or estimates or proposed fees, or all or any of
them modified in such manner and within such time as the Governor may
direct.

(5) The Authority may from time to time vary the estimates of
income and expenditure approved under subsection (4), excluding the
fees payable in respect of the specified examinations, and shall, as soon
as practicable, deliver to the Governor details of any

variation.(Amended, 14 of 1987, s. 8)





(6) The Authority shall cause to be published in the Gazette
any fees payable in respect of the specified examinations approved
under subsection (4) within 28 days of the date upon which it
receives notice of such approval.

(7) [Deleted, 14 of 1987, s. 8]

11. (1) The Authority shall keep such accounts of its transac-
tions as the Director of Accounting Services may require and shall
prepare, for each financial year of the Authority, a statement of the
accounts of the Authority, which statement shall include an income
and expenditure account and balance sheet and shall be signed by
the Chairman of the Authority. (Replaced, 14 of 1987, s. 9)

(2) The signed statement of the accounts of the Authority shall
be submitted by the Chairman to an auditor appointed by the
Authority with the prior approval of the Governor not later than 6
months following the end of the period to which it relates or by such
later date as the Governor may allow.

(3) The accounts of the Authority and the signed statement of
the accounts shall be audited by the appointed auditor, who shall
certify such statement subject to such report, if any, as he may think
fit.

(4) A copy of the signed and audited statement of accounts
together with the. report, if any, of the appointed auditor and a
report by the Authority on its activities during the period covered by
the audited accounts, shall be submitted to the Governor and laid on
the table of the Legislative Council within 3 months of the receipt by
the Authority of the signed and audited statement of accounts from
the appointed auditor.

12. The Financial Secretary may direct that an annual fee,
determined by him, to cover the costs of any service provided by the
Government shall be charged against the income of the Authority
and paid into the general revenue of Hong Kong.
(Amended, 14 of 1987, s. 10)

12A. All moneys of the Authority which are not immediately
required may be-

(a)deposited in Hong Kong currency on fixed term or call
deposit or in a savings account, in any bank or deposit-
taking company licensed under the Banking Ordinance;

(b)invested in Hong Kong dollar certificates of deposit issued
by any bank or deposit-taking company licensed under the
Banking Ordinance; or

(c)invested in bonds or other securities issued or guaranteed
by the Government.
(Added, 14 of 1987, s. 11)





13. (1) The Governor may give the Authority directions of a
general character as to the discharge by the Authority of its
functions in relation to matters appearing to the Governor to affect
the public interest.

(2) The Authority shall, in the exercise or performance of any
power or duty under this Ordinance, comply with any directions
given by the Governor under subsection (1).

14. The Authority is not the servant or agent of the Crown and
does not enjoy any status, immunity or privilege of the Crown.

15. (1) Except as may be appropriate for the exercise or
performance of any duty or function under this Ordinance or for
carrying into effect the provisions of this Ordinance, every person
who has been appointed under or who is or has been employed in
carrying out or assisting any person to carry out the provisions of
this Ordinance-

(a)shall preserve and aid in preserving secrecy with regard to
all matters coming to his knowledge in the exercise or
performance of any duty or function under this Ordinance;

(b) shall not communicate any such matter to any person; and

(c)shall not suffer or permit any person to have access to any
records in the possession, custody or control of any person
to whom this subsection applies.

(2) Subsection (1) does not apply-

(a)to the disclosure of any information authorized to be
disclosed or furnished by the Authority; or

(b)to the disclosure of information for the purpose of any
legal proceedings brought under this Ordinance, or for the
purpose of any report of any such proceedings; or

(c)to the disclosure of information for the purpose of any
investigation by an officer of the Independent Commission
Against Corruption or member of the Royal Hong Kong
Police Force of any offence or suspected ofrence under this
or any other Ordinance or law of Hong Kong.

(3) Any person who-

(a) contravenes subsection (1); or

(b)aids, abets, counsels or procures any person to contravene
subsection (1),

commits an offence and is liable on conviction to a fine of $10,000
and to imprisonment for 6 months.





16. Any person who, by any act or omission and whether or not
with intent to procure any advantage or reward, falsely pretends that he
is an employee, servant, agent or member of the Authority or aids,
abets, counsels or procures any person to so pretend, commits an
offence and is liable on conviction to a fine of $10,000 and to
imprisonment for 6 months.

SCHEDULE [ss. 2 & 8.]

Examinations

The examination known at the commencement of this Ordinance as The Hong
Kong Certificate of Education Examination.

The examination known at the commencement of the Hong Kong Examinations
Authority (Amendment) Ordinance 1987 as The Hong Kong Higher Level
Examination.

The examination known at the commencement of the Hong Kong Examinations
Authority (Amendment) Ordinance 1987 as The Hong Kong Advanced Level
Examination.

(Replaced, 14 of 1987, s. 12)
Originally 23 of 1977. 14 of 1987. L.N. 190/77. Short title. Interpretation. Schedule. Establishment of Authority. (Cap. 320.) (Cap. 279.) Transaction of business by circulation of papers. Incorporation. Powers and duties of the Authority. Amendment of Schedule. Publication of examination results. Resources of the Authority. Programme and estimates. Accounts and statements. Administration fee. Investment of surplus moneys. (Cap. 155.) Power of the Governor to give directions. Authority not servant or agent of the Crown. Secrecy. Impersonation of members or employees of Authority.

Originally 23 of 1977. 14 of 1987. L.N. 190/77. Short title. Interpretation. Schedule. Establishment of Authority. (Cap. 320.) (Cap. 279.) Transaction of business by circulation of papers. Incorporation. Powers and duties of the Authority. Amendment of Schedule. Publication of examination results. Resources of the Authority. Programme and estimates. Accounts and statements. Administration fee. Investment of surplus moneys. (Cap. 155.) Power of the Governor to give directions. Authority not servant or agent of the Crown. Secrecy. Impersonation of members or employees of Authority.

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