EDUCATION ORDINANCE
Title
EDUCATION ORDINANCE
Description
LAWS OF HONG KONG
EDUCATION ORDINANCE
CHAPTER 279
CHAPTER 279
EDUCATION ORDINANCE
ARRANGEMENT OF SECTIONS
Section
PART I
PRELIMINARY
Page
1..........Short title .......... .......... ... ... ... ... ... ... ... ... 5
2..........Application ................. ... ... ... ... ... ... ... ... ... ... 5
3............Interpretation .... .............. ... ... ... ... ... ... ... ... 6
4.........................Director to promote education in Hong Kong ... ... ... ... ... ... ... 8
5...................Delegation of Director's powers ... ... ... ... ... ... ... ... ... ... 8
6.....................Power of Governor to give directions ... ... ... ... ... 8
7................The Board of Education ....... ... ... ... ... ... ... ... ... ... ... 8
8................Director to maintain registers ... ... ... ... ... ... ... ... ... ... 9
9. Exemption of schools from Ordinance ... ... ... ... ... ... ... ... ... 9
PART II
REGISTRATION AND PROVISIONAL REGISTRATION OF SCHOOLS
10...........................Schools to be registered or provisionally registered ... ... ... ... ... ... 10
11....................Application for registration of school ... ... ... . ... ... ... 10
12. Additional documents required where premises not designed and constructed as a
school ... ... ... ... ... ... ... ... ... ... ... ... ... ... 11
13..............Registration of school ... ... ... ... ... ... ... ... ... ... ...12
14.......................Grounds for refusal to register school ... ... ... ...12
15....................Provisional registration of school ... ... ... ... ...14
16. Effect on provisional registration when application for registration is determined 14
17.............................Restrictions on registration and provisional registration ... ... ... ... 14
18.............................Certificate of registration or provisional registration ... ... ... ...14
19.........................Premises in which school may be operated ... ... ... ... ... ... 14
20..............Change of premises ... ... ... ... ... ... ... . ... ...15
21.............................Changes in design or use of premises increasing fire risk ... ... ... ...15
22. Grounds for cancellation of registration or provisional registration of school 16
PART III
MANAGERS OF SCHOOLS
Approval of persons to be managers
23 Application for approval to be a manager ... ...18
24................Approval to be a manager ... ...18
25. Grounds for refusal of approval to be a manager 18
26. Grounds for withdrawal of approval to he a manager 19
Section
Registration of managers of schools
27. Managers of schools to be registered
28. Application for registration of manager
19................Registration of manager ... ...
30. Grounds for refusal to register manager
31. Grounds for cancellation of registration of manager
Management committees
Management committee to manage school
Responsibilities of management committee
Supervisors
34.......................Approval of first supervisor of school ...
35. Grounds for refusal to approve supervisor
36..................Tenure of office of supervisor ... ... ...
37. Grounds for withdrawal of approval of super\
39....................Approval of subsequent supervisors ... ...
38A...................Approval of acting supervisor ... ...
19..............Duties of supervisor ... ... ... ... ...
40. Duties of management committee in absence of supervisor
Appointed managers
41. Appointment of managers by. Director
PART IV
TEACHERS
General
42. Teachers to he registered or permitted teachers
43. Director may require medical examination of proposed teacher
Registration of leachers
44. Application for registration as a teacher
45..............Registration of teacher ... ... ...
46. Grounds for refusal to register teacher
47...........................Grounds for cancellation of registration of teacher ...
Permitted teachers
48. Circumstances in which application to employ, permitted teacher may be made
49. Application to employ permitted teacher
50............Permit to teach ... ... ... ... ..
51. Grounds for refusal to issue permit to teach
52. Grounds for cancellation of permit to teach
Page
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17
Section
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Principals
53....................Approval of first principal of school ... ...
54....................Grounds for refusal to approve principal ...
55....................Tenure of office of principal ... ...
56. Grounds for withdrawal of approval of principal
57....................Approval of subsequent principals ... ... ... ... ... ... ... ... ... 18
58..............Functions of principal .... ... ... ... ... ... ... ... ... ... ... ...
PART V
APPEALS
59. The Appeals Board
60. Director to serve notice of decision on person adversely affected
61....................Right of appeal to Appeals Board ...
62..............Procedure on appeal ... ... ... ... ...
63..............Witnesses and inspections ... ... ...
64..............Decision of Appeals Board ... ... ... ... ..
65. Further right of appeal to Governor in Council ...
66. Permission to operate school or to act pending appeal
PART VI
ADDITIONAL PROVISIONS AS To REGISTRATION. APPROVALS AND
PERMITS To TEACH
27
27
30
10
32
1,
67.............................Director may require interview or further information ... ... ... ... ... 33
68.............................Additional powers of Director in respect of teachers ... ... ... ... ...
69.......................Special powers of Governor in Council ... ... ... ... ... ... ... ... 34
'0................................Effect of closure under section 69 on managers and teachers ... ... ... ... 37
71.......................Return of invalid certificates and permits ... ... ... ... ... ... ... ... 37
72.......................Restrictions on entry into school premises ... ... ... ... ... ... ... ... 38
PART VII
POWER OF DIRECTOR TO ORDER ATTENDANCE AT
A PRIMARY OR SECONDARY SCHOOL
73.
74.
75............Board of review ...
76............Powers of board ...
77............Review by board ...
78. Enforcement of order
Interpretation of Part VII
Power of Director to order attendance at primary school or secondary school
-19
39
40
40
Section
PART VIII
INSPECTION OF
SCHOOLS
79. Appointment of inspectors
80..............Inspection of schools ...
81..............Powers of inspectors ...
82. Power of Director to direct remedial measures
83. Powers of Director to close school or give directions in cases of danger or
misconduct
PART IX
GENERAL PROVISIONS
Regulations
Rules for provident funds ...
99.......Saying ... ... ...
1(0. Transitional provisions
Page
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42
42
84.
85.
86. Prohibition of issue of degrees or documents resembling degrees
87..............Offences and penalties ... ... ... ... ... ... ... ...
88.......Evidence .............. ... ... ... ... ... ... ... ...
89. Liability, of landlord and tenant of premises in which school is unlawfully
operated ... ... ... ... ... ... ... ... ... ... ... ... ...
90. Powers of police officers to enter premises and remove suspected persons
91. Service of notices
PART X
[Repealed]
PART XI
SAVING AND TRANSITIONAL PROVISIONS
43
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S]
CHAPTER 279
EDUCATION
To promote education in the Colony, and to consolidate and amend
the
law relating to the supervision on and control of schools and
the
teaching therein, and for purposes connected therewith.
[30 September 1971.]
PART I
PRELIMINARY
1. (1) This Ordinance may be cited as the Education
2. This Ordinance shall not apply to-
(a)the University of Hong Kong established by the University of
Hong Kong Ordinance,
(b)The Chinese University of Hong Kong established by The
Chinese University of Hong Kong Ordinance..
(c)the Hong Kong Polytechnic established by the Hong Kong
Polytechnic Ordinance; (Amended, 6 of 1982, s. 24)
(d)any post secondary college registered under the Post
Secondary Colleges Ordinance;
(e)any technical institute defined in section 2 of the Vocational
Training Council Ordinance, (Added, 6 of 1982, s. 24.
Amended, 50 of 1983, s. 34)
(f)any industrial training centre defined in section 2 of the
Vocational Training Council Ordinance; (Added, 6 of
1982,s.24)
(g)the Hong Kong Baptist College established by the Hong
Kong Baptist College Ordinance, (Added, 50 of 1983, s. 34.
Amended, 38 of 1984, s. 28)
(h)the City Polytechnic of Hong Kong established by the City
Polytechnic of Hong Kong Ordinance; m (Added, 65 of 1983,
s. 25. Amended, 38 of 1984, s. 28)
(i)The Hong Kong Academy for Performing Arts established by
The Hong Kong Academy for Performing Arts Ordinance
(Added, 38 of 1984, s. 28)
Sections 9(3), 73, 74, 75, 76, 77, 78 and 84 came into operation on the 3rd day
of
September 1971.(L.N. 103/71)
3. In this Ordinance, unless the context otherwise requires-
',approved manager- means a person who is approved under section
24(1) to be a manager;
'authorized architect' means a person whose name is on the register of
authorized architects kept under section 3 of the Buildings Or
Ordinance;
'Building Authority' has the same meaning as it has in section 2 of the
Buildings Ordinance,
'certificate of provisional registration' means in relation to a school
which is provisionally registered. the certificate which is issued by
the Director under section 18(1) in respect of the school,
'certificate of registration' means
(a)in relation to a school which is registered under section 13,
the certificate issued by the Director under section 18(1 in
respect of the school; and
(b)in relation to a school which is registered under either of the
repealed Ordinances. the certificate of registration issued by
the Director under such Ordinance in respect of the school;
---Director**means the Director of Education..
---document-includes any account, counterfoil, text-book. exercise book,
pamphlet, publication. newspaper. poster. drawing. sketch, film,
filmstrip slide, gramophone record, and other printed, written or
recorded matter, whether relating to school management, teaching
or recreation or to any other activity of or in connexion with a
school.
evening instruction- means any instruction the greater part of which in
any one day takes place after 6 p.m.
'functions' includes powers and duties;
'inclusive fee' means the total sum of money charged in respect of the
education of a pupil in a school;
'inspector of schools' means a person who is appointed under section
79 to be an inspector of schools, a medical officer of schools and a
health inspector of schools;
-kindergarten education' means education which is suitable for normal
pupils who have attained the age of 3 years and 8 months but not
the age of 5 years; (Amended, 61 of 1982, s.2.)
.'manage' includes administer;
'management committee' means the registered managers of a school;
,,manager' means a person who manages or takes any part in the
management of
(a) a school; or
(b) the activities of the pupils of a school;
'nursery education' means education which is suitable for normal
pupils who have attained the age of 3 years but not the age of 3
years 8 months; (Added, 38 of 1983, s. 2)
permitted teacher' means a person, not being a registered teacher,
who is permitted to be employed as a teacher in a school in
accordance with a permit to teach,
permit to teach' means a permit issued under section 50(1) or under
either of the repealed Ordinances for the employment as a teacher
in a school of a person who is not a registered teacher;
post secondary education' means education which is beyond the
stage of secondary education;
'primary education' means education which is suitable for normal
pupils who have attained the age of 5 years but not the age of 12
years;
'primary school- means a school which provides primary education;
(Added, 34 of 1979, s. 2)
'principal' means a teacher who is approved as the principal of a
school under section 53(2) or section 57(2) or under either of the
repealed Ordinances;
'provisionally registered' means provisionally registered under section
15;
'pupils' association' means an association the affairs of which are
conducted wholly or partly in any school premises and which
consists wholly or mainly of persons under the age of 21 years
who are undergoing primary or secondary education in any school
or schools;
'registered', in relation to a school, means registered under section 13
or under either of the repealed Ordinances,
registered manager' means a person who is registered as a manager of
a school under section 29(1) or under either of the repealed
Ordinances;
'registered name' means the name in which a school is registered or
provisionally registered;
'registered teacher' means a person who is registered as a teacher
under section 45(1) or under either of the repealed Ordinances;
'repealed Ordinances' means
(a) the Education Ordinance 1952; and
(b) the Education Ordinance 1913;
,.school' means an institution. organization or establishment which
provides for 20 or more persons during any one day, whether or
not at the same time, any nursery. kindergarten. primary. secondary
or post secondary education or any other educational course by
any means, including correspondence delivered by, hand or
through the postal services; (Amended, 38 of 1983,s.2)
'school premises' includes school recreation rooms, residential
facilities, playing fields and playing grounds, and any other places
used for the purposes of a school:
-secondary education' means education which is suitable for normal
pupils who have attained the age of 12 years but not the age of 19
years,
'secondary school'* means a school which provides secondary
education.. (Added, 34 of 1979. s. 2)
.Supervisor- means a registered manager who is approved as the
supervisor of a school under section 34 or section 38(2) or under
either of the repealed Ordinances.
4. (1) The Director shall be charged with the superintendence of
matters relating to education in Hong Kong.
(2) The Director shall promote the education of the people of Hong
Kong and control and direct education policy.
5. (1) The Deputy Director of Education may exercise any function
of the Director under this Ordinance.
(2) The Director may authorize any officer of the Education
Department to exercise any function of the Director under any
provision of this Ordinance other than section 9(5).
6. (1) The Governor may give to the Director and to any other
public officer, other than a judge. a district judge. or a magistrate, such
directions as he thinks fit with respect to the exercise or performance of
their respective functions under this Ordinance, either generally or in
any particular case.
(2) A person to whom a direction is given by the Governor under
subsection (1) shall, in the exercise or performance of his functions
under this Ordinance, comply with that direction.
7. (1) There shall be a Board of Education appointed in accordance
with subsection (2) which may advise the Governor on educational
matters.
(2) The Governor shall by notice in the Gazette appoint as
members of the Board such persons as he thinks fit.
(3) A member of the Board shall hold office for such period as may
be specified in such notice.
(4) The Board may regulate its procedure.
(5) Such officers of the Education Department as the Director may
nominate shall attend the meetings of the Board.
(6) The Director shall appoint an officer of the Education
Department to be the secretary to the Board.
(7) The secretary to the Board shall forward a record of every
meeting of the Board to the Director, who shall transmit a copy of the
record to the Governor together with any observations which the
Director may wish to make on such record.
8. (1) The Director shall maintain
a register of schools, in which shall be entered-
(i) the name of every registered school: and
(ii) the premises which are specified in the certificate of
registration of the school;
(b)a register of schools which are provisionally registered, in
which shall be entered
(i) the name of every school which is provisionally
registered; and
(ii) the premises which are specified in the certificate of
provisional registration of the school;
(c)a list containing the name and address of every approved
manager;
a register of managers, in which shall be entered-
(i) the name and address of every registered manager, and
(ii) the registered name and the address of every school of
which a person is a registered manager, and
(e)a register of teachers, in which shall be entered the name of
every registered teacher.
(2) Such other particulars as the Director considers necessary may
be entered in any register or list referred to in subsection (1).
9. (1) The following schools and the owners. managers. teachers
and pupils of such schools shall be exempt from this Ordinance
(a)any school entirely maintained and controlled by the
Government or by the Crown in right of Her Majesty's
Government in the United Kingdom;
(b)any school which provides education which is solely
religious; and
(c)any school which has been exempted from either of the
repealed Ordinances by notification in the Gazette and the
exemption of which has not been withdrawn.
(2) The Governor in Council may, by order published in the
Gazette, withdraw wholly or partly the exemption conferred by
subsection (1) on any school and the owners, managers, teachers or
pupils of the school.
(3) The Governor in Council may, by order published in the
Gazette, exempt from all or any of the provisions of this Ordinance
(a) any school or class or description of school. and
(b)the owners, managers, teachers or pupils of such school class
or descrip tion of school,
on such conditions, if any, as he thinks fit.
(4) An order under subsection (3) exempting a school from section
10 shall not preclude the making of an application for registration of the
school or the registration or provisional registration of the school, and if
the school is registered or provisionally registered the exemption shall
cease to have effect.
(5) The Director may, by order in writing, exempt from all or any of
the provisions of this Ordinance
(a)any school which provides education consisting only of a
series of lectures, or a course of instruction in a particular
subject or topic,
(b)any school which provides less than 10 hours of academic
instruction each week; and
(e)the owners, managers, teachers or pupils of any school
referred to in paragraph (a) or (b).
on such conditions, if any. as he thinks fit.
PART II
REGISTRATION AND PROVISIONAL REGISTRATION OF
SCHOOLS
10. (1) Every school shall be registered or provisionally registered.
(2) If a school provides evening instruction in addition to other
education, there shall be deemed to be a separate school in respect of
the evening instruction and such separate school shall also be
registered or provisionally registered.
11. An application for registration of a school shall be-
(a)made to the Director by an approved manager in the
prescribed form; and
(b) accompanied-
(i) by the documents specified in such form. and
(ii) if the school is to be operated in or in any part of any
premises which are not designed and constructed for
-the purposes of a school, by the additional documents
specified in section 12(1).
12. (1) The documents referred to in section 11(b)(ii) shall
(a)a certificate from the competent authority as to his opinion
with regard to the suitability for the purposes of a school of
the premises or the part of the premises in which the school is
to be operated, having regard to the loading for which they
are designed and constructed;
(b)a certificate from the competent authority that the premises in
or in part of which the school is to be operated do not have
structural timber floors.,
(c)a certificate from the Director of Fire Services that the use for
the purposes of a school of the premises or the part of the
premises in which the school is to be operated would not
expose the persons in the school premises to any undue risk
of fire; (Replaced, 6 of 1985, s. 2)
(ca) a certificate from the building authority that in the event
of fire in the premises in or in part of which the school is to
be operated the means of escape for all persons in the
premises (including the persons in the school premises)
would be adequate; (Added, 6 of'1985, s. 2)
(d)if the Buildings Ordinance applies to the premises in or in part
of which the school is to be operated, a notice in writing from
the Building Authority stating that he does not intend, in
exercise of the powers conferred on him by section 25 of that
Ordinance, to prohibit the use for the purposes of a school of
the premises or the part of the premises in which the school is
to be operated, and
(e) if
(i) the competent authority has certified under paragraph (a)
that in his opinion the premises or the part of the premises in
which the school is to be operated are not suitable for the
purposes of a school, having regard to the loading for which
they are designed and constructed,
(ii) the premises in or in part of which the school is to be
operated were erected prior to 1 January 1946; or
(iii) at the time of erection of the premises in or in part of
which the school is to be operated, the Buildings Ordinance
did not apply to such premises,
a certificate from an authorized architest that the premises in
or in part of which the school is to be operated are in sound
structural condition.
(2) An application to the competent authority, the Building
Authority or the Director of Fire Services for a certificate or a notice
required for the purposes of subsection (1) shall be
(a)made in such form as the Director shall specify, and
(b)accompanied by a plan, drawn to such scale and with such
number of copies as the Director shall specify, of the
premises or the part of the premises in which the school is
to be operated.
(3)The Director of Building Development where he is
the tent authority for the purposes of subsection (1)(a) and
(b) appoint any officer of the Building Development Department
to perform the functions of the competent authority under those
paragraphs. (Amended, L.N. 761/82)
(4) Nothing in this section shall affect the powers of the Building
Authority under the Buildings Ordinance.
(5) For the purposes of this section, 'competent authority' means
(a)the Housing Authority in the case of any premises or part of
any premises upon land vested in the Housing Authority or
over which the Housing Authority has control and
management; (Replaced, 23 of 1973, s. 36)
(b) [Deleted, 23 of 1973, s. 36]
(c) in any other case, the Director of Buildings
Development and any
officer of the Building Department
appointed by him under subsection (3). (Amended
L.N. 76/82)
13. On receiving an application in accordance with section 11. the
Director shall make such inquiry as he considers necessary and shall
determine the application
(a)by registering the school in respect of which the application
is made: or
(b) by refusing under section 14 to register the school.
14. (1) The Director may refuse to register a school if it appears to
him
(a)that there would be any danger to persons using the
proposed school premises, whether arising inside or outside
the premises, or that there would be a risk of any such
danger;
(b)that the proposed school premises are or are likely to be for
any reason unsuitable for use for the purposes of a school;
(c)that any provision of this Ordinance is being or will be
contravened in respect of the school;
(d) that the proposed inclusive fee is excessive having regard to
the cost of maintaining and operating the school and to the
standard of education to be provided;
(e) that the qualifications and experience of the proposed
teachers are not adequate to ensure the satisfactory
operation of the school.
that the proposed salaries of the teachers are not adequate to
ensure the satisfactory operation of the school.
that the proposed school premises or the equipment which is
to be used by the school will not allow of satisfactory tuition
in the subjects to be taught by the school,
(h)that adequate educational facilities already exist in the area in
which it is proposed to operate the school;
(i)that the composition of the proposed management committee
or of the proposed teaching staff is such that the school is
not likely to be managed satisfactorily, or is such that the
education of the pupils is not likely to be promoted in a proper
manner,
that the composition of the proposed management committee
or of the proposed teaching staff is the same or substantially
the same as that of a school which the Director has previously
refused to register. or the registration or provisional
registration of which the Director has previously cancelled;
(k) that he has previously-
(i) refused to register the school; or
(ii) cancelled the registration or provisional registration of
the school;
(1) that any part of the proposed school premises
(i) was to have been used for the purposes of a school
which the Director has previously refused to register, or
(ii) has been used for the purposes of a school the
registration or provisional registration of which the Director
has cancelled;
(m)that the school is affiliated to or connected with or in any way
controlled by a foreign government or a department of a
foreign government or an organization or group of a political
nature;
(n)that in or in connexion with the application for registration
any statement has been made or information has been
furnished which is false in any material particular or by reason
of the omission of any material particular. or
(o)that the proposed registered name of the school is unsuitable.
or is the same as or similar to
(1) the name in which another school is registered. or
(ii) the name of any school the registration of which has
been cancelled.
(2) The Director may also refuse to register a school if he refuses
under section 35(1) to approve as the first supervisor of the school the
person who is recommended to be the supervisor by the applicant for
registration of the school.
not
15. (1) At any time after an application for registration of a school is made
in accordance with section 11 and before the application is determined, the
Director may provisionally register the school for such period, not exceeding 12
months, as he thinks fit.
(2) The Director may extend the period of provisional registration of a
school for such further periods, not exceeding 12 months at one time, as he
thinks fit.
16. (1) If the Director registers a school which is provisionally registered,
the provisional registration of the school shall cease to have effect.
(2) If the Director refuses to register a school which is provisionally
registered, the provisional registration of the school shall not by reason only of
such refusal cease to have effect.
17. Notwithstanding sections 13 and 15, the Director shall
(a) register or provisionally register a school *in any name
containing the word -university- or the Chinese characters
or or
(b)without the consent of the Governor. register or provisionally
register any school which provides post secondary education.
18. (1) On registering or provisionally registering a school, the Director
shall issue to the supervisor a certificate of registration or a certificate of
provisional registration in the prescribed form and sufficient copies of the
certificate so that the certificate or a copy may be exhibited in each of the
premises specified in the certificate.
(2) Except as provided in subsection (3). section 20 and section 71. the
supervisor of a school shall cause the certificate or a copy issued by the
Director under subsection (1) to be exhibited at all times in a conspicuous place
in each of the premises specified in the certificate.
(3) If the Director extends the period of provisional registration of a
school under section 15(2), the supervisor shall within one month after the date
when he is notified of the extension deliver the certificate of provisional
registration and every copy of the certificate to the Director, who shall amend
the certificate and the copies thereof accordingly and return them to the
supervisor.
19. (1) No school shall be operated in any premises other than the
premises specified in the certificate of registration or provisional registration of
the school.
(2) No teacher in any school shall teach in any premises other than the
premises specified in the certificate of registration or provisional registration of
the school.
by-
20. (1) The supervisor of a school may apply in writing to the Director to
amend the certificate of registration or provisional registration by
(a)specifying in the certificate any additional or alternative premises; or
(b)deleting from the certificate reference to any premises or to any part
of any premises.
(2) An application under subsection (1) shall be accompanied
(a) the certificate in respect of which the application is made;
(b) every copy of the certificate issued under section 18( 1); and
(c)3 copies of a plan or diagram. specifying dimensions, of the premises
or the part of the premises to which the application relates.
(3) An application under subsection (1)(a) shall specify the names and
addresses of the landlord and the tenant of the premises or the part of the
premises to which the application relates.
(4) An application under subsection (])(a) in respect of any premises or
any part of any premises which are not designed and constructed for the
purposes of a school shall be accompanied by the certificates and the notice
specified in section 12( 1 and the pro,, provisions of section 12(2), (3), (4) and
(5) shall apply as if the application were an application for registration of a
school.
(5) On receiving an application in accordance with this section, the
Director shall make such inquiry as he considers necessary and shall determine
the application
(a)by granting the application wholly or partly, in either of which cases
he shall amend the certificate of registration or provisional
registration and the copies thereof accordingly; or
(b) by refusing to grant the application.
(6) The Director shall return to the supervisor the certificate of registration
or provisional registration and the copies thereof. amended accordingly if he
grants an application under subsection (5)(a).
21. (1) If in the opinion of the Director of Fire Services a change in
(a)the design or structure of the premises in or in any part of which a
school is operated; or
(b)the use of any part of the premises in or in any part of which a
school is operated,
is such that the persons in the school premises are exposed to any undue risk
of fire, he may deliver to the Director a notice in writing which shall either
(i)specify any provision which is his opinion should be made by the
school to eliminate the undue risk of fire; or
(ii)if the Director of Fire Services considers that no provision can he
made by the school to eliminate the undue risk of fire, state that in
his opinion no such provision can be made. (Replaced, 6 of 1985, s.
3)
(1 A) If in the opinion of the Building Authority a change in
(a)the design or structure of the premises in or in any part of which a
school is operated; or
(b)the use of any part of the premises in or in any part of which a
school is operated,
is such that in the event of fire in the premises in or in any part of which the
school is operated the means of escape for all the persons in the premises
(including the persons in the school premises) would not be adequate, he may
deliver to the Director a notice in writing which shall either
(1)specify any provision which in his opinion should be made by the
school to ensure that in the event of fire the means of escape for all
the persons in the premises (including the persons in the school
premises) will be adequate; or
(i 1)if the Building Authority considers that no provision can he made by
the school to ensure that in the event of fire the means of escape for
all the persons in the premises (including the persons in the school
premises) will be adequate, state that in his opinion no such
provision can be made. (Added 6 of 1985. s. 3)
(2) If the Director of Fire Services delivers to the Director a notice under
subsection (1) in respect of a school specifying any provision which the
Director of Fire Services considers should be made by the school, the Director
may by notice in writing served on the supervisor of the school require such
provision to be made.
(3) If the Building Authority delivers to the Director a notice under
subsection (1 A) in respect of a school specifying any provision which the
Building Authority considers should be made by the school. the Director may
by notice in writing served on the supervisor of the school require such
provision to be made. (Added, 6 of 1985, s. 3)
22. (1) The Director may cancel the registration or provisional registration
of a school
on any ground specified in section 14(1)(a), (b), (c), (d), (e), (f),
(g), (i), (1), (k), (1), (m) or (n) on which he would
have been entitled to refuse registration of a school, whether or not
such ground existed at the time when the school was registered or
provisionally registered;
if any manager of the school has committed an offence against this
Ordinance subsequent to the registration or provisional registration
of the school;
(e)if it appears to the Director that the school has ceased to exist,
or that for a continuous period of not less than one school
term the school has ceased to operate,
(d)if a direction given in a notice served under section 82(2) on
the supervisor or any other manager of the school has not
been complied with;
(e)if it appears to the Director that the management committee is
not managing the school satisfactorily, or that the education
of the pupils is not being promoted in a proper manner;
if, in the case of a school which is operated in or in any part of
any premises which, in the opinion of the competent authority
for the purposes of section 12, are unsuitable for use for the
purposes of a school having regard to the loading for which
the premises or the part of the premises are designed and
constructed, the Director has received a report from an
authorized architect that the premises in or in part of which the
school is operated are not in sound structural condition;
(g)if in respect of the school any provision specified in a notice
under section 21(2) or (3) has not been made 6 of 1985 s. 4)
(1) within 2 months of the date of service of the notice., or
(ii) before the commencement of the school term next
following the date of service of the notice,
whichever is the earlier, or within such further period as the
Director may permit;
(h)if, under section 21(1), the Director has received a notice from
the Director of Fire Services stating that, in the latter's
opinion, no provision can be made by the school to eliminate
any undue risk of fire; Replaced. 6 of' 1985, s.4)
(ha) if, under section 21(1 A), the Director has received a notice
from the Building Authority stating that, in the latter's opinion,
no provision can be made by the school to ensure that in the
event of fire in the premises in or in any part of which the
school is operated the means of escape for all the persons in
the premises (including the persons in the school premises)
will be adequate; (Added, 6 of'1985, s. 4)
(i)if the school is operated in any name other than the name in
which it is registered or provisionally registered; or
(j)if it appears to the Director that any provision of this
Ordinance is being or has been contravened in respect of the
school.
(2) The Director shall cancel the registration or provisional
registration of a school if
(a)the registration of every manager of the school is cancelled;
and
(b)no manager of the school is permitted under section 66 to
continue to act as a manager of the school.
PART 111
MANAGERS OF SCHOOLS
Approval of persons to be managers
23. An application for approval to be a manager shall be made to
the Director in the prescribed form.
24. (1) On receiving an application in accordance with section 23,
the Director shall make such inquiry as he considers necessary and
shall determine the application
(a) by approving the applicant to be a manager, or
(b)by refusing under section 25 to approve the applicant to be a
manager.
(2) On approving an applicant to be a manager under subsection
(1), the Director shall issue to the applicant a certificate of approval in
the prescribed form.
25. The Director may refuse to approve an applicant to be a
manager if it appears to him that the applicant--
(a)is not resident in Hong Kong for at least 9 months in each
year:
(b) is not a fit and proper person to be a manager;
(c)has been convicted of an offence punishable with
imprisonment;
(d)is a person in respect of whom a permit to teach has
previously been cancelled;
(e)has not established that he possesses suitable qualifications
or experience to be a manager;
(f) cannot perform satisfactorily or is unlikely to perform
satisfactorily the duties of a manager;
(g) has attained the age of 70 years, or
(h) in making or in connexion with any application for approval to
be a manager; (ii) for registration of a school;
(iii) for registration as a manager or a teacher; or
(iv) to employ a person as a permitted teacher in a school,
has made any statement or furnished any information which is
false in any material particular or by reason of the omission of
any material particular.
26. (1) The Director may withdraw his approval of a person to be a
manager
(a)on any ground specified in section 25(a), (b), (e), (d), (g) or
(h) which applies to the person, whether or not such ground
existed at the time when he was approved to be a manager;
(b) if it appears to the Director that the persori---
(i) has ceased to be a manager;
(ii) cannot perform satisfactorily or is not performing
satisfactorily the duties of a manager;
(c)if the person has been an office-bearer. as defined in section 2
of the Societies Ordinance, of any society which has had its
registration or its exemption from registration cancelled under
section 10 of that Ordinance or which has been dissolved
under section 30 of that Ordinance;
(d)if the person has contravened any provision of this
Ordinance; or
(e) if it appears to the Director that
(i) any school of which the person is registered as a
manager is not being managed satisfactorily;
(ii) in any school of which the person is registered as a
manager, the education of the pupils is not being promoted in
a proper manner.. or
(iii) any pupil of a school of which the person is registered
as a manager is not under proper supervision or control while
on the school premises.
(2) The Director shall withdraw his approval of a person to be a
manager at the written request of the person.
Registration of managers of schools
27. No person shall act as a manager of a school unless he is
registered as a manager of the school under section 29(1).
28. An application for registration as a manager of a school shall be
made to the Director by an approved manager in the prescribed form.
29. (1) On receiving an application in accordance with section 28,
the Director shall make such inquiry as he considers necessary and
shall determine the application
(a)by registering the applicant as a manager of the school in respect of
which the application is made; or
(b)by refusing under section 30 to register the applicant as a manager of
the school in respect of which the application is made.
(2) On registering an applicant as a manager of a school under subsection
(1 the Director shall issue to the applicant a certificate of registration in the
prescribed form.
30. (1) The Director may refuse to register an applicant as a manager of a
school if
(a)it appears to the Director that the applicant has not established that
he has a special interest in the school;
(b)it appears to the Director that the registration of the applicant as a
manager of the school would result in an undue proportion of the
management committee being registered by reason only of their
special interests in the school;
the school has more than 4 registered managers; or
(d)it appears to the Director that in making or in connexion with any
application
(i) for approval to be a manager;
(ii) for registration of a school;
(iii) for registration as a manager or a teacher; or
(iv0 to employ a person as a permitted teacher in a school,
the applicant has made any statement or furnished any information
which is false in any material particular or by reason of the omission
of any material particular.
(2) The Director shall refuse to register an applicant as a manager of a
school if it appears to the Director that the applicant is not acceptable as a
manager of the school to the majority of the management committee.
31. (1) The Director may cancel the registration of a manager of a school
(a)on any ground specified in section 26(1)(c) which applies to the
manager;
(b)on any ground specified in section 30(1)(d) which applies to the
manager, whether or not such ground existed at the time when he
was registered as a manager of the school; or
(c)if the manager was so registered by reason of a special interest in the
school which has subsequently ceased.
(2) The Director shall cancel the registration of a manager of a school
(a)if it appears to him that the manager is no longer acceptable as
a manager of the school to the majority of the management
committee, or
(b) at the written request of the manager.
(3) The registration of a person as a manager of a school shall be
deemed to be cancelled if, under any provision in this Ordinance, the
Director withdraws his approval of the person to be a manager.
Management committees
mittee.
32. Every school shall be managed by its management corn
33. The management committee of a school shall be responsible for
ensuring
(a) that the school is managed satisfactorily;
(b)that the education of the pupils is promoted in a proper
manner; and
(c) that this Ordinance is complied with.
Supervisors
34. Subject to section 35, the Director shall approve as the first
supervisor of a school the person who is recommended to be the
supervisor by the applicant for registration of the school.
35. (1) The Director may refuse to approve a person as the
supervisor of a school if the Director is not satisfied that the person is a
fit and proper person to be the supervisor.
(2) The Director shall not approve a person as the supervisor of a
school unless the person is a registered manager of the school.
36. The supervisor of a school shall hold office until-
(a) he ceases to be a registered manager of the school;
(b) he resigns;
(c)the Director withdraws his approval of the supervisor under
section 37; or
(d)the Director approves another registered manager of the
school as the supervisor under section 38(2).
37. The Director may withdraw his approval of the supervisor of a
school if it appears to the Director that the supervisor
(a) is no longer a fit and proper person to be the supervisor;
(b) is not performing the duties of the supervisor satisfactorily;
(c) has ceased to perform the duties of the supervisor; or
(d)is no longer acceptable as such to the majority of the
management committee.
38. (1) If in the case of any school which is registered or
provisionally registered-
(a)the Director refuses under section 35 to approve a person
who has been recommended to be the supervisor;
(b) the supervisor ceases under section 36 to hold office,
(c) there is for any other reason no supervisor;
(d)the supervisor ceases to perform the duties of the super-
visor; or
(e)the supervisor is no longer acceptable as such to the
majority of the management committee,
the management committee shall within one month recommended
for the approval of the Director another registered manager of the
school to be the supervisor.
(2) Subject to section 35, the Director shall approve as the
supervisor of the school the registered manager who is recom-
mended under subsection (1).
38A. (1) If the supervisor of any school is or is likely to be-
(a)absent from Hong Kong for a period of not less than 28
days; or
(b)unable by reason of his illness to carry out his duties for a
period of not less than 28 days,
the management committee shall recommend for the approval of
the Director another registered manager of the school to act as
supervisory during the supervisor's absence or inability to carry out
his duties.
(2) Subject to subsection (3), the Director shall approve as
the acting supervisor of the school the registered manager who is
recommended under subsection (1).
(3) The Director may refuse to approve a person as the acting
supervisor of a school if the Director is not satisfied that the person
is a fit and proper person to be the acting supervisor.
(4) Without prejudice to subsection (5), the approval under
subsection (2) shall be for such period as the Director may therein
specify.
(5) The Director may at any time and for any reason withdraw
his approval under subsection (2).
(6) Section 39 shall apply in relation to an acting supervisor
approved under subsection (2) as it applies to a supervisor.
(Added, 61 of 1982, s. 3)
39. (1) Subject to any other provision in this Ordinance, all
correspondence between a school and the Director or any public
officer concerning the management of the school shall be conducted
on behalf of the school by the supervisor.
(2) The supervisor of a school shall within 1 month after the
happening of such event give notice in writing to the Director if-
(a) any person ceases to be a manager of the school;
(b)the supervisor ceases to perform the duties of the super-
visor;
(c) the principal ceases to perform the duties of the principal;
(d)any teacher commences to teach or is employed to teach at
the school;
(e)any teacher ceases to teach or ceases to be employed to
teach at the school;
the supervisor becomes aware of a change in any part-
iculars furnished under this Ordinance with respect to any
landlord or tenant of the premises in which the school is
operated.
(3) A notice under subsection (2) shall specify-
(a)the full name and address of the person to whom the notice
relates and, if he is a registered or permitted teacher,
his registration number of permitted teacher reference
number; and
the date of the event referred to in the notice.
40. Without prejudice to section 38(1), if at any time there is
no supervisor of a school, the duties of the supervisor under this
Ordinance shall be performed by the management committee until a
supervisor is approved by the Director, and in such case any notice
which is to be served or which may be served under this Ordinance
on the supervisor may be served on any registered manager of the
school.
Appointed managers
(Amended, 61 of 1982, s. 4)
41. (1) If it appears to the Director-
(a)that a school is not being managed satisfactorily or that the
education of the pupils is not being promoted in a proper
manner;
(b)that the composition of the management committee of a
school is such that the school is not likely to be managed
satisfactorily, or is such that the education of the pupils is
not likely to be promoted in a proper manner; or
(c)that for any reason a school has no manager, (Added, 61
of 1982, s. 4)
he may appoint one or more persons to be managers of the school for
such period as he thinks fit. (Amended, 61 of 1982, s. 4)
(2) A person who is appointed by the Director under subsection
(1) to be a manager of a school
(a)shall be deemed to be approved to be a manager under
section 24(1) and to be registered as a manager of the school
under section 29(1);
(b)shall perform his functions in accordance with any directions
given to him by the Director; and
(c) may enter the school premises at all reasonable times.
(3) Notwithstanding subsections (1) and (2), no person who is
appointed by the Director under subsection (1) to be a manager of a
school shall participate in any of the profits of the school or shall be
liable for any financial obligations incurred by the management
committee in respect of the operation of the school.
PART IV
TEACHERS
General
42. (1) No person shall teach in a school unless he is-
(a) a registered teacher; or
(b) a permitted teacher.
(2) No permitted teacher shall teach in a school otherwise than in
accordance with the conditions or limitations specified in the permit to
teach issued in respect of such teacher.
43. The Director may, before registering a person as a teacher or
issuing a permit to teach in respect of any person, require such person
to undergo a medical examination.
Registration of teachers
44. An application for registration as a teacher shall be
(a) made to the Director in the prescribed form; and
(b) accompanied by the documents specified in such form.
45. (1) On receiving an application in accordance with section 44,
the Director shall make such inquiry as he considers necessary and
shall determine the application
(a) by registering the applicant as a teacher; or
(b)by refusing under section 46 to register the applicant as a
teacher.
(2) On registering an applicant as a teacher under subsection (1),
the Director shall issue to the applicant a certificate of registration in the
prescribed form.
46. The Director may refuse to register an applicant as a teacher if
it appears to him that the applicant
(a) is not a fit and proper person to be a teacher;
(b)has been convicted of an offence punishable with
imprisonment;
(c)is a person in respect of whom a permit to teach has
previously been cancelled;
(d) is medically unfit;
(e) does not possess the prescribed qualifications;
(f) has attained the age of 70 years; or
(g) in making or in connexion with any application-
(i) for approval to be a manager;
(ii) for registration as a manager or a teacher; or
(iii) to employ a person as a permitted teacher in a school,
has made any statement or furnished any information which is
false in any material particular or by reason of the omission of
any material particular.
47. The Director may cancel the registration of a teacher-
(a)on any ground specified in section 46 which applies to the
teacher, whether or not such ground existed at the time when
he was registered as a teacher;
(b) if it appears to the Director that the teacher is incompetent;
(c)
if the teacher has contravened any provision of this
Ordinance;
(d)if it appears to the Director that the teacher has behaved in
any manner which, in the opinion of the Director, constitutes
professional misconduct; or
(e)if it appears to the Director that the teacher has behaved in
any manner which, in the opinion of the Director. is prejudicial
to the maintenance of good order and discipline in the school
in which the teacher teaches.
Permitted teachers
48. An application to employ a person as a permitted teacher in a
school may only be made if the applicant is of the opinion that no
suitable registered teacher is available for employment as a teacher in
the school.
49. (1) An application to employ a person as a permitted teacher in
a school shall be made to the Director
(a)in the case of a school which is registered or provisionally
registered, by the supervisor; or
(b)in the case of a proposed school. by the applicant for
registration of the school.
(2) An application to employ a person as a permitted teacher in a
school shall be made in the prescribed form.
50. (1) On receiving an application in accordance with section 49,
the Director shall make such inquiry as he considers necessary and
shall determine the application
(a)by issuing to the supervisor of the school concerned a permit
in the prescribed form, or
(b) by refusing under section 51 to issue such a permit.
(2) A permit to teach issued under subsection (1) shall specify the
school in which the permitted teacher may be employed. and may
impose such other conditions in respect of the employment of the
permitted teacher in the school as the Director thinks fit.
(3) The Director shall. if he issues a permit to teach under
subsection (f). also issue a copy of the permit to the permitted teacher.
51. The Director may refuse to issue a permit to teach under
section 50(1) in respect of any person
(a)if in the opinion of the Director a suitable registered teacher is
available for employment as a teacher in the school
concerned;
(b)on any ground specified in section 469a0 (b). (c). (d) or (f)
which applies to the person in respect of whom the
application is made;
(c)if the person in respect of whom the application is made does
not possess the prescribed qualification; or
(d)if it appears to the Director that the applicant or the person in
respect of whom the application is made has. in making or in
connexion with any application
(i) for approval to be a manager,
(ii) for registration as a manager or a teacher; or
(iii) to employ a person as a permitted teacher in a school.
made any statement or furnished any information which is
false in any material particular or by reason of the omission of
any material particular.
52. (1) The Director may cancel a permit to teach-
(a)on any ground specified in section 51(b), (c) or (d) on which
he would have been entitled to refuse to issue a permit to
teach, whether or not such ground existed at the time when
the permit was issued; or
(b)on any ground specified in section 47(b), (c), (d) or (e) which
applies to the permitted teacher.
(2) A permit to teach shall be deemed to be cancelled-
(a)
if the permitted teacher ceases to be employed in the school
specified in the permit, or
(b)if the registration or provisional registration of the school
specified in the permit is cancelled.
Principals
53. (1) Within 1 month after the registration or provisional
registration of a school, the management committee shall recommend for
the approval of the Director a teacher of the school to be the principal.
(2) Subject to section 54, the Director shall approve as the principal
of the school the teacher who is recommended under subsection (1).
54. The Director may refuse to approve a teacher as the principal of
a school if the Director is not satisfied that the teacher is a fit and proper
person to be the principal of the school.
55. The principal of a school shall hold office until-
(a)he ceases to be registered as a teacher, or to be permitted to
teach as a permitted teacher in the school,
(b) he resigns;
(c)the Director withdraws his approval of the principal under
section 56; or
(d)the Director approves another teacher of the school as the
principal under section 57(2).
56. The Director may withdraw his approval of the principal of a
school if it appears to the Director that the principal
(a) is no longer a fit and proper person to be the principal:
(b) is not performing the duties of the principal satisfactorily,
(c) has ceased to perform the duties of the principal; or
(d)is no longer acceptable as such to the majority of the
management committee.
57. (1) If in the case of any school-
(a)the Director refuses under section 54 to approve a teacher
who has been recommended to be the principal;
(b) the principal ceased under section 55 to hold office;
(c)the principal ceases to perform the duties of the principal;
or
(d)the principal is no longer acceptable as such to the majority
of the management committee,
the management committee shall within 1 month recommend for the
approval of the Director another teacher of the school to be the
principal.
(2) Subject to section 54, the Director shall approve as the
principal of the school the teacher who is recommended under
subsection (1).
58. (1) The principal of a school shall. subject to the direc-
tions of the management committee, be responsible for the teaching
and discipline of the school and for such purposes shall have
authority over the teachers and pupils of the school.
(2) The Director may address the principal of a school on any
matter relating to the teaching and discipline in the school. and in
such case the principal shall conduct correspondence directly with
the Director.
PART V
APPEALS
59. (1) For the purposes of this Part, there shall be an
Appeals Board appointed in accordance with subsection (2).
(2) The Governor shall by notice in the Gazette appoint-
(a)
not less than 9 persons as members of the Appeals Board.
of whom at least 3 shall be registered teachers;
(b)one of the persons appointed under paragraph (a) as
chairman of the Appeals Board.
(3) A member of the Appeals Board shall hold office for such
period as may be specified in such notice.
(4) Subject to subsection (5), 5 members of the Appeals Board
shall be a quorum.
(5) The Appeals Board shall not hear or determine any appeal
concerning the registration of a teacher or the cancellation of the
registration of a teacher unless at least 3 of the members comprising
the quorum are registered teachers.
(6) The Appeals Board may-
(a)subject to any other provision in this Part, regulate its own
procedure and make standing orders for that purpose; and
(b)appoint one of its members to act as chairman if the chairman
is absent.
(7) The Appeals Board may at its request be assisted in the
conduct of an appeal by a legal officer appointed by the Attorney
General to act as legal assessor.
(8) The Governor shall appoint a person to be the secretary to the
Appeals Board.
60. (1) Subject to subsection (2), if the Director has made a decision
by exercising any power conferred on him under a provision specified in
the First Column of the Table contained in this section. he shall serve
notice in writing of his decision on the persons specified in relation
thereto in the Second Column of the Table. stating the grounds for his
decision, and shall supply to the person a copy of this Part.
TABLE
First
Section 14. Section
20(5)(b). Section
22(1). Section 25.
Section 26(1). Section
30(1). Section 31(1).
Section 35(1). Section
37. Section 46.
Section 47. Section
51. Section 52(1).
Section 54. Section
56.
Applicant. Supervisor. Supervisor. Applicant.
Approved manager concerned. Applicant.
Registered manager concerned. Person
recommended to be supervisor. Manager
ceasing to be supervisor. Applicant. Teacher
concerned. Supervisor. Supervisor.
Supervisor. Supervisor.
Second Column
(2) If an order is made under section 9(3) or (5) exempting a school
from section 10, subsection (1) of this section shall not apply in respect
of
(a)a refusal by the Director under section 30(1) to register any,
person as a manager of the school;
(b)the cancellation by the Director under section 3 1 (1) of the
registration of any manager of the school;
(c)a refusal by the Director under section 35(1) to approve any
person as the supervisor of the school;
(d)the withdrawal by the Director under section 37 of the approval of
any supervisor of the school.,
(e)a refusal by the Director under section 51 to issue a permit to teach
for the employment of any person as a permitted teacher in the
school;
the cancellation by the Director under section 52(1) of the permit to
teach of any permitted teacher who is employed to teach in the
school;
(g) a
refusal by the Director under section 54 to approve any teacher as
the principal of the school. or
(h)the withdrawal under section 56 of the approval of any principal of
the school.
61. (1) A person on whom a notice is served under section 60(1) may,
within 21 days after the service of the notice, appeal to the Appeals Board
against the decision of the Director referred to in the notice, by delivering in
duplicate to the secretary of the Appeals Board a notice of appeal in
accordance with subsection (2).
(2) Every notice of appeal shall be in writing and shall specify-
(a)the decision of the Director in respect of which the appeal is
brought: and
(b) the grounds on which the appeal is brought.
62. (1) On receiving a notice of appeal in accordance with section 61, the
secretary of the Appeals Board shall
(a)forthwith forward one copy of the notice of appeal to the Director;
(b)fix a time and place for the hearing of the appeal by the Appeals
Board; and
give the appellant and the Director not less than 14 days notice of
the time and place fixed for the hearing of the appeal.
(2) On receiving a copy of a notice of appeal under subsection (1), the
Director shall forthwith forward to the secretary of the Appeals Board a copy
of the notice which has been served on the appellant under section 60(1).
(3) At the hearing of an appeal, the appellant or his authorized
representative. and the Director or any person appointed by him for such
purpose, shall be entitled to be present and to be heard on the appeal.
(4) The hearing of an appeal may at the discretion of the Appeals Board
be open to the public or in camera, or partly open to the public and partly in
camera.
(5) If the hearing of an appeal is adjourned, no person shall be
present as a member of the Appeals Board when the hearing is resumed
unless he has been present at all previous hearings of the appeal.
(6) The Appeals Board may hear and determine an appeal in the
absence of the appellant or the Director if due notice of the hearing of
the appeal has been given to both of the parties.
(7) The onus of proving that the grounds stated by the Director
under section 60(1) for his decision are not correct, or do not justify the
decision, shall be upon the appellant.
(8) Except with the permission of the Appeals Board, neither the
appellant nor the Director may rely at the hearing of an appeal on any
grounds other than those stated by the Director in the notice served on
the appellant under section 60(1), and those specified by the appellant
in the notice of appeal.
63. (1) For the purposes of hearing an appeal. the Appeals Board
may
(a)subject to subsection (4), hear and examine witnesses on
oath;
(b)subject to subsection (4), summon any person to attend any
hearing of the Appeals Board to give evidence or produce
any document or other thing in his possession and examine
him as a witness or require him to produce any document or
other thing in his possession.,
(c) order an inspection of any premises;
(d) enter and view any premises.
(2) A summons under subsection (1) shall be in such form as the
chairman of the Appeals Board shall direct and shall be signed by the
chairman and the secretary.
(3) Subject to subsection (4), any person who-
(a)being summoned under subsection (1) to attend any hearing
of the Appeals Board to give evidence or to produce any
document or other thing in his possession. refuses or
neglects to do so; or
(b)being examined under subsection (1) as a witness by or before
the Appeals Board, refuses or neglects to answer any
question put to him by or with the concurrence of the
Appeals Board, or to produce any document or other thing in
his possession when required to do so,
shall be guilty of an offence and shall be liable on conviction to a fine of
$500 and to imprisonment for 3 months.
(4) Every person who appears as a witness before the Appeals
Board shall be entitled to the same privileges in respect of the giving of
evidence and the production of any document and other thing as he
would be entitled to if appearing as a witness in civil proceedings before
the High Court.
(5) Any person who-
(a)behaves in an insulting manner or uses any threatening or
insulting expression to or in the presence of the Appeals
Board; or
(b) wilfully disrupts the proceedings of the Appeals Board,
shall be guilty of an offence and shall be liable on conviction to a fine of
$500 and to imprisonment for 3 months.
64. (1) On the hearing of an appeal, the Appeals Board may
confirm, reverse or vary the decision of the Director appealed against,
and shall state its reasons for its decision.
(2) The secretary of the Board shall serve on the appellant and the
Director notice in writing of the decision of the Appeals Board together
with the reasons of the Board for its decision.
65. The Director or the appellant may within 14 days after being
served under section 64(2) with a notice of the decision of the Appeals
Board appeal by way of petition to the Governor in Council.
66. (1) Notwithstanding any other provision in this Ordinance. the
Director may on such conditions, if any. as he thinks fit
(a)by notice in writing to the supervisor permit a school to
continue to operate after the registration or provisional
registration of the school has been cancelled under section
22(1);
(b)by notice in writing to a manager of a school permit him to
continue to be a manager of the school after his registration
as a manager of the school has been cancelled under section
31(1). or is deemed to have been cancelled under section 31(3)
by reason of the decision of the Director to withdraw under
section 26(1) his approval of such person to be a manager;
(c)by notice in writing to a registered teacher permit him to
continue to teach after his registration as a teacher has been
cancelled under section 47; or
(d)by notice in writing to the supervisor of a school permit a
permitted teacher to continue to be employed as a teacher in
the school after the permit to teach issued in respect of such
teacher has been cancelled under section 52(1).
(2) Any permission given by the Director under subsection (1)
shall remain in force
(a) until-
(i) the expiry of the time specified in section 61(1) for the
bringing of an appeal to the Appeals Board against the
decision of the Director; and
(ii) the determination of any appeal brought under section
61 to the Appeals Board against the decision of the Director;
and
(b)if an appeal is brought under section 61 to the Appeals Board
against the decision of the Director, until
(i) the expiry of the time specified in section 65 for the
bringing of a further appeal to the Governor in Council against
the decision of the Appeals Board; and
(ii) the determination of any further appeal brought under
section 65 to the Governor in Council against the decision of
the Appeals Board; and
(c)
in special circumstances, until such later date as the Director
may specify.
PART VI
ADDITIONAL PROVISIONS AS To REGISTRATION,
APPROVALS AND PERMITS To TEACH
67. If an application is made for
(a) the registration of a school;
(b) approval to be a manager;
(c) registration as a manager or a teacher; or
(d) to employ a person as a permitted teacher in a school.
the Director may require the applicant or the proposed permitted
teacher
(i)to attend an interview with such person as the Director may
specify; or
(ii)to make any declaration or to supply any further particulars
that the Director considers necessary in connexion with the
application.
68. (1) Notwithstanding any other provision in this Ordinance, the
Director may
(a) refuse to register any person as a teacher;
(b) cancel the registration of any person as a teacher;
(c)refuse to issue a permit to teach under section 50(1) in respect
of any person; or
(d) cancel a permit to teach issued in respect of any person,
if the Director is satisfied that the environment in which the person has
received any part of his education has been such as to make the person
unsuitable as a teacher in Hong Kong.
(2) The Director shall, if he refuses under subsection (1)(a) to
register any person as a teacher, or cancels under subsection (1)(b) the
registration of any person as a teacher. serve notice in writing of his
decision on the person.
(3) The Director shall-
(a)if he refuses under subsection (1)(c) to issue a permit to teach
in respect of any person, serve notice in writing of his
decision on the supervisor of the school in which the person
was to be employed to teach; or
(b)if he cancels under subsection (1)(d) a permit to teach, serve
notice in writing of his decision on the supervisor of the
school in which the permitted teacher is employed to teach.
(4) A person on whom a notice is to be served under subsectlon
(2) or (3) may, within 21 days after the service of the notice on him,
appeal by way of petition to the Governor.
(5) On consideration of an appeal under subsection (4). the
Governor may
(a) reverse the decision of the Director; or
(b) refer the appeal to the Governor in Council.
(6) On consideration of an appeal referred to him under subsection
(5). the Governor in Council may confirm or reverse the decision of the
Director.
(7) The Director may, if he cancels under subsection (1)(b) the
registration of any teacher, or cancels under subsection (1)(d) a permit
to teach. by notice in writing to the teacher whose registration is
cancelled or to the supervisor of the school in which the permitted
teacher is employed to teach. permit the teacher to continue to teach
upon such conditions. if any. as the Director thinks fit until
(a)the expiry of the time specified in subsection (4) for the
bringing of an appeal to the Governor: and
(b)the determination of any appeal brought under subsection (4)
to the Governor.
69. (1) Notwithstanding any other provision in this Ordinance. if it
appears to the Governor in Council that it would be prejudicial to the
public interest or the welfare of pupils or of education generally
(a) that a school should be registered; (ii) a person should be
approved to be a manager, (iii) a person should be
registered as a teacher; or (iv) a person should be a
permitted teacher;
(b)that a school should continue to be registered or
provisionally registered;
(c) that a person should continue to be an approved manager;
(d) that a teacher should continue to be registered; or
(e) that a person should continue to be a permitted teacher,
the provisions of this section shall apply.
(2) The Governor in Council may cause a notice in writing. stating
that it is made under this section, to be served
(a)in any case referred to in subsection (1)(a)(i), (ii) or (iii), on the
applicant, calling on him to show cause why the application
should not be refused;
(b)in the case referred to in subsection (1)(a)(iv). on the
supervisor of the school in which the person is to be
employed to teach calling on him to show cause why the
application should not be refused,
(c)in any case referred to in subsection (1)(b), on the supervisor
of the school, calling on him to show cause why the
registration or provisional registration of the school should
not be cancelled,
(d)in the case referred to in subsection (1)(c). on the approved
manager, calling on him to show cause why his approval to be
a manager should not be withdrawn;
(e)in the case referred to in subsection (1)(d), on the registered
teacher, calling on him to show cause why his registration as
a teacher should not be cancelled; or
in the case referred to in subsection (1)(e), on the supervisor
of the school in which the permitted teacher is employed to
teach, calling on the supervisor to show cause why the permit
to teach issued in respect of the permitted teacher should not
be cancelled.
(3) The Governor in Council may-
(a)in any case referred to in subsection (1)(b), suspend the
registration or provisional registration of the school until the
determination of the proceedings under this section,
(b)in the case referred to in subsection (1)(c), suspend the
approval of the person to be a manager until the determination
of the proceedings under this section.
(c)in the case referred to in subsection (1)(d), suspend the
registration of the teacher until the determination of the
proceedings under this section, or
(d)in the case referred to in subsection (])(e), suspend the permit
to teach issued in respect of the permitted teacher until the
determination of the proceedings under this section,
by a statement to that effect in the notice served under subsection (2),
and in such case the suspension shall take effect from the date of
service of the notice and shall continue in effect until the proceedings
under this section are determined.
(4) A person whose approval to be a manager has been suspended
under subsection (3) shall, during the period of suspension, be deemed,
if he is registered as a manager of any school, to have had such
registration also suspended.
(5) A person who is served with a notice under subsection (2) shall
be entitled to appear in person, and to hear the grounds on which it is
proposed to take the course specified in the notice and to make such
representations as he wishes against the course being taken.
(6) If, after opportunity for appearance and for making
representations has been afforded under subsection (5), the Governor
in Council is satisfied
(a)in any case referred to in subsection (1)(a). that the
application should be refused;
(b)in any case referred to in subsection (1)(b), that the
registration or provisional registration of the school should
be cancelled,
(c)in the case referred to in subsection (1)(c.), that the approval
of the person to be a manager should be withdrawn;
(d)in the case referred to in subsection (1)(d), that the
registration of the teacher should be cancelled; or
(e)in the case referred to in subsection (1)(e), that the permit to
teach issued in respect of the permitted teacher should be
cancelled,
he shall order accordingly, and the order shall be put into effect by the
Director.
(7) Notwithstanding section 16(2), if the Governor in Council
orders under subsection (6) that an application for registration of a
school be refused, and at the time when such order is made the school
is already provisionally registered, the Director shall cancel the
provisional registration of the school.
(8) The Governor may suspend the operation of an order made
under subsection (6) for such period and on such conditions as he
thinks fit.
(9) If under subsection (6)-
(a) the approval of a person to be a manager is withdrawn;
(b) the registration of a person as a teacher is cancelled; or
(c)a permit to teach issued in respect of any person is cancelled,
the person shall not thereafter be approved to be a manager nor be
registered as a manager or a teacher, nor shall a permit be issued under
section 50(1) in respect of such person.
(10) The Governor may waive the provisions of subsection (9) in a
particular case on such conditions, if any, as he thinks fit.
70. (1) The Director shall, on cancelling the registration or
provisional registration of a school under section 69(6), also withdraw
his approval of every registered manager of the school.
(2) Any registered manager whose approval is withdrawn under
subsection (1) may appeal by way of petition to the Governor in Council
within 14 days of the making of the order under section 69(6) cancelling
the registration or provisional registration of the school.
(3) 1 f
(a)the approval of any person to be a manager is withdrawn
under subsection (1); or
(b)the permit to teach issued in respect of any permitted teacher
is deemed to be cancelled under section 52(2) by reason of
the cancellation of the registration or provisional registration
of a school under section 69(6),
the person shall not thereafter be approved to be a manager, nor be
registered as a manager nor shall a permit to teach be issued in respect
of such person unless an appeal under subsection (2) has been allowed
against the withdrawal of the approval or the cancellation of the
registration.
(4) The Governor may waive the provisions of subsection (3)
if-
in a particular case on such conditions, if any, as he thinks fit.
71. Notwithstanding any other provision in this Ordinance,
(a) a school ceases to be registered or provisionally registered;
(b) a person ceases to be approved to be a manager;
(c)a person ceases to be registered as a manager or a teacher; or
(d) a person ceases to be a permitted teacher,
every person who has in his possession any certificate or copy of a
certificate relating to such registration, provisional registration or
approval or, in the case referred to in paragraph (d), the permit to teach
or a copy of the permit to teach issued in respect of the permitted
teacher, shall within one month after being required to do so by the
Director deliver such document to the Director.
72. (1) If the registration or provisional registration of a
school has been cancelled under section 22 or section 69(6), or is
suspended under section 69(3), no person who has at any time been a
manager, teacher or pupil of the school shall enter or remain in any
premises-
(a) in which the school was operated,. and
(b) which are being used for the purposes of a school,
without the permission in writing of the Director.
(2) No person shall, without the permission in writing of the
Director, enter or remain in any school-
(a) if at any time-
(i) he has been refused approval to be a manager, or
having been so approved has had such approval with-
drawn;
(ii) he has been refused registration as a manager or a
teacher, or having been so registered has had his registra-
tion cancelled;
(iii) a permit to teach has been refused in respect of
such person;
(iv) he has been a permitted teacher in respect of whom
a permit to teach has been cancelled, or
(v) he has been refused approval as the supervisor or
principal of a school, or having been so approved has had
such approval withdrawn; or
(b) while-
(i) his approval to be a manager;
(ii) his registration as a teacher, or
(iii) a permit to teach issued in respect of such person. is
suspended under section 69(3).
(3) The Director may attach to any permission given under
this section such conditions as he thinks fit.
PART VII
POWER OF DIRECTOR TO ORDER ATTENDANCE AT
A PRIMARY OR SECONDARY SCHOOL
(Amended, 34 of 1979, s. 3)
73. In this Part-
'attendance order' means an order made under section 74;
'board' means the board of review established under section 75;
'parent' in relation to any child to whom section 74 applies includes
a guardian and the person having the actual custody of the
child.
(Amended, 34 of 1979, s. 4)
74. (1) Where it appears to the Director that a parent of a child is
withhold is withholding the child from attending primary school or
secondary school without any reasonable excuse, the Director may.
after making such inquiries as he considers necessary, serve upon a
parent an attendance order in the prescribed form requiring him to cause the
child to attend regularly as a pupil the primary school or secondary
school named in the attendance order. (Amended, 34 of 1979,s.5)
(2) The Director may at any time, by notice in writing served upon
a parent of the child to whom an attendance order relates
(a)vary the order by substituting another primary school or
secondary school for that named in the order, (Amended, 34 of
1979, s. 5)
(b) otherwise vary or withdraw the order,
and any variation of an attendance order shall take effect on the expiry
of the period of 14 days after the date of service of the notice i in writing
(3) This section shall-
(a)with effect from 1 September 1979 until the expiration of 31
August 1980, apply to a child who has attained the age of 6
years but not the age of 14 years;
(b)with effect from 1 September 1980, apply to a child who has
atained the age of 6 years but not the age of 15 years.. and
(c)notwithstanding paragraphs (a) and (b) not apply to a child
(i) who has completed Form III of secondary education
and whose parent can produce evidence to that effect to the
satisfaction of the Director;
(ii) who is a registered apprentice under the Apprenticeship
Ordinance; or
(iii) who is attending regularly, or is an inmate of, an
institution (other than a school) which is regarded by .the
Director as suitable for the child. (Added, 34 of 1979,s.5)
75. (1) For the purposes of this Part, there shall be a board of
review, which shall consist of not less than 5 persons appointed by the
Governor.
(2) The Governor may appoint a public officer to be the secretary
of the board.
76. (1) Subject to this Ordinance, the practice and procedure on a
review by the board shall be such as the board may determine.
(2) For the purposes of a review the board shall have the following
powers
(a) to hear and examine witnesses on oath; and
(b)to summon any person to attend any hearing of the board to
give evidence or produce any document or other thing in his
possession and to examine him as a witness or require him to
produce any document or other thing in his possession.
(3) A witness summons shall be in such form as the chairman of
the board shall direct and shall be signed by the chairman.
(4) Any person who, being summoned to attend as a witness or to
produce any document or any other thing at a hearing of the board,
refuses or neglects to do so or to answer any questions put to him by
or with the concurrence of the board shall be guilty of an offence and
shall be liable on conviction to a fine of $500 and to imprisonment for 3
months:
Provided that no person shall be bound to incriminate himself and
every witness shall in respect of any evidence given by him before the
board be entitled to the privileges to which he would be entitled if
giving evidence before a court of justice.
(5) Any person-
(a)who behaves in an insulting manner or uses any threatening
or insulting expression to or in the presence of the board; or
(b) wilfully disrupts the proceedings of the board, shall be guilty
of an offence and shall be liable on conviction to a fine of $500 and to
imprisonment for 3 months.
77. (1) A parent aggrieved by-
(a) an attendance order; or
(b) any variation of an attendance order, may within 14 days of the
date of the order or the notice in writing apply to the board for a review.
(2) An application under subsection (1) may be oral or in writing.
(3) Upon a review the board may either-
(a) confirm the attendance order or the variation; or
(b) cancel the attendance order or the variation.
(4) The decision of the board shall be final.
(5) The secretary of the board shall notify the parent of the
decision of the board.
78. Any parent who without reasonable excuse fails to comply with
an attendance order (as the same may be varied from time to time) shall
be guilty of an offence and shall be liable on conviction to a fine of $500
and to imprisonment for 3 months:
Provided that
(a)if an application for a review of an attendance order is made,
no offence shall be committed until after the secretary of the
board has notified the parent under section 77(5) of the
decision on the review;
(b)if an application for a review of any variation of an attendance
order is made, no offence shall be committed, by reason of a
failure to comply with the variation, until after the secretary of
the board has notified the parent under section 77(5) of the
decision on the review.
PART VIII
INSPECTION OF
SCHOOLS
79. The Governor may by notice in the Gazette appoint by name or
office
(a)any officer of the Education Department to be an inspector of
schools;
(b)any Government medical officer to be a medical officer of
schools; and
(c) any health inspector to be a health inspector of schools.
80. The Director and any inspector of schools may inspect any
school for the purposes of ascertaining whether this Ordinance is being
complied with and whether the school is being conducted satisfactorily.
81. The Director and any inspector of schools may, for the
purposes of section 80
(a) at all reasonable times enter the premises of any school;
(b)
enter any premises in which he has reason to suspect that an
offence against this Ordinance has been or is being
committed;
(c)require any manager or teacher of a school to produce any
book, document or other article relating to the management of
the school, or to the teaching in or any other activity of the
school, or to furnish any information relating to such
management, teaching or activity;
(d)remove for further examination any book, document or other
article which he has reason to suspect is evidence of the
commission of an offence against this Ordinance, or is
evidence of a ground for the withdrawal of the approval of
any person to be a manager, or for the cancellation of the
registration of any school, manager or teacher, or for the
cancellation of the provisional registration of any school, or
for the cancellation of any permit to teach; and
(e)do such other things as are necessary for the inspection of a
school.
82. (1) The Director may, if it appears to him that-
(a) a school is not being managed satisfactorily;
(b)the education of the pupils of a school is not being promoted
in a proper manner. or
(c)any provision of this Ordinance is being or has been
contravened in respect of a school,
by notice in writing give such directions as he thinks necessary in order
that the school will be operated satisfactorily, or that the education of
the pupils of the school will be promoted in a proper manner, or that
such provision of this Ordinance will be complied with in respect of the
school.
(2) Any notice under subsection (1)
(a)may be served on the supervisor and every other manager of
the school concerned; and
(b)may specify a period of time within which the directions shall
be complied with.
83. (1) The Director may, if it appears to him that-
(a)there is any danger or risk of danger to persons in any school
premises;
(b)the conduct of the managers. teachers or pupils of a school is
or has been unsatisfactory; or
any provision of this Ordinance is being or has been
contravened in respect of a school.
by order in writing served on any manager of the school-
(i)suspend the operation of the school in the school premises, or
any part of the school premises, for such period as he thinks
fit or until further notice.. (Amended, 47 of 1980, s. 2)
(ii)prohibit the use of any place for the purposes of a school for
such period as he thinks fit or until further notice; or
(iii) give such directions and make such requirements as he thinks
necessary.
(2) The Director may, if any direction or requirement given or made
by him under subsection (1)(iii) has not been complied with to his
satisfaction, by order in writing
(a)suspend the operation of the school in the school premises, or
any part of the school premises; or (Amended, 47 of 1980,s.2)
(b) prohibit the use of any place for the purposes of the school.
until the direction or requirement is so complied with.
(3) The Director may by order in writing close any premises of a
school which is not registered or provisionally registered.
(4) The Director may, if a school is operated in any premises which
are not specified in the certificate of registration or provisional
registration of the school, by order in writing close such premises.
(5) An order made by the Director under subsection (1)(i) or (ii) or
subsection (2), (3) or (4) shall be published in the Gazette.
(6) No person shall enter or remain in-
unless-
(a)any premises or any part of any premises in which the
operation of a school has been suspended under subsection
(1) to (2); (Replaced, 47 of 1980, s. 2)
(aa) any premises or any part of any premises which have been
closed under subsection (3) or (4); or (Added, 47 of 1980,s.2)
(b)any place the use of which for the purposes of a school has
been prohibited by the Director under subsection (1) or (2),
(i) he is a public officer acting in the course of his duty; or
(ii) the Director has given him permision in writing to do so.
PART IX
GENERAL
PROVISIONS
84. (1) The Governor in Council may make regulations providing for
(a) the structure, hygiene and sanitation of school premises;
(b)the precautions to be taken against fire or other peril likely to
endanger the lives or health of pupils. and the authorizing of
officers of the Fire Services Department to enter and inspect
school premises and premises in which schools are situate
and premises in the neighbourhood of schools.,
(c) the control of entrance to and exists from school premises:
(d)
the operation of schools in premises which, by reason of the
loading for which they were designed and constructed. are
unsuitable for the purposes of a school;
(e)the health inspection of schools and school premises and
standards of hygiene to be maintained by schools;
(f)the medical examination of teachers and pupils and standards
of medical fitness for teachers;
(g)the temporary exclusion from any school of any teacher or
pupil, and any other measures necessary or desirable to
preserve; the health and well-being of teachers and pupils;
(h) the size of school classes;
(i)
the control of instruction given by schools, including
limitations on the subjects taught and the documents which
may be upon school premises and which may be used by
schools, and the preparation and contents of the syllabus to
be used by any school or schools;
(j) the methods and hours of instruction provided by schools;
(k)
the adequacy, suitability and use of school equipment,
school laboratories and school workshops;
(l)the control of activities of managers, teachers, pupils and
other persons in schools, and of pupils' associations;
(m) the prohibition of political, subversive or tendentious activities
or propaganda in schools and amongst teachers and pupils
(n)the control of the use to which school premises may be put
and of the persons who may enter school premises;
(o) school holidays;
(P)
(q)
the constitution and duties of management committees;
the keeping of school registers, time-tables and books of
account;
(r)the amount and methods of payment of fees and other
charges made by schools and the prohibition of any further
fees and charges and of any specified fees or charges,
(s)the amounts of inclusive fees which may be charged by
schools and the notification of such fees in the Gazette and
the prohibition or restriction of variations from such fees;
(sa) the approval by the Director of any scheme of fee remission,
the remission of the whole or any part of inclusive fees and
the persons who may grant such remission; (Added, 47 of 1980,
s. 3)
(t)
(u) the duties of supervisors and principals;
(v)
general matters of school management;
the giving by supervisors to the Director of such information
concerning schools and pupils therein as may be required by
the Director;
(w)the qualifications of registered teachers and permitted
teachers, and the qualifications to be held by teachers of
various classes and subjects;
(x) the control of salaries paid to teachers;
(y)discipline in schools and methods of enforcement of
discipline, and the conduct and dress of teachers and pupils,
(z) anything which is to be prescribed under this Ordinance; and
(aa) the better carrying into effect of the provisions of this
Ordinance in relation to any matter as to which it may be
convenient to make regulations.
(2) Any regulation made under this section may-
(a)prohibit the performance of specified acts without the consent
of the Director;
(b)authorize the Director to require or prohibit the performance of
specified acts; and
(c)require specified acts to be performed to the satisfaction of
the Director.
(3) Regulations made under this section may provide that a
contravention thereof shall be an offence punishable on conviction by a
fine not exceeding $5,000 and a term of imprisonment not exceeding 2
years.
(4) The Director may by notice in writing to the supervisor of any
school waive wholly or partly the requirements of any regulation in
respect of the school.
85. (1) For the purpose of maintaining any provident fund (whether
established before or after the commencement of this Ordinance) for the
benefit of teachers employed by schools to which grants in aid or
subsidies are made by the Government, the Governor in Council may
make rules providing for
(a)the objects and method of control and management and
investment of such fund;
(b)the persons or classes of persons who shall be eligible for
membership of such fund, and the persons or classes of
persons who shall be compulsory contributors to such fund;
(c) contributions to such fund, and the method of payment;
(d)the method of dealing with any contribution which may be
made by the Government to such fund;
(e)the constitution of a reserve fund to meet fluctuations in the
value of investments, and for the allocation to a reserve fund
of any investment income of the provident fund;
the method of, conditions precedent for, and authority for
withdrawals and benefits, and the permissible amount of
withdrawals and benefits;
(g)the appointment of any trustees who may be considered
necessary, and the powers and duties of the trustees; and
(h) generally for the purpose of the maintenance of such fund.
(2) Such sums as may be necessary to meet the contributions
payable by the Government to any provident fund in accordance with
rules made under subsection (1) shall be met from moneys provided by
the Legislative Council.
(3) Subject to any rules made under subsection (1), no contribution
or donation to or dividend or interest on a dividend from a provident
fund shall be assignable or transferable or liable to be attached,
sequestered or levied upon, for or in respect of any debt or claim
whatsoever.
(Amended, 72 of 1971, s. 3)
86. No person or school shall-
(a) award a degree to a person. or
(b)issue any document which could reasonably be taken as
signifying the award of a degree to a person.
87. (1) Any person who-
(a)is an owner or a manager of or a teacher in a school which is
not registered or registered provisionally;
(b)is an owner or a manager of a school which is operated in
contravention of section 19(1).
(c) contravenes section 27; or
(d) obstructs-
(i) the Director or an inspector while the Director or
inspector is carrying out an inspection of a school.
(11) any manager appointed under section 41(1) in the
performance of his functions as a manager,
(e)is an owner or a manager of a school which is operated while
its registration or provisional registration is suspended under
section 69(3);
(f)teaches in a school while its registration or provisional
registration is suspended under section 69(3);
(g)manages a school while his registration as a manager of such
school is deemed to be suspended under section 69(4);
(h)refuses to produce any book or document or other article or
to furnish any information upon being so required under
section 81, or furnishes information which is false in a material
particular and which he knows or reasonably ought to know
is false in such particular;
(i)being a supervisor or any other manager of a school, fails to
comply with any notice served on him under section 82;
(j) contravenes section 83(6); or
(k)in or in connexion with any application under this Ordinance
makes any statement or furnishes any information, whether
such statement or information be verbal or written, which is
false in any material particular and which he knows or
reasonably ought to know is false in such particular,
shall be guilty of an offence and shall be liable on conviction to a fine of
525,000 and to imprisonment for 2 years.
(2) Any person who-
(a)is a member of any management committee which contravenes
section 38(1) or section 40;
(b)not being the supervisor of a school or a member of the
management committee of a school acting under section 40,
performs any function of the supervisor of the school,
(c)not being the principal of a school, performs any function of
the principal of the school; or
(d) contravenes section 72(1) or (2),
shall be guilty of an offence and shall be liable on conviction to a fine of
510,000 and to imprisonment for 2 years.
(3) Any person who-
(a)is an owner or manager of a school which is operated in any
name other than its registered name;
(b) contravenes section 18(2) or (3);
(c) contravenes section 19(2);
(d) contravenes section 39(2) or (3);
(e) contravenes section 42(1) or (2);
employs or permits any person to teach in a school in
contravention of section 42(1) or (2);
(g)is a member of a management committee which contravenes
section 53(1) or section 57(1);
(h)teaches in a school while his registration as a teacher is
suspended under section 69(3);
(i)being a permitted teacher, teaches in a school while the permit
to teach issued in respect of him is suspended under section
69(3);
(j)employs or permits any registered teacher whose registration
is suspended under section 69(3) to teach in a school:
(k)employs or permits any permitted teacher to teach in a school
while the permit to teach issued in respect of such teacher is
suspended under section 69(3);
(1) contravenes section 71;
(m) contravenes section 86; or
(n)is an owner or a manager of a school which contravenes
section 86,
shall be guilty of an offence and shall be liable on conviction to a fine of
$5,000 and to imprisonment for 2 years.
(4) If a registered manager of a school is charged with an offence
by reason of being a member of a management committee which has
contravened a provision of this Ordinance specified in subsection (2)(a)
or in subsection (3)(g), it shall be a defence to the charge if he proves
that
(a)the other members of the management committee contravened
such provision without his knowledge or consent; or
(b)he took all reasonable steps to prevent the other members of
the management committee from contravening such provision.
88. In any prosecution for an offence against this Ordinance-
(a)if it is proved that any equipment, materials or documents of
an educational nature or suitable for the purposes of a school
were found at any place, it shall be presumed until the
contrary is proved that a school was being operated at such
place;
(b)if it is proved that any person did any act in connexion with
the organization or operation of a school, it shall be presumed
until the contrary is proved that such person took part in the
management of such school; and
(c)if it is proved that any person was in charge of or issued
instructions to any person under 21 years of age in any
school premises, it shall be presumed until the contrary is
proved that the first-mentioned person was teaching in that
school.
89. (1) A magistrate may, if satisfied that-
(a)a school which is not registered or provisionally registered is
being operated in any premises; or
(b)a school is being operated in any premises which are not
specified in the certificate of registration or provisional
registration of the school,
order that a notice in writing of the fact shall be served on the landlord
and the tenant of the premises or, if the landlord or tenant is absent or
under disability, on his attorney or agent or the rent collector of the
landlord or, if the landlord or tenant is a corporation, on the secretary
or manager of the corporation.
(2) A magistrate may at the request of any person on whom a
notice has been served in accordance with subsection (1), make an order
terminating as from the date of the order the tenancy of the premises in
which the school is being operated, and on the making of the order the
tenancy shall cease and determine for all purposes and any tenant or
occupier (other than the landlord) may be treated as a trespasser.
(3) An order under subsection (2) shall be recognized and given
effect to in any proceeding in any court.
(4) An order under subsection (2) shall be sufficient authority to
any police officer to enter at any time between the hours of 9 a.m. and 5
p.m. by force if necessary, the premises in respect of which the order is
made and to give possession of such premises to the landlord or his
agent,
(5) The powers conferred by subsection (4) shall be in addition to
and not in derogation of any power conferred by any other enactment.
(6) If, after a notice has been served in accordance with subsection
(1) on any person
(a)a school which is not registered or provisionally registered is
operated in the premises in respect of which the notice was
given; or
(b)a school is operated in the premises in respect of which the
notice was given and such premises are not specified in the
certificate of registration or provisional registration of the
school,
the person on whom the notice has been served (and the landlord or the
tenant of the premises, if the person on whom such service is made is an
attorney, agent, rent collector, secretary or manager for and on behalf of
the landlord or tenant) shall be guilty of an offence and shall be liable
on conviction to a fine of $5,000 and to imprisonment for 2 years, unless
he proves to the satisfaction of the magistrate
(a)that a request has been made to a magistrate for an order
under subsection (2); or
(b)that he did not know and had no reasonable means of
knowing that a school was being so operated on the premises.
(7) A person shall not be guilty of an offence under subsection (6)
unless a reasonable time has elapsed, following the service of the notice
in accordance with subsection (1) on him, during which a request could
have been made to a magistrate for an order under subsection (2).
(8) In this section
'landlord' includes the holder of any lease or tenancy who has sublet
his holding or any part thereof,
'tenancy' includes any sub-tenancy:
'tenant' includes any sub-tenant.
90. (1) A magistrate may, if satisfied by information on oath that
there is reasonable ground for suspecting that section 72 or section
83(6) has been or is being contravened in respect of any premises or
place. issue a search warrant authorizing any police officer named
therein to enter at any time such premises or place and to search the
premises or place and every person found therein and to remove
therefrom any person who is or is reasonably suspected to be
contravening section 72 or section 83(6).
(2) A police officer may, if he reasonably suspects that section 72
or section 83(6) has been or is being contravened in respect of any
premises or place other than a dwellinghouse
(a)enter such premises or place without a warrant, if necessary
by force;
(b)search such premises or place and every person found
therein; and
(c)remove from such premises or place any person found therein
who is or is reasonably suspected to be contravening section
72 or section 83(6).
(3) Notwithstanding subsections (1) and (2). no person shall be
searched under this section except by a person of the same sex.
91. (1) Where provision is made in this Ordinance for the Governor
in Council or a public officer to serve a notice or to cause a notice to be
served on a person, it shall be sufficient service if the notice is served
(a)by causing it to be delivered personally to the person on
whom it is to be served;
(b)by causing it to be sent by registered post to the last known
address of the person on whom it is to be served;
(c)if the person on whom it is to be served is an owner, manager,
supervisor, principal. teacher or pupil of a school, by causing
it to be sent by registered post to any premises specified in
the certificate of registration or provisional registration of the
school, or any premises in which the school is operated; or
(d)if the person on whom the notice is to be served is an owner,
manager, supervisor, principal or teacher of a school, by
causing the notice to be posted in a conspicuous place upon
or in any premises specified in the certificate of registration or
provisional registration of the school. or any premises in
which the school is operated.
(2) Without prejudice to the provisions of subsection (1), where a
notice is to be served on a person under section 89. it shall be sufficient
service if it is served by causing the notice to be posted in a
conspicuous place upon the premises to which it relates.
PART X
[Repealed, 47 of 1980, s. 4]
PART XI
SAVING AND TRANSITIONAL
PROVISIONS
99. Notwithstanding the repeal of the Education Ordinance 1952,
any appointment which has been made under either of the repealed
Ordinances and which was in effect immediately prior to the
commencement of this Part, shall continue to have effect as if, at the
date when it was made, such appointment had been made under this
Ordinance.
100. (1) Notwithstanding the repeal of the Education Ordinance
1952 (hereinafter in this subsection referred to as the 1952 Ordinance),
any application or appeal made under the 1952 Ordinance which has not
been finally determined before the commencement of this Part shall be
(a)determined in accordance with the 1952 Ordinance as if this
Ordinance had not been enacted; and
(b)deemed to have been determined under the 1952 Ordinance
immediately prior to its repeal by this Ordinance.
(2) Notwithstanding any other provision in this Ordinance, a
person who was registered as a manager of a school under either of the
repealed Ordinances and whose registration is in effect immediately
prior to the commencement of this Part shall be deemed to have been
approved to be a manager under section 24(1) of this Ordinance on the
date on which he was so registered as a manager.
Originally 52 of 1971. 72 of 1971. 23 of 1973. 34 of 1979. 47 of 1980. L.N. 76/82. 6 of 1982. 61 of 1982. 38 of 1983. 50 of 1983. 65 of 1983. 38 of 1984. 6 of 1985. L.N. 116/71. Short title. Application. (Cap. 1053.) (Cap. 1109.) (Cap. 1075.) (Cap. 320.) (Cap. 1130.) (Cap. 1130.) (Cap. 1126.) (Cap. 1132) (Cap. 1135.) Interpretation. (Cap. 123.) (Cap. 279. 1964 Ed.) (26 of 1913.) Director to promote education in Hong Kong. Delegation of Director's powers. Power of Governor to give directions. The Board of Education. Director to maintain registers. Exemption of schools from Ordinance. Schools to be registered or provisionally registered. Application for registration of school. Additional documents required where premises not designed and constructed as a school. (Cap. 123.) Registration of school. Grounds for refusal to register school. Provisional registration of school. Effect on provisional registration when application for registration is determined. Restrictions on registration and provisional registration. Certificate of registration or provisional registration. Premises in which school may be operated. Changes in design or use of premises increasing fire risk. Grounds for cancellation of registration or provisional registration of school. Application for approval to be a manager. Approval to be a manager. Grounds for refusal of approval to be a manager. Grounds for withdrawal of approval to be a manager. (Cap. 151.) Managers of schools to be registered. Application for registration of manager. Registration of manager. Grounds for refusal to register manager. Grounds for cancellation of registration of manager. Management committee to manage school. Responsibilities of management committee. Approval of first supervisor of school. Grounds for refusal to approve supervisor. Tenure of office of supervisor. Grounds for withdrawal of approval of supervisor. Approval of subsequent supervisors. Approval of acting supervisor. Duties of supervisor. Duties of management committee in absence of supervisor. Appointment of managers by Director. Teachers to be registered or permitted teachers. Director may require medical examination of proposed teacher. Application for registration as a teacher. Registration of teacher. Grounds for refusal to register teacher. Grounds for cancellation of registration of teacher. Circumstances in which application to employ permitted teacher may be made. Application to employ permitted teacher. Permit to teach. Grounds for refusal to issue permit to teach. Grounds for cancellation of permit to teach. Approval of first principal of school. Grounds for refusal to approve principal. Tenure of office of principal. Grounds for withdrawal of approval of principal. Approval of subsequent principals. Functions of principal. The Appeal Board. Director to serve notice of decision on person adversely affected. Right of appeal to Appeals Board. Procedure on appeal. Witnesses and inspections. Decision of Appeals Board. Further right of appeal to Governor in Council. Permission to operate school or to act pending appeal. Director may require interview or further information. Additional powers of Director in respect of teachers. Special powers of Governor in Council. Effect of closure under section 69 on managers and teachers. Return of invalid certificates and permits. Restrictions on entry into school premises. Interpretation of Part VII. Power of Director to order attendance at primary school or secondary school. (Cap. 47.) Board of review. Powers of board. Review by board. Enforcement of order. Appointment of inspectors. Inspection of schools. Powers of inspectors. Power of Director to direct remedial measures. Powers of Director to close school or give directions in cases of danger or misconduct. Regulations. Rules for provident funds. Prohibition of issue of degrees or documents resembling degrees. Offences and penalties. Evidence. Liability of landlord and tenant of premises in which school in unlawfully operated. Powers of police officers to enter premises and remove suspected persons. Service of notices. Saving. (Cap. 279, 1964 Ed.) Transitional provisions. (Cap. 279, 1964 Ed.)
Abstract
Originally 52 of 1971. 72 of 1971. 23 of 1973. 34 of 1979. 47 of 1980. L.N. 76/82. 6 of 1982. 61 of 1982. 38 of 1983. 50 of 1983. 65 of 1983. 38 of 1984. 6 of 1985. L.N. 116/71. Short title. Application. (Cap. 1053.) (Cap. 1109.) (Cap. 1075.) (Cap. 320.) (Cap. 1130.) (Cap. 1130.) (Cap. 1126.) (Cap. 1132) (Cap. 1135.) Interpretation. (Cap. 123.) (Cap. 279. 1964 Ed.) (26 of 1913.) Director to promote education in Hong Kong. Delegation of Director's powers. Power of Governor to give directions. The Board of Education. Director to maintain registers. Exemption of schools from Ordinance. Schools to be registered or provisionally registered. Application for registration of school. Additional documents required where premises not designed and constructed as a school. (Cap. 123.) Registration of school. Grounds for refusal to register school. Provisional registration of school. Effect on provisional registration when application for registration is determined. Restrictions on registration and provisional registration. Certificate of registration or provisional registration. Premises in which school may be operated. Changes in design or use of premises increasing fire risk. Grounds for cancellation of registration or provisional registration of school. Application for approval to be a manager. Approval to be a manager. Grounds for refusal of approval to be a manager. Grounds for withdrawal of approval to be a manager. (Cap. 151.) Managers of schools to be registered. Application for registration of manager. Registration of manager. Grounds for refusal to register manager. Grounds for cancellation of registration of manager. Management committee to manage school. Responsibilities of management committee. Approval of first supervisor of school. Grounds for refusal to approve supervisor. Tenure of office of supervisor. Grounds for withdrawal of approval of supervisor. Approval of subsequent supervisors. Approval of acting supervisor. Duties of supervisor. Duties of management committee in absence of supervisor. Appointment of managers by Director. Teachers to be registered or permitted teachers. Director may require medical examination of proposed teacher. Application for registration as a teacher. Registration of teacher. Grounds for refusal to register teacher. Grounds for cancellation of registration of teacher. Circumstances in which application to employ permitted teacher may be made. Application to employ permitted teacher. Permit to teach. Grounds for refusal to issue permit to teach. Grounds for cancellation of permit to teach. Approval of first principal of school. Grounds for refusal to approve principal. Tenure of office of principal. Grounds for withdrawal of approval of principal. Approval of subsequent principals. Functions of principal. The Appeal Board. Director to serve notice of decision on person adversely affected. Right of appeal to Appeals Board. Procedure on appeal. Witnesses and inspections. Decision of Appeals Board. Further right of appeal to Governor in Council. Permission to operate school or to act pending appeal. Director may require interview or further information. Additional powers of Director in respect of teachers. Special powers of Governor in Council. Effect of closure under section 69 on managers and teachers. Return of invalid certificates and permits. Restrictions on entry into school premises. Interpretation of Part VII. Power of Director to order attendance at primary school or secondary school. (Cap. 47.) Board of review. Powers of board. Review by board. Enforcement of order. Appointment of inspectors. Inspection of schools. Powers of inspectors. Power of Director to direct remedial measures. Powers of Director to close school or give directions in cases of danger or misconduct. Regulations. Rules for provident funds. Prohibition of issue of degrees or documents resembling degrees. Offences and penalties. Evidence. Liability of landlord and tenant of premises in which school in unlawfully operated. Powers of police officers to enter premises and remove suspected persons. Service of notices. Saving. (Cap. 279, 1964 Ed.) Transitional provisions. (Cap. 279, 1964 Ed.)
Identifier
https://oelawhk.lib.hku.hk/items/show/3074
Edition
1964
Volume
v17
Subsequent Cap No.
279
Number of Pages
52
Files
Collection
Historical Laws of Hong Kong Online
Citation
“EDUCATION ORDINANCE,” Historical Laws of Hong Kong Online, accessed April 29, 2025, https://oelawhk.lib.hku.hk/items/show/3074.
