POST SECONDARY COLLEGES ORDINANCE ORDINANCE

POST SECONDARY COLLEGES ORDINANCE ORDINANCE

LAWS OF HONG KONG

POST SECONDARY COLLEGES ORDINANCE

CHAPTER 320

Cl

REVISED EDITION 1964

PRINTED AND PUBLISHED BY THE GOVERNMENT PRINTER
HONG KONG





CHAPTER 320.

POST SECONDARY COLLEGES ORDINANCE.

ARRANGEMENT OF SECTIONS.
section. Page.
1. Short title ... ... ... ... ... ... ... ... ... ... ... ... ... ... 2
2. Interpretation ... ... ... ... ... ... ... ... ... ... ... ... ... 2
3. Registers ... ... ... ... ... ... ... ... ... ... ... ... ... ...
2
4. Requirements for registration ... ... ... ... ... ... ... ... ... ... 2
5. Effect of registration ... ... ... ... ... ... ... ... ... ... ... ... 3
6. Refusal of registration and cancellation ... ... ... ... ... ... ... 3
7. Visits ... ... ... ... ... ... ... ... ... ... ... ... ... ... ...
4
8. Name of College ... ... ... ... ... ... ...
... ... ... ... ... 5
9. Evening colleges ... ... ... ... ... ... ...
... ... ... ... ... 5
10. Award of diplomas and certificates ... ... ... ... ... ... ... ... 5
11. Research and special studies ... ... ... ... ... ... ... ... ... ... 5
12. Regulations ... ... ... ... ... ... ... ... ...
... ... ... ... ... 5





CHAPTER 320.

POST SECONDARY COLLEGES.

Toprovide for the registration and control of certain Post
Secondary Colleges and their consequent exemption from the
provisions of the Education Ordinance and for other matters
connected therewith.

[20th May, 1960.]

1. This Ordinance may be cited as the Post Secondary Colleges
Ordinance.

2. In this Ordinance, unless the context otherwise requires-

'College' means a Post Secondary College registered under this
Ordinance, and such College should be known as an Approved
Post Secondary College;

'Board of Governors' includes a Board of Trustees where such a body
exists in place of a Board of Governors;

'Director' means the Director of Education.

3. For the purposes of this Ordinance the Director shall keep the
following registers

(a) a register of Colleges;

(b) a register of members of Boards of Governors;

(c) a register of members of College Councils;

(d) a register of teachers in Colleges.

4. A Post Secondary College shall be eligible for registration under
~on 3 and thereafter to remain on the register where the ~or is satisfied
as to

(a)the composition of the Board of Governors. College Council
and teaching stag being such as to ensure satisfactory
academic and general standards and conduct;

(b)the constitution. statutes or other instruments which govern
the Post Secondary College; (Amended, 37 of 1962, s. 2)

(c)the courses offered being suitable in all respects for Post
Secondary Colleges meeting a community need and including
major courses extending over at least four years;

(d)the equipment laboratories. library and general facilities being.
adequate for the courses offered;

(e)the number, qualifications, remuneration and conditions of ~cc
of the Post Secondary College staff;





the premises being adequate for the purposes of a Post
Secondary College and being m all ways suitable and safe for
such purposes;

(g)the conditions as to age and attainments of the students
qualifying for admission. the standard of instruction and the
final examination standards;

(h)the number of students being admitted having regard to the
maintenance of status and standards, facilities available and
community need;

Wstudents being admitted without favour being shown on
grounds of race. nationality or religion save where on the
application of the Post Secondary College the Director
approves of an exception in favour of a class of persons
holding a particular religious faith;

(1)the Post Secondary College being free from affliation with or
control by any foreign government, foreign organization or
political group and the students teachers and officers
refraining from political propaganda and from any undesirable
political activity and from any other activity whatsoever which
the Director considers inimical to the interests of the College;

(k)adequate provision being made in the Post Secondary College
for the encouragement of corporate and social life and for
recreation;

(1) the finances of the Post Secondary College;

(m) the legal status of the Post Secondary College which shall be a
corporation unless other arrangements are made, to the
approval of the Director, for the proper discharge of legal
obligations and safeguarding of rights of the College;

(n)the College complying m all respects with the provisions of
this Ordinance.

5. So long as a College remains registered under section 3 it shall be
exempt from the provisions of the Education Ordinance.

6. (1) The Director may refuse to register or may cancel the
registration of

(a)any Post Secondary College where he is not satisfied in
respect of any of the matters specified in section 4,

(b)any person as a member of a Board of Governors or College
Council or as a teacher where it appears to him that such
person is not a fit and proper person to act in that capacity or
that such person fails to comply with the provisions of this
Ordinance.





(2) The Director shall cancel the registration of-

(a)any College where it appears to him that such College has
ceased to function or where the Chairman of the Board of
Governors, on the instructions of the Board of Governors,
requests cancellation;

(b)any person from the register of members of Boards of
Governors or College Councils or teachers where such person
ceases to act in that capacity.

(3) The Director shall give notice in writing of any refusal to
register or of any cancellation to the Post Secondary College or person
concerned.

(4) Where the Director refuses to register or cancels a registration
under subsection (1) the Post Secondary College or person concerned
may within twenty-one days of the receipt of the notice under
subsection (3) appeal by way of petition to the Governor in Council, and
the decision of the Governor in Council shall be final.

(5) For the purpose of considering a petition and determining the
appeal the Governor in Council may appoint a tribunal to inquire into the
matters raised in such petition. and may empower such tribunal to hear
evidence and do all other such things as are necessary for its due
inquiry. Any tribunal so appointed shall conduct its inquiry in private
and submit a report in writing to the Governor in Council.

(6)(a) In addition to the powers of the Director under subsection
(1) the Governor in Council may order the Director to refuse to
register or to cancel the registration of any Post Secondary
College or of any person as a member of a Board of Governors
or College Council or as a teacher where it appears to the
Governor m Council that the registration or the continued
registration of such College or person would be prejudicial to
the public interest, to the welfare of students or to education
generally.

(b)Before making any order under this subsection the Governor
m Council shall afford to the Post Secondary College or
person concerned the opportunity to submit any
representations m writing which shall be considered by the
Governor in Council.

7. For the purposes of this Ordinance, and for the purpose of
ensuring compliance with any conditions attaching to financial
assistance from Government, the Director and any person authorized by
him in writing m that behalf. may visit any College. and shall be afforded
all reasonable facilities and information by the College and the teachers
and officers.





8. (1) Every College shall be registered under such name in both
English and Chinese as may be approved by the Director. who shall not
without the prior sanction of the Governor in Council approve any name
containing the word 'University', or the Chinese words 'Tai Hok' or
'Hok Yuen'

(2) No College may use any name other than its registered name.

9. (1) Where any Post Secondary College provides courses in the
evening of a like nature to those provided in a College, such Post
Secondary College may be required by the Director to include the word
'Evening in its name.

(2) Every Post Secondary College so required shall be deemed a
separate College and shall be required to register as such,
notwithstanding that it is registered as a College in respect of the
courses conducted during the day.

10. Colleges registered under this Ordinance and Post Secondary
Colleges registered under the Education Ordinance, may award College
diplomas and College certificates but shall not award degrees or issue
any document which could reasonably be taken as signifying the award
of a university degree.

11. Colleges may establish institutes or departments of research or
special studies with the approval m writing of the Director, who in
giving his approval shall take into consideration the need for any such
institute or department and the ability of the College to maintain
satisfactory standards therein with reference to the adequacy of the
teaching staff, equipment and general facilities.

12. (1) The Governor in Council may by regulation provide for

(a)the provisions required to be in college constitutions
including provisions relating to the composition of Boards of
Governors, College Councils, Academic Boards and Faculty
Boards, the officers and academic staff with their conditions
of service and generally for the administration of the College;

(b) the conduct of the affairs of the College;

(c) forms;

(a)generally for the carrying into effect of the provisions of this
Ordinance.

(2) The Director may exempt any College, officer, teacher or student
thereof from any of the provisions of any regulations made under this
section.
Originally 15 of 1960. 37 of 1962. Short title. Interpretation. Registers. Requirements for registration. Effect of registration. (Cap. 279.) Refusal of registration and cancellation. Visits. Name of College. Evening Colleges. Award of diplomas and certificates. (Cap. 279.) Research and special studies. Regulations.

Originally 15 of 1960. 37 of 1962. Short title. Interpretation. Registers. Requirements for registration. Effect of registration. (Cap. 279.) Refusal of registration and cancellation. Visits. Name of College. Evening Colleges. Award of diplomas and certificates. (Cap. 279.) Research and special studies. Regulations.

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