VOCATIONAL TRAINING COUNCIL ORDINANCE

VOCATIONAL TRAINING COUNCIL ORDINANCE

LAWS OF HONG KONG

VOCATIONAL TRAINING COUNCIL ORDINANCE

CHAPTER 1130





CHAPTER 1130

VOCATIONAL TRAINING COUNCIL ORDINANCE

ARRANGEMENT OF SECTIONS

Section .................................. Page

PART 1

PRELIMINARY

1. Short title................................ ... ... ... ... ... ... ... ... 2
2. Interpretation................. ....... ... ... ... ... ... ... ... ... 2

3. Application ...................... ... ... ... ... ... ... ... ... ... 3

PART 11

VOCATIONAL TRAINING COUNCIL

4. Establishment of the Vocational Training Council ... ... ... ... ... ... 3

5. Objects of the Council ................. ... ... ... ... ... ... ... ... 3
6. Functions of the Council ............... ... ... ... ... ... ... ... ... 3

7. Delegation ................................ ... ... ... ... ... ... ... 6

PART Ill

MEMBERSHIP, EXECUTIVE, BOARDS AND COMMITTEES

8. Membership of the Council .............. ... ... ... ... ... ... ... 6

9. Director ............................... ... ... ... ... ... ... ... ... 6

10. Establishment, membership and functions of training boards and general com-

mittees .............................. ... ... ... ... ... ... ... 7

11.............................Establishment and membership of council committees ... ... ... ... ... 7

PART IV

FINANCIAL PROVISIONS

12.....................Funds and property of the Council ... ... ... ... ... ... ... ... ... 7

13.........................Rights and obligations of technical institutes ... ... ... ... ... ... ... 7

14..................Estimates and financial year ... ... ... ... ... ... ... ... ... ... 7

Is................Supplementary estimates ..... ... ... ... ... ... ... ... ... ... ... 8

16..............Investment of funds ........... ... ... ... ... ... ... ... ... ... ... 8

17..........Accounts .......................... ... ... ... ... ... ... ... ... 8

18.......Audit ...................... ... ... ... ... ... ... ... ... ... ... 8

19. Statements and reports to be sent to Governor and laid on table of Legislative

Council .................................. ... ... ... ... ... 8

PART V







GENERAL AND MISCELLANEOUS

20. Power of the Council to make rules ... ... ... ... ... ... ... ... ... ... 9
21. Council not servant or agent of the Crown ... ... ... ... ... ... ... ... 9
22. Council to be subject to directions of the Governor in Council ... ... ... ... 9
23. Authenticity and admissibility in evidence of document under seal ... ... ... 9





CHAPTER 1130

VOCATIONAL TRAINING COUNCIL

To provide for the establishment, functions and management of a
Vocational Training Council and for purposes connected

therewith.
[Sections 1 to 6(1), paragraphs (a) to (g) of
section 6(2), sections 7 to 12 and sections
14 to 23 26 February 1982.
Paragraphs (h) to (w) of section 6(2) and
section 13 1 April 1982.]

PART 1

PRELIMINARY

1. This Ordinance may be cited as the Vocational Training Council
Ordinance.

2. In this Ordinance, unless the context otherwise requires

'Chairman' and 'Deputy Chairmen' mean respectively the Chairman
and Deputy Chairmen of the Vocational Training Council appointed
under section 8,

'Council' means the Vocational Training Council established by
section 4;

'council committee' means a committee established under section 11;

'Director' means the Director of Technical Education and Industrial
Training; and 'Deputy Director' and 'Assistant Director' mean
respectively a Deputy Director of Technical Education and
Industrial Training and Assistant Director of Technical Education
and Industrial Training;

'financial year' means the period fixed as the financial year of the
Council under section 14(2);

'functions' includes powers and duties;

'general committee' means a committee established under section 10;

'industry' includes commerce and services;

'industrial training' means training given or received in the course or
for the purpose of employment in industry;

'industrial training centre' means a place where industrial training is
provided by or on behalf of the Council;

'technical education' means education provided by a technical

C

institute;





'technical institute' means any of the following institutes-

(a) the Kwun Tong Technical Institute;

(b) the Haking Wong Technical Institute;

(e) the Lee Wai Lee Technical Institute;

(d 1) the Kwai Chung Technical Institute;

(e) the Morrison Hill Technical Institute; or

any other institute established, operated or managed by the
Council,

but does not include an industrial training centre;

'trade' means any trade or occupation in industry; 'training
board' means a board established under section 10.

3. The Education Ordinance shall not apply in respect of any
technical institute or industrial training centre.

PART II

VOCATIONAL TRAINING COUNCIL

4. (1) There is hereby established a council, to be known as the
Vocational Training Council, which shall in that name be a body
corporate with perpetual succession and shall be capable of suing and
being sued.

(2) The Council shall have a common seal, the affixing of which
shall be authenticated by the signature of any 2 members of the
Council.

5. The objects of the Council shall be-

(a)to advise the Governor on the measures required to ensure a
comprehensive system of technical education and industrial
training suited to the developing needs of Hong Kong;

(b)to institute, develop and operate schemes for training
operatives, craftsmen, technicians and technologists needed
to sustain and improve industry;

(e)to establish, operate and maintain technical institutes and
industrial training centres.

6. (1) The Council shall-

(a)consider and report to the Governor on any matter concerning
technical education or industrial training referred to it by the
Governor;

(b)report to the Governor annually or as often as he may direct;





(c)examine and make recommendations to the Governor on the
financial needs of technical institutes and industrial training
centres;

(d)operate and maintain any technical institute assigned to it by
the Government;

(e) keep under review-

(i) the needs of industry for trained manpower,

(ii) the availability of trained manpower to meet the needs of
industry;

(iii) the facilities available to train the manpower needed by
industry;

(iv) the provision by employers of industrial training and
apprenticeships; and

(v) the adequacy of industrial training provided by
employers for trainees and apprentices and the measures to be
taken to promote and improve such training;

consider and recommend which trades should be specified by
the Governor to be designated trades under section 45 of the
Apprenticeship Ordinance; and

(g)consider and approve. if thought fit, recommendations from
training boards and general committees for training courses.

(2) The Council may do all things that are necessary for. or
incidental or conducive to, the better carrying out of the objects of the
Council and may in particular. but without prejudice to the generality of
the foregoing

(a)consult with the Government and with any interested person
on any matter pertaining to technical education or industrial
training;

(b) conduct or commission research into any aspect of

technical education or industrial training;'

(c)receive and consider suggestions or proposals for the
development of technical education and industrial training;

(d)specify the skills and operations to be taught to persons
undergoing industrial training;

(e)devise training programmes, examinations and tests for any
trade;

recommend the minimum standard of education 11 to be
attained by persons as a pre-requisite to their undergoing
technical education or industrial training;

(g)disseminate training materials and information on matters kept
under review under subsection (1);





(h)establish, operate and maintain technical institutes and
industrial training centres;

(i)provide or approve training courses and other facilities for
technical education and industrial training;

(j)help candidates for industrial training to find suitable
training facilities;

(k)establish standards of skill to be achieved in any particular
trade, conduct examinations and tests in respect of any
trade and award certificates of attendance and competence;

(4with the approval of the Chief Secretary make use of
personnel, facilities and services of any department of the
Government;

(m)allocate funds of the Council to any person for the purpose
of providing any training course approved by the Council
other than a training course which that person is
responsible for providing under any other Ordinance or is
providing in order to meet his own requirements for
trained personnel;

(n) employ staff and remunerate them;

(o)engage technical and professional advisers to advise on
any matter arising out of or connected with any of the
functions of the Council, and remunerate them;

(p)pay allowances to persons attending courses provided or
approved by the Council;

(q)pay allowances to persons partaking in the provision of
training courses provided or approved by the Council;

(r)pay such expenses as it thinks fit to any member, other
than a public officer, of the Council, of a council corn-
mittee or of a training board or general committee;

(s)acquire, hold and lease any property required for the
discharge of its functions under this Ordinance and, sub-
ject to the terms and condition upon which such property
is held, dispose of it;

(t)receive funds and donations lawfully given and consistent
with its objects under this Ordinance;

(u)with the approval of the Financial Secretary borrow or
otherwise raise money on such security as may be neces-
sary, and, for that purpose, charge all or any part of the
property of the Council;

(v)charge fees for any services or the use of any facility
provided by the Council; and

(w)enter into any contract in furtherance of its objects or the
exercise of its functions.





7. (1) The Council may, either generally or in any particular

case, delegate to any training board or general committee, any
council committee or any public officer the performance or 11 exercise
on its behalf of any of its functions under this Ordinance.

(2) Where any function of the Council under this Ordinance is
performed or exercised by a board, committee or public officer referred
to in subsection (1), the performance or exercise shall, unless the
contrary is proved, be deemed to have been duly delegated to that
board, committee or public officer as the case may be.

PART Ill

MEMBERSHIP, EXECUTIVE. BOARDS AND
COMMITTEES

8. (1) The Council shall consist of the following members-

(a),such number of persons other than public officers, not
exceeding 18, as the Governor may appoint;

(b)such number of public officers, not exceeding 4, as the
Governor may appoint.

(2) The Governor shall appoint a Chairman of the Council from
those members appointed under subsection ( 1 )(a).

(3) The Governor shall appoint such number of Deputy Chairmen of
the Council as he may think fit from those members appointed under
subsection (1).

(4) Every member of the Council who is a public officer shall hold
office at the pleasure of the Governor.

(5) Without prejudice to section 42 of the Interpretation and
General Clauses Ordinance, every member of the Council who is not a
public officer shall be appointed for such period as the Governor may
determine and may from time to time be reappointed.

(6) Any member of the Council who is not a public officer may at
any time, by notice in writing to the Governor, resign from the Council.

(7) If any member of the Council is absent from Hong Kong or is for
any other reason unable to exercise the powers or perform the duties of
his office as a member. the Governor may appoint another person to be a
temporary member of the Council during the absence or incapacity of
that member.

(8) All appointments made under subsection (1), (2), (3) or (7) shall
be published by notice in the Gazette.

9. (1) The Director shall be the chief executive of the Council.

(2) The Director and, with the consent of the Chairman. a Deputy
Director or Assistant Director may attend any meeting of any council
committee. training board or general committee.





10. (1) The Governor may, on the advice of the Council,
establish training boards and general committees.

(2) The Governor shall appoint the chairman and members of
any training board or general committee, none of whom need be a
member of the Council.

(3) Training boards and general committees shall perform
such functions as the Council may decide and shall report to the
Council as often as the Council may decide.

11. The Council may establish council committees to assist it
to perform 'Its functions and shall appoint the chairman and mem-
bers of any such committee. of which at least two thirds of the
membership shall be members of the Council.

PART IV

FINANCIAL PROVISIONS

12. The funds and property of the Council shall consist of-

(a)all money's appropriated by the Legislative Council for the
purposes of the Council:

(b) all moneys lawfully received by the Council by way of
grants, loans, funds, donations. fees, rent or interest;

(c.)all moneys derived from the sale of any property held by or
on behalf of the Council; and

(d) all property and assets lawfully acquired by the Council.

13. (1) All contractual and other rights exercisable or enforce-
able by or on behalf of the technical institutes before the com-
mencement of this Ordinance shall on the commencement thereof
become and be exercisable and enforceable by the Council.

(2) On the commencement of this Ordinance the Council shall
become liable for all debts and liabilities and for the performance of
all contractual and other obligations incurred by or on behalf of the
technical institutes before the commencement of this Ordinance.

14. (1) In each financial year, before a date to be fixed by
the Governor, the Council shall submit to the Governor for his
approval a programme of its proposed activities and estimates of its
receipts and payments for the next financial year:

Provided that the programme and estimates for the first finan-
cial year of the Council *shall be submitted as soon as practicable
after the commencement of this Ordinance.

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





15. During any financial year the Council may, for the purpose of
implementing its programme of proposed activities submitted and
approved under section 14(1), submit supplementary estimates to the
Governor for his approval.

16. All funds ot the Council not immediately required shall be
invested in such investments as may be approved by the Financial
Secretary.

17. (1) The Council shall keep proper accounts and records of all
receipts and payments.

(2) The Director of Accounting Services may give to the Council
such directions as he thinks fit with respect to the keeping of accounts
and records referred to in subsection (1) and the Council shall comply
with any such direction.

(3) After the end of each financial year the Council shall cause to
be prepared a statement of receipts and payments of the Council during
that financial year and a statement of the assets and liabilities of the
Council on the last day thereof, which statements shall be signed by the
Chairman.

18. (1) The Director of Audit shall be entitled at any time to have
access to all books of account, vouchers and other financial records of
the Council and to require such information and explanations thereon as
he thinks fit.

(2) The Council shall. within the period of 4 months, or such longer
period as the Governor may determine, after the close of each financial
year, send to the Director of Audit the statements prepared under
section 17(3).

(3) The Director of Audit shall-

(a)audit the accounts of the Council and the statements received
by him under subsection (2);

(b)subject to such report, if any, as he thinks fit, certify the
statements; and

(c)send to the Council the certified statements together with his
report, if any.

19. (1) The Council shall, within the period of 7 months, or such
longer period as the Governor may determine, after the close of each
financial year. submit to the Governor a report of its activities during that
financial year together with the statements and any report sent to it by
the Director of Audit under section 18(3).

(2) The Governor shall cause the reports and statements received
by him under subsection (1) to be laid on the table of the Legislative
Council.





PART V

GENERAL AND MISCELLANEOUS

20. The Council may make rules not inconsistent with this
Ordinance for all or any of the following matters

(a)the regulation of its proceedings and the proceedings of any
council committee. training board or general committee;

(b) the regulation and control of its finances;

(c)the regulation of the conditions and terms of employment and
the discipline of persons employed or engaged under section
6(2);

(d)the regulation of the conduct and discipline of students at
technical institutes and trainees at industrial training centres;
and

(e)the better carrying out of its objects and exercise of its
functions under this Ordinance.

21. The Council is not the servant or agent of the Crown and does
not enjoy any status. immunity or privilege of the Crown.

22. (1) The Governor in Council may give to the Council such
directions as he thinks fit with respect to the exercise of its functions
under this Ordinance and the Council shall comply with any such
direction.

(2) The Governor in Council may delegate to a public officer the
powers conferred upon him by this section.

23. Any document purporting to be a document duly executed
under the common seal of the Council shall, unless the contrary is
proved, be deemed to be a document so executed and shall be received
in evidence without further proof.
Originally 6 of 1982 L.N. 65/82 Short title Interpretation Application Establishment of the Vocational Training Council Object of the Council Functions of the Council Delegation Membership of the Council Director Establishment membership and functions of training boards and general committees Establishment and membership of council committees Funds and property of the Council Rights and obligations of technical institutes Estimates and financial year Supplementary estimates Investment of funds Accounts Audit Statements and reports to be sent to Governor and laid on table of Legislative Council Power of the Council to make rules Council not servant or agent of the Crown Council to be subject to directions of the Governor in Council Authenticity and admissibility in evidence of document under seal

Originally 6 of 1982 L.N. 65/82 Short title Interpretation Application Establishment of the Vocational Training Council Object of the Council Functions of the Council Delegation Membership of the Council Director Establishment membership and functions of training boards and general committees Establishment and membership of council committees Funds and property of the Council Rights and obligations of technical institutes Estimates and financial year Supplementary estimates Investment of funds Accounts Audit Statements and reports to be sent to Governor and laid on table of Legislative Council Power of the Council to make rules Council not servant or agent of the Crown Council to be subject to directions of the Governor in Council Authenticity and admissibility in evidence of document under seal

https://oelawhk.lib.hku.hk/items/show/3608

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