THE OPEN LEARNING INSTITUTE OF HONG KONG ORDINANCE

THE OPEN LEARNING INSTITUTE OF HONG KONG ORDINANCE

LAWS OF HONG KONG


THE OPEN LEARNING INSTITUTE
OF HONG KONG ORDINANCE

CHAPTER 1145
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CHAPTER 1145

THE OPEN LEARNING INSTITUTE OF HONG KONG ORDINANCE

ARRANGEMENT OF SECTIONS

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

PART I

PRELIMINARY

1. Short title ............................6
2. Interpretation .........................6

PART II

THE OPEN LEARNING INSTITUTE OF HONG
KONG

3. Establishment and object of the Institute 8
4. Powers of the Institute ................8
5. Directions of the Governor in Council .12

PART III

THE PRESIDENT AND THE
COUNCIL

6. The President .........................12
7. The Council and its functions .........12
8. Membership of the Council .............12
9. Committees of the Council .............14
10...Meetings and procedures of the Council 16

PARTIV

DIRECTOR AND DEPUTY
DIRECTOR

11.Appointment of Director and Deputy Director 16
12.Power of the Council to delegate to the Director 18
1989 ED CAP 1145 3




Section Page
PART V
ACADEMIC BOARD

13. Academic Board of the institute .....18

PART VI

ACCOUNTS AND
REPORTS

14.......................................Accounts 20
15.......................................Auditors 20
16.......................................Statements and reports 22

PART VII

GENERAL

17.......................................Unauthorized use of title of the Institute 22
18.......................................Power ofthe Council to make rules 22
19.......................................Admissibility of documents 24

Schedule. Provisions with respect to meetings and procedures ofthe Council 26
1989 ED CAP 1145 5




CHAPTER 1145

THE OPEN LEARNING INSTITUTE OF HONG KONG

To establish The Open Learning Institute of Hong Kong as a body corporate for
the provision in Hong Kong of opportunities for higher education by means of
open learning, and to provide for related matters.

[20 June 1989] L.N. 178 of 1989

Originally 22 of 1989 - L.N. 176 of 1989

PART I

PRELIMINARY

1. Short title

This Ordinance may be cited as The Open Learning Institute of Hong

Kong Ordinance.

2. Interpretation

In this Ordinance, unless the context otherwise requires

'Academic Board' means the Academic Board of the Institute
established under section 13.

'Chairman' (19) and 'Deputy Chairman'mean respectively the
Chairman and Deputy Chairman of the Council appointed under sec-
tion 8(2);

'committee' means a committee of the Council established under section 9;

'contributing institution'means any institution of higher education,
in or outside Hong Kong, which in the opinion of the President has made
or is likely to make a substantial contribution of equipment, facilities or
academic materials for use in courses of study provided by the Institute;

'Council' means the Council of the Institute established under section 7;

'Director' and 'Deputy Director' mean respectively the Director and Deputy
Director of the Institute appointed under section 11 (1);
1989 ED CAP 1145 7




'financial year' means the period from 1 April in any year to the following 31
March, both days inclusive, or such other period as the Council may under
section 14(3) fix to be the financial year of the Institute;

'funded institution'means an institution of higher education
which is financed wholly or in part by funds allocated by the University
and Polytechnic Grants Committee;

'Institute' means The Open Learning Institute of Hong Kong established by
section 3(1);

,,open learning'means a system of higher education which uses
a variety of instructional means and which provides educational
opportunities for suitable persons regardless of their previous academic
attainments;

'President' means the President of the Open Learning Institute under section 6.

PART II

THE OPEN LEARNING INSTITUTE OF HONG
KONG

3. Establishment and object of the Institute

(1) There is established an institute to be known as The Open Learning
Institute of Hong Kong which shall be a body corporate with power to sue and be
sued.

(2) The object of the Institute is to provide in Hong Kong opportunities for
higher education by means of open learning and thereby to advance learning and
knowledge, and enhance economic and social development, in Hong Kong.

4. Powers of the Institute

The Institute may, in furtherance of its object

(a)plan degree and other academic award programmes, either on its own
or in conjunction with other institutions of higher education;

(b)either on its own or in conjunction with any other person, produce,
develop, acquire and provide courses of study using a variety of
instructional means;

(e)admit to courses of study suitable persons, regardless of their
previous academic attainments;
1989 ED CAP 1145 9




(d)confer and revoke degrees and other academic awards including
honorary degrees and honorary awards;
(e)provide, whether for profit or otherwise, advisory, consultancy,
research and other related services;
take on lease, purchase or otherwise acquire, and hold, manage
and enjoy property of any description, and sell, let or otherwise
dispose of the same;
(g)appoint such persons to be employees, advisers or consultants of
the Institute as it thinks fit, either on a full or part time basis, and
decide the terms of remuneration and conditions of service of
such persons;
(h) provide for its students and employees appropriate amenities;
(i) invest its funds in such manner and to such extent as it thinks fit;
(j)borrow money in such manner and on such security or terms as
may be expedient;
(k)apply for and receive any grant in aid on such terms as may be
expedient;
(1)solicit and receive gifts, whether on trust or otherwise, and act as
trustee of moneys or other property vested in it on trust;
(m)fix fees and charges for courses of study, facilities and other
services provided by it and specify conditions for the use of such
facilities and services;
(n)reduce, waive or refund such fees or charges either generally or in
any particular case or class of cases;
(o)pay the reasonable travelling and accommodation expenses
of any member of the Council, of the Academic Board or of
any committee incurred in connection with his duties as such
member;
(p)agree with contributing institutions and other persons suitable
terms for the provision of equipment, facilities or academic
materials used in courses of study provided by the Institute;
(q)enter into partnership or any other form of joint venture with any
person;
(r)acquire, hold and dispose of interests in other bodies corporate
and form or take part in forming bodies corporate;
(s)print, sell, reproduce or publish or arrange for the printing, sale,
reproduction or publication of any manuscript, book, play,
music, poster, advertisement or other material, including video
and audio material and computer software;
(t)do such other things as are provided for by this Ordinance or as
are necessary for, or incidental or conducive to, the furtherance
of the object of the Institute.
1989 ED CAP 1145 11




5. Directions of the Governor in Council

(1) The Governor in Council may give to the Institute directions not
inconsistent with this Ordinance with respect to the exercise of its powers or the
achievement of its object, either generally or in any particular case.

(2) In the exercise of its powers and the achievement of its object the Institute
shall comply with any directions given by the Governor in Council under
subsection (1).

PART III

TBE PRESIDENT AND THE
COUNCIL

6. The President

(1) There shall be a President of the Institute who shall be the head of the
Institute.

(2) The Governor shall be the President of the Institute.

7. The Council and its functions

There shall be a Council of the Institute which, subject to this Ordinance

(a) shall be the executive governing body of the Institute;

(b)shall have general control over the administration of the Institute
and the conduct of its affairs; and

(c)on behalf of the Institute, may exercise any of the powers conferred
and shall perform all of the duties imposed by law on the Institute.

8. Membership of the Council

(1) The Council shall consist of

(a) the Director;

(b) the Deputy Director, if any;

(c)at least one but not more than 3 public officers appointed by the
Governor;

(d)at least one but not more than 3 persons nominated by the Academic
Board from among its members and appointed by the President;

(e)1 person nominated by each funded institution which wishes to
make such nomination and appointed by the President;
1989 ED CAP 1145 13




at least 1 but not more than 3 persons appointed by the President
from contributing institutions which are not funded institutions;

(g) at least 11 but not more than 14 other persons appointed by the

President, who shall be neither public officers nor employees of
the Institute, and of whom-

(i)at least 6 shall be persons considered by the President to have
had relevant experience in commerce or industry in Hong Kong;

(ii) at least 3 shall be persons considered by the President to have
had relevant experience in higher education either in Hong
Kong or elsewhere; and

(iii) at least 2 shall be persons considered by the President to have
had relevant experience in Hong Kong other than in commerce,
industry or higher education.

(2) The President shall appoint, from among those members appointed under
subsection (1)(g)(i) or (iii)-

(a) the Chairman of the Council;

(b) the Deputy Chairman of the Council; and

(c) the Treasurer of the Council.

(3) A member of the Council appointed under subsection (1)(c) shall hold
office at the Governor's pleasure.

(4) A member of the Council appointed under subsection (1)(d), (e), or (g)

(a) shall be appointed for 3 years or such lesser period as the

President may specify in any particular case;

(b) may resign by giving notice in writing to the President;

(c) may be reappointed.

(5) Notice of all appointments under this section shall be published in the
Gazette.

(6) Unless this Ordinance otherwise provides, sections 42, 49 and 50 of the
Interpretation and General Clauses Ordinance (Cap. 1) shall apply to appointments
made under this section.

9. Committees of the Council

(1) The Council may, in furtherance of its object, establish, and appoint the
members of, such committees as it thinks fit and any such committee may consist
partly of persons who are not members of the Council.

(2) The chairman of every committee shall be appointed by the Council from
among the members of the Council.

(3) The Council may in writing, with such restrictions or conditions as it thinks
fit, delegate to a committee any of its functions, including the appointment of an
acting Director or acting Deputy Director under section 11, except
1989 ED CAP 1145 15 (a) its functions under section 7(a) and (b);
(b) the appointment or dismissal of the Director or Deputy Director;
(c) decisions on terms of remuneration and conditions of service for
employees of the Institute;
(d) the duty to cause fiancial statements to be prepared as required
by section 14(2);
(e) approval of the report required to be submitted to the Governor
under section 16(1);
(f) the making of rules under section 18;
(g) the power to establish committes under this section or to
appoint members to such committes;
(h) any function delegated to the Director under section 12.
(4) Unless rules made under section 18 otherwise provide, section 48
to 52 of the Interpretation and General Clauses Ordinance (Cap.1) shall apply
to every committee and to the appointment of members to any committee.
(5) Subject to this section and to any rules made under section 18, a
committee established under this section may regulate its own procedure.

10. Meetings and procedures of the Council

(1) The Schedule shall have effect with respect to the meetings and
procedures of the Council.
(2) Subject to this Ordinance, the Council may regulate its own
procedure.

Part IV

DIRECTOR AND DEPUTY DIRECTOR

11. Appointment of Director and Deputy Director

(1) The Council shall appoint a Director of the Institute, and may
appoint a Deputy Director of the Institute, on such terms of remuneration and
conditions of service as it may decide.

(2) The Director shall, subject to any rules made under section 18 and
to any directions of the Council, be responsible for the management and
administration of the Institute and for the discipline of students and employees
thereof.

(3) The Deputy Director, if any, appointed under subsection (1) shall
perform such duties as the Director may specify and shall during the incapacity
or absence from Hong Kong of the Director, or if the office of Director is
temporarily vacant, perform the functions of the Director.
1989 ed cap 1145 17




(4) During any period when the Deputy Director is performing the functions of
the Director, or during the incapacity or absence from Hong Kong of the Deputy
Director, the Council may appoint any person to act as Deputy Director.

(5) If no Deputy Director is appointed under subsection (1) then, during the
incapacity or absence from Hong Kong of the Director, or if the office of Director is
temporarily vacant, the Council may appoint any person to act as Director.

(6) The appointment or dismissal of the Director or Deputy Director shall be
effected by a resolution passed by not less than two-thirds of the members of the
Council who are competent to vote on the matter.

(7) A member of the Council appointed under section 8(1)(d) shall not
participate in any deliberation or vote on the appointment or dismissal of the
Director or Deputy Director.

(8) The Director or Deputy Director may be dismissed from office only on the
ground of misconduct, incompetence, inefficiency or for other good cause.

12. Power of the Council to delegate to the Director

The Council may in writing, with such restrictions or conditions as it thinks fit,
delegate to the Director any of its functions which under section 9(3) it may
delegate to a committee, except the appointment of an acting Director or acting
Deputy Director.

PART V

ACADEMIc
BOARD

13. Academic Board of the Institute

(1) There shall be an Academic Board of the Institute whose functions shall be
to

(a)plan, develop, review and advise the Council on and, if so
empowered by the Council under subsection (5), regulate the
academic programmes of the Institute;

(b)advise the Council on and, if so empowered by the Council under
subsection (5), regulate the admission of persons to courses of
study provided by the Institute, and their continuance therein;

(c)advise the Council on and, if so empowered by the Council under
subsection (5), regulate examinations leading to degrees and other
academic awards of the Institute and nominate persons for
appointment as examiners;
1989 ed cap 1145 19




(d)advise the Council on and, if so empowered by the Council under
subsection (5), regulate the requirements for the conferring of
degrees and other academic awards of the Institute;

(e)advise the Council on the ratio of degree to sub-degree courses
provided by the Institute;

make recommendations to the Council on the allocation of resources
for teaching and related research;

(g)advise the Council generally on and, if so empowered by the Council
under subsection (5), regulate academic matters relating to the
Institute.

(2) The members of the Academic Board shall be appointed and may be
removed by the Council in accordance with rules made under section 18.

(3) Unless rules made under section 18 otherwise provide, sections 48 to 52 of
the Interpretation and General Clauses Ordinance (Cap. 1) shall apply to the
Academic Board.

(4) Subject to this section and to any rules made under section 18, the
Academic Board may regulate its own procedure.

(5) The Council may delegate to the Academic Board any of its functions
relating to academic matters which under section 9(3) it may delegate to a committee,
including the powers to make and enforce rules mentioned in section 18(1)(d), (e),
(f) and (g) and (2).

PART VI

AND REPORTS

14. Accounts

(1) The Council shall keep proper accounts and records of the financial
transactions of the Institute.

(2) As soon as is practicable after the end of each financial year, the Council
shall cause to be prepared statements of the income and expenditure of the Institute
during that financial year and of the assets and liabilities of the Institute on the last
day of that financial year.

(3) The Council may from time to time fix a period of 12 months to be the
financial year of the Institute.

15. Auditors

(1) The Council shall appoint auditors, who shall be entitled at any time to have
access to all books of account, vouchers and other financial records of the Institute
and to require such explanations thereof and such other information as they think
fit.
1989 ed cap 1145 21




(2) The auditors shall, as soon as is practicable, audit the statements
prepared under section 14(2) and shall report thereon to the Council in
sufficient time for the Council to take the action required by section 16.

16. Statements and reports

(1) The Council shall, not later than 6 months after the end of each
financial year or by such later date as the Governor may determine, submit
to the Governor a report on the activities of the Institute and copies of
the statements prepared under section 14(2) and of the report made under
section 15(2).
(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 not later
than 3 months after receiving them.

PART VII

GENERAL

17. Unauthorized use of title of the Institute

(1) No person shall incorporate or form, or be a director, officer, member
or organizer of, or work in connection with, any body of persons which-
(a) falsely purports or holds itself out to be-
(i) the Institute or any branch or part thereof, or
(ii) in any way connected or associated with the Institute; or
(b)uses the title 'The Open Learning Institute of Hong Kong' or a
title in any language which so closely resembles that title as to be
capable of deceiving or misleading any person into believing that
the body of persons is-
(i) the Institute or any branch or part thereof; or
(ii) in any way connected or associated with the Institute.
(2) Any person who contravenes subsection (1) commits an offence and is
liable on conviction to a fine of $50,000.

18. Power of the Council to make rules

(1) The Council may make rules for the better carrying out of the
object of the Institute and the provisions of this Ordinance and in particular,
but without prejudice to the generality of the foregoing, may make rules
regulating-
1989 ed cap 1145 23




(a) the powers and duties of any committee;
(b)the number, appointment and removal of members of the
Academic Board and of any committee;
(c)the quorum and procedures governing meetings of the Academic
Board and of any committee;
(d)the admission of persons to courses of study provided by the
Institute and their continuance therein;
(e)the conduct of examinations and of students attending such
examinations;
the requirements for the award of degrees and other academic
awards of the Institute;
(g)the formalities for the conferring of degrees and other academic
awards, including honorary degrees and honorary awards;
(h)the conduct and discipline of students and employees of the
Institute in relation to their activities as such students or
employees;
(i) financial procedures, including the method of payment of fees.
(2) Rules made under this section may-
(a)provide in respect of a breach of any rule made under subsec-
tion (1)(d), (e) or (h) for the holding of a disciplinary enquiry by
a committee established under section 9 and for the procedure
to be followed in respect of any such enquiry;
(b)empower any such committee, after the holding of a disciplinary
enquiry, to impose penalties for the breach of any rule made
under subsection (1)(d), (e) or (h) by way of a fine not exceeding
$2,000, a requirement to make good any loss of or damage to
property or premises of the Institute, suspension or dismissal
from any course of study provided by the Institute and the
withholding or revocation of a degree or other academic award;
and
(c)provide for a right of appeal to the Council against any finding of
or penalty imposed at such disciplinary enquiry.
(3) Rules made under this section shall be published in the Gazette but
shall not be treated as subsidiary legislation for the purpose of section 34 of the
Interpretation and General Clauses Ordinance (Cap. 1).

19. Admissibility of documents

(1) Any document purporting to be duly executed under the seal of the
Institute or to be signed by the Chairman or Director or some other person
authorized by the Council to act in that behalf, shall be admitted in evidence
and shall, unless the contrary is proved, be deemed to have been duly executed
or signed.
1989 ed cap 1145 25




(2) A certificate signed by the Chairman or the Director that an instrument of
the Council purporting to be made or issued by or on behalf of the Institute was so
made or issued shall be conclusive evidence of that fact.

SCHEDULE [S.101

PRovisioNs wiTH RESPECT TO MEETINGS AND PROCEDURES OF THE COUNCIL

1. Meetings of the Council shall be held at such times and places as may be appointed by the
person for the time being acting as Chairman, who shall preside at all such meetings.

2. The Deputy Chairman shall act as Chairman if the Chairman is absent from Hong Kong
or is, for any other reason, unable to act as Chairman, or if the office is vacant.

3. If for any period both the Chairman and the Deputy Chairman are absent from Hong
Kong or are, for any other reason, unable to act as Chairman, or if the offices of Chairman and
Deputy Chairman are vacant, the members of the Council may appoint one of their number
appointed under section 8(1)(g)(i) or (iii) to act as Chairman for that period.

4. At any meeting of the Council one-half of the members for the time being shall
constitute a quorum.

5. A meeting of the Council may be adjourned by the person presiding or, if the meeting so
resolves, by a decision ofthe meeting.

6. At meetings of the Council on any matter on which a decision is taken by vote

(a)an affirmative vote of a majority of those members present and not disqualified
from voting on the matter shall be required for the passing of a resolution;

(b) the person presiding shall have a casting as well as a deliberative vote.

7. If the Council so decides in respect of a particular meeting, any member of the Council
who is an employee, adviser or consultant of the Institute may be excluded from the whole or
part of that meeting.

8. If a member present at a meeting of the Council has any pecuniary or other personal
interest in any matter to be considered at that meeting he shall

(a)as soon as possible after the commencement of the meeting disclose the existence
and nature of the interest;

(b)if so required by the person presiding, withdraw from the meeting while
the matter is being considered; and

(e) not vote on that matter.

9. The Council may transact any of its business by circulation of papers, and for that
purpose a resolution in writing which is approved in writing by a majority of the members for
the time being shall be as valid and effectual as if it had been passed at a meeting of the Council.

10. The powers of the Council shall not be affected by

(a) any vacancy in its membership;

(b)any defect in the appointment or qualification of a person purporting to be a
member; or

(C) any minor irregularity in the convening of any meeting of the Council.

11. The exercise of any power by the Council may be signified by the person presiding at
the meeting or other deliberation at which such power was exercised, or by any person from time
to time authorized by the Council to signify the exercise of such power.
1989 ed cap 1145 27




12. The fixing of the seal of the Institute shall be-
(a) authorized or ratified by resolution of the Council; and
(b)authenticated by the signature of any 2 members of the Council, authorized by the
Council either generally or specially to act for that purpose.
1989 ed cap 1145 29

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