Case Discussion

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Case Discussion
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• (1) A voluntary organization proposes to
  operate tutorial classes with 15 pupils per
  class. Is it required to register as a school?

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• Yes. According to section 3(1) of the EO,
  school means an institution, organization or
  establishment which provides for 20 or more
  persons during any one day or 8 or more persons
  at any one 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 service. Section 10(1) of EO
  stipulates that every school shall be registered
  or provisionally registered.

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• (2) Are government schools required to register
  under the EO?

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• No. According to section 9(1)(a) of the EO, any
  school entirely maintained and controlled by the
  Government, the school and the interested persons
  of such school shall be exempt from the EO.

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• (3) Is an extension of school premises required
  to be registered?

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• Yes. According to section 20 of the EO, the
  management authority of a school may apply in
  writing to the Permanent Secretary for Education
  to amend the certificate of registration or
  provisional registration by specifying any
  additional premises or deleting any premises.

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• (5) If a school proposes to operate evening
  courses, is the proposed evening school
  required to register?

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• According to section 10(2) of the EO, if an
  aided school or a DSS 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.

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• (6) A popular university in USA proposes to
  operate post secondary courses awarding degrees
  in Hong Kong. Are the post secondary courses
  required to be registered?

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• No. According to sectio 9(1)(aa) of the EO, any
  school which solely provides regulated courses
  within the meaning of the Non-local Higher and
  Professional Education (Regulation) Ordinance
  (Cap.493), the school and the interested persons
  of such school shall be exempt from the EO.

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• (7) If an applicant for manager registration is
  a bankrupt or has previously been convicted of a
  criminal offence, can he be registered as a
  manager of school?

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• Depending on individual situations. According
  to section 30(1A) of the EO, the Permanent
  Secretary for Education may refuse to register an
  applicant as a manager of a school if the
  applicant is a bankrupt or has previously been
  convicted in Hong Kong or elsewhere of a criminal
  offence punishable with imprisonment.

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• (8) Can a retiree who wishes to contribute to
  school education be registered as a manager of
  school?

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• Yes. However, he is required to produce a
  medical certificate if he is 70 years old or
  above. According to section 30(1A) of the EO,
  the Permanent Secretary for Education may refuse
  to register an applicant as a manager of a school
  if the applicant has attained the age of 70 years
  and he fails to produce a medical certificate
  issued by a registered medical practitioner
  within 2 months before the date of his
  application certifying that the applicant is
  physically fit to perform the functions of a
  manager.

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• (9) Mr Chan is a manager of school and has
  immigrated to Canada. Can he continually serve
  as manager of the school?

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• No. According to section 31(1)(c) of the EO,
  PSEd may cancel the registration of a manage of a
  school if it appears to him that the person has
  ceased to be manager or is not resident in Hong
  Kong for at least 9 months in each year.

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• (10) Can the public request for information of
  school managers?

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• Without the consent of the manager concerned,
  the information of managers of non-IMC schools
  cannot be released in accordance with the
  Personal Data (Privacy) Ordinance. For IMC
  managers, a register of managers shall be made
  available for public inspection under section
  8(3) of the EO. At present, a Register of IMC
  has been uploaded on EDB website for public
  inspection.

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• (11) Who manages a school?

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• School without an IMC shall be managed by its
  management committee. When an IMC has been
  established in respect of a school, the school
  shall be managed by the IMC.

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• (12) Are schools required to establish an IMC to
  manage the school?

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• All aided schools are required to set up and be
  managed by their IMCs. In this connection,
  please note that the Legislative Council passed a
  resolution on 20 May 2009 to extend the deadline
  for the submission of draft IMC constitution for
  2 years till 1 July 2011. Please refer to EDB
  Circular No.5/2009 and .

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• (12) If the supervisor is absent from Hong Kong
  or unable by reason of his illness to carry out
  his duties, is the school required to appoint an
  acting supervisor?

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• Yes. If the supervisor is absent from Hong Kong
  or unable by reason of his illness to carry out
  his duties for a period of not less than 28 days,
  another manager shall be recommended to act as
  supervisior.

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• (13) What matters shall the supervisor notify
  the Education Bureau in writing within one
  month upon their changes?

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• Matters related to changes of manager, principal
  and teacher, etc. Please refer to sections 39(2)
  and 40AK(1)(b) of the EO.

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• (14) May the Education Bureau appoint other
  person(s) to serve as manager of a school?

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• Yes. According to section 41(1) of the EO, if
  it appears to the PSEd that a school is not being
  managed satisfactorily or the compostion of
  the management committee of a school is such that
  the school is not likely to be managed
  satisfactorily or that for any reason a school
  has no manager, he may appoint one or more
  persons to be managers of the school for such
  period as he thinks fit.