An Ordinance to provide for the establishment and the functions of the Hong Kong Council for Academic Accreditation as a body corporate and for matters incidental thereto. (Enacted 1990) [8 June 1990] L.N. 161 of 1990 (Originally 15 of 1990) Cap 1150 s 1 Short title PART I PRELIMINARY This Ordinance may be cited as the Hong Kong Council for Academic Accreditation Ordinance. (Enacted 1990) Cap 1150 s 2 Interpretation Remarks: Adaptation amendments retroactively made - see 55 of 2000 s. 3 (1) In this Ordinance, unless the context otherwise requires- "academic accreditation" (学术评审) means any evaluation, assessment or other activity to determine whether or not the academic standards of any institution of higher education are comparable with internationally recognized standards; "appointed member" (委任成员) means a member appointed under section 3(2)(a); "Chairman" (主席) means the Chairman of the Council appointed by the Chief Executive under section 3(4) or any person appointed to act in his place under Schedule 2; (Amended 55 of 2000 s. 3) "committee" (委员会) means the Executive Committee or any other committee established by the Council under Schedule 2; "Council" (评审局) means the Hong Kong Council for Academic Accreditation established under section 3(1); "degree course" (学位课程) means a programme of study the successful completion of which is marked by the conferment of a degree or any other equivalent academic award; "Executive Committee" (执行委员会) means the Executive Committee established by the Council under Schedule 2; "Executive Director" (总干事) means the person appointed as Executive Director under section 6; "member" (成员) means an appointed or ex officio member of the Council; "resident of Hong Kong" (香港居民) means a person who is ordinarily resident in Hong Kong and who holds a Hong Kong identity card; "Secretary" (局长) means the Secretary for Education and Manpower or such other person as the Chief Executive may designate by notice in the Gazette; (Amended 55 of 2000 s. 3) "Vice-chairman" (副主席) means the Vice-chairman of the Council appointed under section 3(4). (2) Without affecting the generality of the definition of "academic accreditation" (学术评审), academic accreditation includes any or all of the following- (a) validation, that is to say, an evaluation of a particular degree course conducted or proposed to be conducted by an institution of higher education, to determine whether or not the academic standard of the course is comparable with internationally recognized standards; (b) revalidation, that is to say, an appraisal of the progress of a degree course which has been evaluated and found to be of a standard comparable with internationally recognized standards, to determine whether it continues to be so comparable; (c) institutional review, that is to say, a review of the academic and general standards of an institution of higher education; and (d) institutional accreditation, that is to say, an assessment to determine whether an institution of higher education is competent to validate or revalidate, within the meaning of this section, degree courses conducted or proposed to be conducted by it. (Enacted 1990) Cap 1150 s 3 Establishment of the Council Remarks: Adaptation amendments retroactively made - see 55 of 2000 s. 3 PART II ESTABLISHMENT OF THE HONG KONG COUNCIL FOR ACADEMIC ACCREDITATION (1) There is established a body corporate to be known as the Hong Kong Council for Academic Accreditation which may sue and be sued. (2) The Council shall consist of- (a) not less than 15 and not more than 21 members appointed by the Chief Executive in accordance with subsection (3); and (b) the Executive Director.(3) Of the appointed members- (a) not less than 5 and not more than 7 shall be- (i) academics; or (ii) persons who appear to the Chief Executive to be suitable by reason of being engaged in research or in a teaching or training capacity in any industry or industrial organization, and ordinarily resident outside Hong Kong;(b) not less than 5 and not more than 7 shall be- (i) academics; or (ii) persons who appear to the Chief Executive to be suitable by reason of being engaged in research or in a teaching or training capacity in any industry or industrial organization, and who are residents of Hong Kong; and(c) not less than 5 and not more than 7 shall be persons who appear to the Chief Executive to have experience in commerce, industry or any profession and who are residents of Hong Kong.(4) The Chief Executive shall appoint a Chairman and a Vice-chairman of the Council from among the appointed members. (5) The appointment of an appointed member shall be for a period specified by the Chief Executive at the time of such appointment. (6) Schedule 2 shall have effect as respects the Council and the members thereof. (7) The Chief Executive shall cause notice to be given in the Gazette of every appointment made under this section. (8) The Council may act notwithstanding a vacancy in its membership. (9) In this section- "academic" (学术界人士) means any person who at the date of appointment is, or immediately or recently before such date was- (a) engaged in teaching in or research at; or (b) in a position of management in,an institution of higher education. (Enacted 1990. Amended 55 of 2000 s. 3) Cap 1150 s 4 Functions of the Council Remarks: Adaptation amendments retroactively made - see 55 of 2000 s. 3 The Council may perform any or all of the following functions- (a) academic accreditation in relation to- (i) any institution specified in Schedule 1, at the request of the body known as the University Grants Committee; (Amended L.N. 35 of 1995) (ii) any institution specified in Part 2 of Schedule 1, at the direction of the Chief Executive; (iii) any institution of higher education, not being an institution referred to in subparagraph (i) or (ii), at the request of such institution and with the consent of the Chief Executive; (Amended 55 of 2000 s. 3)(b) advising, reporting or making recommendations to, the body known as the University Grants Committee or any other person in relation to any function referred to in or performed under paragraph (a); (Amended L.N. 35 of 1995) (c) disseminating information on academic standards of degree courses and the promotion of academic accreditation methods and practices; (d) establishing relationships with accrediting bodies outside Hong Kong and keeping under review the systems of academic accreditation of such bodies; (e) conducting, holding or assisting in seminars, conferences or any other forms of instructional or promotional activity; (f) conducting or commissioning research into the maintenance or monitoring of academic standards; (g) such other functions relevant to academic accreditation or higher education as may be permitted or assigned to the Council by the Chief Executive. (Amended 55 of 2000 s. 3) (Enacted 1990) Cap 1150 s 5 Powers of the Council The Council may in performing its functions- (a) appoint any person in relation to the performance of any function specified in section 4; (b) publish material and distribute, lend with or without charge or sell such material; (c) enable any person to use any facility of or provided for or by the Council or service provided by the Council (other than academic accreditation) and specify conditions and fees (if any) subject to which it can be used and charge any such fee; (d) determine and charge any fees in respect of the exercise of any function referred to in section 4(e); (e) subject to the approval of the Secretary, determine fees to be charged for academic accreditation and charge any such fees; (f) refund, reduce or waive any fee referred to in paragraphs (c), (d) and (e) either generally or in any particular case; (g) subject to the approval of the Secretary, pay honoraria- (i) to members ordinarily resident outside Hong Kong; and (ii) to any person appointed under paragraph (a) to whom a function is delegated under section 8(2), in relation to the performance of such function;(h) pay the travelling, accommodation or any other expenses reasonably incurred by any person referred to in paragraph (g)(ii) in relation to the performance by such person of any function referred to in that paragraph; (i) pay the travelling, accommodation or other expenses reasonably incurred by any member in connection with his duties as such member; (j) acquire, hold or dispose of property of any description; (k) accept gifts or donations whether subject to any trust or not; (l) subject to the approval of the Secretary, borrow such money on such security or other terms and conditions as it considers expedient; (m) do or cause to be done such other incidental act or thing as the Council considers expedient or necessary for the performance of its functions under this Ordinance. (Enacted 1990) Cap 1150 s 6 Executive Director of the Council Remarks: Adaptation amendments retroactively made - see 55 of 2000 s. 3 PART III STAFF AND DELEGATION (1) The Council shall- (a) subject to subsection (2), appoint an Executive Director; (b) determine the conditions of service, and, subject to the approval of the Secretary under section 9, the terms of remuneration of such appointment.(2) The Council shall obtain the approval of the Chief Executive for any proposed appointment under subsection (1) and for the suspension or dismissal of any person so appointed. (Amended 55 of 2000 s. 3) (3) The Executive Director of the Council shall be the principal executive officer of the Council and shall, under the direction of the Council, do all acts and things necessary for implementing the decisions of the Council or of any committee to which or person to whom the Council may have delegated the exercise or performance of any of its powers or functions or duties under this Ordinance. (Enacted 1990) Cap 1150 s 7 Employees, etc. of the Council The Council may- (a) appoint or engage such employees as it may determine; and (b) engage the services of advisers on any matters arising out of or connected with any function of the Council,on terms of remuneration approved by the Secretary under section 9 and on such conditions of service as the Council thinks fit. (Enacted 1990) Cap 1150 s 8 Delegation (1) The Council may, subject to such restrictions or other conditions, if any, as it thinks fit, delegate in writing any of its functions, powers or duties to any committee, except- (a) the appointment of the Executive Director; (b) the determination of the remuneration or any other term or condition of employment of the Executive Director or any other employee of the Council; (c) any duty or function under section 14 in relation to the preparation of accounts and statements; (d) any duty or function under section 17; (e) the making of rules under section 22; (f) the power to establish committees or the appointment of members to a committee; (g) any function or power which may be delegated under subsection (2); (h) the power to delegate.(2) The Council may delegate the performance, in relation to a particular case, of any function specified in section 4(a) and any powers necessary for such performance to any person appointed under section 5(a) or to a group of 2 or more persons which may consist of members or persons appointed under section 5(a). (3) In the absence of evidence to the contrary, a committee or a person or group of persons to whom a delegation is made under this section shall be presumed to be acting in accordance with the delegation. (4) A delegation under this section shall not preclude the performance or the exercise by the Council of any function or power to which the delegation relates. (Enacted 1990) Cap 1150 s 9 Prior approval of the Secretary for remuneration, etc. (1) The Council shall before- (a) determining the remuneration of the Executive Director or of any employee or class of employees or of any advisers appointed or engaged under section 7; or (b) determining the amount of any honorarium referred to in section 5; or (c) varying any such remuneration or amount of honorarium,obtain the approval of the Secretary. (2) In the case of remuneration of the employees of the Council, the Secretary may approve the amount proposed to be paid in respect of the class of employee or in respect of a particular employee or a particular position. (3) The Council shall not pay as remuneration or honoraria any amount other than an amount approved by the Secretary under this section. (Enacted 1990) Cap 1150 s 10 Secretary to consult with Secretary for Financial Services and the Treasury before approving fees, charges, etc. Before giving any approval under section 5(e) or (l), 9, 12 or 13, the Secretary shall consult with the Secretary for Financial Services and the Treasury. (Enacted 1990. Amended L.N. 106 of 2002) Cap 1150 s 11 Resources of the Council PART IV FINANCIAL The resources of the Council shall consist of- (a) all money received by the Council for or in connection with the carrying out of its functions; (b) all money received by the Council as gifts or donations; (c) all property and assets acquired by the Council; (d) all money appropriated by the Legislative Council for the functions of the Council. (Enacted 1990) Cap 1150 s 12 Use of surplus funds All money of the Council which is not immediately required shall be deposited with any bank approved by the Secretary or invested in such investments as may be approved by the Secretary. (Enacted 1990) Cap 1150 s 13 Estimates of revenue and expenditure (1) The Council shall, not later than 31 October in each financial year or such other date as the Secretary may approve, submit to the Secretary for his approval estimates of its income and expenditure for the next financial year together with a programme of its proposed activities for the next financial year. (2) The Council may, subject to the approval of the Secretary, revise any estimate or programme of activities submitted under subsection (1). (Enacted 1990) Cap 1150 s 14 Accounts and statements The Council shall maintain proper accounts and proper records in relation to its accounts and transactions and shall, as soon as practicable and in any case not later than 5 months after the close of a financial year, cause to be prepared in respect of that financial year, a statement of accounts of the Council, which shall- (a) include an income and expenditure account and a balance sheet; and (b) be signed by the Chairman and the Executive Director. (Enacted 1990) Cap 1150 s 15 Auditors (1) The Council shall appoint auditors, who shall be entitled at any reasonable time- (a) to have access to all books of accounts, vouchers and other records of the Council; and (b) to require such information and explanations as they consider necessary to discharge their functions.(2) The auditors shall, as soon as practicable and in any case not later than 7 months after the close of each financial year, audit the accounts required to be maintained under section 14 and shall submit a report on the accounts to the Council. (Enacted 1990) Cap 1150 s 16 Examinations by Director of Audit (1) The Director of Audit may carry out examinations into the economy, efficiency and effectiveness with which the Council has used its resources in discharging its functions. (2) The Director of Audit shall be entitled at any reasonable time- (a) to have access to any document in the custody or under the control of the Council as he may reasonably require for carrying out any examination under this section; or (b) to require from any person holding or accountable for such document any information or explanation as is reasonably necessary for the purpose of such examination.(3) The Director of Audit may report to the President of the Legislative Council the results of any examination carried out under this section. (Enacted 1990) Cap 1150 s 17 Annual report Remarks: Adaptation amendments retroactively made - see 55 of 2000 s. 3 The Council shall, not later than 9 months or such longer time as the Secretary may determine, after the close of each financial year submit- (a) a report on the activities and affairs of the Council for that year; (b) a copy of its statement of the accounts therefor; and (c) the auditors' report on the accounts,to the Chief Executive who shall cause such statement and reports to be laid on the table of the Legislative Council. (Enacted 1990. Amended 55 of 2000 s. 3) Cap 1150 s 18 Secretary for Financial Services and the Treasury may charge fees PART V MISCELLANEOUS The Secretary for Financial Services and the Treasury may charge fees in such amount as he may determine for any service provided to the Council by the Government. (Enacted 1990. Amended L.N. 106 of 2002) Cap 1150 s 19 Directions by the Chief Executive Remarks: Adaptation amendments retroactively made - see 55 of 2000 s. 3 (1) The Chief Executive may give to the Council directions not inconsistent with this Ordinance with respect to the exercise of its powers or the performance of its functions or duties, either generally or in any particular case. (2) In the exercise of its powers and the performance of its functions or duties the Council shall comply with any directions given by the Chief Executive under subsection (1). (Enacted 1990. Amended 55 of 2000 s. 3) Cap 1150 s 20 Due execution of documents Any document purporting to be a document duly executed under the common seal of the Council shall, unless there is evidence to the contrary, be deemed to be a document so executed and shall be received in evidence without further proof. (Enacted 1990) Cap 1150 s 21 Protection of members, employees, etc. (1) A member or employee of the Council or of any committee of the Council or any person appointed by the Council under section 5(a) acting in good faith shall not be personally liable for any act done or default made- (a) by the Council; (b) by any committee of the Council; or (c) by any such member, employee or person,in the exercise or purported exercise of the powers conferred or performance or purported performance of functions imposed under this Ordinance. (2) The protection conferred under subsection (1) on members or employees of the Council or of any committee of the Council or any person appointed by the Council under section 5(a) shall not in any way affect any liability of the Council for that act or default. (Enacted 1990) Cap 1150 s 22 Rule making powers of the Council (1) The Council may make rules for the better carrying out of the functions of the Council and the provisions of this Ordinance. (2) Without affecting the generality of subsection (1) rules made under that subsection may provide for the regulation of- (a) the procedures governing meetings of the Council and any committee; (b) the conditions and terms of employment and the welfare of persons employed or engaged by the Council; (c) financial procedures; or (d) the methods and procedures for academic accreditation. (Enacted 1990) Cap 1150 s 23 Unauthorized use of the title of the Council (1) No person shall incorporate, form, be a director, office bearer or organizer of, or work in connection with, or be a member of, any body of persons, corporate or unincorporate that, without the written consent of the Council- (a) holds itself out to be- (i) the Council or any part thereof; or (ii) in any way connected or associated with the Council; or(b) uses the title "Hong Kong Council for Academic Accreditation" or a title in any language which so closely resembles the title "Hong Kong Council for Academic Accreditation" so as to be capable of misleading any person into believing the body of persons is- (i) the Council or any part thereof; or (ii) in any way connected or associated with the Council.(2) Any person who contravenes subsection (1) commits an offence and is liable on conviction to a fine of $50000. (Enacted 1990) Cap 1150 s 24 Council not to be regarded as servant or agent of the Government The Council shall not be regarded as a servant or agent of the Government or as enjoying any status, immunity or privilege of the Government. (Enacted 1990. Amended 23 of 2002 s. 43) Cap 1150 s 25 Chief Executive may amend Schedules 1 and 2 Remarks: Adaptation amendments retroactively made - see 55 of 2000 s. 3 The Chief Executive may by order published in the Gazette amend Schedules 1 and 2. (Enacted 1990. Amended 55 of 2000 s. 3) Cap 1150 s 26 (Omitted as spent) (Omitted as spent) Cap 1150 Sched 1 INSTITUTIONS [sections 4 & 25] Part 1 Item Name of of institution 1. (Repealed 94 of 1994 s. 27) 2. (Repealed 92 of 1994 s. 36) 3. (Repealed 93 of 1994 s. 43) 4. (Repealed 54 of 1999 s. 38) Part 2 Item Name of institution 1. The Hong Kong Academy for Performing Arts 2. The Open University of Hong Kong (Replaced 50 of 1997 s. 29) Cap 1150 Sched 2 PROVISIONS WITH RESPECT TO THE COUNCIL AND MEMBERS THEREOF Remarks: Adaptation amendments retroactively made - see 55 of 2000 s. 3 [sections 2, 3 & 25] 1. (1) The Council shall have a common seal. (2) The affixing of the seal of the Council shall be authenticated by the signature of any 2 members of the Council authorized by a resolution of the Council in that behalf. 2. (1) Subject to subparagraphs (2), (3) and (4), a member of the Council shall hold and vacate office in accordance with the terms of his appointment and shall, on ceasing to be a member, be eligible for reappointment. (2) Any appointed member may at any time resign his office by notice in writing to the Chief Executive, and the resignation shall take effect from the date specified in the notice and where no date is specified on receipt of the notice by the Chief Executive. (Amended 55 of 2000 s. 3) (3) If any member of the Council- (a) becomes bankrupt or enters into a voluntary arrangement with his creditors, within the meaning of the Bankruptcy Ordinance (Cap 6); (Amended 76 of 1996 s. 98)(b) becomes incapacitated by physical or mental illness; or (c) is in the opinion of the Chief Executive otherwise unable or unfit to discharge the functions of a member of the Council,the Chief Executive may by notice in writing declare his office as a member of the Council to be vacant. (Amended 55 of 2000 s. 3) (4) A person whose office is declared vacant under subparagraph (3) is not eligible for reappointment. 3. If- (a) the Chairman, due to absence from Hong Kong or for any other reason, is unable to act as Chairman for any period; or (b) any member is precluded by temporary incapacity or any other reason from performing his functions as a member for any period, the Chief Executive may appoint another person to act in the place of the Chairman or such member as the case may be for that period. (Amended 55 of 2000 s. 3) 4. (1) Meetings of the Council shall be held at such times and places as the Chairman may determine. (2) The Executive Director shall, unless it is not reasonably practicable, attend all the meetings of the Council and of the Executive Committee. (3) At any meeting of the Council, the Chairman shall preside and if the Chairman is absent from any meeting of the Council for any reason or if the office of Chairman is vacant, the Vice-chairman will act as Chairman in his place. (4) In the absence from any meeting or in the case of the vacancy of the office of the Chairman and the Vice-chairman, the members present shall before any other business is transacted elect a chairman from amongst themselves for the duration of that meeting. 5. (1) The quorum for any meeting of the Council shall be one half of its members for the time being and while a member is disqualified from taking part in a decision or a deliberation of the Council in respect of any matter, he shall be disregarded for the purpose of constituting a quorum for deciding or deliberating on that matter. (2) The Chairman, the Vice-chairman acting in his place or a Chairman elected under paragraph 4(4) shall have a casting vote in addition to his original vote at any meeting of the Council. (3) All matters considered by a meeting of the Council shall be decided by a simple majority of the members present and voting thereon. (4) The Council may transact any of its business by the circulation of papers amongst members whether such members are in or outside Hong Kong, and a resolution in writing which is approved by a majority of the members shall be as valid and effectual as if it had been passed at a meeting of the Council. 6. Subject to this Ordinance, the Council may regulate its own procedure. 7. (1) The Council may establish an Executive Committee and any other committee as it thinks fit for the better carrying out of the functions of the Council. (2) The Executive Committee shall consist of the members appointed under section 3(3)(b) and (c) and the Executive Director, and its chairman shall be either the Chairman or the Vice-chairman of the Council. (3) Subject to subparagraph (4), the Council may- (a) appoint to any committee such members of the Council or persons who are not members of the Council as it may determine; and (b) appoint as the chairman of any committee any member or person appointed under sub-subparagraph (a).(4) Not less than 2/3 of the membership of any committee shall be members of the Council. (5) A person appointed under subparagraph (3) who is not a member of the Council shall not vote at any meeting of the committee. (6) Subparagraphs (3) and (4) shall not apply in relation to the Executive Committee. (7) The chairman of a committee shall appoint the times and places of meetings of the committee. (8) Subject to this Ordinance, a committee may regulate its own procedure. 8. (1) Any member of the Council or a committee who has a direct or indirect interest in any institution any aspect of the academic accreditation of which is to be considered at any meeting of the Council or a committee, and who is present at such meeting shall, as soon as practicable after the commencement of the meeting, disclose to the Council or the committee, as the case may be, the fact and nature of his interest and shall, if required by the chairman of the meeting, withdraw from the meeting at any time and for so long as the matter is being considered, and in any case shall not vote thereon. (2) Any member of the Council or a committee who has an interest of the nature referred to in subparagraph (1) and who is consulted by circulation of papers on a matter relating to the subject of his interest shall disclose to the Chairman of the Council the fact and nature of his interest. (Enacted 1990)
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