Remarks: Adaptation amendments retroactively made - see 55 of 2000 s. 3 #EDUCATION ORDINANCE To promote education in Hong Kong, and to consolidate and amend the law relating to the supervision and control of schools and the teaching therein, and for purposes connected therewith. (Amended 55 of 2000 s. 3) [30 September 1971]* L.N. 116 of 1971 (Originally 52 of 1971) ______________________________________________________________________________ Note: # For the saving and transitional provisions relating to the amendments made by the Education Reorganization (Miscellaneous Amendments) Ordinance 2003 (3 of 2003), please see Part 3 of that Ordinance. * Sections 9(3), 73, 74, 75, 76, 77, 78 and 84 came into operation on the 3rd day of September 1971. (L.N. 103 of 1971) Cap 279 s 1 Short title PART I PRELIMINARY This Ordinance may be cited as the Education Ordinance. Cap 279 s 2 Application This Ordinance shall not apply to- (a) the University of Hong Kong established by the University of Hong Kong Ordinance (Cap 1053); (b) The Chinese University of Hong Kong established by The Chinese University of Hong Kong Ordinance (Cap 1109); (c) The Hong Kong Polytechnic University established by the Hong Kong Polytechnic University Ordinance (Cap 1075); (Amended 6 of 1982 s. 24; 94 of 1994 s. 24) (d) any post secondary college registered under the Post Secondary Colleges Ordinance (Cap 320); (e) any technical college or technical institute defined in section 2 of the Vocational Training Council Ordinance (Cap 1130); (Added 6 of 1982 s. 24. Amended 50 of 1983 s. 34; 35 of 1991 s. 14) (f) any industrial training centre or skills centre defined in section 2 of the Vocational Training Council Ordinance (Cap 1130); (Added 6 of 1982 s. 24. Amended 35 of 1991 s. 14) (g) the Hong Kong Baptist University established by the Hong Kong Baptist University Ordinance (Cap 1126); (Added 50 of 1983 s. 34. Amended 38 of 1984 s. 28; 93 of 1994 s. 40) (h) the City University of Hong Kong established by the City University of Hong Kong Ordinance (Cap 1132); (Added 65 of 1983 s. 25. Amended 38 of 1984 s. 28; 47 of 1987 s. 25; 92 of 1994 s. 33) (i) The Hong Kong Academy for Performing Arts established by The Hong Kong Academy for Performing Arts Ordinance (Cap 1135); (Added 38 of 1984 s. 28. Amended 47 of 1987 s. 25) (j) The Hong Kong University of Science and Technology established by The Hong Kong University of Science and Technology Ordinance (Cap 1141); (Added 47 of 1987 s. 25) (k) The Open University of Hong Kong established by The Open University of Hong Kong Ordinance (Cap 1145); (Replaced 50 of 1997 s. 29) (l) Lingnan University established by the Lingnan University Ordinance (Cap 1165); or (Replaced 54 of 1999 s. 31) (m) The Hong Kong Institute of Education established by The Hong Kong Institute of Education Ordinance (Cap 444). (Added 16 of 1994 s. 26) Cap 279 s 3 Interpretation In this Ordinance, unless the context otherwise requires- "aided school" (资助学校) means any school that receives subsidies from the Government in accordance with the code of aid for primary schools, the code of aid for secondary schools or the code of aid for special schools; (Added 21 of 2000 s. 2) "Appeal Board" (上诉委员会) means an Appeal Board appointed under section 62(1)(aa); (Added 1 of 2004 s. 2) "Appeal Boards Panel" (上诉委员团) means the Appeal Boards Panel appointed under section 59(1)(a); (Added 1 of 2004 s. 2) "authorized person" (获授权人士) has the same meaning as it has in section 2 of the Buildings Ordinance (Cap 123); (Replaced 47 of 1990 s. 2) "Building Authority" (建筑事务监督) has the same meaning as it has in section 2 of the Buildings Ordinance (Cap 123); "certificate of provisional registration" (临时注册证明书) means in relation to a school which is provisionally registered, the certificate which is issued by the Permanent Secretary under section 18(1) in respect of the school; (Amended 3 of 2003 s. 2) "certificate of registration" (注册证明书) means- (a) in relation to a school which is registered under section 13, the certificate issued by the Permanent Secretary under section 18(1) in respect of the school; and (b) in relation to a school which is registered under either of the repealed Ordinances, the certificate of registration issued by the Permanent Secretary under such Ordinance in respect of the school; (Amended 3 of 2003 s. 2)"code of aid for primary schools" (小学资助则例) means the code described as such and issued by the Permanent Secretary, under the terms of which the Government gives subsidies to certain primary schools, as the same may be amended from time to time; (Added 21 of 2000 s. 2. Amended 3 of 2003 s. 2) "code of aid for secondary schools" (中学资助则例) means the code described as such and issued by the Permanent Secretary, under the terms of which the Government gives subsidies to certain secondary schools, as the same may be amended from time to time; (Added 21 of 2000 s. 2. Amended 3 of 2003 s. 2) "code of aid for special schools" (特殊学校资助则例) means the code described as such and issued by the Permanent Secretary, under the terms of which the Government gives subsidies to certain special schools, practical schools or skills opportunity schools, as the same may be amended from time to time; (Added 21 of 2000 s. 2. Amended 3 of 2003 s. 2) "document" (文件) includes any account, counterfoil, text-book, exercise book, pamphlet, publication, newspaper, poster, drawing, sketch, film, filmstrip, slide, gramophone record, and other printed, written or recorded matter, whether relating to school management, teaching or recreation or to any other activity of or in connection with a school; "DSS school" (直资学校) means a school which has joined the Direct Subsidy Scheme administered by the Permanent Secretary under which the school receives subsidy directly from the Government on such terms and conditions as specified by the Government from time to time; (Added 1 of 2004 s. 2) "evening instruction" (夜间授课) means any instruction the greater part of which in any one day takes place after 6 p.m.; "functions" (职能) includes powers and duties; "inclusive fee" (费用总额) means the total sum of money charged in respect of the education of a pupil in a school; "inspector of schools" (学校督学) means a person who is appointed under section 79 to be an inspector of schools, a medical officer of schools and a health inspector of schools; "kindergarten education" (幼稚园教育) means a 2 years course of education normally commencing when a child has attained the age of 4 years; (Replaced 42 of 1993 s. 2) "manage" (管理) includes administer; "management committee" (校董会) means the registered managers of a school; "manager" (校董) means a person who manages or takes any part in the management of- (a) a school; or (b) the activities of the pupils of a school;"nursery education" (幼儿教育) means a one year course of education normally commencing when a child has attained the age of 3 years; (Replaced 42 of 1993 s. 2) "Permanent Secretary" (常任秘书长) means the Permanent Secretary for Education and Manpower; (Added 3 of 2003 s. 2) "permit to teach" (准用教员许可证) means a permit issued under section 50(1) or under either of the repealed Ordinances for the employment as a teacher in a school of a person who is not a registered teacher; "permitted teacher" (准用教员) means a person, not being a registered teacher, who is permitted to be employed as a teacher in a school in accordance with a permit to teach; "post secondary education" (专上教育) means education which is beyond the stage of secondary education; "practical school" (实用中学) means a school that provides education for pupils through a practical curriculum and that has been approved by the Permanent Secretary for such purpose; (Added 21 of 2000 s. 2. Amended 3 of 2003 s. 2) "primary education" (小学教育) means a 6 years course of education normally commencing when a child has attained the age of 6 years; (Replaced 42 of 1993 s. 2) "primary school" (小学) means a school which provides primary education; (Added 34 of 1979 s. 2) "principal" (校长) means, subject to section 58AA, a teacher who is approved as the principal of a school under section 53(2) or section 57(2) or under either of the repealed Ordinances; (Amended 8 of 2001 s. 2) "proof of identity" (身分证明文件) has the meaning assigned to it by section 17B(1) of the Immigration Ordinance (Cap 115); (Added 8 of 2001 s. 2) "provisionally registered" (临时注册) means provisionally registered under section 15; "registered" (注册), in relation to a school, means registered under section 13 or under either of the repealed Ordinances; "registered manager" (注册校董) means a person who is registered as a manager of a school under section 29(1) or under either of the repealed Ordinances; "registered name" (注册名称) means the name in which a school is registered or provisionally registered; "registered teacher" (检定教员) means a person who is registered as a teacher under section 45(1) or under either of the repealed Ordinances; "repealed Ordinances" (已废除条例) means- (a) the Education Ordinance 1952 (Cap 279 1964 Ed.); and (b) the Education Ordinance 1913 (26 of 1913);"school" (学校) 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 services; (Amended 38 of 1983 s. 2; 42 of 1993 s. 2) "school premises" (校舍) includes school recreation rooms, residential facilities, playing fields and playing grounds, and any other places used for the purposes of a school; "secondary education" (中学教育) means a course of education after primary education which normally commences when a child has attained the age of 12 years and is completed before he attains the age of 19 years; (Replaced 42 of 1993 s. 2) "secondary school" (中学) means a school which provides secondary education; (Added 34 of 1979 s. 2) "skills opportunity school" (技能训练学校) means a school that provides education for pupils through a skills oriented curriculum and that has been approved by the Permanent Secretary for such purpose; (Added 21 of 2000 s. 2. Amended 3 of 2003 s. 2) "special school" (特殊学校) means a school that provides education for pupils through a special education curriculum and that has been approved by the Permanent Secretary for such purpose; (Added 21 of 2000 s. 2. Amended 3 of 2003 s. 2) "specified form" (指明格式) means a form specified by the Permanent Secretary; (Added 8 of 2001 s. 2. Amended 3 of 2003 s. 2) "sponsoring body" (赞助团体) means a society or body corporate that the Permanent Secretary approves in writing to be the sponsoring body for a school specified by him; (Added 42 of 1993 s. 2. Amended 3 of 2003 s. 2) "supervisor" (校监) means a registered manager who is approved as the supervisor of a school under section 34 or section 38(2) or under either of the repealed Ordinances. (Amended 42 of 1993 s. 2; 8 of 2001 s. 2; 3 of 2003 s. 2) Cap 279 s 4 (Repealed 42 of 1993 s. 3) Cap 279 s 5 Delegation of Permanent Secretary's powers (1) (Repealed 3 of 2003 s. 3) (2) The Permanent Secretary may authorize any officer of the Education and Manpower Bureau- (a) to exercise any function of the Permanent Secretary under any provision of this Ordinance other than section 9(5); or (b) at the directorate rank to exercise any function of the Permanent Secretary under section 9(5). (Amended 8 of 2001 s. 3; 3 of 2003 s. 3) Cap 279 s 6 Power of Chief Executive to give directions (1) The Chief Executive may give to the Permanent Secretary and to any other public officer, other than a judge, a district judge, or a magistrate, such directions as he thinks fit with respect to the exercise or performance of their respective functions under this Ordinance, either generally or in any particular case. (Amended 3 of 2003 s. 11) (2) A person to whom a direction is given by the Chief Executive under subsection (1) shall, in the exercise or performance of his functions under this Ordinance, comply with that direction. (Amended 55 of 2000 s. 3) Cap 279 s 7 (Repealed 3 of 2003 s. 4) Cap 279 s 7A (Repealed 3 of 2003 s. 5) Cap 279 s 8 Permanent Secretary to maintain registers (1) The Permanent Secretary shall maintain- (Amended 3 of 2003 s. 11) (a) a register of schools, in which shall be entered- (i) the name of every registered school; and (ii) the premises which are specified in the certificate of registration of the school;(b) a register of schools which are provisionally registered, in which shall be entered- (i) the name of every school which is provisionally registered; and (ii) the premises which are specified in the certificate of provisional registration of the school;(c) (Repealed 42 of 1993 s. 5) (d) a register of managers, in which shall be entered- (i) the name and address of every registered manager; and (ii) the registered name and the address of every school of which a person is a registered manager; and(e) a register of teachers, in which shall be entered the name of every registered teacher.(2) Such other particulars as the Permanent Secretary considers necessary may be entered in any register or list referred to in subsection (1). (Amended 3 of 2003 s. 11) Cap 279 s 9 Exemption of schools from Ordinance (1) The following schools and the owners, managers, teachers and pupils of such schools shall be exempt from this Ordinance- (a) any school entirely maintained and controlled by the Government or by the Crown in right of Her Majesty's Government in the United Kingdom; (aa) any school which solely provides regulated courses within the meaning of the Non-local Higher and Professional Education (Regulation) Ordinance (Cap 493); (Added 50 of 1996 s. 43) (b) any school which provides education which is solely religious; and (c) any school which has been exempted from either of the repealed Ordinances by notification in the Gazette and the exemption of which has not been withdrawn.(2) The Chief Executive in Council may, by order published in the Gazette, withdraw wholly or partly the exemption conferred by subsection (1) on any school and the owners, managers, teachers or pupils of the school. (Amended 55 of 2000 s. 3) (3) The Chief Executive in Council may, by order published in the Gazette, exempt from all or any of the provisions of this Ordinance- (Amended 55 of 2000 s. 3) (a) any school or class or description of school; and (b) the owners, managers, teachers or pupils of such school or class or description of school,on such conditions, if any, as he thinks fit. (4) An order under subsection (3) exempting a school from section 10 shall not preclude the making of an application for registration of the school or the registration or provisional registration of the school, and if the school is registered or provisionally registered the exemption shall cease to have effect. (5) The Permanent Secretary may, by order in writing, exempt from all or any of the provisions of this Ordinance- (Amended 3 of 2003 s. 11) (a) any school which provides education consisting only of a series of lectures, or a course of instruction in a particular subject or topic; (b) any school which provides less than 10 hours of academic instruction each week; and (c) the owners, managers, teachers or pupils of any school referred to in paragraph (a) or (b),on such conditions, if any, as he thinks fit. Cap 279 s 10 Schools to be registered or provisionally registered PART II REGISTRATION AND PROVISIONAL REGISTRATION OF SCHOOLS (1) Every school shall be registered or provisionally registered. (2) 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. (Amended 1 of 2004 s. 3) Cap 279 s 11 Application for registration of school An application for registration of a school shall be- (a) made to the Permanent Secretary in the specified form; and (Amended 42 of 1993 s. 6; 8 of 2001 s. 4; 3 of 2003 s. 11) (b) accompanied- (i) by the documents specified in such form; and (ii) if the school is to be operated in or in any part of any premises which are not designed and constructed for the purposes of a school, by the additional documents specified in section 12(1). Cap 279 s 12 Additional documents required where premises not designed and constructed as a school (1) The documents referred to in section 11(b)(ii) shall be- (a) a certificate from the competent authority as to his opinion with regard to the suitability for the purposes of a school of the premises or the part of the premises in which the school is to be operated, having regard to the loading for which they are designed and constructed; (b) a certificate from the competent authority that the premises in or in part of which the school is to be operated do not have structural timber floors; (c) a certificate from the Director of Fire Services that the use for the purposes of a school of the premises or the part of the premises in which the school is to be operated would not expose the persons in the school premises to any undue risk of fire; (Replaced 6 of 1985 s. 2) (ca) a certificate from the competent authority that in the event of fire in the premises in or in part of which the school is to be operated the means of escape for all persons in the premises (including the persons in the school premises) would be adequate; (Added 6 of 1985 s. 2. Amended 47 of 1990 s. 4) (d) if the Buildings Ordinance (Cap 123) applies to the premises in or in part of which the school is to be operated, a notice in writing from the Building Authority stating that he does not intend, in exercise of the powers conferred on him by section 25 of that Ordinance, to prohibit the use for the purposes of a school of the premises or the part of the premises in which the school is to be operated; and (e) if- (i) the competent authority has certified under paragraph (a) that in his opinion the premises or the part of the premises in which the school is to be operated are not suitable for the purposes of a school, having regard to the loading for which they are designed and constructed; (ii) the premises in or in part of which the school is to be operated were erected prior to 1 January 1946; or (iii) at the time of erection of the premises in or in part of which the school is to be operated, the Buildings Ordinance (Cap 123) did not apply to such premises, a certificate from an authorized person that the premises in or in part of which the school is to be operated are in sound structural condition. (Amended 47 of 1990 s. 4)(2) An application to the competent authority, the Building Authority or the Director of Fire Services for a certificate or a notice required for the purposes of subsection (1) shall be- (a) made in such form as the Permanent Secretary shall specify; and (b) accompanied by a plan, drawn to such scale and with such number of copies as the Permanent Secretary shall specify, of the premises or the part of the premises in which the school is to be operated. (Amended 3 of 2003 s. 11)(3) The Director of Buildings may, where he is the competent authority for the purposes of subsection (1)(a), (b) and (ca), appoint any officer of the Buildings Department to perform the functions of the competent authority under those paragraphs. (Amended L.N. 76 of 1982; L.N. 94 of 1986; 47 of 1990 s. 4; L.N. 291 of 1993) (4) Nothing in this section shall affect the powers of the Building Authority under the Buildings Ordinance (Cap 123). (5) For the purposes of this section, "competent authority" (主管当局) means- (a) the Housing Authority in the case of any premises or part of any premises upon land vested in the Housing Authority or over which the Housing Authority has control and management; (Replaced 23 of 1973 s. 36) (b) (Repealed 23 of 1973 s. 36) (c) in any other case, the Director of Buildings and any officer of the Buildings Department appointed by him under subsection (3). (Amended L.N. 76 of 1982; L.N. 94 of 1986; L.N. 291 of 1993) Cap 279 s 13 Registration of school On receiving an application in accordance with section 11, the Permanent Secretary shall make such inquiry as he considers necessary and shall determine the application- (Amended 3 of 2003 s. 11) (a) by registering the school in respect of which the application is made; or (b) by refusing under section 14 to register the school. Cap 279 s 14 Grounds for refusal to register school (1) The Permanent Secretary may refuse to register a school if it appears to him- (Amended 3 of 2003 s. 11) (a) (Repealed 42 of 1993 s. 7) (b) that the proposed school premises are or are likely to be for any reason unsuitable for use for the purposes of a school; (c) that any provision of this Ordinance is being or will be contravened in respect of the school; (d) that the proposed inclusive fee is excessive having regard to the cost of maintaining and operating the school and to the standard of education to be provided; (e)-(f) (Repealed 42 of 1993 s. 7) (g) that the equipment which is to be used by the school will not allow of satisfactory tuition in the subjects to be taught by the school; (Amended 42 of 1993 s. 7) (h) (Repealed 42 of 1993 s. 7) (i) that the composition of the proposed management committee is such that the school is not likely to be managed satisfactorily, or is such that the education of the pupils is not likely to be promoted in a proper manner; (Amended 42 of 1993 s. 7) (j) that the composition of the proposed management committee or of the proposed teaching staff is the same or substantially the same as that of a school which the Permanent Secretary has previously refused to register, or the registration or provisional registration of which the Permanent Secretary has previously cancelled; (k) that he has previously- (i) refused to register the school; or (ii) cancelled the registration or provisional registration of the school;(l) that any part of the proposed school premises- (i) was to have been used for the purposes of a school which the Permanent Secretary has previously refused to register; or (ii) has been used for the purposes of a school the registration or provisional registration of which the Permanent Secretary has cancelled;(m) (Repealed 42 of 1993 s. 7) (n) that in or in connection with the application for registration any statement has been made or information has been furnished which is false in any material particular or by reason of the omission of any material particular; (o) that the proposed registered name of the school is unsuitable, or is the same as or similar to- (i) the name in which another school is registered; or (ii) the name of any school the registration of which has been cancelled; or(p) that the content of the course to be offered is not of a satisfactory standard. (Added 42 of 1993 s. 7)(2) The Permanent Secretary may also refuse to register a school if he refuses under section 35(1) to approve as the first supervisor of the school the person who is recommended to be the supervisor by the applicant for registration of the school. (Amended 3 of 2003 s. 11) Cap 279 s 15 Provisional registration of school (1) At any time after an application for registration of a school is made in accordance with section 11 and before the application is determined, the Permanent Secretary may provisionally register the school for such period, not exceeding 12 months, as he thinks fit. (2) The Permanent Secretary may extend the period of provisional registration of a school for such further periods, not exceeding 12 months at one time, as he thinks fit. (Amended 3 of 2003 s. 11) Cap 279 s 16 Effect on provisional registration when application for registration is determined (1) If the Permanent Secretary registers a school which is provisionally registered, the provisional registration of the school shall cease to have effect. (2) If the Permanent Secretary refuses to register a school which is provisionally registered, the provisional registration of the school shall not by reason only of such refusal cease to have effect. (Amended 3 of 2003 s. 11) Cap 279 s 17 Restrictions on registration and provisional registration Notwithstanding sections 13 and 15, the Permanent Secretary shall not- (Amended 3 of 2003 s. 11) (a) register or provisionally register a school in any name containing the word "university" or the Chinese characters " 大学 " or " 学院 "; or (b) (Repealed 42 of 1993 s. 8) Cap 279 s 18 Certificate of registration or provisional registration (1) On registering or provisionally registering a school, the Permanent Secretary shall issue to the supervisor a certificate of registration or a certificate of provisional registration in the specified form and sufficient copies of the certificate so that the certificate or a copy may be exhibited in each of the premises specified in the certificate. (Amended 8 of 2001 s. 4) (2) Except as provided in subsection (3), section 20 and section 71, the supervisor of a school shall cause the certificate or a copy issued by the Permanent Secretary under subsection (1) to be exhibited at all times in a conspicuous place in each of the premises specified in the certificate. (3) If the Permanent Secretary extends the period of provisional registration of a school under section 15(2), the supervisor shall within one month after the date when he is notified of the extension deliver the certificate of provisional registration and every copy of the certificate to the Permanent Secretary, who shall amend the certificate and the copies thereof accordingly and return them to the supervisor. (Amended 3 of 2003 s. 11) Cap 279 s 18A Approval of Permanent Secretary required for post secondary education (1) No supervisor of a school shall cause or allow post secondary education to be provided at the school unless he has received the approval of the Permanent Secretary to do so. (Amended 3 of 2003 s. 11) (2) A supervisor who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine at level 3 and to imprisonment for 3 months. (Amended L.N. 205 of 2000) (Added 42 of 1993 s. 9) Cap 279 s 19 Premises in which school may be operated (1) No school shall be operated in any premises other than the premises specified in the certificate of registration or provisional registration of the school. (2) No teacher in any school shall teach in any premises other than the premises specified in the certificate of registration or provisional registration of the school. Cap 279 s 20 Change of premises (1) The supervisor of a school may apply in writing to the Permanent Secretary to amend the certificate of registration or provisional registration by- (Amended 3 of 2003 s. 11) (a) specifying in the certificate any additional or alternative premises; or (b) deleting from the certificate reference to any premises or to any part of any premises.(2) An application under subsection (1) shall be accompanied by- (a) the certificate in respect of which the application is made; (b) every copy of the certificate issued under section 18(1); and (c) 3 copies of a plan or diagram, specifying dimensions, of the premises or the part of the premises to which the application relates.(3) An application under subsection (1)(a) shall specify the names and addresses of the landlord and the tenant of the premises or the part of the premises to which the application relates. (4) An application under subsection (1)(a) in respect of any premises or any part of any premises which are not designed and constructed for the purposes of a school shall be accompanied by the certificates and the notice specified in section 12(1), and the provisions of section 12(2), (3), (4) and (5) shall apply as if the application were an application for registration of a school. (5) On receiving an application in accordance with this section, the Permanent Secretary shall make such inquiry as he considers necessary and shall determine the application- (Amended 3 of 2003 s. 11) (a) by granting the application wholly or partly, in either of which cases he shall amend the certificate of registration or provisional registration and the copies thereof accordingly; or (b) by refusing to grant the application.(6) The Permanent Secretary shall return to the supervisor the certificate of registration or provisional registration and the copies thereof, amended accordingly if he grants an application under subsection (5)(a). (Amended 3 of 2003 s. 11) Cap 279 s 20A Change of name for school (1) Where a school that is registered or provisionally registered wishes to change its name it shall first obtain the approval of the Permanent Secretary. (2) In considering an application under this section the same criteria apply as in a decision by the Permanent Secretary under section 14(1)(o). (Added 42 of 1993 s. 10. Amended 3 of 2003 s. 11) Cap 279 s 21 Changes in design or use of premises increasing fire risk (1) If in the opinion of the Director of Fire Services a change in- (a) the design or structure of the premises in or in any part of which a school is operated; or (b) the use of any part of the premises in or in any part of which a school is operated,is such that the persons in the school premises are exposed to any undue risk of fire, he may deliver to the Permanent Secretary a notice in writing which shall either- (Amended 3 of 2003 s. 6) (i) specify any provision which in his opinion should be made by the school to eliminate the undue risk of fire; or (ii) if the Director of Fire Services considers that no provision can be made by the school to eliminate the undue risk of fire, state that in his opinion no such provision can be made. (Replaced 6 of 1985 s. 3)(1A) If in the opinion of the Building Authority a change in- (a) the design or structure of the premises in or in any part of which a school is operated; or (b) the use of any part of the premises in or in any part of which a school is operated,is such that in the event of fire in the premises in or in any part of which the school is operated the means of escape for all the persons in the premises (including the persons in the school premises) would not be adequate, he may deliver to the Permanent Secretary a notice in writing which shall either- (Amended 3 of 2003 s. 6) (i) specify any provision which in his opinion should be made by the school to ensure that in the event of fire the means of escape for all the persons in the premises (including the persons in the school premises) will be adequate; or (ii) if the Building Authority considers that no provision can be made by the school to ensure that in the event of fire the means of escape for all the persons in the premises (including the persons in the school premises) will be adequate, state that in his opinion no such provision can be made. (Added 6 of 1985 s. 3)(2) If the Director of Fire Services delivers to the Permanent Secretary a notice under subsection (1) in respect of a school specifying any provision which the Director of Fire Services considers should be made by the school, the Permanent Secretary may by notice in writing served on the supervisor of the school require such provision to be made. (3) If the Building Authority delivers to the Permanent Secretary a notice under subsection (1A) in respect of a school specifying any provision which the Building Authority considers should be made by the school, the Permanent Secretary may by notice in writing served on the supervisor of the school require such provision to be made. (Added 6 of 1985 s. 3.) (Amended 3 of 2003 s. 6) Cap 279 s 22 Grounds for cancellation of registration or provisional registration of school (1) The Permanent Secretary may cancel the registration or provisional registration of a school- (Amended 3 of 2003 s. 7) (a) on any ground specified in section 14(1)(b), (c), (d), (g), (i), (j), (k), (l), (n) or (p) on which he would have been entitled to refuse registration of a school, whether or not such ground existed at the time when the school was registered or provisionally registered; (Amended 42 of 1993 s. 11) (b) if any manager of the school has committed an offence against this Ordinance subsequent to the registration or provisional registration of the school; (c) if it appears to the Permanent Secretary that the school has ceased to exist, or that for a continuous period of not less than one school term the school has ceased to operate; (ca) upon the written application of the supervisor, if the registration or provisional registration of the school, not being an aided school or a DSS school, was effected- (i) before the commencement* of section 3 of the Education (Miscellaneous Amendments) Ordinance 2004 (1 of 2004); and (ii) under section 10(2) in respect of evening instruction; (Added 1 of 2004 s. 4)(d) if a direction given in a notice served under section 82(2) on the supervisor or any other manager of the school has not been complied with; (e) if it appears to the Permanent Secretary that the management committee is not managing the school satisfactorily, or that the education of the pupils is not being promoted in a proper manner; (f) if, in the case of a school which is operated in or in any part of any premises which, in the opinion of the competent authority for the purposes of section 12, are unsuitable for use for the purposes of a school having regard to the loading for which the premises or the part of the premises are designed and constructed, the Permanent Secretary has received a report from an authorized architect that the premises in or in part of which the school is operated are not in sound structural condition; (g) if in respect of the school any provision specified in a notice under section 21(2) or (3) has not been made- (Amended 6 of 1985 s. 4) (i) within 2 months of the date of service of the notice; or (ii) before the commencement of the school term next following the date of service of the notice, whichever is the earlier, or within such further period as the Permanent Secretary may permit;(h) if, under section 21(1), the Permanent Secretary has received a notice from the Director of Fire Services stating that, in the latter's opinion, no provision can be made by the school to eliminate any undue risk of fire; (Replaced 6 of 1985 s. 4) (ha) if, under section 21(1A), the Permanent Secretary has received a notice from the Building Authority stating that, in the latter's opinion, no provision can be made by the school to ensure that in the event of fire in the premises in or in any part of which the school is operated the means of escape for all the persons in the premises (including the persons in the school premises) will be adequate; (Added 6 of 1985 s. 4) (i) if the school is operated in any name other than the name in which it is registered or provisionally registered; or (j) if it appears to the Permanent Secretary that any provision of this Ordinance is being or has been contravened in respect of the school. (Amended 3 of 2003 s. 7)(2) The Permanent Secretary shall cancel the registration or provisional registration of a school if- (Amended 3 of 2003 s. 7) (a) the registration of every manager of the school is cancelled; and (b) no manager of the school is permitted under section 66 to continue to act as a manager of the school.___________________________________________________________________ Note: * Commencement date: 1 April 2004. Cap 279 s 23 (Repealed 42 of 1993 s. 12) PART III MANAGERS OF SCHOOLS (Repealed 42 of 1993 s. 12) Cap 279 s 24 (Repealed 42 of 1993 s. 12) PART III MANAGERS OF SCHOOLS (Repealed 42 of 1993 s. 12) Cap 279 s 25 (Repealed 42 of 1993 s. 12) PART III MANAGERS OF SCHOOLS (Repealed 42 of 1993 s. 12) Cap 279 s 26 (Repealed 42 of 1993 s. 12) PART III MANAGERS OF SCHOOLS (Repealed 42 of 1993 s. 12) Cap 279 s 27 Managers of schools to be registered Registration of managers of schools No person shall act as a manager of a school unless he is registered as a manager of the school under section 29(1). Cap 279 s 28 Application for registration of manager An application for registration as a manager of a school shall be made to the Permanent Secretary in the specified form. (Amended 42 of 1993 s. 13; 8 of 2001 s. 4; 3 of 2003 s. 11) Cap 279 s 29 Registration of manager (1) On receiving an application in accordance with section 28, the Permanent Secretary shall make such inquiry as he considers necessary and shall determine the application- (Amended 3 of 2003 s. 11) (a) by registering the applicant as a manager of the school in respect of which the application is made; or (b) by refusing under section 30 to register the applicant as a manager of the school in respect of which the application is made.(2) (Repealed 8 of 2001 s. 5) Cap 279 s 30 Grounds for refusal to register manager (1) The Permanent Secretary may refuse to register an applicant as a manager of a school if it appears to the Permanent Secretary that- (Amended 3 of 2003 s. 11) (a) the applicant is not resident in Hong Kong for at least 9 months in each year; (b) the applicant is not a fit and proper person to be a manager; (c) the applicant is a person in respect of whom a permit to teach has previously been cancelled; (d) the applicant has attained the age of 70 years; (e) in making or in connection with any application- (i) for registration of a school; (ii) for registration as a manager or a teacher; or (iii) to employ a person as a permitted teacher in a school, the applicant has made any statement or furnished any information which is false in any material particular or by reason of the omission of any material particular; or(f) the applicant has not established that he has a special interest in the school. (Replaced 42 of 1993 s. 14)(2) The Permanent Secretary shall refuse to register an applicant as a manager of a school if it appears to the Permanent Secretary that the applicant is not acceptable as a manager of the school to the majority of the management committee. (Amended 3 of 2003 s. 11) Cap 279 s 31 Grounds for cancellation of registration of manager (1) The Permanent Secretary may cancel the registration of a manager of a school- (Amended 3 of 2003 s. 11) (a) if the person has been an office-bearer, as defined in section 2 of the Societies Ordinance (Cap 151), of any society or a branch which has had its registration or exemption from registration cancelled under section 5D, or its operation or continued operation prohibited by the Secretary for Security under section 8 of that Ordinance; (Amended 118 of 1997 s. 21) (b) on any ground specified in section 30(1)(a) to (e) which applies to the manager, whether or not such ground existed at the time when he was registered as a manager of the school; (c) if it appears to the Permanent Secretary that the person- (Amended 3 of 2003 s. 11) (i) has ceased to be a manager; (ii) cannot perform satisfactorily or is not performing satisfactorily the duties of a manager;(d) if the person has contravened any provision of this Ordinance; (e) if it appears to the Permanent Secretary that- (Amended 3 of 2003 s. 11) (i) any school of which the person is registered as a manager is not being managed satisfactorily; (ii) in any school of which the person is registered as a manager, the education of the pupils is not being promoted in a proper manner; or (iii) any pupil of a school of which the person is registered as a manager is not under proper supervision or control while on the school premises; or(f) if the manager was so registered by reason of a special interest in the school which has subsequently ceased. (Replaced 42 of 1993 s. 15)(2) The Permanent Secretary shall cancel the registration of a manager of a school- (Amended 3 of 2003 s. 11) (a) if it appears to him that the manager is no longer acceptable as a manager of the school to the majority of the management committee; or (b) at the written request of the manager.(3) (Repealed 42 of 1993 s. 15) Cap 279 s 32 Management committee to manage school Management committees Every school shall be managed by its management committee. Cap 279 s 33 Responsibilities of management committee The management committee of a school shall be responsible for ensuring- (a) that the school is managed satisfactorily; (b) that the education of the pupils is promoted in a proper manner; and (c) that this Ordinance is complied with. Cap 279 s 34 Approval of first supervisor of school Supervisors Subject to section 35, the Permanent Secretary shall approve as the first supervisor of a school the person who is recommended to be the supervisor by the applicant for registration of the school. (Amended 3 of 2003 s. 11) Cap 279 s 35 Grounds for refusal to approve supervisor (1) The Permanent Secretary may refuse to approve a person as the supervisor of a school if the Permanent Secretary is not satisfied that the person is a fit and proper person to be the supervisor. (2) The Permanent Secretary shall not approve a person as the supervisor of a school unless the person is a registered manager of the school. (Amended 3 of 2003 s. 11) Cap 279 s 36 Tenure of office of supervisor The supervisor of a school shall hold office until- (a) he ceases to be a registered manager of the school; (b) he resigns; (c) the Permanent Secretary withdraws his approval of the supervisor under section 37; or (Amended 3 of 2003 s. 11) (d) the Permanent Secretary approves another registered manager of the school as the supervisor under section 38(2). (Amended 3 of 2003 s. 11) Cap 279 s 37 Grounds for withdrawal of approval of supervisor The Permanent Secretary may withdraw his approval of the supervisor of a school if it appears to the Permanent Secretary that the supervisor- (Amended 3 of 2003 s. 11) (a) is no longer a fit and proper person to be the supervisor; (b) is not performing the duties of the supervisor satisfactorily; (c) has ceased to perform the duties of the supervisor; or (d) is no longer acceptable as such to the majority of the management committee. Cap 279 s 38 Approval of subsequent supervisors (1) If in the case of any school which is registered or provisionally registered- (a) the Permanent Secretary refuses under section 35 to approve a person who has been recommended to be the supervisor; (b) the supervisor ceases under section 36 to hold office; (c) there is for any other reason no supervisor; (d) the supervisor ceases to perform the duties of the supervisor; or (e) the supervisor is no longer acceptable as such to the majority of the management committee,the management committee shall within one month recommend for the approval of the Permanent Secretary another registered manager of the school to be the supervisor. (Amended L.N. 95 of 1993) (2) Subject to section 35, the Permanent Secretary shall approve as the supervisor of the school the registered manager who is recommended under subsection (1). (Amended 3 of 2003 s. 11) Cap 279 s 38A Approval of acting supervisor (1) If the supervisor of any school is or is likely to be- (a) absent from Hong Kong for a period of not less than 28 days; or (b) unable by reason of his illness to carry out his duties for a period of not less than 28 days,the management committee shall recommend for the approval of the Permanent Secretary another registered manager of the school to act as supervisor during the supervisor's absence or inability to carry out his duties. (Amended L.N. 95 of 1993) (2) Subject to subsection (3), the Permanent Secretary shall approve as the acting supervisor of the school the registered manager who is recommended under subsection (1). (3) The Permanent Secretary may refuse to approve a person as the acting supervisor of a school if the Permanent Secretary is not satisfied that the person is a fit and proper person to be the acting supervisor. (4) Without prejudice to subsection (5), the approval under subsection (2) shall be for such period as the Permanent Secretary may therein specify. (5) The Permanent Secretary may at any time and for any reason withdraw his approval under subsection (2). (6) Section 39 shall apply in relation to an acting supervisor approved under subsection (2) as it applies to a supervisor. (Added 61 of 1982 s. 3. Amended 3 of 2003 s. 11) Cap 279 s 39 Duties of supervisor (1) Subject to any other provision in this Ordinance, all correspondence between a school and the Permanent Secretary or any public officer concerning the management of the school shall be conducted on behalf of the school by the supervisor. (Amended 3 of 2003 s. 11) (2) The supervisor of a school shall within 1 month after the happening of such event give notice in writing to the Permanent Secretary if- (Amended 3 of 2003 s. 11) (a) any person ceases to be a manager of the school; (b) the supervisor ceases to perform the duties of the supervisor; (c) the principal ceases to perform the duties of the principal; (d) any teacher commences to teach or is employed to teach at the school; (e) any teacher ceases to teach or ceases to be employed to teach at the school; (f) the supervisor becomes aware of a change in any particulars furnished under this Ordinance with respect to any landlord or tenant of the premises in which the school is operated.(3) A notice under subsection (2) shall specify- (a) the full name and address of the person to whom the notice relates and, if he is a registered or permitted teacher, his registration number or permitted teacher reference number; and (Amended L.N. 162 of 1993) (b) the date of the event referred to in the notice. Cap 279 s 40 Duties of management committee in absence of supervisor Without prejudice to section 38(1), if at any time there is no supervisor of a school, the duties of the supervisor under this Ordinance shall be performed by the management committee until a supervisor is approved by the Permanent Secretary, and in such case any notice which is to be served or which may be served under this Ordinance on the supervisor may be served on any registered manager of the school. (Amended 3 of 2003 s. 11) Cap 279 s 41 Appointment of managers by Permanent Secretary Appointed managers (Amended 61 of 1982 s. 4) (1) If it appears to the Permanent Secretary- (Amended 3 of 2003 s. 11) (a) that a school is not being managed satisfactorily or that the education of the pupils is not being promoted in a proper manner; (b) that the composition of the management committee of a school is such that the school is not likely to be managed satisfactorily, or is such that the education of the pupils is not likely to be promoted in a proper manner; or (c) that for any reason a school has no manager, (Added 61 of 1982 s. 4)he may appoint one or more persons to be managers of the school for such period as he thinks fit. (Amended 61 of 1982 s. 4) (2) A person who is appointed by the Permanent Secretary under subsection (1) to be a manager of a school- (Amended 3 of 2003 s. 11) (a) shall be deemed to be registered as a manager of the school under section 29(1); (Amended 42 of 1993 s. 16) (b) shall perform his functions in accordance with any directions given to him by the Permanent Secretary; and (c) may enter the school premises at all reasonable times.(3) Notwithstanding subsections (1) and (2), no person who is appointed by the Permanent Secretary under subsection (1) to be a manager of a school shall participate in any of the profits of the school or shall be liable for any financial obligations incurred by the management committee in respect of the operation of the school. (Amended 3 of 2003 s. 11) Cap 279 s 42 Teachers to be registered or permitted teachers PART IV TEACHERS (1) No person shall teach in a school unless he is- (a) a registered teacher; or (b) a permitted teacher.(2) No permitted teacher shall teach in a school otherwise than in accordance with the conditions or limitations specified in the permit to teach issued in respect of such teacher. Cap 279 s 43 Permanent Secretary may require medical examination of proposed teacher The Permanent Secretary may, before registering a person as a teacher or issuing a permit to teach in respect of any person, require such person to undergo a medical examination. (Amended 3 of 2003 s. 11) Cap 279 s 44 Application for registration as a teacher Registration of teachers An application for registration as a teacher shall be- (a) made to the Permanent Secretary in the specified form; and (Amended 8 of 2001 s. 4; 3 of 2003 s. 11) (b) accompanied by the documents specified in such form. Cap 279 s 45 Registration of teacher (1) On receiving an application in accordance with section 44, the Permanent Secretary shall make such inquiry as he considers necessary and shall determine the application- (Amended 3 of 2003 s. 11) (a) by registering the applicant as a teacher; or (b) by refusing under section 46 to register the applicant as a teacher.(2) On registering an applicant as a teacher under subsection (1), the Permanent Secretary shall issue to the applicant a certificate of registration in the specified form. (Amended 8 of 2001 s. 4; Amended 3 of 2003 s. 11) Cap 279 s 46 Grounds for refusal to register teacher The Permanent Secretary may refuse to register an applicant as a teacher if it appears to him that the applicant- (Amended 3 of 2003 s. 11) (a) is not a fit and proper person to be a teacher; (b) has been convicted of an offence punishable with imprisonment; (c) is a person in respect of whom a permit to teach has previously been cancelled; (d) is medically unfit; (e) does not possess the prescribed qualifications; (f) has attained the age of 70 years; or (g) in making or in connection with any application- (i) (Repealed 42 of 1993 s. 17) (ii) for registration as a manager or a teacher; or (iii) to employ a person as a permitted teacher in a school, has made any statement or furnished any information which is false in any material particular or by reason of the omission of any material particular. Cap 279 s 47 Grounds for cancellation of registration of teacher The Permanent Secretary may cancel the registration of a teacher- (Amended 3 of 2003 s. 11) (a) on any ground specified in section 46 which applies to the teacher, whether or not such ground existed at the time when he was registered as a teacher; (b) if it appears to the Permanent Secretary that the teacher is incompetent; (c) if the teacher has contravened any provision of this Ordinance; (d) if it appears to the Permanent Secretary that the teacher has behaved in any manner which, in the opinion of the Permanent Secretary, constitutes professional misconduct; or (e) if it appears to the Permanent Secretary that the teacher has behaved in any manner which, in the opinion of the Permanent Secretary, is prejudicial to the maintenance of good order and discipline in the school in which the teacher teaches. (Amended 3 of 2003 s. 11) Cap 279 s 48 Circumstances in which application to employ permitted teacher may be made Permitted teachers An application to employ a person as a permitted teacher in a school may only be made if the applicant is of the opinion that no suitable registered teacher is available for employment as a teacher in the school. Cap 279 s 49 Application to employ permitted teacher (1) An application to employ a person as a permitted teacher in a school shall be made to the Permanent Secretary- (Amended 3 of 2003 s. 11) (a) in the case of a school which is registered or provisionally registered, by the supervisor; or (b) in the case of a proposed school, by the applicant for registration of the school.(2) An application to employ a person as a permitted teacher in a school shall be made in the specified form. (Amended 8 of 2001 s. 4) Cap 279 s 50 Permit to teach (1) On receiving an application in accordance with section 49, the Permanent Secretary shall make such inquiry as he considers necessary and shall determine the application- (Amended 3 of 2003 s. 11) (a) by issuing to the supervisor of the school concerned a permit in the specified form; or (Amended 8 of 2001 s. 4) (b) by refusing under section 51 to issue such a permit.(2) A permit to teach issued under subsection (1) shall specify the school in which the permitted teacher may be employed, and may impose such other conditions in respect of the employment of the permitted teacher in the school as the Permanent Secretary thinks fit. (3) The Permanent Secretary shall, if he issues a permit to teach under subsection (1), also issue a copy of the permit to the permitted teacher. (Amended 3 of 2003 s. 11) Cap 279 s 51 Grounds for refusal to issue permit to teach (1) The Permanent Secretary may refuse to issue a permit to teach under section 50(1) in respect of any person- (Amended 21 of 2000 s. 3; Amended 3 of 2003 s. 11) (a) if in the opinion of the Permanent Secretary a suitable registered teacher is available for employment as a teacher in the school concerned; (b) on any ground specified in section 46(a), (b), (c), (d) or (f) which applies to the person in respect of whom the application is made; (c) if the person in respect of whom the application is made does not possess the prescribed qualification; or (d) if it appears to the Permanent Secretary that the applicant or the person in respect of whom the application is made has, in making or in connection with any application- (Amended 3 of 2003 s. 11) (i) (Repealed 42 of 1993 s. 18) (ii) for registration as a manager or a teacher; or (iii) to employ a person as a permitted teacher in a school, made any statement or furnished any information which is false in any material particular or by reason of the omission of any material particular.(2) Without prejudice to the generality of subsection (1), the Permanent Secretary shall refuse to issue a permit to teach for the employment of a person as a permitted teacher in an aided school if the person is prohibited from being so employed by virtue of section 58A. (Added 21 of 2000 s. 3) (Amended 3 of 2003 s. 11) Cap 279 s 52 Grounds for cancellation of permit to teach (1) The Permanent Secretary may cancel a permit to teach- (Amended 3 of 2003 s. 11) (a) on any ground specified in section 51(1)(b), (c) or (d) on which he would have been entitled to refuse to issue a permit to teach, whether or not such ground existed at the time when the permit was issued; or (Amended 21 of 2000 s. 4) (b) on any ground specified in section 47(b), (c), (d) or (e) which applies to the permitted teacher.(2) A permit to teach shall be deemed to be cancelled- (a) if the permitted teacher ceases to be employed in the school specified in the permit; or (b) if the registration or provisional registration of the school specified in the permit is cancelled.(3) Without prejudice to the generality of subsection (1) or (2), the Permanent Secretary shall cancel the permit to teach of a permitted teacher who is employed to teach in an aided school if the teacher is prohibited from continuing to be so employed by virtue of section 58A. (Added 21 of 2000 s. 4. Amended 3 of 2003 s. 11) Cap 279 s 53 Approval of first principal of school Principals (1) Within 1 month after the registration or provisional registration of a school, the management committee shall recommend for the approval of the Permanent Secretary a teacher of the school to be the principal. (2) Subject to section 54, the Permanent Secretary shall approve as the principal of the school the teacher who is recommended under subsection (1). (Amended 3 of 2003 s. 11) Cap 279 s 54 Grounds for refusal to approve principal (1) The Permanent Secretary may refuse to approve a teacher as the principal of a school if the Permanent Secretary is not satisfied that the teacher is a fit and proper person or, in the case of a school providing nursery or kindergarten education, appropriately qualified to be the principal of the school. (Amended 61 of 1982 s. 5; 38 of 1983 s. 3; 21 of 2000 s. 5) (2) Without prejudice to the generality of subsection (1), the Permanent Secretary shall refuse to approve a teacher as the principal of an aided school if the teacher is prohibited from being employed as the principal of the school by virtue of section 58A. (Added 21 of 2000 s. 5) (Amended 3 of 2003 s. 11) Cap 279 s 55 Tenure of office of principal The principal of a school shall hold office until- (a) he ceases to be registered as a teacher, or to be permitted to teach as a permitted teacher in the school; (b) he resigns; (c) the Permanent Secretary withdraws his approval of the principal under section 56; or (Amended 3 of 2003 s. 11) (d) the Permanent Secretary approves another teacher of the school as the principal under section 57(2). (Amended 3 of 2003 s. 11) Cap 279 s 56 Grounds for withdrawal of approval of principal (1) The Permanent Secretary may withdraw his approval of the principal of a school if it appears to the Permanent Secretary that the principal- (Amended 21 of 2000 s. 6; Amended 3 of 2003 s. 11) (a) is no longer a fit and proper person to be the principal; (aa) in the case of a school providing nursery or kindergarten education, is not appropriately qualified to be the principal; (Added 61 of 1982 s. 6. Amended 38 of 1983 s. 4) (b) is not performing the duties of the principal satisfactorily; (c) has ceased to perform the duties of the principal; or (d) is no longer acceptable as such to the majority of the management committee.(2) Without prejudice to the generality of subsection (1), the Permanent Secretary shall withdraw his approval of the principal of an aided school if the principal is prohibited from continuing to be employed as the principal of the school by virtue of section 58A. (Added 21 of 2000 s. 6. Amended 3 of 2003 s. 11) Cap 279 s 57 Approval of subsequent principals (1) If in the case of any school- (a) the Permanent Secretary refuses under section 54 to approve a teacher who has been recommended to be the principal; (b) the principal ceased under section 55 to hold office; (c) the principal ceases to perform the duties of the principal; or (d) the principal is no longer acceptable as such to the majority of the management committee,the management committee shall within 1 month recommend for the approval of the Permanent Secretary another teacher of the school to be the principal. (2) Subject to section 54, the Permanent Secretary shall approve as the principal of the school the teacher who is recommended under subsection (1). (Amended 3 of 2003 s. 11) Cap 279 s 58 Functions of principal (1) The principal of a school shall, subject to the directions of the management committee, be responsible for the teaching and discipline of the school and for such purposes shall have authority over the teachers and pupils of the school. (2) The Permanent Secretary may address the principal of a school on any matter relating to the teaching and discipline in the school, and in such case the principal shall conduct correspondence directly with the Permanent Secretary. (Amended 3 of 2003 s. 11) Cap 279 s 58A Prohibition against employment of persons of specified age as teachers or principals of aided schools Teachers and principals of aided schools (1) Subject to subsection (2)- (a) a person shall not be employed as a teacher or the principal of an aided school if he- (i) would commence such employment after the commencement of this section; and (ii) would be aged 60 years or more at the commencement of such employment;(b) a person employed as a teacher or the principal of an aided school shall not continue to be so employed for a school year or any part thereof if he has attained the age of 60 years or more before the commencement of the school year, except in accordance with a permission under section 58B(2)(a).(2) Nothing in subsection (1) applies to- (a) the employment of a person as a temporary replacement of a teacher of an aided school for any period during which that teacher is unable for any reason to perform his duties as a teacher of the school; or (b) the employment of a person as a teacher of an aided school where the person fills a post that is not within the teaching staff establishment of the school approved by the Permanent Secretary from time to time. (Amended 3 of 2003 s. 11) (Added 21 of 2000 s. 7) Cap 279 s 58AA Performance of functions of principal by candidate (1) A teacher who is not a principal of a school and who has been recommended under section 53(1) or 57(1) for approval to be the principal of the school may, as long as he is a registered teacher or permitted teacher, perform the functions of the principal until the recommendation- (a) is approved under section 53(2) or 57(2), as the case may be; or (b) is refused under section 54.(2) A teacher performing any function of a principal under subsection (1) shall be regarded for the purposes of this Ordinance (except sections 55 and 56) as the principal. (Added 8 of 2001 s. 6) Cap 279 s 58B Application for permission to continue to employ serving teachers or principals of aided schools (1) The management committee of an aided school may make an application in writing to the Permanent Secretary for permission to continue to employ a teacher of the school as a teacher or the principal of the school as the principal, in either case for a period of not more than one school year, where the teacher or principal- (Amended 3 of 2003 s. 11) (a) is otherwise prohibited from continuing to be so employed by virtue of section 58A(1)(b); and (b) is serving as a teacher or the principal of the school (as the case may be) immediately before the commencement of the period concerned.(2) As soon as reasonably practicable after the receipt of an application under subsection (1), the Permanent Secretary shall, subject to subsection (3), determine the application by- (Amended 3 of 2003 s. 11) (a) issuing to the management committee of the school concerned permission in writing to continue to employ the teacher or principal for the period specified in the application or for such other period (being not more than one school year) as the Permanent Secretary thinks fit; or (Amended 3 of 2003 s. 11) (b) refusing to issue such permission.(3) The maximum aggregate period for which permission may be issued under subsection (2)(a) in respect of the teacher or principal shall be 5 consecutive school years. (Added 21 of 2000 s. 7) Cap 279 s 58C Meaning of "school year" For the purposes of sections 58A and 58B, "school year" (学年) means any period after the first anniversary of the commencement of this section that begins on the first day of September in a year and ends on the last day of August in the following year. (Added 21 of 2000 s. 7) Cap 279 s 59 Appeal Boards Panel PART V APPEALS (1) For the purposes of this Part, the Chief Executive shall by notice published in the Gazette appoint- (a) a panel of persons ("the Appeal Boards Panel") whom he considers suitable for appointment as members of an Appeal Board; (b) a member of the Appeal Boards Panel as the Chairman of the Appeal Boards Panel; (c) one or more members of the Appeal Boards Panel as Deputy Chairmen of the Appeal Boards Panel as he thinks fit; and (d) a person to be the secretary of the Appeal Boards Panel.(2) A person appointed under subsection (1) shall hold office for such period as may be specified in such notice and may resign his office at any time by notice in writing to the Chief Executive. (3) The Appeal Boards Panel may, subject to any other provision in this Part, regulate its own procedure and the procedure for appeals and make standing orders for those purposes. (4) An Appeal Board may at its request be assisted in the conduct of an appeal by a legally qualified person appointed by the Secretary for Justice to act as legal advisor. (5) In this section, "legally qualified" (具有法律专业资格) means qualified to practise as a legal practitioner in Hong Kong. (Replaced 1 of 2004 s. 5)_______________________________________________________________________________ Note: For saving provisions relating to the amendments made by section 5 of 1 of 2004, please see section 14 of the Education (Miscellaneous Amendments) Ordinance 2004 (1 of 2004) , which is reproduced as follows— "14. Saving regarding Appeals Board (1) Notwithstanding anything in this Ordinance— (a) any person who was a member of the former Appeals Board immediately before the commencement date is deemed to be a member of the Appeal Boards Panel for a period equal to the term of his office tha
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