Case Discussion

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

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.

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

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.

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

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.

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

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.

(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?

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.

(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?

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.

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

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.

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

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.

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

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.

(11)Who manages a school?

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.

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

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 Please refer to EDB Circular No.5/2009 and ….

(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?

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.

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

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

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

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.