Hong Kong Ordinances

EDUCATION ORDINANCE - SECT 22

Grounds for cancellation of registration or provisional registration of school

(Past version on 01/04/2004).
(Past version on 28/02/2003).
(Past version on 30/06/1997).

(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) has not
        been complied with; (Amended 27 of 2004 s. 8)

   (e)  if it appears to the Permanent Secretary that the school is not being
        managed satisfactorily, or that the education of the pupils is not
        being promoted in a proper manner; (Amended 27 of 2004 s. 8)

   (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.