Hong Kong Ordinances

EDUCATION ORDINANCE - SECT 30

Grounds for refusal to register manager

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

(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   (d)  (Repealed 27 of 2004 s. 11)

   (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.

   (f)  (Repealed 27 of 2004 s. 11)

(1A) The Permanent Secretary may refuse to register an applicant as a manager
of-

   (a)  a school if the applicant-

        (i)    is a bankrupt within the meaning of the Bankruptcy Ordinance (
               Cap 6) or has entered into a voluntary arrangement under that
               Ordinance; or

        (ii)   has previously been convicted in Hong Kong or elsewhere of a
               criminal offence punishable with imprisonment;

   (b)  a school if the applicant is under the age of 18 years;

   (c)  a school if-

        (i)    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; or

        (ii)   the applicant is under the age of 70 years and he fails to
               produce, upon a request by the Permanent Secretary, a medical
               certificate issued by a registered medical practitioner after
               the date of such request certifying that the applicant is
               physically fit to perform the functions of a manager; or

   (d)  an IMC school or a school in respect of which a submission has been
        made under section 40BK or 40BU if the applicant has been registered
        as a manager of 5 or more schools. (Added 27 of 2004 s. 11)

(2) The Permanent Secretary shall refuse to register an applicant as a manager
of- (Amended 3 of 2003 s. 11; 27 of 2004 s. 11)

   (a)  a school without IMC if it appears to the Permanent Secretary that the
        applicant is not acceptable as a manager of the school to the majority
        of the managers; or

   (b)  an IMC school if-

        (i)    the applicant is on a list of proposed managers which the
               Permanent Secretary refuses to approve under section 40BM or
               40BW; or

        (ii)   subject to any exemption granted under section 40AR, the
               registration of the applicant as a manager of the school will
               render the composition of the incorporated management committee
               of the school inconsistent with the constitution of the
               committee. (Amended 27 of 2004 s. 11)