Hong Kong Ordinances

EDUCATION ORDINANCE - SECT 31

Grounds for cancellation of registration of manager

(Past version on 28/02/2003).
(Past version on 01/07/1997).
(Past version on 30/06/1997).

(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) or (1A) which applies to the
        manager, whether or not such ground existed at the time when he was
        registered as a manager of the school; (Amended 27 of 2004 s. 12)

   (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; (Amended 27 of 2004 s. 12)

   (f)  (Repealed 27 of 2004 s. 12)

   (g)  (where the school is an IMC school) if the Permanent Secretary
        receives a notice in writing from the
        incorporated management committee of the school that-

        (i)    the manager has been absent without the consent of the
               committee from all meetings of the committee in a school year;
               and

        (ii)   the manager has been given due notice to attend those meetings;
               (Added 27 of 2004 s. 12)

   (h)  if the manager fails to produce, upon request by the Permanent 
        Secretary, a medical certificate issued by a registered medical
        practitioner after the date of such request certifying that the
        manager is physically fit to perform the functions of a manager;
        (Added 27 of 2004 s. 12)

   (i)  if he receives a notice under section 40AX as regards the manager; or
        (Added 27 of 2004 s. 12)

   (j)  if the manager contravenes section 40BF. (Added 27 of 2004 s. 12)

(2) The Permanent Secretary shall cancel the registration of a manager of a
school- (Amended 3 of 2003 s. 11)

   (a)  (Repealed 27 of 2004 s. 12)

   (aa) if he receives a notice under section 39(2)(a) or 40AK(1)(b)(i) in
        respect of the manager; (Added 27 of 2004 s. 12)

   (ab) if he receives a notice under section 40AW as regards the manager; or
        (Added 27 of 2004 s. 12)

   (b)  at the written request of the manager.

(2A) The Permanent Secretary shall cancel the registration of a manager of a
school without IMC if it appears to him that the manager is no longer
acceptable as a manager of the school to the majority of the managers of the
school. (Added 27 of 2004 s. 12)

(3) (Repealed 42 of 1993 s. 15)