Hong Kong Ordinances

EDUCATION ORDINANCE - SECT 40AF

Powers of incorporated management committee

(1) An incorporated management committee of a school may do anything that
appears to it to be necessary or expedient for the purposes of, or in
connection with, the proper management, administration or operation of the
school in accordance with the vision and mission and the general educational
policies and principles set by the sponsoring body of the school.

(2) Without limiting subsection (1), an incorporated management  committee of
a school may-

   (a)  take on lease, purchase or otherwise acquire, and hold, manage and
        enjoy property of any description, and sell, let or otherwise dispose
        of the same;

   (b)  subject to section 40AG, employ such teaching staff and non-teaching
        staff as it thinks fit and determine the terms and conditions of
        service of such staff;

   (c)  engage the service of such professionals or other persons as it thinks
        fit and determine their remuneration;

   (d)  use and dispose of the funds and assets owned by it;

   (e)  handle funds and assets received from the Government in the capacity
        of a trustee;

   (f)  open and operate bank accounts and invest its funds in such manner and
        to such extent as it thinks fit;

   (g)  borrow money in such manner and on such security or terms as may be
        expedient;

   (h)  apply for and receive any grant in aid on such terms as may be
        expedient;

   (i)  solicit and receive gifts or donations, whether on trust or otherwise,
        and act as trustee of moneys or other property vested in it on trust;

   (j)  enter into any contract, agreement or arrangement; and

   (k)  do such other things as are provided for by this Ordinance or as are
        necessary for, or incidental or conducive to, the furtherance of the
        object of the school.

(3) The exercise of the power of an incorporated management  committee shall
be subject to-

   (a)  the provisions of this Ordinance or any other law;

   (b)  guidelines (if any) issued by the sponsoring body of the school for-

        (i)    raising funds (including borrowing money); or

        (ii)   entering into any contract, agreement or arrangement involving
               funds other than funds received from the Government;

   (c)  (in the case of an aided school) the relevant code of aid;

   (d)  (in the case of a DSS school) the terms and conditions upon which the
        school joined the Direct Subsidy Scheme administered by the
        Permanent Secretary; and

   (e)  (in the case of a non-aided school in receipt of Government subsidies)
        the terms and conditions for receiving subsidies from the Government
        (if applicable).

(4) Without prejudice to the generality of subsection (3), if a person is
employed by the incorporated management committee of an aided  school to
occupy a post in the establishment of staff provided for in the
relevant code of aid, his terms and conditions of service determined pursuant
to subsection (2)(b) must conform with those provided for in the
relevant code of aid in relation to the post.

(5) In this section, "relevant code of aid" means-

   (a)  in relation to an aided school which is a primary school, the
        code of aid for primary schools;

   (b)  in relation to an aided school which is a secondary school, the
        code of aid for secondary schools;

   (c)  in relation to an aided school which is a special school, a
        practical school or a skills opportunity school, the code of aid for 
        special schools. (PART IIIB added 27 of 2004 s. 16)

"relevant code of aid"