Hong Kong Ordinances

EDUCATION ORDINANCE - SECT 40BE

Dissolution

(Past version on 01/01/2005).

For the saving and transitional provisions relating to the amendments made by
the Resolution of the Legislative Council (L.N. 130 of 2007), see paragraph
(12) of that Resolution. On the cancellation of the registration or
provisional registration of a school under section 22-

   (a)  the incorporated management committee shall be dissolved;

   (b)  the name of the committee shall be removed from the register of
        incorporated management committees; and

   (c)  the properties owned by the committee immediately before its
        dissolution shall be vested in the Permanent Secretary as the
        corporation sole constituted under the Permanent Secretary for
        Education Incorporation Ordinance ( Cap 1098) who shall- (Amended L.N.
        130 of 2007)

        (i)    as far as reasonably practicable, apply the properties to
               settle the liabilities (if any) of the committee which are
               outstanding immediately before its dissolution in such manner
               as he considers fair;

        (ii)   where after such settlement (if any) any property which was
               donated to the committee remains, return the property to the
               donor unless the donor indicated at the time of the donation
               that he did not wish to reclaim the property in the event of
               the dissolution of the committee;

        (iii)  where after such settlement or return (if any) any property
               remains, apply the property towards any purpose which is
               conducive to education in Hong Kong. (PART IIIB added 27 of
               2004 s. 16)