Hong Kong Ordinances

EDUCATION ORDINANCE - SECT 9

Exemption of schools from Ordinance

(Past version on 28/02/2003).
(Past version on 01/12/1997).
(Past version on 01/07/1997).
(Past version on 30/06/1997).

(1A) In this section, "interested persons" means, in relation to a school-

   (a)  the owners of the school;

   (b)  the managers of the school;

   (c)  the teachers of the school;

   (d)  persons who are not owners, managers or teachers of the school but
        manage or take part in the management of the school; or

   (e)  the students of the school. (Added 27 of 2004 s. 4)

(1) The following schools and the interested persons of such schools shall be
exempt from this Ordinance- (Amended 27 of 2004 s. 4)

   (a)  any school entirely maintained and controlled by the Government;

   (aa) any school which solely provides regulated courses within the meaning
        of the Non-local Higher and Professional Education (Regulation) 
        Ordinance ( Cap 493); (Added 50 of 1996 s. 43)

   (b)  any school which provides education which is solely religious; and

   (c)  any school which has been exempted from either of the repealed 
        Ordinances by notification in the Gazette and the exemption of which
        has not been withdrawn.

(2) The Chief Executive in Council may, by order published in the Gazette,
withdraw wholly or partly the exemption conferred by subsection

(1) on any school and the interested persons of the school. (Amended 55 of
2000 s. 3)

(3) The Chief Executive in Council may, by order published in the Gazette,
exempt from all or any of the provisions of this Ordinance- (Amended 55 of
2000 s. 3)

   (a)  any school or class or description of school; and

   (b)  the interested persons of such school or class or description of
        school, on such conditions, if any, as he thinks fit.

(4) An order under subsection (3) exempting a school from section  10 shall
not preclude the making of an application for registration of the school or
the registration or provisional registration of the school, and if the school
is registered or provisionally registered the exemption shall cease to have
effect.

(5) The Permanent Secretary may, by order in writing, exempt from all or any
of the provisions of this Ordinance- (Amended 3 of 2003 s. 11)

   (a)  any school which provides education consisting only of a series of
        lectures, or a course of instruction in a particular subject or topic;

   (b)  any school which provides less than 10 hours of academic instruction
        each week; and

   (c)  the interested persons of any school referred to in paragraph

   (a)  or (b), on such conditions, if any, as he thinks fit. (Amended 27 of
        2004 s. 4)

"interested persons"