Hong Kong Ordinances

NON-LOCAL HIGHER AND PROFESSIONAL EDUCATION (REGULATION) ORDINANCE - SECT 14

Cancellation of registration

(1) Where a notice is given in accordance with section 13(2)(a) or

   (b)  in respect of a registered course and the period during which
        representations may be made as regards the proposed cancellation has
        expired, the Registrar, after considering such representations (if
        any), if he is satisfied that-

   (a)  (in the case of a course leading to the award of a non-local
        higher academic qualification by a non-local institution which mainly
        operates in a country outside Hong Kong)-

        (i)    the institution is not a recognized non-local institution; or

        (ii)   the standard of the course is not maintained at a level
               comparable with a course conducted in that country leading to
               the same qualification or is not recognized as such by that
               institution, the academic community in that country and the
               relevant accreditation  authority in that country (if any);

   (b)  (in the case of a course leading to award of a non-local
        professional qualification by a non-local professional body which
        mainly operates in a country outside Hong Kong)-

        (i)    the course is not recognized by that professional body for the
               purpose of awarding that qualification or of the claimed
               purpose referred to in section 2(2)(b)(ii); or

        (ii)   that professional body is not generally recognized in that
               country as an authoritative and representative professional
               body in the relevant profession;

   (c)  any tuition fee charged for any part of the course is collected
        before-

        (i)    the period of 3 months; or

        (ii)   the period allowed by the Registrar under section 10(3)(d)(ii)
               in relation to the course, as the case may be, before the
               commencement of that part of the course;

   (d)  the arrangement for payment and refund of the fee charged for the
        course fails to-

        (i)    cater for the operational need of the course; and

        (ii)   protect the students against financial losses resulting from
               premature cessation of the course;

   (e)  a condition imposed under section 12(1) or (2) in respect of the
        course is not fulfilled;

   (f)  the requirement of section 18(3), 19(2) or (3), 20(1), 21(3), 22(2)(a)
        or 36(2) has not been complied with in relation to the course; or

   (g)  the course has ceased to be conducted, may cancel the registration of
        the course.

(2) Where the Registrar cancels the registration of a registered  course, he
shall-

   (a)  (except where the registration is cancelled on the ground referred to
        in subsection (1)(g)) give a notice in writing of the cancellation to-

        (i)    the designated person of that course requiring him to cause a
               copy of the notice to be sent to each student of the course;
               and

        (ii)   the operator of that course;

   (b)  (where the registration is cancelled on the ground referred to in
        subsection (1)(g)) publish a notice of the cancellation-

        (i)    in English in at least one newspaper in the English language
               circulating daily in Hong Kong; and

        (ii)   in Chinese in at least 2 newspapers in the Chinese language
               circulating daily in Hong Kong; and

   (c)  (except where the registration is cancelled on the ground referred to
        in subsection (1)(g)) publish a notice of the notice referred to in
        paragraph (a)-

        (i)    in English in at least one newspaper in the English language
               circulating daily in Hong Kong; and

        (ii)   in Chinese in at least 2 newspapers in the Chinese language
               circulating daily in Hong Kong.

(3) A notice given or published by the Registrar under subsection

(2)(a) or (b) shall-

   (a)  state the decision of the Registrar;

   (b)  state that appeal against the cancellation may be made to the
        Appeal Board within 1 month after the date of the notice; and

   (c)  state the date on which the cancellation will, subject to
        section 16(1), come into effect. (Enacted 1996)