Hong Kong Ordinances

ACCREDITATION OF ACADEMIC AND VOCATIONAL QUALIFICATIONS ORDINANCE - SECT 8

Appointed assessment agency

(1) The Secretary may—

   (a)  appoint one or more assessment agencies for such term as the Secretary
        may specify to grant qualifications, in relation to an industry or a
        branch of an industry, for the purposes of the Qualifications
        Framework;

   (b)  re-appoint an appointed assessment agency, on or before the date of
        the expiry of its term, for such term as the Secretary may specify;
        and

   (c)  impose conditions or restrictions in appointing or re-appointing an
        assessment agency.

(2) The Secretary shall not appoint or re-appoint an assessment agency under
subsection (1) unless the Accreditation Authority determines that the agency
is competent to assess the skills, knowledge or experience acquired by
individuals in relation to the relevant industry or branch of an industry, and
in deciding whether to appoint or re-appoint an assessment agency, the
Secretary shall have regard to—

   (a)  the views of organizations that he considers represent the interests
        of the relevant industry or branch of an industry;

   (b)  the characteristics of the relevant industry or branch of an industry;

   (c)  the fee charging policy of the agency; and

   (d)  any other matters that the Secretary considers appropriate in the
        circumstances.

(3) The Secretary shall keep a list of the names of appointed assessment
agencies.

(4) The list of the names of appointed assessment agencies shall be made
available to the public for inspection free of charge at such place and in
such form and at such reasonable times as the Secretary may specify.

(5) The Secretary may cancel the appointment or re-appointment of an
assessment agency—

   (a)  if the Accreditation Authority determines that the agency is no longer
        competent to assess the skills, knowledge or experience acquired by
        individuals in relation to the relevant industry or branch of an
        industry;

   (b)  if the Secretary is satisfied that the agency—

        (i)    is not able to comply or has not complied with any conditions
               or restrictions imposed under subsection (1)(c); or

        (ii)   has, by its acts or omissions, misconducted itself; or

   (c)  if the Secretary is satisfied that the appointment or the
        reappointment should be cancelled for any other reasonable cause.

(6) If the Secretary decides not to re-appoint an assessment agency under
subsection (1)(b), he shall send a notice of his decision to the agency and
shall state in the notice the reason for the decision.

(7) If the Secretary cancels the appointment or re-appointment of an
assessment agency under subsection (5), he shall send a notice of cancellation
to the agency and shall state in the notice—

   (a)  the reason for the cancellation; and

   (b)  the date on which the appointment or re-appointment is to cease to
        have effect.

(8) If an assessment agency is aggrieved by—

   (a)  a decision of the Secretary not to re-appoint it under subsection
        (1)(b); or

   (b)  a decision of the Secretary—

        (i)    on the length of its term of re-appointment specified under
               subsection (1)(b);

        (ii)   to impose any conditions or restrictions under subsection

(1)(c) in respect of its re-appointment; or

        (iii)  to cancel its appointment or re-appointment under subsection

(5), the agency may appeal to the Administrative Appeals Board but the appeal
shall not affect the operation of the decision.