Hong Kong Regulations

EDUCATION (EXEMPTION) (PRIVATE SCHOOLS OFFERING NON-FORMAL CURRICULUM) ORDER - SCHEDULE 2

EMPLOYMENT OF TEACHERS

[section 4]

PART 1

PROVISIONS EXEMPTED

The following provisions of the Ordinance—

   (a)  section 39(2)(d) and (e) (Duties of supervisor);

   (b)  section 42 (Teachers to be registered or permitted teachers);

   (c)  section 48 (Circumstances in which application to employ permitted
        teacher may be made);

   (d)  section 49 (Application to employ permitted teacher);

   (e)  section 50 (Permit to teach);

   (f)  section 51 (Grounds for refusal to issue permit to teach);

   (g)  section 52 (Grounds for cancellation of permit to teach);

   (h)  section 87(3)(f) and (5) (Offences and penalties).

PART 2

CONDITIONS FOR EXEMPTION

1. A teacher who teaches in an exempted school shall possess the minimum
qualifications for a permitted teacher, that is, one or two Hong Kong
Certificates of Education Examination with an aggregate of 5 separate subjects
at Grade E or a higher grade, including—

(a) English Language (Syllabus B), or of a standard which in the opinion of
the Permanent Secretary is equivalent to Grade E or a higher grade in that
Certificate; or

   (b)  Chinese Language. 2. A teacher who teaches secondary 4 or 5 level in
        an exempted school shall possess—

   (a)  a higher diploma issued by a specified institution or an associate
        degree of a specified institution; or

   (b)  a qualification which in the opinion of the Permanent Secretary is
        equivalent to a higher diploma or an associate degree. 3. A teacher
        who teaches secondary 6 or 7 level or post secondary courses in an
        exempted school shall possess—

   (a)  an approved degree of a specified institution; or

   (b)  a qualification which in the opinion of the Permanent Secretary is
        equivalent to an approved degree. 4. The subjects that a teacher is
        required to teach shall only be the ones in which the teacher obtains
        qualifications or has passed the public examinations. 5. A supervisor
        of an exempted school shall—

   (a)  within one month after any teacher commences to teach in the school,
        report to the Permanent Secretary in writing of the name, identity
        card number, qualifications and date of first appointment of the
        teacher;

   (b)  include in the report a statement in writing certifying that the
        information on the teacher is correct; and

   (c)  take reasonable steps to ensure that the qualifications the teacher
        claims to have obtained are genuine. 6. A person specified in
        section 7 of this Part may not teach in an exempted school unless the
        person—

   (a)  is a registered teacher whose registration has not been cancelled
        under section 47 of the Ordinance; or

   (b)  has a permit to teach which has not been cancelled under section 52 of
        the Ordinance. 7. The person referred to in section 6 of this Part is
        one who—

   (a)  has been convicted, whether in Hong Kong or elsewhere, of an offence
        against the persons or involving violence or maltreatment of children;

   (b)  has been convicted of an offence under Part XII of the Crimes 
        Ordinance ( Cap 200) (which deals with sexual offences) or under the
        Prevention of Child Pornography Ordinance ( Cap 579); or (L.N. 113 of
        2004)

   (c)  without prejudice to paragraphs (a) and (b), has been convicted,
        whether in Hong Kong or elsewhere, of any offence and received a
        custodial sentence, a probation order, a community service order or a
        fine exceeding $10000.