Hong Kong Regulations

NON-LOCAL HIGHER AND PROFESSIONAL EDUCATION (REGULATION) RULES - SECT 5

Premises in which registered course or exempted course is conducted

(Past version on 01/07/1997).
(Past version on 30/06/1997).

Amendments retroactively made-see 29 of 1998 s. 105

(1) An operator of a registered course or an exempted course shall furnish to
the Registrar, in such form as the Registrar may specify, such particulars as
the Registrar may specify in respect of any premises in Hong Kong in which the
course or any part thereof is to be conducted, not later than 3 months before
the course or the part thereof, as the case may be, is to be so conducted, or
such later date (if any) as the Registrar may allow.

(2) (a) An operator of a registered course or an exempted course shall furnish
to the Registrar a certificate complying with the requirements of paragraph
(b) in respect of any premises (other than exempted premises) in Hong Kong in
which the course or any part thereof is to be conducted, not later than 1
month before the course or the part thereof, as the case may be, is to be so
conducted, or such later date (if any) as the Registrar may allow.

   (b)  The certificate required to be furnished under paragraph (a) in
        respect of any premises in which a registered course or an exempted
        course, or any part thereof, is to be conducted-

        (i)    is a certificate issued by the Director of Fire Services
               pursuant to regulation 2(c) of the
               Fire Services Department (Reports and 
               Certificates) Regulations ( Cap 95 sub. leg.); and

        (ii)   shall certify that the use of the premises for the conduct of
               the course or the part thereof, as the case may be, will not
               expose any person in the premises to any undue risk of fire.

(3) (a) A registered course or an exempted course, or any part thereof, shall
not be conducted in any premises (other than exempted premises) in Hong Kong,
without the approval of the Registrar granted under paragraph (c).

   (b)  An operator of a registered course or an exempted course may at any
        time not later than 3 months before the course or any part thereof is
        conducted in any premises in Hong Kong, or such later date (if any) as
        the Registrar may allow, apply to the Registrar, in such form as the
        Registrar may specify, for the grant of an approval for the purposes
        of paragraph

   (a)  .

   (c)  Upon an application to him under paragraph (b) for an approval in
        respect of any premises in which a registered course or an exempted
        course, or any part thereof, is to be conducted, the Registrar may
        grant the approval if he is satisfied, on the information provided for
        the purposes of the application or on any other information available
        to him, that-

        (i)    the operator has furnished to the Registrar particulars in
               respect of the premises in accordance with subsection (1);

        (ii)   the operator has furnished to the Registrar a certificate in
               respect of the premises in accordance with subsection (2)(a);

        (iii)  the conduct of the course or the part thereof, as the case may
               be, in the premises will not expose any person in the premises
               to any undue risk of fire;

        (iv)   the means of escape in case of fire available to persons in the
               premises at any time when the course or the part thereof, as
               the case may be, is to be conducted will be adequate;

        (v)    the premises will be structurally suitable for the conduct of
               the course or the part thereof, as the case may be;

        (vi)   the conduct of the course or the part thereof, as the case may
               be, will not result in a contravention of any approved plan or
               draft plan prepared under the Town Planning Ordinance (
               Cap 131) or of any terms or conditions of the Government lease
               of the land in which the premises are comprised; and (29 of
               1998 s. 105)

        (vii)  the premises will not be unsuitable for any other reason for
               the conduct of the course or the part thereof, as the case may
               be.

(4) (a) An operator of a registered course or an exempted course who fails to
comply with subsection (1) commits an offence and is liable on conviction to a
fine at level 4.

   (b)  Where a registered course or an exempted course, or any part thereof,
        is conducted in any premises in contravention of subsection

(3)(a), the person by whom the course or the part thereof, as the case may be,
is conducted commits an offence and is liable on conviction to a fine at level
4 and to imprisonment for 6 months.

(5) For the purposes of this section, a reference to exempted premises is a
reference to-

   (a)  any premises specified in a certificate of registration within the
        meaning of the Education Ordinance ( Cap 279);

   (b)  any premises specified in a certificate of provisional registration
        within the meaning of that Ordinance;

   (c)  any premises owned or leased by a local institution of higher
        education for educational purposes;

   (d)  any premises which are specified to the effect that they are designed
        and constructed for educational purposes on a plan approved for the
        purposes of section 14(1) of the Buildings Ordinance ( Cap 123);

   (e)  any premises which are-

        (i)    comprised in a hotel in respect of which a licence or a
               certificate of exemption within the meaning of the
               Hotel and Guesthouse  Accommodation Ordinance ( Cap 349) is for
               the time being in force; and

        (ii)	specified as "function room" on a plan approved for the 
purposes of section 14(1) of the Buildings Ordinance ( Cap 123).