“registered manager”
The provisions set out in Schedule 3 are amended by repealing “registered manager” and substituting “manager”.
Societies Ordinance 73. Persons to which the Ordinance
does not apply
The Schedule to the Societies Ordinance (Cap. 151) is amended by adding—
“(4A) Any incorporated management committee as defined in section 3(1) of the Education Ordinance (Cap. 279).”.
SCHEDULE 1 [s. 70]
SUBSTITUTE “MANAGEMENT AUTHORITY” FOR “SUPERVISOR” Education Ordinance (Cap. 279)
Sections 18(1), (2) and (3), 18A(1), 20(1) and (6), 21(2) and (3), 49(1)(a), 50(1)(a), 66(1)(a), (d ) and (e) and 91(1)(c) and (d ).
Education Regulations (Cap. 279 sub. leg.)
Regulations 15(1), (2)(a) and (b) and (3), 44, 53(1), 56(6), 60, 60A(1)(ii), 61(1), 62(2), 64, 77, 78, 91(2), 94 and 98(2).
Grant Schools Provident Fund Rules (Cap. 279 sub. leg.) Rules 8(2), (2A) and (3), 9(3) and 9A(3).
Subsidized Schools Provident Fund Rules (Cap. 279 sub. leg.) Rules 8(2), (2A), (3), (4) and (5), 9(3) and 9A(3).
SCHEDULE 2 [s. 71]
SUBSTITUTE “RESPONSIBLE PERSON” FOR “SUPERVISOR” Education Regulations (Cap. 279 sub. leg.)
Regulations 3, 20, 21(1), 23, 52(2), 57(1), (2) and (3), 79, 82, 89(2) and 92(2), (3), (10) and (12).
——————————
SCHEDULE 3 [s. 72]
SUBSTITUTE “MANAGER” FOR “REGISTERED MANAGER” Education Ordinance (Cap. 279)
Sections 8(1)(d )(i) and (ii), 35(2), 36(a) and (d ), 38(1) and (2), 38A(1) and (2), 40 and 87(4).
Summary of Major Provisions and Related Amendments in the Education Ordinance and Education Regulations (Revised)
(Revised on 31 July 2004) I. Summary of Major Provisions
Content Section 1. Submission for the purpose of establishment of incorporated
management committee in respect of operating school
Every aided school shall set up an incorporated management committee (IMC) for managing the school and making decisions.
For the establishment of an IMC, the sponsoring body of a school shall submit to the Permanent Secretary a draft of the IMC constitution before 1 July 2009. Upon the approval of the draft constitution, the sponsoring body shall submit to the Permanent Secretary a list of the proposed managers.
(Note: Depending on the situation, the Legislative Council may extend the deadline for submission of the draft IMC constitution until 1 July 2011 at the latest.)
If a Direct Subsidy Scheme (DSS) school or a specified school intends to establish an IMC, the sponsoring body of the school should notify the Permanent Secretary in writing and submit to the Permanent Secretary the relevant documents within 6 months after the notification.
40BK
40BJ and 40BK
2. General requirement of composition The composition of the IMC shall include:
• managers nominated by the sponsoring body, constituting at most 60% of the total number of managers; (The sponsoring body may appoint one alternate sponsoring body manager.)
• the principal － an ex-officio member;
• one or more teacher manager(s) (if there is only one teacher manager, there should be one alternate teacher manager);
• one or more parent manager(s) (if there is only one parent manager, there should be one alternate parent manager);
• one or more alumni manager(s);
• one or more independent manager(s).
The alternate managers enjoy equal rights as regular managers except 40AL
No one shall serve in more than one category of manager at one time in an IMC.
3. Functions and powers of sponsoring body The sponsoring body shall be responsible for:
• setting the vision and mission for its sponsored schools;
• drafting the constitution of the IMC;
• giving general directions to the IMC in the formulation of education policies of the school;
• overseeing the performance of the IMC;
• deciding the mode of receiving government aid;
• deploying principals and teachers among its sponsored schools under specified conditions;
• issuing guidelines to schools on raising funds and entering into contracts involving non-government funds.
(Please refer to sections 40AE, 40AF and 40AG of the Amendment Ordinance for details)
40AE, 40AF and 40AG
4. Functions of incorporated management committee
The IMC shall be responsible for formulating education policies of the school in accordance with the vision and mission set by the sponsoring body, planning and managing financial and human resources, and school planning and self-improvement of the school.
(Please refer to section 40AE of the Amendment Ordinance for details)
40AE
5. Powers of incorporated management committee
(Please refer to section 40AF of the Amendment Ordinance for details)
40AF
6. Delegation of functions
An IMC may delegate any function (except section 40AE and regulation 76) to any manager (including alternate manager).
40AZ
7. Constitution of incorporated management committee
The constitution of IMC shall be approved by the Permanent Secretary.
40AY
provided for in the constitution. A proposed amendment to the constitution shall be lodged with the Permanent Secretary. If the Permanent Secretary objects to the amendment, he shall issue a notice in writing within one month and specify the reason.
The Permanent Secretary may, by notice to an IMC, require its constitution to be amended in such manner as he may specify to secure compliance with law and general education policies. The IMC shall amend its constitution accordingly.
The IMC may lodge an appeal against the decisions made by the Permanent Secretary on the constitution and subsequent amendments.
Please refer to regulation 75A of the Education Regulations for issues which the constitution of the IMC shall provide.
40AY
61
Regulation 75A
8. Funds and assets
The sponsoring body shall maintain full control of the use of funds and assets owned by it, whereas the IMC can use and dispose of the funds and assets owned by it, and handle funds and assets received from the Government in the capacity of a trustee.
No property belonging to and provided by the Government, the sponsoring body or any other person for the operation of a school shall, by reason of the establishment of the IMC, become property of the IMC.
On the cancellation of the registration or provisional registration of a school, the properties of the IMC will be applied to settle the outstanding debts of the IMC in such manner as the Permanent Secretary considers fair. After the settlement, if any property, which was donated to the IMC remains, the property should be returned to the donor unless the donor indicated at the time of the donation that he did not wish to reclaim the property in the event of the dissolution of the IMC.
40AE and 40AF
40AH
40BE
9. Rights and liability of manager and protection
A manager shall not incur any civil liability in respect of anything 40BI
or purported performance of any function of his office as the manager.
No civil proceedings shall be brought against a manager of a school for anything done or omitted to be done by or on behalf of the IMC unless he has not acted in good faith.
10. Supervisor
The chairperson of the IMC is called “supervisor”, who may be appointed by the sponsoring body or elected by the managers.
The supervisor is responsible for presiding over the meetings of the IMC, signing the statement of accounts and performing such functions as may be provided for in the constitution of the IMC.
(Please refer to section 40AK of the Amendment Ordinance for details)
40AJ
40AK
11. Selection of principal of IMC school
The sponsoring body or the IMC of the school or both may nominate a suitable person in an open, fair and transparent manner for the principal selection committee to select in accordance with the constitution of the IMC. The principal selection committee shall be composed of representatives of the sponsoring body, managers acting as representatives of the IMC, and (where applicable) such other persons as may be provided for in the constitution of the IMC.
57A
12. Teacher and parent manager elections
Teacher managers must be elected in that behalf in an election, the system of which is fair and transparent, and the voting for which is conducted by secret ballot. The teacher managers must be elected amongst the serving teachers of the school. Every teacher has equal voting right and right of candidature.
(Please refer to section 40AN of the Amendment Ordinance for details)
Parent managers must be elected in that behalf in an election the system of which is fair and transparent, and the voting for which is conducted by secret ballot. The election of parent managers shall be conducted by the recognised parent-teacher association of the
40AN
40AO
right and right of candidature.
(Please refer to section 40AO of the Amendment Ordinance for details)
Alternate teacher managers and alternate parent managers shall be elected in the same manner as the regular managers.
40AS
13. Alumni manager election
The IMC or sponsoring body (as may be provided for in the constitution of the IMC) may recognise one body of persons as alumni association for nominating alumni managers. If the school is a bi-sessional school, the IMC or sponsoring body may recognise an alumni association for each session separately. If a school has no recognised alumni association, the IMC may nominate such number of persons as alumni manager of the school as may be provided for in its constitution.
(Please refer to section 40AP of the Amendment Ordinance for details)
40AP
14. Parent manager or independent manager ceases to hold office under certain circumstances
If a parent manager whose child is no longer a pupil of the school, his / her term of office as manager shall continue until its expiry or the end of the school year, whichever is the earlier.
If in a school year an independent manager becomes a person who is (i) a member;
(ii) the spouse or a grand-parent, parent, brother, sister, child or grand-child of a member; or
(iii) an employee,
of the governing body of the sponsoring body of school, his / her term of office as a manager shall continue until its expiry or the end of the school year, whichever is the earlier.
40AV
15. Vacation of office of managers
In determining whether a teacher manager or an alternate teacher manager is suitable to continue to hold office as a manager, a resolution shall be passed by the teachers and (where applicable) specialist staff of the school. The resolution shall be passed in a manner which is similar to that the manager is elected for
40AX
16. Permanent Secretary’s nominee may attend meeting
The Permanent Secretary may, by notice in writing to the IMC, nominate a public officer to attend a meeting of the IMC and offer such advice at the meeting as he thinks fit.
40BA
17. Declaration of interest by managers
A manager shall, at least once in every 12 months, make to the IMC a written declaration which states the particulars of any pecuniary or other personal interests.
A manager shall disclose the particulars of any pecuniary or other personal interest in a matter that is considered or is to be considered at a meeting of the IMC. After the manager has disclosed the pecuniary or other personal interest, he / she shall not be present during any deliberation or take part in any decision with respect to the matter.
The IMC shall keep a register of all disclosures made by the managers, and permit the public to inspect the register of disclosures made under section 40BG.
40BF
40BG
40BH
18. Failure to establish incorporated management committee
If a school fails to establish an IMC before the deadline, the Permanent Secretary may appoint one or more persons to be the managers of the school and hold office until the term of office for which he is appointed expires or the IMC is established (whichever is the earlier); and cancel the registration of any manager of the school.
40BS
19. Aided school becomes DSS school
If an aided IMC school becomes a DSS school, its sponsoring body may apply to the Permanent Secretary for an approval for the school to become a school without an IMC.
40CB
Content Section 1. Permanent Secretary to maintain registers
The Permanent Secretary shall maintain a register of IMCs, in which the name, tenure and category of each manager shall be included and the register shall be available for public inspection.
8
2. Grounds for refusal and cancellation of registration of manager
The age of a manager shall be between 18 and 70 years. If a manager who has attained 70 years intends to serve for the school, he / she shall produce a medical certificate to certify that he / she is physically fit to perform the functions of a manager.
If a manager has been absent without the consent of the IMC from all meetings in a school year, the IMC may notify the Permanent Secretary to cancel the registration of the manager.
30
31
3. Permission to operate school or to act etc. pending appeal
The Permanent Secretary may by notice in writing to an IMC permit the proposed amendments to the constitution to continue to take effect pending appeal.
66
4. Offences and Penalties
Unless with the consent or connivance of an individual manager in the contravention of the ordinance, an individual manager will not incur any criminal liabilities even if the IMC contravenes the provisions in the Education Ordinance.
87
5. Regulation 16 Approval for roof playgrounds Regulation 17 Structural requirements
Regulation 18 Pupils using roof playgrounds to be under supervision Regulation 19 Numbers of pupils allowed on a roof playground or balcony
Regulation 20 Limitation of activities on roof playgrounds The term “verandah” has been repealed in these provisions.
Regulations 16, 17, 18, 19 and 20
6. Sanitary condition
The provision relating to colour washing has been repealed. Regulation 48
7. Teachers’ appointment or dismissal needs approval by managers
term not less than 6 months and occupy a teaching post in the establishment of staff provided for in the codes of aid shall be approved by the majority of all managers of the management committee.
The dismissal of a teacher shall be approved by the majority of managers of a school at a meeting of the management committee or IMC (as may be appropriate).
76
8. Specifications for exit door
Any exit door of the premises of any school must be capable of being opened from inside without using a key when any pupil who does not reside in the school premises is in the school premises.
Regulation 85
9. Hours of instruction
The provisions that no instruction shall be given by any school after 9.30 p.m. or during such hours as may be specified by the Permanent Secretary have been repealed.
Regulation 89
10. Restriction on training for teachers
Unless permitted by the Permanent Secretary, no school shall provide any course of training the completion of which qualifies the participant for being registered as a registered teacher.
Regulation 93
11. Non-resident pupils
The provision that no non-resident pupils shall be on the school premises during such periods of time specified by the Permanent Secretary has been repealed.
Regulation 95
12. Expelled pupil not to enter school premises without permission
No pupil who has been expelled from a school under regulation 96(1) shall enter or remain in the school premises without the permission of the management authority of the school.
Regulation 97
13. Business or trading operations
An IMC shall not, without prior permission in writing by the Permanent Secretary, apply any profits or net income arising from －
(i) any business or trading undertaking operated by or with the permission of the IMC on the school premises; or
(ii) any business or trading arrangement entered into by the IMC,
Regulation 99B
drinks, books, stationery, uniforms or any other thing that is required by the school to be possessed or used by its pupils,
for any purpose not directly benefiting the pupils of the school.
14. Offences
Due to deletion or amendment of the provisions, the IMC shall not incur criminal liabilities in the contravention of the following sections:
Provisions deleted
Regulations 19(2), 48(2), 89, 95 and 97(2)
Provisions not applicable to IMC school
Regulations 46A, 63, 66(2), 83(1), 83(3), 88(aa), 88(a), 88(b), 88(c), 89A and 99A(2)
If IMC managers contravene the following regulations, they shall not be guilty of an offence under regulation 101
Regulations 19(1), 19(3), 47, 62, 65, 67, 79, 80, 81, 82, 83(2), 90, 92(2) and 92(12)
(Please refer to the Amendment Ordinance for details)
Regulation 101