CODE OF AID FOR
(Release 1.3, August 2007)
1. This Code of Aid for Aided Schools is written for a pilot run among aided schools that are governed by an Incorporated Management Committee (IMC).
Incorporated Management Committees should comply with the terms in this Code of Aid and abide by such requirements as promulgated in circulars and instructions issued by the Permanent Secretary for Education from time to time and which are incorporated in the School Administration Guide.
2. For interpretation of all regulations, rules and requirements stipulated in this Code of Aid, the relevant legislations, subsidiary legislations, Codes of Practice and promulgated guidelines on which such regulations, rules and requirements are based should be final.
3. All the terms and conditions prescribed in this Code of Aid are for the time being provisional and are subject to revision taking into account the feedback from users on their application and operation. We welcome views and suggestions to improve both the layout and contents of this Code of Aid.
4. Updated release of this Code of Aid will be published from time to time to
reflect and incorporate the changes to the provisions and conditions of
subvention as stipulated in this Code of Aid.
PART I INTRODUCTION
1 Interpretation and Definitions 1
2 General Clauses 2
3 Purposes of the Code 4
PART II GUIDING PRINCIPLES
4 Quality School Education and School-based Management
5 Roles and Responsibilities of an Incorporated Management Committee (IMC)
6 Roles and Responsibilities of the Permanent Secretary over the Management of Aided Schools
10 7 Regulation of the Provision and Level of Subvention 11
PART III PROVISIONS
8 General Rules and Requirements 14
9 Forms of Grants 15
10 Recurrent Grants 15
11 Non-recurrent and Capital Grants 18
12 Other Provisions 19
PART IV CONDITIONS OF SUBVENTION 13 Staffing and Staff Management
13.1 General Rules and Requirements 21
13.2 Appointment of Staff under Salaries Grant 23
13.3 Promotion and Re-grading 26
13.4 Acting Appointment 28
13.5 Termination of Employment 28
13.6 Deployment of Teaching Staff 30
13.7 Change of Rank within Grade 31
13.8 Retirement 32
13.9 Leave 32
13.10 Employment of Non-teaching Staff under Administration Grant or Revised Administration Grant
13.12 Provident Fund and Mandatory Provident Fund
13.13 Outside Duties 36
14 Financial Management
14.1 Principles and Practice 36
14.2 Handling of Income and Expenditure 38
14.3 Collection of Fees and Charges 38
14.4 Acceptance of Donations 40
14.5 Accounting and Auditing 40
14.6 Compliance with Public Accounting Procedures for Procurement of Stores and Equipment
15 Student Matters
15.1 Allocation and Admission of Students 41 15.2 Suspension and Expulsion of Students 42
15.3 School Days and School Holidays 43
15.4 Repetition 43
16 School Premises and Facilities
16.1 IMC’s Responsibility over Maintenance of School Premises
16.2 Use of Funds on Maintenance Works 44
16.3 Change of Room Use 44
16.4 Use of School Premises for Public and Educational Purposes
17 School Development and Accountability
17.1 School Development Plans, Annual School Plans and School Reports
17.2 School Self-evaluation and External School Review
17.3 Documents for Inspection and Public Access 46 17.4 Submission of Information Concerning School
18 Return of Grants 47
PART I INTRODUCTION
1 Interpretation and Definitions
1.1 Interpretation This Code of Aid is
(a) the Code of Aid for Primary Schools;
(b) the Code of Aid for Secondary Schools; and (c) the Code of Aid for Special Schools,
as defined in section 3 of the Education Ordinance Cap.
In this Code of Aid, unless the context otherwise specifies –
“financial management” means the essential elements of financial management and control mechanism. It includes but is not limited to long-term financial planning, annual budgeting and budgetary control, accounting, disclosure and reporting, internal control and external auditing requirements.
“grant” refers to an individual item of subvention for designated purposes to meet the operational need of an individual aided school.
“Permanent Secretary” refers to the Permanent Secretary for Education as defined in the Education Ordinance and also refers generally to the relevant officers in the Education Bureau who are authorised to carry out any function of the Permanent Secretary for Education.
“principal” means a teacher who is defined under section 3 of the Education Ordinance and is approved as the principal of a school, both primary, secondary and special, under sections 53 or 57 and 57A or 58AA of the Education Ordinance, and is performing the functions of a principal as stipulated in section 58 of the Education Ordinance. When the term “teacher” is quoted in this Code of Aid, it should apply to principal as well.
“qualified teacher” refers to any teacher who meets the qualifications for appointment to an appropriate teaching grade in an aided school as specified and promulgated in section 4 “Qualifications for New Recruits” in the Compendium to Code of Aid for Aided Schools.
“specialist staff” refers to any person employed to work in a special school as a school social worker, speech therapist, physiotherapist, occupational therapist, occupational therapy assistant, educational psychologist, nurse, warden, assistant warden, houseparent-in-charge, houseparent, programme worker or brailling staff.
“subvention” is the general description of all forms of government subsidy provided to aided schools, including money paid out of independent funds established by the Government for specific purposes, e.g. Quality Education Fund and Language Fund.
“supervisor” refers to the specific manager of the school as defined in section 40AJ of the Education Ordinance.
2 General Clauses
2.1 This Code of Aid sets out the basic principles and guiding directives which underpin the provision of government subvention for aided schools.
(Pri)/(Sp) – s.1]
(a) It prescribes the provisions for aided schools with an Incorporated Management Committee to enable their delivery of quality school education under the spirit of school-based management in Hong Kong;
New (b) It stipulates the conditions of subvention which the Incorporated Management Committee is required to observe in the delivery of educational outcomes to meet the needs and expectations of the community.
2.2 The Permanent Secretary for Education (the Permanent Secretary) delegates to officers of the Education Bureau
s.2] the day-to-day administration of this Code of Aid.
New 2.3 The provisions in this Code of Aid, unless otherwise specified, apply to all aided primary, secondary and special schools with and governed by an Incorporated Management Committee.
(Pri)/(Sp) – s.3]
2.4 This Code of Aid must be read in conjunction with the Education Ordinance and its subsidiary legislations, and the Compendium to Code of Aid for Aided Schools which forms part of this Code of Aid. Incorporated Management Committees, as well as principals, are also required to comply with the relevant laws of Hong Kong and administrative guidelines including, but not limited to the following:
(a) Education Ordinance;
(b) Education Regulations;
(c) Compendium to Code of Aid for Aided Schools which provides details and supplementary information on a particular subject/issue originated and prescribed in this Code of Aid;
(d) Other ordinances and codes of practice, e.g.
Employment Ordinance, Employees’
Compensation Ordinance, Prevention of Bribery Ordinance, Personal Data (Privacy) Ordinance, Copyright Ordinance, the various Ordinances with which the Code of Practice on Employment issued by the Equal Opportunities Commission is based (i.e. Sex Discrimination Ordinance, Disability Discrimination Ordinance, Family Status Discrimination Ordinance, etc.), as may be applied to school management and administration, and financial management and control, procurement of stores and services, which may not be mentioned or quoted in this Code of Aid; and
(e) Circulars, instructions and guidelines issued by the Education Bureau from time to time.
2.5 The Incorporated Management Committee, as well as the principal, should also refer to the School Administration Guide in establishing transparent and accountable
Source Reference administrative procedures and practices in respect of
school management, and to observe the rules and requirements as promulgated from time to time in those circulars, instructions and guidelines that are incorporated in or attached to the School Administration Guide.
3 Purpose of the Code
New 3.1 This Code of Aid prescribes the terms and conditions under which the Government gives subvention to aided schools as follows:
Part II – Guiding Principles Part III – Provisions
Part IV – Conditions of Subvention
Details and supplementary information in respect of the various provisions and the requirements and conditions as attached to such provisions are prescribed in the Compendium to Code of Aid for Aided Schools.
New 3.2 By receiving such government subsidies as elucidated in this Code of Aid, the Incorporated Management Committee, being the trustee of government subvention, and the aided school under its management are required to observe the principles underlying the provision of grants and comply with the conditions of subvention and other requirements as stipulated in Parts II to IV of this Code of Aid. Failure to comply with the terms and conditions of this Code of Aid may lead to withdrawal of subsidies from the Government.
New 3.3 Under the provisions of this Code of Aid, the Incorporated Management Committee, as well as the principal, should also observe and assume:
(a) the statutory requirements which they must observe in operating an aided school and the sanctions provided under the law for any breach of the provision;
(b) the requirements for receiving the various government subvention for funding the operation of an aided school;
(c) their roles and responsibilities over the operation and management of the school;
(d) their roles and contributions to the professional education community through sharing of education expertise and resources; and
(e) their obligations over the updating of school data and timely submission of accurate information in respect of their schools, teachers and students as requested by the Education Bureau from time to time.
PART II GUIDING PRINCIPLES
4 Quality School Education and School-based Management
4.1 The successful delivery of quality school education in Hong Kong requires the joint efforts of the Education Bureau, Incorporated Management Committees and other stakeholders.
4.2 Broadly speaking, quality school education bears the following characteristics:
(a) a clear focus on the learning outcomes of students which meet the aspirations of the community in an accountable and effective way;
(b) high expectations in the pursuit of excellence in both academic and other domains of education;
(c) moral leadership and team work among stakeholders including the school managers, the principal, teachers and parents; and
(d) catering for individual differences through appropriate use of learning and teaching strategies and flexible deployment of resources to meet individual needs.
4.3 School-based management is an initiative to support schools in delivering quality school education. It devolves to schools the responsibility for ensuring the effectiveness of student learning and decision-making discretion on the use of resources, and provides schools with enhanced flexibility and autonomy in managing their own operation, as well as in planning for school development in accordance with their own circumstances and the needs of their students.
4.4 Schools are obliged to practise and support school-based management through the establishment of a corporate governance structure in the form of Incorporated Management Committee. An Incorporated Management Committee is to build quality school education on the
Part IIIB, Education Ordinance
basis of participatory decision-making, transparency and accountability in ways that reflect the individuality and characteristics of the school.
4.5 For the establishment of a proper corporate governance structure, the Incorporated Management Committee is reminded to elect its managers in an open and fair manner as provided for in its constitution and in accordance with the Education Ordinance. A fiduciary and committed team of managers sharing the vision and values of the school and providing strategic decision for the development of the school is the keystone for success in delivering quality school education.
Section 40AL, Education Ordinance
4.6 Incorporated Management Committee managers should fully commit themselves to the principles of honesty, integrity and fair play in managing the school, and ensure that school affairs and business are dealt with in a transparent and impartial manner. The Incorporated Management Committee must put in place an effective and adequate system of checks and balances to avoid conflict of interests among managers and managers must declare personal interests in accordance with the requirements of the Education Ordinance and guidelines issued by the Education Bureau.
Sections 40BF &
40BG, Education Ordinance
4.7 The Incorporated Management Committee must ensure that both its managers and staff have observed the Prevention of Bribery Ordinance (Cap. 201), in particular section 9 governing the solicitation and acceptance of advantages in relation to the affairs or businesses of the school.
Prevention of Bribery Ordinance
5 Roles and Responsibilities of an Incorporated Management Committee
5.1 The Incorporated Management Committee should be familiarized with the roles and responsibilities over the management and operation of the school under the school-based management and corporate governance framework as delineated in this Code of Aid.
Sections 40AD, 40AE & 40AF, Education Ordinance New
5.2 The Incorporated Management Committee is ultimately responsible and accountable for the management and
Source Reference performance of an aided school and the learning outcomes
of students. The Incorporated Management Committee should also ensure the cognitive, moral and affective development of students for achieving all-round development.
5.3 Under the school-based management and corporate governance framework, an Incorporated Management Committee should be responsible for:
(a) setting the strategic mission and policies of the school;
(b) providing leadership to put these mission and policies into effect;
(c) supervising the management of the school; and (d) reporting to stakeholders on its stewardship.
New 5.4 The Incorporated Management Committee is required to implement in school the curriculum recommended by the Curriculum Development Council and in accordance with the latest curriculum and assessment policies as promulgated from time to time by the Education Bureau.
5.5 At the strategic management level, an Incorporated Management Committee should:
(a) align every manager with a thorough and shared understanding of the purpose and goals of every school policy and education related initiative, and a shared commitment to achieve the desired outcomes;
(b) formulate school-based education policies in accordance with the vision and mission set by the sponsoring body, uphold the integrity and propriety of the school, approve development plans which will ensure the best interests of the students, endorse learning and teaching strategies which focus on improving the learning outcomes of students;
(c) formulate effective school-based curriculum and assessment policies on the basis of the curriculum and assessment guides as recommended by the
Curriculum Development Council and the Hong Kong Examinations and Assessment Authority; and (d) formulate admission policies which should be open and fairly exercised for its school, and which dovetail education aims such as:
(i) implementing all-round development for students;
(ii) catering for individual differences and multiple intelligence of students;
(iii) enhancing students' motivation to learn and developing their ability of learning to learn;
(iv) developing students' attitude and ability for life-long learning.
5.6 At the supervisory management level, an Incorporated Management Committee should:
(a) being the trustee of government subvention, assume full responsibility in handling personnel and employment matters, dealing with complaints from staff and the public, ensuring the use of funds in a cost-effective and value-for-money manner, and familiarizing itself with the Education Ordinance, education policies and new initiatives;
School Administration Guide
(b) ensure that financial and human resources are put to the best use to maximize the effectiveness and efficiency of learning and teaching, and to promote the interest of students; and
(c) dedicate resources and efforts for continuous self-improvement and strive for excellence by putting in place vigorous regular internal evaluation mechanism and participating in external evaluation which will ensure quality outcomes in learning and teaching.
5.7 In accounting for and reporting to stakeholders on its stewardship, an Incorporated Management Committee should:
Source Reference (a) be directly accountable to parents and the public as
well as the Permanent Secretary for Education and the Education Bureau for the learning outcomes of students, and the management and operation of the school; and
(b) increase the transparency of school operation by sharing school data and information on school management with parents and other stakeholders.
5.8 An Incorporated Management Committee should also assume social responsibility towards contributing to the professionalism and well-being of the education community. This includes the obligation to:
(a) provide practicum opportunities or internship for student teachers;
(b) share information and education resources, disseminate expertise and good practices with schools with similar experiences and aspirations;
(c) assist in the conduct of public examinations, including but not limited to the provision of venue, invigilators, and setters and markers of examination papers.
6 Roles and Responsibilities of the Permanent Secretary over the Management of Aided Schools
6.1 The Permanent Secretary is responsible for the enforcement of education and related policies and regulations to promote quality education in Hong Kong, and safeguard the interests of students through:
(Pri)/(Sp) – s.2&4]
(a) allowing school management the necessary autonomy in general administration, finance and personnel matters but at the same time requiring a high degree of accountability for school performance;
(b) monitoring and ensuring the proper and effective use of grants and public funds by aided schools;
(c) issuing directions and instructions from time to
time concerning the management and administration of aided schools;
(d) conducting inspections of schools, as well as all internal documents and records as may be required to ensure quality, effectiveness and improvement in learning and teaching, and for purposes of assuring public accountability in the light of public interest;
Sections 80 & 81, Education Ordinance
(e) nominating public officer(s) to attend meetings of the Incorporated Management Committee if it appears to him that such participation will be conducive to the operation and performance of the school; and
Section 40BA, Education Ordinance
(f) appointing “managers of the school for such period as he thinks fit” as stated in section 41 of the Education Ordinance if it appears to him:
(i) “that a school is not being managed satisfactorily or that the education of the pupils is not being promoted in a proper manner”; or
Section 41, Education Ordinance
(ii) “that the composition of the management committee of a school is such that the school is not likely to be managed satisfactorily, or is such that the education of the pupils is not likely to be promoted in a proper manner”; or
(iii) “that for any reason a school has no manager”.
Such cases in (f) (i) & (ii) above may include but not be confined to prolonged disputes among managers which are adversely affecting the normal operation of school, school’s falling into serious financial chaos … etc.
7 Regulation of the Provision and Level of Subvention
(Pri) – s.9-10&12;
7.1 The level of subvention is mainly based on the approved class structure of an aided school which, in turn, is determined by student enrolment at each level following the relevant school places allocation systems such as
s.8-9&11] Primary One Admission, Secondary School Places Allocation, Junior Secondary Education Assessment and Secondary Six Admission in operation at the time, and other factors such as the established referral and placement mechanism in the case of special schools, the subsequent change in student enrolment at all levels arising from dropout and admission of students during a school year, etc.
7.2 The accommodation and facilities available in individual schools, the quality of learning and teaching, the interests of students, school leadership and culture, and the needs and aspirations of the community will also be taken into account when approving the class structure of an aided school.
7.3 The Incorporated Management Committee may give its opinion and suggestion regarding the class structure of its school to the Permanent Secretary prior to his decision on the class structure of the aided school.
7.4 The Permanent Secretary, in consideration of particular circumstances and factors involved, has the discretion to determine provision and level of grants to each school as he considers necessary and appropriate.
7.5 As a general condition of government subvention, an Incorporated Management Committee is required to manage its school properly and to ensure that students are adequately prepared for further education or work, as the case may be. When an aided school fails to meet the requirements as stipulated in this Code of Aid, or if there is overwhelming evidence to suggest that:
(a) the school is not educating its students properly, or falling into serious financial chaos that impede the further development of the students; or
(b) the conditions of subvention as stipulated in this Code of Aid are not complied with,
the Permanent Secretary will give notice of improvement to the Incorporated Management Committee. If the Incorporated Management Committee fails to make improvement within the period specified in the notice, the
Section 82, Education Ordinance
Permanent Secretary may revise the class structure of the school, or reduce, withhold or withdraw any grant made to the school as appropriate in the circumstances so as to safeguard the interests of students and the Government.
PART III PROVISIONS
8 General Rules and Requirements
8.1 As a general rule, all subvention provided to aided schools are approved by the Finance Committee of the Legislative Council. The Permanent Secretary is authorised, in accordance with the approved funding ambit, to allocate the grants to schools for achieving the desired policy outcomes.
8.2 The Incorporated Management Committee must be prudent in and accountable for the use of public money, which is provided to the school in the form of grants under this Code of Aid, and any other government funds of educational nature with designated purpose or use.
(Pri) – s.9-10;
COA(Sp) – s.8-9]
8.3 The Permanent Secretary may regulate the provision and level of grants provided under this Code of Aid and other educational funds in accordance with the requirements and procedures governing provision of such funds to ensure the use of public money in a cost-effective and value-for-money manner.
(Pri) – s.6;
COA(Sp) – s.5]
8.4 As a condition of grant, the Director of Audit may, if he considers it necessary in the public interest, have access to records and accounts of a school in receipt of grants under the terms of this Code of Aid and to the records and accounts of any controlling or any other agencies to which the money from the school is diverted, and the money so diverted is directly or indirectly involved with the expenditure of public money, or special funds established for educational development out of the income of such a school other than government grants.
New 8.5 Anti-corruption Procedures
The Independent Commission Against Corruption may examine the procedures and practices in an aided school with a view to providing corruption prevention advice to the Incorporated Management Committee. The school is expected to heed the advice given by the Independent Commission Against Corruption and to take such remedial
actions as appropriate.
It is the responsibility of each Incorporated Management Committee to ensure that both school managers and staff shall observe the Prevention of Bribery Ordinance (Cap.
201), in particular section 9 governing the solicitation and acceptance of advantages in relation to the school's affairs or business.
9 Forms of Grant
9.1 Aided schools are provided with subvention in the form of grants to cover the basic requirements of a school.
(Pri) – s.7;
COA(Sp) – s.6]
(Pri) – s.8;
COA(Sp) – s.7]
9.2 Grants are provided in the form of recurrent, non-recurrent, or capital funding to serve a specific purpose or designated use. In addition, the Incorporated Management Committee may apply for other sources of educational funds to support the need and development of the school to enhance learning and teaching. These additional funds are to be used solely for the implementation of new educational initiatives and programmes as approved for the purpose by the educational fund concerned.
10 Recurrent Grants
Recurrent grants are categorised into Salaries Grant and Non-salaries Grant.
10.1 Salaries Grant
(Sp) – s.17;
COA(Pri) – s.19]
The approved Salaries Grant is paid monthly and consists of the approved salaries for all teaching and non-teaching staff covered under the approved staff establishment of the school as prescribed in the Compendium. The actual amount of Salaries Grant is subject to adjustment taking into account the income from approved tuition fee1, if any.
Section 1, Compendium
(a) Rates of Salaries and Allowances for Staff Covered under the Salaries Grant
[COA(Sec)/ (i) The Incorporated Management Committee Sections 2 & 8, Compendium
1 For those fee-charging aided primary schools that receive a lower School and Class Grant, they will not have their fee income deducted from their Salaries Grant.
(Pri) – s.22;
COA(Sp) – s.23]
must pay the appropriate rates of salaries and allowances to all teaching and non-teaching staff, within the approved staff establishment covered by the Salaries Grant, in accordance with the salary scale and allowance as detailed in the Compendium.
(Pri) – s.23;
COA(Sp) – s.24]
(ii) Salaries of all staff should commence from the date of assumption of full duties, and should cease immediately after the last day of performance of full duties, except for the special conditions as detailed in the Compendium where staff may be granted salaries for an extended period beyond the assumption or performance of full duties.
Section 3, Compendium
(b) Award/Withhold of Incremental Credit
(Pri) – s.24(a);
COA(Sp) – s.25(a)]
(i) Salary increments are provided for staff on an annual basis when they fall due.
Increments for part-time teachers are based on the due proportion of the full-time scale, and also given on an annual basis when they fall due.
(Pri) – s.24(b);
COA(Sp) – s.25(b)]
(ii) When it appears to the Incorporated Management Committee that the service of a member of the staff has been unsatisfactory, the Committee may withhold an annual increment. The decision to withhold an annual increment of a staff member, together with the reasons for so doing, must be endorsed and properly recorded at the meeting of the Incorporated Management Committee. For the purpose of salary administration, the Permanent Secretary should immediately be informed in writing.
Appendix A, Supplement to School Administration Guide
(c) Recognised Experience for Incremental Credit
(Pri) – s.25;
COA(Sp) – s.26]
On appointment to an aided school, a teacher should receive incremental credit for full-time or part-time previous post-qualification teaching experience on the basis of one increment for each
School Administration Guide/Guide to Salary
year of full-time service or the equivalent in aggregated part-time service in:
(i) a government school;
(ii) an aided school;
(iii) a caput school/school under the Direct Subsidy Scheme; or
(iv) a private school offering formal curriculum2.
(d) Only recognised post-qualification experience supported by documentary evidence would be counted for increments. Service in schools outside Hong Kong would be assessed for the purpose of increments on a case-by-case basis according to individual merits.
Revised [COA(Sp) – s.26(b)]
(e) Incremental credit for experience may also be awarded in accordance with the above principles to laboratory technicians, occupational therapists, physiotherapists, speech therapists, educational psychologists, nurses and staff in the social work officer or social work assistant grade.
10.2 Non-salaries Grant
New Non-salaries Grants are provided for specific purpose or designated use to meet expenditure, other than salaries of staff covered within the approved staff establishment.
(a) Expanded Operating Expenses Block Grant
This is a recurrent block grant made up of virtually all non-salary recurrent grants to aided schools to meet the administration and operating expenses of schools. The Incorporated Management Committee is given the flexibility in the use and deployment of this grant to meet the operational and developmental needs of the school, and to use the surplus of this grant to top up non-recurrent
Section 11, Compendium
2 Service in private schools offering formal curriculum prior to 1 September 1971 should be credited on the basis of one increment for two years full time service or the equivalent in aggregated part-time service.
Source Reference expenses for projects approved/funded by the
Schools should establish proper procedures, objective criteria and clear approving authority for transferring the surplus out of this Grant. Details of the grant and its ambit are set out in the Compendium.
(b) Other Grants
These grants are provided for specified purposes and cannot be deployed for other uses. Examples are the Teacher Relief Grant and the Rent and Rates Grant.
(i) The Teacher Relief Grant is a cash grant to enhance schools’ flexibility in employing temporary teaching-related staff and procurement of education-related services.
It comprises two components; a basic cash grant and an optional cash grant. The basic cash grant is an annual recurrent cash grant for the employment of supply teachers, where necessary, to substitute teachers on approved leave for less than 30 days. In addition, schools may opt to obtain a further cash grant by freezing up to 10% of their teaching establishment, on a temporary or permanent basis. Details of the grant are set out in the Compendium.
Section 12, Compendium
(ii) The Rent and Rates Grant is to cover the rent, government rent and rates as assessed and approved by the Government.
The level of provision of the above grants may vary for individual schools and their availability is subject to adjustment and review.
11 Non-recurrent and Capital Grants
Revised [COA(Sec) – s.40;
11.1 The Permanent Secretary may approve non-recurrent grants in respect of major repairs projects under the annual estimate exercise which is announced through annual
COA(Sp) – s.45]
circulars, and furniture and equipment (not covered under Expanded Operating Expenses Block Grant) as announced through call circular from time to time. The level of provision for these grants is based on the approved tendered cost or actual cost, whichever is the less.
Revised [COA(Sec) – s.41-42;
COA(Pr) – s.40-41;
COA(Sp) – s.46-47]
11.2 The Permanent Secretary may also approve capital grant in respect of extension to, redevelopment of or re-provisioning of an existing school, administered under the terms of this Code of Aid. The application procedures and other details of these non-recurrent grants are set out in the Compendium.
Section 13, Compendium
New 11.3 The Permanent Secretary may also approve other one-off non-recurrent grants under designated policy initiatives.
The level of provision for such grants will be determined by the objective and the ambit of the initiative.
12 Other Provisions
Government to Carry the Risk of Damage or Loss
Revised [COA(Sec) – s.43(a);
COA(Pr) – s.42(a);
COA(Sp) – s.48(a)]
12.1 The Government would carry the risk of damage or loss to the school premises of aided schools including furniture and equipment caused by fire, natural disasters, other perils or malicious acts of any person; loss of standard items and loss of government funds by theft and burglary.
Details concerning the procedures for assessment and settlement of claims for damage, destruction or loss of standard items in the cases mentioned above, and related security measures are set out in the School Administration Guide.
School Administration Guide
Insurances and other Forms of Subsidies
12.2 The following insurance is provided for all aided schools:
(a) Public Liability Insurance covers accidental injury to any person, and accidental damage to or loss of property;
Revised [COA(Sec) – s.43(b)-(c);
COA(Pr) – s.42(b)-(c);
COA(Sp) – s.48(b)-(c)]
(b) Employees’ Compensation Insurance covers compensation to employees whose salaries are subvented by the Education Bureau (i.e. including those employees whose salaries are funded by Non-salaries Grants) for death or injury by accident
Section 40, Employees’
Source Reference or disease under the Employees' Compensation
(c) Group Personal Accident Insurance covers accidental death and disablement of students while the students are participating in any school activities; and
New (d) Incorporated Management Committee Liability
Insurance covers management liability, vicarious educator liability and employment related matters to protect the Incorporated Management Committee and its managers from liabilities arising from decisions of the Incorporated Management Committee.
Details of the above insurance items (a) to (d) are announced through circular from time to time.
12.3 The Incorporated Management Committee may take out separate insurance cover for items not covered by the above.
12.4 Non-recurrent subsidies of specific nature are provided, where necessary, to support learning and teaching needs such as the Teacher Professional Preparation Grant which enables schools to create capacity and opportunities for the professional development of teachers in preparing for the New Senior Secondary Curriculum.
PART IV CONDITIONS OF SUBVENTION
13 Staffing and Staff Management
13.1 General Rules and Requirements
(a) The Incorporated Management Committee is responsible for the management of a professional and dedicated team of teaching and non-teaching staff in school. The school should be a professional learning community where all teaching staff would strive for quality school education in the interest of the students and commit themselves to continuous professional development.
(b) In all circumstances, the Incorporated Management Committee is required to adopt an open, fair and competitive appointment system, and to uphold the principles of meritocracy, natural justice, equal opportunity and fairness in handling all appointment, personnel and staff-related matters.
(Pri) – s.49(a)-(b);
COA(Sp) – s.53(a)-(b)]
(c) The Incorporated Management Committee, being ultimately responsible and fully accountable for the appointment, promotion, resignation, retirement, termination, dismissal and any other staffing matters, must ensure compliance of relevant requirements of the Education Ordinance and Regulations, Employment Ordinance and employment-related ordinances, and relevant provisions in this Code of Aid, including such instructions as the Education Bureau may issue from time to time.
School Administration Guide
(d) The Incorporated Management Committee should maintain a systematic and updated employment and personnel record of staff at all times. All cases of staff management issue should be well documented so that proof of evidence can be available in the event of any possible allegation of impropriety on staff management.
Section 49A, Employment Ordinance
(Pri) – s.51(d);
COA(Sp) – s.55(e)]
(e) There should not be any discrimination against any employee or job applicant. The Incorporated Management Committee is reminded to observe the relevant provisions in the Code of Practice on Employment issued by the Equal Opportunities Commission.
(Pri) – s.49(a);
COA(Sp) – s.53(a)]
(f) For appointment and dismissal of teachers (including temporary teachers who are employed for a term of not less than 6 months), the Incorporated Management Committee is required to further observe regulations 76, 77 and 78 of the Education Regulations, in particular regulation 76 which stipulates that:
Education Regulations 76, 77 & 78
(i) “The appointment of any teacher who is to be employed in the school – (a) to occupy a teacher post in the establishment of staff provided for in the code of aid for primary schools, code of aid for secondary schools or code of aid for special schools; or (b) for a term for not less than 6 months, shall be approved by the majority of the managers of the school”; and
(ii) “The dismissal of any teacher who is employed in the school – (a) to occupy a teacher post in the establishment of staff provided for in the code of aid for primary schools, code of aid for secondary schools or code of aid for special schools; or (b) for a term for not less than 6 months, shall be approved by the majority of the managers of the school at a meeting of the management committee or incorporated management committee (as may be appropriate).”
(Pri) – s.49(b);
COA(Sp) – s.53(b)]
(g) For the purpose of salary administration, the Incorporated Management Committee should notify the Education Bureau, in the first instance, of any staff changes stating such details as name and post, the effective date, the period of notice given. All staff record should be properly
maintained and kept up to date for inspection by the Education Bureau, if required.
13.2 Appointment of Staff Under Salaries Grant
(a) Appointment of the following staff under Salaries Grant is subject to the approval of the Permanent Secretary:
(Pri) – s.50(a);
COA(Sp) – s.54(a)]
(ii) Teachers above the age of sixty;
(iii) Any teachers other than qualified teachers as defined in this Code of Aid3; and
(iv) Temporary Native-speaking English Teachers.
Any recommendation for approval of appointment in the above categories must have the support of the majority of the members of the Incorporated Management Committee in accordance with regulation 76 of the Education Regulations as quoted in 13.1(f) above.
Education Regulation 76
Verification of the Eligibility for Appointment and Assessment of Salaries
(Pri) – s.50(b);
COA(Sp) – s.54(b)]
(b) The principal is required to check the eligibility of a person for appointment and is responsible for accurately assessing the salaries of staff employed under the Salaries Grant in accordance with the requirements of this Code of Aid and relevant rules as promulgated in the circulars/documents issued by the Education Bureau.
School Administration Guide/
Guide to Salary Assessment
(Sp) – s.17(b);
COA(Pri) – s.19(b)]
(c) The Incorporated Management Committee is responsible for making arrangement with the staff concerned to rectify any overpayment or underpayment of salaries. In the event of overpayment, the Education Bureau will adjust any
Section 32, Employment Ordinance
3 This includes registered teacher by merit of ten-year recognised teaching experience and “unqualified” teacher i.e.
any teacher who does not meet the requirements for appointment as a “qualified teacher” as defined in this Code of Aid. The Incorporated Management Committee of an aided school may, if a qualified teacher is not available to fill a vacant teaching post, with full justification, temporarily employ an unqualified teacher except for the teaching of specific subjects which require teachers of special training or qualifications. The salary for “unqualified teacher”
is shown in Section 2 of the Compendium to Code of Aid for Aided Schools.
Source Reference overpaid salaries identified in the next immediate
subvention payment to the school concerned. The school should recover any such overpayment from the relevant staff and bear any loss if irrecoverable4. The Incorporated Management Committee is reminded to observe the Employment Ordinance in the recovery of any advance or overpayment of salary through salary reduction from staff concerned.
(d) Schools should keep all copies of certificates and testimonials, and appointment forms and any other relevant documents in respect of all staff employed for inspection as and when required.
(Pri) – s.52(c);
COA(Sp) – s.56(c)]
Qualifications Required for Employment of Staff
(Pri) – s.53;
COA(Sp) – s.57]
(e) Qualifications required for employment of staff paid under the Salaries Grant in an aided school are promulgated through circular from time to time.
Section 4, Compendium
Revised [COA(Sec) – s.54;
COA(Sp) – s.58]
(f) The Incorporated Management Committee should, in considering the appointment of teaching staff, give preference to persons who, in addition to the minimum qualification for employment, possess a recognised degree and professional qualification in education.
Appointment of Principal
(g) Appointment of principal must be approved by the Permanent Secretary in accordance with sections 53 to 57 of the Education Ordinance.
Sections 53,54, 55, 56 & 57, Education Ordinance
Selection of Principal
New (h) The Incorporated Management Committee must, before recommending any person to be appointed principal of the school for approval by the Permanent Secretary, comply with section 57A of the Education Ordinance regarding the appointment of a principal selection committee:
Section 57A, Education Ordinance
4 The Incorporated Management Committee is reminded that in accordance with section 4 of the Limitation Ordinance, Cap 347, recovery of overpayment from staff concerned should be made within the 6-year liability period as prescribed in the Limitation Ordinance.
“A principal selection committee shall (a) be accountable to the incorporated management committee; and (b) be composed of:
(i) representatives of the sponsoring body of the school;
(ii) managers of the school acting as representatives of the incorporated management committee; and
(iii) (where applicable) such other persons as may be provided for in the constitution of the incorporated management committee.”
(i) The process of selecting the principal must be open, fair and transparent and in accordance with section 57A of the Education Ordinance.
(Pri) – s.51(a)-(c);
COA(Sp) – s.55(a)-(d)]
(j) The Incorporated Management Committee should, in consideration of maintaining a healthy school environment and in the interest of the students, decide whether to require each staff member (other than supply staff paid on daily rate) to undergo a medical examination including a chest X-ray examination by a registered medical practitioner before appointment.
Education Regulation 54 School Administration Guide
Letter of Appointment or Contract of Service
New (k) (i) The Incorporated Management Committee should, before employment begins, inform employees clearly the terms of employment in the form of letter of appointment or contract of service, and its expectation on employees’ performance which should be consistent with the education policies, relevant provisions in the Code of Aid, Employment Ordinance and other relevant ordinances.
Section 44, Employment Ordinance
Revised [COA(Sec) – s.56(a)-(b);
(ii) For appointment of teachers under the Salaries Grant, the Incorporated Management Committee should furnish
Education Regulation 77
COA(Pri) – s.55(a)-(b);
COA(Sp) – s.60(a)-(b)]
them with a letter of appointment in accordance with regulation 77 of the Education Regulations which stipulates that:
“The management authority shall be responsible for issuing to all teachers letters of appointment which shall set out (a) conditions of service; (b) salary scale; and (c) conditions of termination of appointment.”
Schools should specify the terms and conditions of service in the letter of appointment or contract of service as provided in the Compendium. Moreover, they should make it clear in the letter of appointment or contract that the condition of service may be renewed as appropriate at regular intervals. Where termination of employment is concerned, the Incorporated Management Committee must observe the requirements as expounded in section 13.5 of this Code of Aid.
Section 3, Compendium School Administration Guide
(iii) The appointment of specialist staff to aided schools should follow the principles outlined in sub-sections (i) and (ii) above where applicable.
Revised [COA(Sec) – s.57;
COA(Pri) – s.56;
COA(Sp) – s.61]
(iv) Teachers and specialist staff on first appointment to an aided school should normally serve a probationary period of two years, during which employment may be terminated by due notice or payment in lieu of notice as prescribed in the Compendium.
Thereafter, termination of employment will require a minimum of three months of notice, or payment in lieu as prescribed in the Compendium, and any other conditions as stipulated in the letter of appointment or contract of service.
Section 6, Employment Ordinance Section 6, Compendium
13.3 Promotion and Re-grading
Revised (a) Except for promotion to the post of principal which School
[COA(Sec) – s.60;
COA(Pri) – s.59;
COA(Sp) – s.65]
is subject to the approval of the Permanent Secretary, the Incorporated Management Committee may approve promotion and re-grading of all staff members (including direct appointment of staff to promotion posts) in accordance with the conditions under which teaching and other staff may become eligible for promotion and re-grading and other relevant requirements as stipulated in the Compendium.
Section 5, Compendium
(b) The Incorporated Management Committee must, before approving promotion or re-grading of staff, check and ensure that the actual strength of staff of the school will not exceed the approved entitlement in respect of grades and ranks of appointment.
(c) The Incorporated Management Committee must put in place fair and open criteria and procedures prior to and in processing all cases of promotion and re-grading, and in compliance with any such instructions as the Education Bureau may from time to time issue. For the purpose of salary administration, the Incorporated Management Committee must inform the Education Bureau of all cases of promotion and re-grading promptly.
School Administration Guide
(d) The records of promotion and re-grading must be well documented and properly maintained for the purpose of management audit.
Revised [COA(Sec) – s.61;
COA(Pri) – s.60;
COA(Sp) – s.66]
(e) Direct Appointment of Teachers to Promotion Ranks
New The Incorporated Management Committee, on the basis of appointment by meritocracy, has the discretion to decide on direct appointment of teachers to promotion ranks other than those of headship to meet the operational and developmental needs of the school. The criteria for such arrangement should be announced beforehand and made open. Also, the decision must be supported by the majority of members of the Incorporated Management Committee and is fully justifiable. The process of recruitment must
Appendix D, Supplement to School Administration Guide
Source Reference be opened up to all and the selection/appointment
must be objective, fair and transparent. The justification, recruitment procedures and assessment of candidates must be fully documented and be made available for the purpose of management audit.
13.4 Acting Appointment
Revised [COA(Sec) – s.62-63;
COA(Pr) – s.61;
COA(Sp) – s.67]
The Incorporated Management Committee may approve full-time regular teachers for acting appointments to fill approved functional posts (other than those headship posts left vacant due to retirement, resignation or termination of service) when such posts are left vacant for a period of not less than 30 consecutive calendar days. Details of acting appointments and the award of acting allowances are set out in the Compendium.
Section 8, Compendium
13.5 Termination of Employment
New (a) Termination of employment may arise due to:
(iii) redundancy; or
(iv) non-renewal of probation contract.
The Incorporated Management Committee must process each case of the termination of employment of staff paid out of the Salaries Grant in accordance with all employment related rules and regulations under relevant ordinances and legislations. For termination of employment with teachers and specialist staff, the Incorporated Management Committee should also observe the conditions and procedures as stated in the Compendium.
Sections 6, 7, 9 &
10, Employment Ordinance Section 6, Compendium
New (b) In the case of dismissal of teacher, the Incorporated Management Committee is reminded that a teacher should only be dismissed for good and sufficient reasons and such dismissal should be approved by the majority of the managers of the school at a meeting of the Incorporated Management
Education Regulation 76
Committee in accordance with regulation 76 of the Education Regulations as quoted in 13.1(f) above.
Where unsatisfactory performance is concerned, the Incorporated Management Committee should lay down clear expectations of the performance of its staff beforehand and offer reasonable opportunities for improvement before considering termination of employment.
Revised [COA(Sec) – s.58(g);
COA(Pri) – s.57(g);
COA(Sp) – s.62(g)]
(c) Summary dismissal is a serious disciplinary action which has to be justified on the basis of serious misconduct, gross negligence or having adverse impact on students or on their learning (for example, criminal offence or failure to discharge their responsibility, including wilful disobedience).
Revised [COA(Sec) – s.58(f);
COA(Pri) – s.57(f);
COA(Sp) – s.62(f)]
(d) The Incorporated Management Committee may suspend an employee paid out of the Salaries Grant from his normal duties for a period of not exceeding 14 days under the following circumstances:
Section 11, Employment Ordinance
(i) in cases where criminal proceedings against the employee arising out of or connected with his employment have been, or are likely to be instituted; or
(ii) in cases where the employee’s serious misconduct is under investigation and it would be against the interest of the students for him to continue to work in the school.
Where the criminal proceedings or the investigation of the employee’s misconduct are/is not concluded within 14 days, the period of suspension may be extended till the end of such proceedings/investigation. All periods of suspension, when the employee concerned will be absent from duty, should not attract salary payment.
Revised [COA(Sec) – s.58(e);
COA(Pri) – s.57(e);
(e) Member of the teaching or specialist staff who terminates his employment without having given adequate period of notice as stipulated in the Compendium of this Code of Aid or in any document related to the employment is liable to
Section 6, Compendium
s.62(e)] pay an amount of salary in lieu of notice stipulated
in the Compendium to be credited to the school’s Salaries Grant Account. Nevertheless, the Incorporated Management Committee may waive the said payment if the explanation given by the staff member concerned is justified, and inform the Permanent Secretary of such a waiver and the reasons thereof.
(Pri) – s.49(b);
COA(Sp) – s.53(b)]
(f) For the purpose of salary administration, the Incorporated Management Committee should notify the Education Bureau promptly of all cases of termination of employment stating the effective date and, where applicable, the period of notice given and, the amount of payment in lieu of notice paid, if any.
(g) The Incorporated Management Committee should issue to staff leaving the employment a certificate of service stating relevant employment particulars of the staff, including the last monthly salary, salary point, incremental date and leave balance in the case of teachers.
13.6 Deployment of Teaching Staff
Sponsoring Body’s Authority of Deploying Teaching Staff
New (a) The Incorporated Management Committee should, upon request by the sponsoring body of the school for reasons so warranted in accordance with the circumstances prescribed in the Education Ordinance as follows, take action to terminate the employment of a person as the principal or as a teacher of the school, or to employ a person deployed from other schools operated under the same sponsoring body as the principal or a teacher of the school:
Section 40AG, Education Ordinance
(i) the action is conducive to the professional development of the person concerned;
(ii) the action is necessary to avoid or alleviate over-establishment of staff; or
(iii) the Permanent Secretary approves the
request upon an application by the sponsoring body, and other good cause being shown to his satisfaction.
Deployment of Redundant Teacher
(b) The Incorporated Management Committee is required to work out a set of school-based criteria, which must be objective, fair and transparent, to identify redundant teachers together with an appeal mechanism for the affected teachers to communicate with the school management. In the event that deployment of redundant principal and teachers from one school to another is required, sponsoring bodies operating more than one school should, given their authority to deploy teaching staff among their schools as set out in (a) above, ensure that Incorporated Management Committees of schools concerned have applied both the criteria and the appeal mechanism consistently and the deployment meets the needs of the schools concerned and serves the best interest of the students. Details of the principles for identifying, deployment and arrangement for redundant teachers are set out in the Supplement to School Administration Guide.
Appendix E, Supplement to School Administration Guide
13.7 Change of Rank within Grade
New (a) In the event that there is a reduction of classes that the headship entitlement and/or the number and rank of promotion posts may be affected, the holder of a post identified as over-ranked must step down to assume a post of an appropriate lower rank in line with the approved staff entitlement.
(b) Where the Incorporated Management Committee considers it necessary for a member of the staff to step down to a lower rank for reasons other than in (a) above, it must ensure that the relevant legislations and ordinances as well as fair and open procedures which are developed beforehand in consultation with staff have been followed.
Appendix F, Supplement to School Administration Guide
(c) In all cases, the salary of the stepped-down staff