中 華 人 民 共 和 國 香 港 特 別 行 政 區 政 府 總 部 教 育 局 Education Bureau
Government Secretariat, The Government of the Hong Kong Special Administrative Region The People’s Republic of China
本局檔號 Our Ref.: (69) in EDB(NETADM)/PNET/1/8/1(3) 電話 Telephone: 3698 3750 傳真 Fax Line: 2349 1398 來函檔號 Your Ref.:
31 August 2022 Dear Principal,
Native-speaking English Teacher (NET) Scheme in Primary Schools
Thank you for your support to the NET Scheme in Primary Schools in the 2021/22 school year. Further to the issuance of Education Bureau (EDB) Circular Memorandum (CM) No. 53/2022 on Appointment and Re-appointment of NETs in the 2022/23 School Year in March 2022, your kind attention is drawn to the following issues regarding NET appointment and the NET Scheme.
Reply Proforma of Teachers Employed under the NET Scheme in Primary Schools
Schools signing a new contract or renewing the contract with their NETs for the 2022/23 school year are requested to complete the reply proforma, i.e. Attachment C to EDB Circular No.
7/2013 on “NET Scheme in Primary Schools - Letter of Appointment”, and return it to the NET Administration Team of the EDB by 15 September 2022 for record updating. For contracts with commencement date after the start of the 2022/23 school year, schools should send in the completed proforma to the EDB within two weeks after the NET reports for duty.
Teacher Registration
Section 42 of the Education Ordinance (Cap 279) stipulates that any person who teaches in a school has to be either a registered teacher (RT) or a permitted teacher as appropriate. Therefore, schools should ensure that their NETs have applied to be RTs or schools have applied for teaching permits for their NETs prior to their assumption of duties. If (i) the EDB refuses to register the NET as an RT or to issue a permit for him/her to teach; or (ii) the teacher registration/permit to teach is cancelled, the NET is not allowed to teach in the school and all other schools. For enquiries, please contact the Teacher Registration Team of the EDB at 3467 8281 or 3467 8282.
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Measures for Strengthening the Protection of Students
To safeguard the well-being of students, the EDB has all along been working closely with schools to create a caring and safe learning environment for students. Schools as employers should guard against improper persons to be appointed as teachers by adopting a stringent selection process and strengthening the management on appointment and related matters. In this connection, schools must observe relevant employment procedures to make an informed decision on selecting suitable employees in order to ensure students’ safety. For details, please refer to EDB Circular No. 7/2021 dated 16 July 2021.
Sexual Conviction Record Check (SCRC) Scheme
With effect from 1 December 2011, the Hong Kong Police Force has launched the Sexual Conviction Record Check (SCRC) Scheme which is applicable to prospective employees seeking child-related work or work relating to mentally incapacitated persons in organisations or enterprises (including the NET posts under the NET Scheme in Primary Schools). Given the importance of protecting our students, schools should request prospective NETs to undergo SCRC at the advanced stage of the employment process. Schools are reminded that the scheme does not cover overseas sexual conviction record and does not apply to staff working in the same school under continuously renewed contracts without break. For details, please refer to EDB Circular No. 7/2021 dated 16 July 2021.
Employment Visa
Before signing a formal contract with NETs coming from abroad, schools are advised to remind them that the offer of employment is conditional upon their having obtained an employment visa allowing them to work for the school as specified in the Letter of Appointment and to stay in Hong Kong for an initial period of at least one year. The visa should be obtained, prior to their arrival in Hong Kong, from the Director of Immigration of the Government of the Hong Kong Special Administrative Region (HKSAR).
For NETs who are already working in Hong Kong, the offer of employment is conditional upon their having obtained, prior to the commencement of the contract, an approval from the Director of Immigration of the Government of the HKSAR allowing them to work for the school as specified in the Letter of Appointment and to continue to stay in Hong Kong for at least one year. NETs holding a valid employment visa are still required to seek prior approval from the Immigration Department for change of employment before they report for duty in the new school. Schools should ensure that their NETs have obtained a valid employment visa before reporting for duty. For enquiries, please contact the Immigration Department (Telephone: 2824 6111, Fax: 2877 7711, Website:
https://www.immd.gov.hk/).
Letter of Appointment
Supervisors are requested to make reference to the latest version of the specimen letter of appointment for NETs, its accompanying sample Memorandum on the Terms and Conditions of Service (MOCS) for Appointment as Teachers under the NET Scheme in Primary Schools and sample letter of acceptance available on the EDB webpage on the NET Scheme (www.edb.gov.hk → Curriculum Development → Resources and Support → NET Scheme →NET Appointment Matters) when preparing letters offering appointment to NETs.
The normal period of appointment for a NET is two years. Regarding the contract period for the 2022/23 school year, the appointment for NETs newly appointed under the NET Scheme in Primary Schools will normally start on 16 August and end on 15 August two years later. Any subsequent renewal of contract for these teachers should also start on 16 August and end on 15 August.
Please also note that only under special circumstances may the school extend the contract period of the NET for one year. For details, please refer to relevant clauses on "Further Employment" in the MOCS.
Application for Fringe Benefits
A NET whose normal place of residence is established as being outside Hong Kong will be eligible for applying for the fringe benefits (including Special Allowance, Passage/Baggage Allowance and Medical Allowance) provided under the NET Scheme in Primary Schools. In this connection, schools are kindly reminded to submit timely applications on behalf of their NETs.
Please refer to Annex 1 on the Notes for Applications for Payment of Contract Gratuity, Fringe Benefits and Retention Incentive for your reference and action.
Taking into account the COVID-19 epidemic situation, the EDB will adopt special arrangements for passage allowance this year. In gist, blanket approval is given for extension of the period for reimbursement of passage allowance up to 15 August 2023. Besides, NETs leaving Hong Kong are given an option to encash unclaimed flight tickets. Details are in Annex 2.
For NETs claiming passage reimbursement, schools are reminded to check and confirm that the NET purchases economy class air tickets from the NET’s country of origin by the most direct route only. Schools are also reminded to obtain timely quotations and assign different staff to handle different parts of the procurement process to ensure checks and balances and minimise chances of abuse.
Appointment of Temporary NET
Under special circumstances, schools not being able to find a suitable teacher to fill the vacant
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to appoint a temporary NET. Schools are reminded that such employment should be a temporary measure only. For details, please refer to the following path of the EDB webpage: www.edb.gov.hk
→ Curriculum Development → Resources and Support → NET Scheme → NET Appointment Matters → Appointment of Temporary NET.
Frequently Asked Questions (FAQs)
To understand more about the NET Scheme in Primary Schools, schools and NETs are recommended to read a set of FAQs which has been posted on the EDB webpage. The FAQs will be updated from time to time as appropriate. For details, please refer to the following path of the EDB webpage: www.edb.gov.hk → Curriculum Development → Resources and Support → NET Scheme →Frequently Asked Questions.
For enquiries, please contact Ms Rita TSE on 3698 3751 or Ms Jasmine MAK on 3698 3750 of the NET Administration Team.
Yours sincerely,
(Ms M S WONG)
for Permanent Secretary for Education
cc District CSDOs CCDO(NET)
Annex 1 NET Scheme in Primary Schools
Notes for Applications for Payment of Contract Gratuity, Fringe Benefits and Retention Incentive
Relevant
Applications Time Frame∗ Action(s) by NETs Action(s) by Schools
Application for the Payment of Contract Gratuity
May – August prior to the expiry of the Contract
• Send the completed Application Form for Payment of Contract Gratuity attached to EDBC No. 4/2012 on
“Payment of Contract Gratuity and Payment of Tax before Leaving Hong Kong” to the Finance Division of the EDB via the respective SSDO, at least 4 weeks before the expected date of payment.
• First Payment – Payable to the NET not earlier than 4 clear working days before the commencement of the summer vacation prior to the expiry of the contract.
• Second Payment - Payable to the NET not earlier than 4 clear working days before the expiry of the contract.
Application for Fringe Benefits - Special Allowance
August – September after commencement / prior to expiry of the Contract
Both NETs and schools should refer to EDBC No. 8/2009 on “Payment of Fringe Benefits” and relevant provisions of the Memorandum on the Terms and Conditions of Service for Appointment as Teachers under the Native-Speaking English Teacher (NET) Scheme in Primary Schools for the arrangement for claiming of allowances.
I. For New NETs only
Certification for normal place of residence
Fill in PNET-Form A [revised 8/2022] and PNET-Form A (Annex) [revised 8/2022] in EDBC No. 8/2009 and submit it with supplementary information/evidence to the school.
I. For New NETs only
Certification for normal place of residence
Send the completed PNET-Form A [revised 8/2022] and PNET-Form A (Annex) [revised 8/2022] in EDBC No.
8/2009, together with relevant supporting documents, to the NET Administration Team.
Relevant
Applications Time Frame∗ Action(s) by NETs Action(s) by Schools
II. For new NETs and serving NETs on signing/renewing a contract whose normal place of residence has been established as outside Hong Kong
1) Fill in PNET-Form A [revised 8/2022] each school year 2) Application for Special Allowance (for each contract)
Fill in PNET-Form B [revised 8/2022] in EDBC No.
8/2009 and submit it to the school.
II. For new NETs and serving NETs on signing/renewing a contract whose normal place of residence has been established as outside Hong Kong
Send the completed PNET-Form A [revised 8/2022] to the NET Administration Team.
Endorse the NETs’ application for the allowance(s) and send the completed PNET-From B [revised 8/2022]/
PNET-Form C [revised 8/2022]/ PNET-Form D [revised 8/2022] to the NET Administration Team.
- Passage/
Baggage Allowance
July – September of the respective school year
3) Application for Reimbursement of Passage /Baggage Allowance (upon commencement of a contract/
satisfactory completion of a contract)
Fill in PNET-Form C [revised 8/2022] in EDBC No.
8/2009 and submit it together with relevant receipt(s)/invoice(s) and used air ticket(s)/boarding pass to the school.
- Medical Allowance
Before the end of the respective school year
4) Application for Reimbursement of Medical Insurance Premium (for each school year)
Fill in PNET-Form D [revised 8/2022] in EDBC No.
8/2009 and submit it together with relevant receipts to the school. Only one application should be submitted per each school year.
Relevant
Applications Time Frame∗ Action(s) by NETs Action(s) by Schools
Application for Retention Incentive (RI)
June – September of the respective school year
• Eligible NETs are required to apply for RI each school year through their schools.
• Submit the completed application form in EDBC No.
2/2013 on “Retention Incentive for Native-speaking English Teacher (NETs) under the Enhanced NET Scheme in Secondary Schools/ NET Scheme in Primary Schools” for the forthcoming school year to the NET Administration Team via their respective schools before leaving for summer vacation.
• Submit the completed application forms to the new schools instead if NETs are going to change schools in the coming school year.
• Endorse the NETs’ application for RI and submit the completed form to the NET Administration Team.
Annex 2
Passage Allowance Arrangements
According to the MOCS under the NET Scheme in Primary Schools, a NET whose normal place of residence is established as outside Hong Kong will be eligible for passage reimbursement for a round trip between their home country and Hong Kong for each contract. Taking into account the epidemic situation, the EDB will adopt the following special arrangements this year:
(a) Blanket Approval on Extension of Reimbursement of Passage Allowance for one school year Given that there have been certain international travel restrictions and quarantine requirements, it is appreciated that serving NETs may not be able to return to their home countries upon expiry of their contracts in the 2021/22 school year, and come back for commencement of their new contract in the 2022/23 school year. To streamline the administrative procedure for extending the period for claiming reimbursement of the passage allowance, blanket approval is given for the extension of the period for reimbursement for one year up to 15 August 2023.
No application is required. This arrangement also applies to previously approved postponement of reimbursement of passage allowance, i.e. their extension will all be adjusted as up to 15 August 2023. In case of a NET having changed schools within the public sector, the new school should submit Consent Form for Claiming Passage under the Native- speaking English Teacher (NET) Scheme in Aided Primary and Secondary Schools for NETs Having Changed Schools on behalf of the NET. Under such circumstance, the new school should be authorised to handle the application for reimbursement of all unclaimed passage allowance on behalf of the NET and the reimbursed amount of passage allowance.
Following the prevailing practice, the funding will be released to the bank account of the said school.
(b) Encashing Unclaimed Flight Tickets for NETs who will leave Hong Kong
In view that it might not be feasible for NETs who are leaving Hong Kong to use all the unclaimed passage within a short time, NETs who are leaving Hong Kong (as reflected by their leaving the NET Scheme after completion of contracts in the 2021/22 school year) are provided a choice to encash their unclaimed passage allowance at prescribed rates as shown at Annex of the Application Form for Encashment of Passage Allowance. These NETs may also choose to claim passage allowance on reimbursement basis on or before 15 August 2023. All unclaimed passage allowance will then lapse on 16 August 2023 and considered as forfeited by the NETs. For encashing the unclaimed passage allowance, NETs are required to complete and submit Application Form for Encashment of Passage Allowance to their last serving schools on or before 15 August 2023.
Save for the above flexibility, the terms and conditions as contained in the MOCS under the NET Scheme in Primary Schools shall remain unchanged.
