【法规名称】
【法规编号】 44237 什么是编号？
【正 文】
第2页 CAP 493B NON-LOCAL HIGHER AND PROFESSIONAL EDUCATION (REGULATION) RULES
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[接上页] Cap 493B s 5 Premises in which registered course or exempted course is conducted Remarks: 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 |
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