【法规名称】
【法规编号】 44241 什么是编号？
【正 文】
第12页 CAP 493 NON-LOCAL HIGHER AND PROFESSIONAL EDUCATION (REGULATION) ORDINANCE
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[接上页] (a) he knows to be false in such particular; or (b) he has no reasonable ground to believe to be true in such particular,commits an offence. (2) Any person who conceals, destroys, mutilates or falsifies any document or record affecting or relating to the affairs of any course with the intention of- (a) concealing any offence against this Ordinance or contravention of any condition imposed under section 12; or (b) obstructing any public officer in the performance of his functions under this Ordinance,commits an offence. (3) Any person who commits an offence under subsection (1) or (2) is liable on conviction to a fine at level 4 and to imprisonment for 2 years. (Enacted 1996) Cap 493 s 34 Restriction on advertisement relating to regulated course, etc. (1) No person shall- (a) publish, broadcast or otherwise disseminate; or (b) cause to be published, broadcast or otherwise disseminated,to the general public or a section of the general public any advertisement calculated to induce enrolment in any regulated course which is not an exempted course or a registered course. (2) No person shall- (a) publish, broadcast or otherwise disseminate; or (b) cause to be published, broadcast or otherwise disseminated,to the general public or a section of the general public any advertisement which falsely describes- (i) any regulated course; (ii) any course which, but for the operation of section 2(5) or (6), would have fallen within the definition of "regulated course" in section 2(1) by virtue of section 2(4),or is likely to mislead as to the nature, purpose or quality of the course or the award to which the course is claimed to lead. (3) Subsection (1) does not apply to a proposed course. (4) Any person who contravenes subsection (1) or (2) commits an offence and is liable on conviction to a fine at level 4 and to imprisonment for 2 years. (5) It shall be a defence for a person charged with an offence under this section to prove that he took all reasonable steps and exercised all due diligence to prevent the commission of the offence. (Amended 32 of 2000 s. 48) (Enacted 1996) Cap 493 s 35 Time limitation for instituting certain prosecutions Proceedings for an offence under section 3(2), 33(1) or (2) or 34(1) or (2) shall be instituted within 2 years of the commission of the offence. (Enacted 1996) Cap 493 s 36 Replacement of designated person (1) Where the Registrar has reason to believe that the designated person of a registered course- (a) has died; (b) is incapacitated; (c) cannot be contacted; or (d) refuses or neglects to act as such designated person,he may, by notice in writing given to the operator of the course, require the replacement of the designated person within such period as is specified in the notice (being a period of not less than 1 month beginning on the date of the notice). (2) Where the Registrar gives a notice under subsection (1) in respect of a registered course, the operator of the course shall within the period specified in the notice lodge with the Registrar a new undertaking described in section 10(1)(c)(iii). (3) A person who has given an undertaking referred to in section 10(1)(c)(iii) may apply in writing to the Registrar for release from such undertaking. (4) The Registrar may allow an application under subsection (3) if the application is accompanied by a new undertaking described in section 10(1)(c)(iii). (5) Where the Registrar receives a new undertaking lodged under subsection (2) or allows an application under subsection (4), the person who gives the new undertaking referred to in subsection (2) or (4) in respect of a registered course shall thenceforth become the designated person of the course. (Enacted 1996) Cap 493 s 37 Registrar may require English or Chinese version of certain documents (1) Where a document given to the Registrar in purported compliance with a requirement of or under this Ordinance is not written in either the English or Chinese language, the Registrar may by notice in writing require the person of whom the requirement was made to send to him within such period as is specified in the notice (being a period of not less than 1 month beginning on the date of the notice) an English or Chinese version of the document as the person may elect. (2) Any person who fails to comply with a requirement under subsection (1) commits an offence and is liable on conviction to a fine at level 3. (Enacted 1996) Cap 493 s 38 Notices (1) A notice required to be given under this Ordinance to a person shall be properly given if- (a) in case such person is an individual, it is delivered to him or sent by post to him at the address at which he ordinarily resides or carries on business or, if such an address is unknown, at his last known address; (b) in case such person is a company, it is sent by post to the company's registered office in Hong Kong; (c) in case such person is an oversea company to which Part XI of the Companies Ordinance (Cap 32) applies, it is sent by post to the principal place of business of the company in Hong Kong; |
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