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[接上页] (d) in case such person is a body corporate other than a company (whether incorporated or otherwise established in Hong Kong or elsewhere), or an unincorporated body of persons, it is sent by post to any address at which the body transacts business.(2) For the purposes of subsection (1), every body corporate other than a company and every unincorporated body of persons not being a partnership shall be deemed to transact business at its principal office or place of business. (3) In subsections (1)(b) and (d) and (2), "company" (公司) means a company within the meaning of the Companies Ordinance (Cap 32). (Enacted 1996) Cap 493 s 39 Liability of directors, etc. (1) Where an offence under this Ordinance is committed by a corporation and is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any director, manager, secretary, or other similar officer of the corporation (and whether so called or not), or any person who was purporting to act in any such capacity, he as well as the corporation, shall be guilty of the offence and shall be liable to be proceeded against and punished accordingly. (2) Where an offence under this Ordinance committed by a partner of a partnership is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any other partner of that partnership, that other partner shall be guilty of the offence and shall be liable to be proceeded against and punished accordingly. (Enacted 1996) Cap 493 s 40 Rules (1) The Secretary for Education and Manpower may make rules- (a) providing for regulation of advertisement relating to regulated courses and courses 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); (b) providing generally for application under section 10 and operation of registered courses; (c) providing for collection of fees charged for exempted courses or registered courses and refund of such fees in prescribed circumstances; (d) providing for premises used for the purposes of exempted or registered courses; (e) prescribing fees for the purposes of this Ordinance; (f) providing for appeals under Part VI; (g) generally for the better carrying out of the provisions and objects of this Ordinance.(2) Rules made under subsection (1) may make different provisions as regards courses of different classes or descriptions. (3) Any rule made under subsection (1) may provide that contravention thereof shall be an offence and may provide penalties for such offence not exceeding a fine at level 4 and imprisonment for 6 months. (4) Any fees prescribed in rules made under this section- (a) may be fixed at levels sufficient to effect the recovery of expenditure incurred or likely to be incurred by the Government in relation to the administration, regulation and control of the matters to which this Ordinance relates; (b) shall not be limited by reference to the amount of administrative or other costs incurred or likely to be incurred in the provision of any particular service, facility or matter. (Enacted 1996) Cap 493 s 41 Amendment of Schedules The Secretary for Education and Manpower may by notice published in the Gazette amend any Schedule. (Enacted 1996) Cap 493 s 42 Transitional During the period of 6 months after the day appointed under section 1(2), sections 3(1), 34(1), 43 and 44 shall not apply in relation to any regulated course which has commenced before such day. (Enacted 1996) Cap 493 s 43 (Omitted as spent) (Omitted as spent) Cap 493 s 44 (Omitted as spent) (Omitted as spent) Cap 493 Sched 1 LOCAL INSTITUTIONS OF HIGHER EDUCATION [sections 2(1) & 41] Item Institution Executive head 1. Hong Kong Shue Yan College registered under the Post Secondary Colleges Ordinance (Cap 320). The President of Hong Kong Shue Yan College. 2. Lingnan University established by the Lingnan University Ordinance (Cap 1165) The President within the meaning of section 2 of the Lingnan University Ordinance (Cap 1165). (Replaced 54 of 1999 s. 34) 3. The Hong Kong Institute of Education established by The Hong Kong Institute of Education Ordinance (Cap 444). The President within the meaning of section 2 of The Hong Kong Institute of Education Ordinance (Cap 444). (Amended 23 of 2002 s. 84) 4. University of Hong Kong established by the University of Hong Kong Ordinance (Cap 1053). The Vice-Chancellor of the University. 5. The Hong Kong Polytechnic University established by the Hong Kong Polytechnic University Ordinance (Cap 1075). The President of the University. 6. The Chinese Uni |