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[接上页] "registered course" (经注册课程) means a course which is for the time being registered under section 10; "Registrar" (处长) means the Registrar of Non-local Higher and Professional Education Courses; "regulated course" (受规管课程) means a course of education conducted in Hong Kong consisting of lectures, tutorials, seminars, group discussion sessions, instruction, or dissemination of information or materials or any combination of those elements which leads to the award of any non-local higher academic qualification or non-local professional qualification and includes, where the context admits, a proposed such course; "relevant accreditation authority" (有关评审当局) in relation to a country, means any person, institution or body which is generally recognized by the academic community in that country as being able to make authoritative assessment and evaluation of and give official recognition to the academic standard of- (a) institutions awarding higher academic qualifications in that country; and (b) courses leading to the award of higher academic qualifications;"telecommunications" (电讯) has the same meaning as in the Telecommunications Ordinance (Cap 106). (Amended 36 of 2000 s. 28) (2) Subject to subsection (3), for the purposes of this Ordinance- (a) a course shall be regarded as leading to the award of a non-local higher academic qualification if- (i) a student of the course may, upon fulfilment of certain conditions, be- (A) awarded any higher academic qualification by a non-local institution; or (B) recognized as having fulfilled any condition for the purpose of the award of any higher academic qualification by a non-local institution, by virtue of his attending or completing the course; or(ii) the purpose of the course is claimed by the operator of the course to be to prepare a student of the course for any examination, test or other assessment the sitting for, passing or undergoing of which- (A) will qualify the person who so sits, passes or undergoes for the award of any higher academic qualification by a non-local institution; or (B) will be recognized as the fulfilment of any condition for the purpose of the award of any higher academic qualification by a non-local institution;(b) a course shall be regarded as leading to the award of a non-local professional qualification if- (i) a student of the course may, upon fulfilment of certain conditions, be- (A) awarded any professional qualification; or (B) recognized as having fulfilled any condition for the purpose of the award of any professional qualification, by a non-local professional body by virtue of his attending or completing the course; or(ii) the purpose of the course is claimed by the operator of the course to be to prepare a student of the course for any examination, test or other assessment the sitting for, passing or undergoing of which- (A) will qualify the person who so sits, passes or undergoes for the award of any professional qualification by a non-local professional body; or (B) will be recognized as fulfilment of any condition for the purpose of award of any professional qualification by a non-local professional body.(3) Where upon the completion of a course of education conducted in Hong Kong solely by a local institution of higher education, a student is awarded, by the institution, a qualification which is recognized by a non-local institution or non-local professional body as the fulfilment of any condition for the purposes of the award of a non-local higher academic qualification by that non-local institution or the award of a non-local professional qualification by that professional body, the course shall not be regarded as leading to the award of a non-local higher academic qualification or non-local professional qualification unless the course is conducted solely or mainly for the purpose of the said recognition. (4) For the purposes of this Ordinance, a course of education shall be regarded as being conducted in Hong Kong if any of the following activities is undertaken in Hong Kong in relation to or for the purpose of the course- (a) holding of lectures, tutorials, seminars or group discussion sessions or dissemination of information or materials otherwise than for the purpose of inducing or facilitating enrolment in the course; (b) conducting examinations, tests or other assessments otherwise than for the purpose of assessing the suitability of a person for enrolment in the course or any part of the course.(5) For the purposes of subsection (4)(a)- (a) delivery of mail originated in a place outside Hong Kong to a person in Hong Kong; (b) sale or offer for sale of materials to the general public in the course of business; and (c) transmission of images, sounds, words or electronic data from a place outside Hong Kong to a recipient in Hong Kong by means of telecommunications, (Amended 36 of 2000 s. 28)shall not be regarded as dissemination of information or materials. (6) For the purposes of subsection (4)- |