【法规名称】
【法规编号】 44241 什么是编号？
【正 文】
第3页 CAP 493 NON-LOCAL HIGHER AND PROFESSIONAL EDUCATION (REGULATION) ORDINANCE
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[接上页] (a) lectures, tutorials, seminars or group discussion sessions shall not be regarded as being conducted in Hong Kong if they are in the form of communication between a person who is not physically present in Hong Kong and participants in Hong Kong by means of telecommunications or by mail; (b) examinations, tests or other assessments shall not be regarded as being conducted in Hong Kong if they are in the form of communication between a person who is not physically present in Hong Kong and participants in Hong Kong by means of telecommunications or by mail. (Amended 36 of 2000 s. 28)(7) Where the duration of a regulated course exceeds 3 months- (a) each month during which the course is conducted; and (b) the month in which the course commences or ends,shall, for the purposes of sections 10(3)(d), 13(1)(c) and 14(1)(c), be taken as a part of the course. (Enacted 1996) Cap 493 s 3 Restriction on non-local higher or professional education (1) No person shall- (a) conduct any regulated course; or (b) enter into a contract, whether as agent or principal, with any other person under which a regulated course is offered to that other person; or (c) own or manage an institution or body which undertakes any activity referred to in paragraph (a) or (b),unless- (i) the course is an exempted course; (ii) the course is a registered course; or (iii) the course is conducted- (A) by a school registered or provisionally registered within the meaning of section 3 of the Education Ordinance (Cap 279); or (B) by a local institution of higher education, otherwise than in collaboration with a non-local institution or non-local professional body.(2) Any person who contravenes subsection (1) commits an offence and is liable on conviction to a fine at level 4 and to imprisonment for 2 years. (Enacted 1996) Cap 493 s 4 Saving of rights, etc. under contracts for courses not exempted or registered A contract under which a regulated course which is not an exempted course or registered course is offered shall not be void or voidable solely by reason of the course's not being an exempted course or registered course, and accordingly the rights, powers, duties and liabilities under the contract shall not be invalid or unenforceable solely by reason of the course's not being an exempted course or registered course. (Enacted 1996) Cap 493 s 5 The Registrar PART II REGISTRAR AND REGISTER (1) The Permanent Secretary for Education and Manpower or a public officer appointed by him shall be the Registrar of Non-local Higher and Professional Education Courses. (Amended 3 of 2003 s. 41) (2) The Registrar shall have such functions as are imposed or conferred on him by this Ordinance and any other law. (3) Any appointment made under subsection (1) shall be notified in the Gazette. (Enacted 1996) Cap 493 s 6 Delegation by Registrar (1) Subject to subsection (2), the Registrar may, with or without restrictions as he thinks fit, delegate in writing any of his functions under this Ordinance to any public officer. (2) The Registrar shall not delegate any of his functions under- (a) section 10(3); (b) section 14(1); and (c) section 23.(3) A delegate of the Registrar shall- (a) perform the delegate functions as if the delegate were the Registrar himself; (b) be presumed to be acting in accordance with the terms of the delegation in the absence of evidence to the contrary. (Enacted 1996) Cap 493 s 7 The register (1) The Registrar shall keep a register of exempted courses and registered courses. (2) The register shall- (a) be in such form; (b) be divided into such parts; and (c) contain such particulars,as the Registrar thinks fit. (3) The register may be kept in legible or non-legible form but if kept in non-legible form, it shall be kept in a manner that any entry in the register is capable of being reproduced in legible form. (4) The register shall be kept at such place as the Registrar may determine and shall be available for inspection by the general public during normal office hours free of charge. (5) Where a person applies to the Registrar for a copy of an entry in the register certified by the Registrar as correct, such copy shall be issued to the applicant on payment by him of a prescribed fee. (6) A document purporting to be a copy of an entry in the register and to be certified by the Registrar as a correct copy and to be signed by him shall, unless the contrary is proved, be evidence of the entry and shall be received in evidence without further proof as to the contents of the document and the signature thereon. (Enacted 1996) Cap 493 s 8 Exemption PART III EXEMPTION FROM REGISTRATION (1) A regulated course shall be an exempted course for the purposes of this Ordinance if- (a) the executive head of a local institution of higher education furnishes the Registrar with a certificate certifying that- (i) the course is conducted by a non-local institution or non-local professional body which mainly operates in a country outside Hong Kong in collaboration with that local institution of higher education; |
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