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【法规名称】 
【法规编号】 44249  什么是编号?
【正  文】

CAP 320 POST SECONDARY COLLEGES ORDINANCE


  To provide for the registration and control of certain Post Secondary Colleges and their consequent exemption from the provisions of the Education Ordinance (Cap 279) and for other matters connected therewith.
  
  [20 May 1960]
  
  (Originally 15 of 1960)
  
  Cap 320 s 1 Short title
  
  This Ordinance may be cited as the Post Secondary Colleges Ordinance.
  
  Cap 320 s 2 Interpretation
  
  In this Ordinance, unless the context otherwise requires-
  
  "Board of Governors" (校董会) includes a Board of Trustees where such a body exists in place of a Board of Governors;
  
  "College" (学院) means a Post Secondary College registered under this Ordinance, and such College should be known as an Approved Post Secondary College;
  
  "Permanent Secretary" (常任秘书长) means the Permanent Secretary for Education and Manpower. (Amended 3 of 2003 s. 24)
  
  (Amended 3 of 2003 s. 24)
  
  Cap 320 s 3 Registers
  
  For the purposes of this Ordinance the Permanent Secretary shall keep the following registers- (Amended 3 of 2003 s. 25)
  
  (a) a register of Colleges;
  
  (b) a register of members of Boards of Governors;
  
  (c) a register of members of College Councils;
  
  (d) a register of teachers in Colleges.
  
  Cap 320 s 4 Requirements for registration
  
  A Post Secondary College shall be eligible for registration under section 3 and thereafter to remain on the register where the Permanent Secretary is satisfied as to- (Amended 3 of 2003 s. 25)
  
  (a) the composition of the Board of Governors, College Council and teaching staff being such as to ensure satisfactory academic and general standards and conduct;
  
  (b) the constitution, statutes or other instruments which govern the Post Secondary College; (Amended 37 of 1962 s. 2)
  
  (c) the courses offered being suitable in all respects for Post Secondary Colleges meeting a community need and including major courses extending over at least four years;
  
  (d) the equipment, laboratories, library and general facilities being adequate for the courses offered;
  
  (e) the number, qualifications, remuneration and conditions of service of the Post Secondary College staff;
  
  (f) the premises being adequate for the purposes of a Post Secondary College and being in all ways suitable and safe for such purposes;
  
  (g) the conditions as to age and attainments of the students qualifying for admission, the standard of instruction and the final examination standards;
  
  (h) the number of students being admitted having regard to the maintenance of status and standards, facilities available and community need;
  
  (i) students being admitted without favour being shown on grounds of race, nationality or religion save where on the application of the Post Secondary College the Permanent Secretary approves of an exception in favour of a class of persons holding a particular religious faith; (Amended 3 of 2003 s. 25)
  
  (j) the Post Secondary College being free from affiliation with or control by any government other than the Government of the Hong Kong Special Administrative Region or any organization outside Hong Kong or any political group and the students teachers and officers refraining from political propaganda and from any undesirable political activity and from any other activity whatsoever which the Permanent Secretary considers inimical to the interests of the College; (Amended 53 of 2000 s. 3; 3 of 2003 s. 25)
  
  (k) adequate provision being made in the Post Secondary College for the encouragement of corporate and social life and for recreation;
  
  (l) the finances of the Post Secondary College;
  
  (m) the legal status of the Post Secondary College which shall be a corporation unless other arrangements are made, to the approval of the Permanent Secretary, for the proper discharge of legal obligations and safeguarding of rights of the College; (Amended 3 of 2003 s. 25)
  
  (n) the College complying in all respects with the provisions of this Ordinance.
  
  Cap 320 s 5 Effect of registration
  
  So long as a College remains registered under section 3 it shall be exempt from the provisions of the Education Ordinance (Cap 279).
  
  Cap 320 s 6 Refusal of registration and cancellation
  
  (1) The Permanent Secretary may refuse to register or may cancel the registration of- (Amended 3 of 2003 s. 25)
  
  (a) any Post Secondary College where he is not satisfied in respect of any of the matters specified in section 4;
  
  (b) any person as a member of a Board of Governors or College Council or as a teacher where it appears to him that such person is not a fit and proper person to act in that capacity or that such person fails to comply with the provisions of this Ordinance.(2) The Permanent Secretary shall cancel the registration of- (Amended 3 of 2003 s. 25)
  
  (a) any College where it appears to him that such College has ceased to function or where the Chairman of the Board of Governors, on the instructions of the Board of Governors, requests cancellation;
  
  (b) any person from the register of members of Boards of Governors or College Councils or teachers where such person ceases to act in that capacity.(3) The Permanent Secretary shall give notice in writing of any refusal to register or of any cancellation to the Post Secondary College or person concerned. (Amended 3 of 2003 s. 25)
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