Cap. 279 sub. leg. A

Education Regulations(Cap. 279, section 84) [30 September 1971] L.N. 117 of 1971(Format changes—E.R. 3 of 2022) Editorial Note: For the saving and transitional provisions relating to the amendments made by the Education Reorganization (Miscellaneous Amendments) Ordinance 2003 (3 of 2003), see Part 3 of that Ordinance. Part I Preliminary 1. Citation These regulations may be cited as the Education Regulations. 2. Interpretation In these regulations, unless the context otherwise requires—boarders (寄宿生) means the pupils of a boarding school for whom housing or lodging accommodation is provided;boarding school (寄宿學校) means a school in connexion with which hostels, dormitories or other rooms or premises are provided for the housing or lodging of some or all of the pupils of that school out of school hours, whether such hostels, dormitories, or other rooms or premises are in or part of the same building or group of buildings as the classrooms or not;classroom (課室) means any room used for teaching purposes;dangerous substance (危險物質) means any substance which is dangerous to a person or which may be dangerous to a person if not handled or otherwise dealt with under the supervision of a responsible teacher;dormitory (集體寢室) means any room provided as sleeping accommodation for boarders;full-day kindergarten education (全日制幼稚園教育) means kindergarten education received by a pupil at a school for a substantial period beginning before and ending after 1 p.m. on any day that he attends the school; (L.N. 237 of 1982)responsible person (負責人) means, in relation to—(a) school without IMC, the supervisor of the school;(b) an IMC school, the principal of the school; (27 of 2004 s. 35)scheduled infectious disease (表列傳染病) has the same meaning as in the Prevention and Control of Disease Ordinance (Cap. 599); (14 of 2008 s. 18)school workshop (學校工場) means any place in school premises in which instruction is given in the use of tools or machinery or where tools or machines are used for the repair, adjustment or manufacture of articles, or for training students for any trade or commercial occupation;science laboratory (科學實驗室) means any place in school premises in which practical experiments or demonstrations in science subjects are carried out and includes any place where instruction is given in domestic science or homecraft.(14 of 2008 s. 18) Part II School Premises and Structural Requirements 3. Responsible person to furnish plan of school premises The responsible person of every school shall on demand supply the Permanent Secretary with a plan or diagram, with dimensions, of the school premises.(3 of 2003 s. 14; 27 of 2004 s. 71) 4. Precautions for health and safety In all school buildings, the design, the construction, the fire resistance of the elements of the structure and the properties of the materials, shall be such that the health and safety of the occupants, and in particular their safe escape in the event of fire, shall be reasonably assured. 5. Repair All school premises shall at all times be kept in a satisfactory state of repair. 6. Schools not to be over godowns, shops, etc. No school premises or any part thereof shall be situated—(a) over any godown; or(b) over any shop, store or factory unless the Permanent Secretary is satisfied that situation over such shop, store or factory would not constitute a danger or hazard or would not be detrimental to the health or well-being of the pupils. (3 of 2003 s. 14) 7. Maximum height of schools No part of any school premises, except the parapet wall round a roof playground, shall be situated at a height of more than 24 m above ground level:Provided that the Permanent Secretary, with the advice of the Director of Fire Services, may by notice in writing authorize that any part of such premises be situated at such height greater than 24 m as may be specified in the notice.(L.N. 62 of 1977; 3 of 2003 s. 12) 8. Minimum height of parapets and window openings The height of all parapets and window openings shall, unless such parapet or window opening is satisfactorily guarded by bars, be at least 1.1 m measured from the level of the floor immediately adjoining and where such bars are installed in openings giving access to areas to be occupied by teachers or pupils the bars shall be so installed as to be readily removable by the Fire Services in emergency.(L.N. 62 of 1977) 9. Ventilation and lighting (1) All school premises shall be adequately ventilated and lighted.(2) No cubicle or partition which obstructs the free passage of light or air shall be erected in any classroom.(3) The ceiling of every classroom shall—(a) in premises designed and constructed for the purposes of a school, be not less than 3 m above the floor level of such classroom;(b) in premises not designed and constructed for the purposes of a school, be not less than 2.75 m above the floor level of such classroom. (L.N. 62 of 1977) 10. Structural alterations Except with the consent in writing of the Permanent Secretary there shall not be made— (3 of 2003 s. 14)(a) any structural alterations to the school premises;(b) any alteration to the latrine accommodation or the sanitary arrangements of any school or in the ventilation or lighting of a classroom;(c) any subdivision of a classroom. Part III School in Premises not Designed and Constructed for the Purposes of a School 11. Application of Part III This Part applies to every school premises which are, in the opinion of the competent authority for the purposes of section 12 of the Ordinance, unsuitable for the purposes of a school having regard to the loading for which they were designed and constructed.(L.N. 95 of 1993) 12. Restriction on assembly of pupils No assembly of pupils, other than of the pupils permitted under these regulations to be in a classroom, shall be permitted to take place in any school premises to which this Part applies—(a) in any room, except a room on the lowest floor of the premises; or (L.N. 95 of 1993)(b) on the roof of the premises. 13. Restriction on gymnastics No gymnastics or other form of physical education shall be permitted to take place in any such school premises—(a) in any room, except a room on the lowest floor of the premises; or(b) on the roof of the premises. 14. Restriction on furniture to be in any classroom Save with the permission of the Permanent Secretary, no classroom in any such school premises, except a classroom on the lowest floor of the premises, shall contain any furniture of any kind whatsoever, other than desks, tables, chairs and blackboards, unless the floors in the premises are strengthened, to the satisfaction of the Director of Buildings, to carry the load imposed by any other furniture.(L.N. 76 of 1982; L.N. 94 of 1986; L.N. 291 of 1993; 3 of 2003 s. 13) 15. Periodic inspection of premises (1) The management authority of any such school shall, at intervals not exceeding 3 years in the case of premises of reinforced concrete construction and at intervals not exceeding 12 months in the case of premises with timber floors, cause the premises to be inspected by an authorized person in order to determine whether the premises are in sound structural condition.(2) (a) Where, upon any inspection under paragraph (1), the authorized person is satisfied that the premises are in sound structural condition, he shall deliver to the management authority of the school a certificate, in writing, that he is so satisfied.(b) The management authority shall deliver such certificate to the Permanent Secretary.(3) Where, upon any such inspection, the authorized person is not satisfied that the premises are in sound structural condition, he shall, in writing, report the fact to the Permanent Secretary and shall notify the management authority of the school thereof.(47 of 1990 s. 12; 3 of 2003 s. 14; 27 of 2004 s. 70) Part IV Roof Playgrounds 16. Approval for roof playgrounds No roof or balcony shall be used for physical education or recreational purposes without the written approval of the Permanent Secretary.(3 of 2003 s. 14; 27 of 2004 s. 36) 17. Structural requirements (1) Roof playgrounds shall satisfy the following structural requirements—(a) the roof shall be situated on premises constructed of reinforced cement concrete;(b) there shall be a minimum of 2 suitable staircases, leading from the roof to a satisfactory open air exit at ground level, each staircase being of a minimum width of 1.05 m and being fitted with continuous handrails on both sides;(c) at the head of each staircase there shall be landings leading to the roof, each landing being of width equal to the width of the staircase and of a minimum depth of 1.5 m;(d) the external walls surrounding the playground shall be continued upwards so as to form a continuous parapet wall around the playground of a height of not less than 1.1 m. Above such parapet wall there shall be a continuous chain link or similar metal fence fixed to the inner vertical side, or to the innermost edge of the upper surface of the parapet wall. The total height of the parapet wall and the metal fence shall be not less than 2.5 m and the metal fence shall be so installed as to provide ready access to the playground by the Fire Services in emergency. (L.N. 62 of 1977)(2) No roof or balcony shall be deemed to be suitable for use as a playground unless a certificate of stability shall have been given by an authorized person that the roof is suitable for such use. Such certificate shall specify the maximum number of pupils who may be allowed to use the playground at any one time. (L.N. 466 of 1993; 27 of 2004 s. 37) 18. Pupils using roof playgrounds to be under supervision No pupil shall be allowed on any roof playground or balcony unless under the direct supervision of a teacher.(27 of 2004 s. 38) 19. Numbers of pupils allowed on a roof playground or balcony (1) There shall not be more than 60 pupils upon any roof playground under the charge of one teacher at any one time.(2) (Repealed 27 of 2004 s. 39)(3) A certificate by an inspector of schools that he has examined the authorized person’s certificate stating the maximum number of pupils allowed upon any approved roof playground or balcony shall be exhibited in a conspicuous place on the school premises. (L.N. 466 of 1993; 27 of 2004 s. 39) 20. Limitation of activities on roof playgrounds If any roof playground or balcony is used in contravention of these regulations, the Permanent Secretary may by notice in writing addressed to the responsible person prohibit the use thereof until such time as he may specify in such notice.(3 of 2003 s. 14; 27 of 2004 ss. 40 & 71) Part V School Workshops and Science Laboratories 21. Safety precautions (1) The responsible person shall ensure that all necessary safety precautions are adopted in school workshops and science laboratories and shall modify or extend those precautions as the Permanent Secretary may require. (3 of 2003 s. 14; 27 of 2004 s. 71)(2) The principal and (in the case of a school without IMC) supervisor shall ensure that no instruction is given in the use of tools or the operation of machines or in science experiments except by—(a) a responsible teacher;(b) (in the case of tools or machines) a workshop instructor employed in the school to assist a responsible teacher; or(c) (in the case of science experiments) a laboratory technician employed in the school to assist a responsible teacher. (27 of 2004 s. 41) 22. Consent for installation No machinery or machine tools shall be installed or used in a school workshop except in accordance with the written consent of the Permanent Secretary.(3 of 2003 s. 14) 22A. Appointment of teacher in charge of workshop The principal of every school shall appoint a teacher to be in charge of every workshop in the school in which any machinery or machine tool is installed or used.(L.N. 237 of 1982) 22B. Duties of teacher in charge of workshop Without prejudice to regulation 21, a teacher who is appointed under regulation 22A shall be responsible for ensuring that all necessary safety precautions are adopted in every workshop of which he is appointed to be in charge.(L.N. 237 of 1982) 23. Plan of layout Wherever it is desired to install any machinery or machine tools in a school workshop the responsible person shall submit to the Permanent Secretary a plan of the proposed layout of the workshop.(3 of 2003 s. 14; 27 of 2004 s. 71) 24. Limit on number of pupils The Permanent Secretary may limit the number of pupils who may at any one time receive instruction in any school workshop or science laboratory.(3 of 2003 s. 14) 25. Master switches In any school workshop in which machinery is installed there shall also be installed remote control switches whereby the teacher may stop all machines. 26. Maintenance and suitability All machinery, machine tools, hand tools and other equipment in a school workshop or science laboratory shall be suitable for the courses and shall be maintained in proper working order. 27. Presence of teacher No pupil shall be permitted to enter any school workshop or science laboratory unless a teacher is present. 28. Number of pupils Not more than 20 pupils may be taught in a school workshop at the same time by any one teacher without the approval of the Permanent Secretary.(3 of 2003 s. 14) 29. Workshops Every school workshop in which power machinery is installed shall contain windows on opposite sides of the workshop and the total area of such windows shall be not less than 1/8th of the floor space of the workshop. 30. Lighting Machines and work-benches shall be in such positions that they are adequately lighted. 31. Storage of poisons and dangerous substance No poisonous or dangerous substance shall be kept without the permission of the Permanent Secretary in any place in school premises except in a science laboratory or a store room that has been approved in writing for such purpose by the Permanent Secretary.(3 of 2003 s. 14) 32. Appointment of teacher in charge of laboratory or store room The principal of every school shall appoint a teacher to be in charge of every science laboratory and store room which has been approved by the Permanent Secretary under regulation 31.(3 of 2003 s. 14) 33. Duties of teacher in charge of laboratory or store room A teacher who is appointed under regulation 32 to be in charge of a science laboratory or a store room shall—(a) cause every poisonous substance and dangerous substance in such laboratory or store room—(i) to be kept in a proper container clearly marked with the name of the substance, and with the word “Dangerous” or the words “危險” or any word or words of similar meanings; and (80 of 1997 s. 117)(ii) to be stored in a locked room or cupboard, except when the substance is being used for the purpose of a lawful experiment in practical science which is carried out under the control of a teacher; and(b) keep the key to such locked room or cupboard in his control. Part VI Fire Precautions 34. Fire officers may inspect school premises (1) Any officer of the Fire Services Department may at all reasonable times enter and inspect any school premises.(2) No person shall obstruct an officer of the Fire Services Department in the exercise of his powers under paragraph (1). 35. Fire officers may inspect buildings in neighbourhood of schools if fire risk suspected (1) Any officer of the Fire Services Department may at all reasonable times enter and inspect—(a) any premises in or in part of which a school is operated;(b) any premises in the neighbourhood of any school premises,if it appears to such officer that a risk of fire to the school premises may arise in such other premises.(2) No person shall obstruct an officer of the Fire Services Department in the exercise of his powers under paragraph (1). 36. Reports thereon Officers of the Fire Services Department shall report to the Permanent Secretary on the fire precautions available and may make recommendation as to any further precaution necessary to preclude danger from fire.(3 of 2003 s. 14) 37. Notice requiring safety equipment against fire (1) The Permanent Secretary may by notice in writing require the installation of any apparatus or equipment necessary as a safeguard against fire or the implementation of any other steps recommended by the officers of the Fire Services Department. (3 of 2003 s. 14; 27 of 2004 s. 42)(2) A notice under paragraph (1) shall be served on the management committee or incorporated management committee (as may be appropriate) of the school concerned. (27 of 2004 s. 42)(3) A management committee or incorporated management committee on which a notice under paragraph (1) is served shall comply with the notice. (27 of 2004 s. 42) 38. Fire drills, exists (1) The principal of every school shall draw up a practical scheme for the evacuation of the school premises in case of fire, shall ensure that fire drill including the use of all exits from the school premises is carried out by the teachers and pupils at least once in every 6 months, and shall keep a written record of all such drills in a school log book. The written record shall record the time taken to evacuate the school premises during each fire drill. (8 of 2001 s. 17)(2) The principal of every school shall ensure that exits from all classrooms and the school premises are free from obstruction at all times. 39. Fire service installation and equipment (1) The principal of every school shall ensure that all fire service installation or equipment in the school premises is kept in good condition at all times. (8 of 2001 s. 18)(2) For the purpose of this regulation, fire service installation or equipment (消防裝置或設備) has the meaning assigned to it by section 2 of the Fire Services Ordinance (Cap. 95). (8 of 2001 s. 18) Part VII Health and Sanitation 40. Floor space (1) If the premises of a school—(a) were designed and constructed for the purposes of a school; or(b) not having been so designed and constructed, are in the opinion of the competent authority for the purposes of section 12 of the Ordinance nevertheless suitable for the purposes of a school having regard to the loading for which they were designed and constructed,every classroom in the school premises shall have—(i) a floor space at least 1.5 m in width for the use of the teacher, extending along the whole length of the wall in front of the pupils; and(ii) an area of floor space of not less than 0.9 m2 for each pupil in the classroom. (L.N. 62 of 1977)(2) If the premises of a school were not designed and constructed for the purposes of a school and are not, in the opinion of the competent authority for the purposes of section 12 of the Ordinance, suitable for the purposes of a school having regard to the loading for which they were designed and constructed, every classroom in the school premises shall have—(a) a floor space at least 1.5 m in width for the use of the teacher, extending along the whole length of the wall in front of the pupils in the classroom;(b) if the classroom is to be used by pupils undergoing kindergarten or primary education, an area of floor space of not less than 0.9 m2 for each pupil; and(c) if the classroom is to be used by pupils undergoing secondary or post-secondary education or any other educational course, an area of not less than 1.1 m2 for each pupil. (L.N. 62 of 1977)(3) In calculating the area of floor space which is required for each pupil under paragraph (1)(ii) or under paragraph (2)(b) or (c)—(a) the floor space required for the use of the teacher under paragraph (1)(i) or under paragraph (2)(a); and(b) any area which appears to the Permanent Secretary to be unsuitable for any reason, (3 of 2003 s. 14)shall be excluded. 41. Blackboards to be adequately illuminated All classrooms and the blackboards therein shall be adequately illuminated and the blackboards shall be so placed as to cause the least eyestrain to the pupils and shall not have a surface that reflects light. 42. Recreation for pupils Every school shall provide adequate, open-air recreation to the satisfaction of the Permanent Secretary for its pupils.(3 of 2003 s. 14) 42A. Activity and rest at full-day kindergarten schools At every full-day kindergarten school there shall be provided for the pupils to the satisfaction of the Permanent Secretary opportunities for periods of indoor and outdoor activity and periods of rest.(L.N. 237 of 1982; 3 of 2003 s. 14) 43. Latrines, etc. (1) Every school shall be provided with latrine accommodation and sanitary arrangements of a type approved by the Permanent Secretary, which shall conform with the requirements of the First Schedule. (3 of 2003 s. 14)(2) Every room used for latrine accommodation shall—(a) be provided with an opening or openings into the external air having a total area of at least 1/10th of the area of the floor of the room;(b) at all times be kept in a clean and sanitary condition;(c) not be used for any other purposes;(d) have its floor and its walls to a height of not less than 1 m rendered in cement, mortar or other suitable impervious material.(L.N. 62 of 1977)(3) In any school premises in which water closets are installed no other type of latrine accommodation shall be used.(4) In every latrine not fitted with a flush system—(a) every pan shall have a capacity of at least 14 litres; and(b) every urinal vessel shall have a capacity of at least 18 litres.(L.N. 62 of 1977)(5) In the premises of every co-educational school separate latrines and adequately screened approaches thereto shall be provided for each sex. 44. Improvements to sanitation The management authority shall carry out such alterations and improvements to the sanitary arrangements in the school premises as may be required by the Permanent Secretary by notice in writing within a period specified in such notice.(3 of 2003 s. 14; 27 of 2004 s. 70) 45. Water supply An adequate and wholesome supply of water shall be provided in the premises of every school. 46. Ablutions (1) The premises of every school shall be equipped with adequate washing facilities for pupils and teachers.(2) Every school in premises designed and constructed for the purposes of a school and providing secondary education shall, in addition, be equipped with adequate changing rooms and bathing facilities for the pupils and teachers concerned in such education, and such facilities shall be situated in close proximity to any gymnasium or other space used for physical education by such school. 46A. Meals at full-day kindergarten schools (1) At every school providing full-day kindergarten education there shall be provided for each pupil undergoing that education at least one meal a day.(2) All meals and refreshments provided for pupils at a full-day kindergarten school shall be properly prepared in accordance with dietary scales approved by the Permanent Secretary.(3) The menu of the meals to be provided shall be prepared in advance and be available at all times for inspection by the Permanent Secretary or any inspector of schools.(L.N. 237 of 1982; 3 of 2003 s. 14) 47. Refreshment places Every tuckshop, canteen, dining-room, kitchen or other place on the school premises where food or drink is prepared, provided or consumed shall be maintained in a clean and hygienic condition.(27 of 2004 s. 43) 48. Sanitary condition (1) All school premises shall be maintained in a clean and sanitary condition.(2) (Repealed 27 of 2004 s. 44) 49. Furniture and equipment All schools shall be provided with adequate and suitable furniture and equipment. 50. Print in text-books Text-books used in schools shall contain print of such a type and size as is calculated not to strain the eyes of pupils. 51. Smoking and spitting (1) No smoking shall be permitted in any classroom during school hours.(2) Spitting is prohibited on school premises. 52. Medical examination of pupils (1) The principal of a school shall at the request of a medical officer of schools or a school nurse permit the medical officer or nurse to examine the person and clothing of any pupil upon the school premises.(2) If on such examination a medical officer of schools is of the opinion that the person or clothing of any pupil is infected with vermin or is in a foul or filthy condition, he may require the responsible person to exclude such pupil from the school forthwith until such time as the person and clothing of the pupil have been cleansed to the satisfaction of a medical officer of schools. (L.N. 95 of 1993; 27 of 2004 s. 71) 53. Scheduled infectious diseases (14 of 2008 s. 18)(1) If a medical officer of schools certifies that any teacher, pupil, or employee should be excluded from school by reason of suffering or having recently suffered from any scheduled infectious disease or by reason of having been in contact with or living in the same house as a person suffering from a scheduled infectious disease, the management authority shall, if so required in writing by the medical officer in charge of the school health services, cause such teacher, pupil, or employee to be excluded from school for such period as shall seem necessary. (L.N. 57 of 1974; 27 of 2004 s. 70)(2) The principal shall immediately report to a medical officer of schools any suspected or known case of scheduled infectious disease amongst teachers, pupils or employees of a school, or when he suspects or knows that any such person has been in contact with a case of scheduled infectious disease.(14 of 2008 s. 18) 54. Medical examination of teachers, pupils and employees (1) The Permanent Secretary may require any person employed in a school as well as any teacher to submit to medical examination.(2) The Permanent Secretary shall have power to require every teacher to submit to an X-ray examination by a government radiologist once every year and may issue directions to teachers accordingly. (E.R. 3 of 2022)(3) The Permanent Secretary may require any pupil to submit to a medical examination.(3 of 2003 s. 14) 55. First aid (1) There shall be provided in the premises of every school at least one first aid box.(2) At least 2 teachers in every school shall be trained in administering first aid.(3) First aid boxes must be fitted outside and adjacent to all science laboratories and school workshops. All science teachers, workshop instructors and their assistants must be familiar with the contents and their use.(4) First aid boxes shall be maintained fully equipped at all times.(5) The Permanent Secretary may require the provision of a suitable room for medical inspection and first aid in the premises of any school which has more than 100 pupils. (3 of 2003 s. 14) 56. Boarding schools (1) In the premises of every boarding school a superficial dormitory area of at least 3.25 m2 shall be provided for each boarder. (L.N. 213 of 1980)(1A) The ceiling of a dormitory in a boarding school shall be—(a) in the case of a detached or semi-detached building, not less than 2.5 m above the floor; or(b) in any other case, not less than 2.75 m above the floor: Provided that there shall be not less than 2.3 m measured from the floor to the underside of any beam. (L.N. 213 of 1980)(2) In every boarding school, at least one suitable room shall be set aside to be used solely as a sanatorium or sick room.(3) No dormitory shall be in a tenement-house.(4) In the premises of every boarding school—(a) the dormitory accommodation;(b) the washing and bathing arrangements;(c) the messing and kitchen accommodation;(d) the latrine accommodation and sanitary arrangements; and(e) the area provided for open-air recreation,shall be of adequate standard and properly maintained to the satisfaction of the Permanent Secretary. (3 of 2003 s. 14)(5) The latrine accommodation of every boarding school shall consist of water closets or of water closets and urinals connected to a flush system.(6) The management authority of every boarding school shall, if so required by the Permanent Secretary in writing, appoint a warden to be in charge of the boarders. (L.N. 268 of 1990; 3 of 2003 s. 14; 27 of 2004 s. 70)(7) The appointment of any person as a warden under paragraph (6) shall be subject to the approval of the Permanent Secretary. (L.N. 268 of 1990; 3 of 2003 s. 14) 57. Medical examination in boarding schools (1) The responsible person of every boarding school shall ensure that every pupil who desires to become a boarder at that school shall be medically examined before he is admitted to that school as a boarder.(2) Any medical examination under paragraph (1) shall be conducted by a medical practitioner who shall report in writing to the responsible person on the general health of the person examined.(3) Any report under paragraph (2) shall be kept in a safe place by the responsible person who shall, if required by the Permanent Secretary, make the report available to the Permanent Secretary for his inspection. (3 of 2003 s. 14)(L.N. 268 of 1990; 27 of 2004 s. 71) Part VIII Discipline 58. Corporal punishment of pupils prohibited No teacher shall administer corporal punishment to a pupil.(L.N. 361 of 1991) 59. (Repealed L.N. 361 of 1991) Part IX Fees and Collections 60. Submission of particulars of inclusive fees The management authority of every school shall submit to the Permanent Secretary when required by him particulars of the inclusive fee.(8 of 2001 s. 19; 3 of 2003 s. 14; 27 of 2004 s. 70) 60A. Certificate of inclusive fees (1) Upon—(a) registering a school under section 13 or 15 of the Ordinance; or(b) approving a change in the inclusive fee under regulation 65 in respect of a school,the Permanent Secretary shall— (3 of 2003 s. 14)(i) cause—(A) the name and address of the school;(B) the name of the supervisor of the school; and(C) the particulars of the inclusive fee or the inclusive fee as changed, as the case may be,to be printed on a certificate in the specified form; and(ii) issue the certificate to the management authority. (27 of 2004 s. 70)(2) For the purposes of this regulation, that part (if any) of the inclusive fee which represents a sum of money charged for providing housing or lodging accommodation, meals and cleaning services in respect of a pupil at a boarding school shall be separately identified in the particulars printed on the certificate issued under paragraph (1)(ii).(8 of 2001 s. 19) 61. Fees other than inclusive fee prohibited (1) Subject to regulation 99A and to paragraph (2), no management authority, manager or teacher shall charge or accept payment of any money or any school fees whatsoever other than the inclusive fees as printed on the certificate issued under regulation 60A(1)(ii): (27 of 2004 s. 70)Provided that additional charges, moneys or fees (including entrance examination fees and pupil registration and withdrawal fees) may be charged if previously approved by the Permanent Secretary in writing and if such approval is kept exhibited together with the certificate kept exhibited under regulation 67. (L.N. 213 of 1980; L.N. 160 of 1981; L.N. 268 of 1990)(2) A management authority may in any particular case grant a remission of the whole or any part of the inclusive fees printed on the certificate issued under regulation 60A(1)(ii), provided that such remission is permitted under a scheme of fee remission approved by the Permanent Secretary. (L.N. 213 of 1980; 27 of 2004 s. 45)(3) The Permanent Secretary may grant an approval under this regulation on his own motion or upon an application. (27 of 2004 s. 45)(8 of 2001 s. 20; 3 of 2003 s. 14) 62. Method of payment (1) Unless otherwise permitted in writing by the Permanent Secretary, the inclusive fees for an educational course shall be calculated on an equal monthly basis and collected on or after the first school day of each month of the period during which the educational course is conducted. (3 of 2003 s. 14)(2) Notwithstanding paragraph (1), a management authority may require a pupil to register for an educational course by paying the first monthly instalment not earlier than one month before the commencement of the educational course. (27 of 2004 s. 70)(8 of 2001 s. 21) 63. Formal receipts The payment of every sum of money by or on behalf of a pupil to a supervisor, manager or teacher of a school without IMC shall be forthwith acknowledged in writing by such supervisor, manager or teacher on a proper form of receipt.(27 of 2004 s. 46) 64. Accounts The management authority of every school shall— (27 of 2004 s. 70)(a) keep proper accounts;(b) make the accounts and any vouchers relating to the accounts available at all reasonable times for inspection by the Permanent Secretary or any inspector of schools; and (3 of 2003 s. 14)(c) retain the accounts and vouchers for a period of not less than 7 years.(L.N. 122 of 1974) 65. Approval for change in fee No change in the inclusive fee shall be made without the written approval of the Permanent Secretary.(3 of 2003 s. 14) 66. Prohibition of collections without permission of Permanent Secretary (1A) This regulation does not apply to an IMC school. (27 of 2004 s. 47)(1) No person shall in any school premises—(a) appeal to any pupils of a school for subscriptions; or(b) make any collection among any pupils of a school,without the permission in writing of the Permanent Secretary.(2) No manager or teacher of a school shall in any way whatsoever—(a) appeal to any pupils of a school for subscriptions or permit any appeal to be made to or among any pupils of a school for subscriptions; or(b) make any collection among any pupils of a school or permit any collection to be made by or among any pupils of a school,without the permission in writing of the Permanent Secretary.(3 of 2003 s. 14) 67. Duty to exhibit certificate The certificate issued in respect of a school under regulation 60A(1)(ii) shall be kept conspicuously exhibited at a prominent position in the school.(8 of 2001 s. 22) Part X Educational Requirements for Registered and Permitted Teachers, Principals and Teachers of English 68. Qualifications for registered teachers The qualifications for a registered teacher shall be the qualifications specified in Part 1 of the Second Schedule.(E.R. 2 of 2012) 69. Qualifications for permitted teachers The qualifications for a permitted teacher, other than a permitted teacher to whom regulation 69A, 70 or 70A applies, shall be the qualifications specified in Part 2 of the Second Schedule.(L.N. 268 of 1990; 1 of 2004 s. 15; E.R. 2 of 2012) 69A. Qualifications for permitted teachers teaching other educational courses The qualifications for a permitted teacher teaching in a school which provides any educational course other than nursery, kindergarten, primary, secondary or post secondary education shall be the qualifications specified in Part 2A of the Second Schedule.(1 of 2004 s. 16; E.R. 2 of 2012) 70. Qualifications for permitted teachers teaching English The qualifications for a permitted teacher teaching English shall be the qualifications specified in Part 3 of the Second Schedule.(E.R. 2 of 2012) 70A. Qualifications for permitted teachers teaching pupils undergoing nursery or kindergarten education The qualifications for a permitted teacher teaching pupils undergoing nursery or kindergarten education shall be the qualifications specified in Part 4 of the Second Schedule.(L.N. 268 of 1990; E.R. 2 of 2012) Part XI (Repealed 8 of 2001 s. 23) 71. (Repealed 8 of 2001 s. 23) 72. (Repealed 8 of 2001 s. 23) 73. (Repealed 8 of 2001 s. 23) 74. (Repealed 8 of 2001 s. 23) Part XIA Constitution of Management Committees and Incorporated Management Committees (27 of 2004 s. 48) 75. Constitution of school management committees (1) The Permanent Secretary may, by notice in writing to the supervisor of a school without IMC, require the managers of the school to prepare, execute and submit to him for his approval a written constitution in accordance with which the school shall be managed, and within a time to be specified in such notice the supervisor shall comply therewith. (27 of 2004 s. 49)(2) Every such constitution shall, unless the Permanent Secretary otherwise directs— (3 of 2003 s. 14)(a) define the powers and duties of the managers, make adequate provision for the meetings of the managers, the voting and procedure at such meetings, the keeping of minutes and records thereof and any quorum which may be required;(b) define the powers and duties of the supervisor and of each other manager and of the principal;(c) provide for the holding and administration of the property of the school, the collection, banking and administration of its revenue and the keeping and audit of accounts; and(d) provide for such other matters in relation to the management of the school and the administration of the property and revenues of the school as the Permanent Secretary may specify in such notice.(3) The Permanent Secretary may require by notice to the supervisor any such constitution to be altered or amended, in such manner as he may specify, and such constitution shall be altered or amended accordingly by the managers.(4) Every such constitution when approved by the Permanent Secretary shall be binding upon the school and the managers and teachers thereof and shall not be altered or amended without the prior approval in writing of the Permanent Secretary.(3 of 2003 s. 14) 75A. Constitution of incorporated management committee (1) In considering the draft constitution of a proposed incorporated management committee under section 40BL or 40BV of the Ordinance, the Permanent Secretary shall not approve the draft unless he is satisfied that operation of the committee in accordance with the constitution is likely to be satisfactory.(2) Without limiting paragraph (1), the Permanent Secretary may refuse to approve the constitution if it does not provide for any of the following—(a) the number of each category of managers in the composition of the committee;(b) the procedures for nominating or electing persons for registration as managers;(c) the procedures for making a request and issuing a notice under section 40AX of the Ordinance as regards the cancellation of the registration of any manager;(d) the appointment or election of a manager to be or to act as the supervisor of the school and the secretary and treasurer of the committee;(e) the functions of the supervisor of the school and the secretary and treasurer of the committee;(f) the tenure of office of the managers;(g) the procedures for the selection of the principal;(h) the filling of vacancies in managers;(i) matters relating to the re-nomination or re-election of managers;(j) the appointment of auditor;(k) meetings and proceedings of the committee; or(l) the procedures for amending the constitution.(3) The provisions of this regulation are made for the purposes of sections 40BL and 40BV of the Ordinance.(27 of 2004 s. 50) Part XII Appointment of Teachers (27 of 2004 s. 51) 76. Teachers’ appointment or dismissal needs approval by managers (1) The appointment of any teacher who is to be employed in the school—(a) to occupy a teacher post in the establishment of staff provided for in the code of aid for primary schools, code of aid for secondary schools or code of aid for special schools; or(b) for a term for not less than 6 months,shall be approved by the majority of the managers of the school.(2) The dismissal of any teacher who is employed in the school—(a) to occupy a teacher post in the establishment of staff provided for in the code of aid for primary schools, code of aid for secondary schools or code of aid for special schools; or(b) for a term for not less than 6 months,shall be approved by the majority of the managers of the school at a meeting of the management committee or incorporated management committee (as may be appropriate).(27 of 2004 s. 52) 77. Appointment of teachers The management authority shall be responsible for issuing to all teachers letters of appointment which shall set out— (27 of 2004 s. 70)(a) conditions of service;(b) salary scale; and(c) conditions of termination of appointment. 78. Salaries of teachers The management authority shall be responsible for ensuring that the salaries of all teachers are paid in full when due.(27 of 2004 s. 70) Part XIII Holidays 79. Notice of school holidays The responsible person shall send to the Permanent Secretary before 15 August in each year notice of all holidays it is intended to give in the coming school year, including any special holidays given in honour of any particular event, and of all dates on which the usual work of the school will be suspended.(3 of 2003 s. 14; 27 of 2004 s. 71) 80. Restriction on holidays No holidays shall be given and the usual work of a school shall not be suspended except on a date mentioned in the notice given under regulation 79 or with the permission of the Permanent Secretary.(3 of 2003 s. 14) 81. Permanent Secretary may disapprove The Permanent Secretary may by notice in writing to the management authority forbid the granting of a holiday on any specified day. The management authority and the principal shall upon such notice ensure that the usual work of the school is continued on that day.(3 of 2003 s. 14; 27 of 2004 s. 53) 82. Permanent Secretary may require grant of holiday The Permanent Secretary may by notice in writing to the responsible person of any school require that a holiday shall be given on any day specified in such notice and the responsible person shall ensure that such holiday is given accordingly.(3 of 2003 s. 14; 27 of 2004 s. 71) 83. List of holidays to be posted (1) The supervisor of a school without IMC shall inform the principal of— (27 of 2004 s. 54)(a) all holidays of which the supervisor has given the Permanent Secretary notice as required under regulation 79;(b) any notice received from the Permanent Secretary under regulation 81 forbidding the granting of a holiday on any specified day; and(c) any notice received from the Permanent Secretary requiring that a holiday shall be given on any specified day. (3 of 2003 s. 14)(2) The principal of a school shall cause to be posted at all times in a conspicuous place in the school premises a list specifying every holiday which is to be given in the current school year in accordance with this Part.(3) Every list required to be posted under paragraph (2) shall be signed by the principal and, where the school is a school without IMC, countersigned by the supervisor. (27 of 2004 s. 54) Part XIV General 84. School name to be displayed (1) At or near the entrance to the premises of every school there shall be prominently displayed a board or other form of notice bearing in conspicuous lettering the registered name of the school.(2) No name except the registered name of a school shall be—(a) displayed on the school premises; or(b) used by the school,as being the name of the school. 85. Specifications for exit door Any exit door of the premises of any school must be capable of being opened from inside without using a key when any pupil who does not reside in the school premises is in the school premises.(27 of 2004 s. 55) 86. Identification of rooms At the entrance to every classroom there shall be a board or sign bearing an identification number or letter for such room. 87. Maximum number of pupils (1) The Permanent Secretary may specify the maximum number of pupils permitted in every classroom. (8 of 2001 s. 25; 3 of 2003 s. 14)(2) In every classroom there shall be kept exhibited in a prominent place a notice specifying the maximum number of pupils permitted in that room, and no more than such maximum number shall be permitted in that room. (8 of 2001 s. 25) 88. Size of classes In any school providing—(aa) nursery education, not more than 20 pupils; (L.N. 192 of 1983)(a) kindergarten education, not more than 30 pupils;(b) full-day kindergarten education, not more than 20 pupils;(c) primary, secondary or post-secondary education or any other educational course (other than an IMC school), not more than 45 pupils, (27 of 2004 s. 56)shall be taught at one time by one teacher, except in special cases with the permission of the Permanent Secretary.(L.N. 237 of 1982; 3 of 2003 s. 14) 89. (Repealed 27 of 2004 s. 57) 89A. Period of attendance at nursery schools No pupil undergoing nursery education shall attend at a school for that purpose for any period other than a period beginning and ending either before or after 1 p.m. on any day that he attends the school.(L.N. 192 of 1983) 90. Attendance registers A separate attendance register in a form approved by the Permanent Secretary shall be kept for each class.(3 of 2003 s. 14) 91. Equipment and educational facilities (1) All schools shall be provided with adequate apparatus, equipment, teaching materials and general facilities.(2) The Permanent Secretary may give directions in writing to the management authority of any school providing nursery, kindergarten, primary, secondary or post-secondary education or any other educational course that the school shall be provided with any such apparatus, equipment, teaching materials or general facilities as may be specified by the Permanent Secretary in such directions. (L.N. 192 of 1983; 3 of 2003 s. 14; 27 of 2004 s. 70)(L.N. 237 of 1982) 92. Syllabus and time-table subject to approval of Permanent Secretary (1) (Repealed L.N. 268 of 1990)(2) The responsible person of every school shall submit to the Permanent Secretary whenever so required by the Permanent Secretary the syllabus of instruction of each class or any other document he may specify for his approval. (27 of 2004 s. 71)(3) The Permanent Secretary may give directions in writing to the responsible person of any school as to the instruction which shall be or shall not be included in any such syllabus. (27 of 2004 s. 71)(4) Unless with the express permission of the Permanent Secretary in writing, military training by schools is prohibited.(5)-(7) (Repealed L.N. 268 of 1990)(8) The Permanent Secretary may give a direction in writing to the principal of a school that from such date as may be specified in the direction a syllabus of instruction or any other document specified in the direction shall not be used for instruction in any class in the school or in such class in the school as may be specified in the direction. (27 of 2004 s. 58)(9) No person shall use a syllabus of instruction or any other document in contravention of a direction given under paragraph (8). (L.N. 268 of 1990)(10) The Permanent Secretary may give directions in writing to the responsible person of any school in respect of the time-table of work of any class and may require any responsible person to submit for his approval any such time-table. (27 of 2004 s. 71)(11) (Repealed L.N. 268 of 1990)(12) The responsible person shall inform the Permanent Secretary of any change in the hours of school work. (27 of 2004 s. 71)(L.N. 268 of 1990; 3 of 2003 s. 14) 93. Restriction on training for teachers Unless permitted by the Permanent Secretary, no school shall provide any course of training the completion of which qualifies the participant for being registered as a registered teacher.(27 of 2004 s. 59) 94. Information to be given concerning school and pupils The management authority shall submit to the Permanent Secretary, whenever required by the Permanent Secretary, such information concerning the school or pupils thereof as may be required by the Permanent Secretary.(3 of 2003 s. 14; 27 of 2004 s. 70) 95. (Repealed 27 of 2004 s. 60) 96. Expulsion and suspension of pupils (1) If in the opinion of the Permanent Secretary the behaviour of any pupil is undesirable or improper or contrary to the good of the school or the other pupils he may, in his absolute discretion, require the principal to expel such pupil from the school or to suspend him for such time and under such conditions as the Permanent Secretary may specify. (L.N. 268 of 1990; 3 of 2003 s. 14; 27 of 2004 s.

61)(2) Nothing in paragraph (1) shall prejudice the right of a principal or supervisor to expel or suspend a pupil from the school. 97. Expelled pupil not to enter school premises without permission (1) No pupil who has been expelled from a school under regulation 96(1) shall enter or remain in the school premises without the permission of the management authority of the school. (27 of 2004 s. 62)(2) (Repealed 27 of 2004 s. 62)(3 of 2003 s. 14) 98. Prejudicial activities (1) No instruction, education, entertainment, recreation or activity of any kind which, in the opinion of the Permanent Secretary, is in any way prejudicial to the welfare of the pupils or to their education generally shall be permitted upon any school premises or upon the occasion of any school or classroom activity.(2) The Permanent Secretary may give directions in writing or other guidance to the management authority of any school as to the dissemination of information or expression of opinion of a political nature in that school, so as to ensure that that information or opinion is unbiased. (27 of 2004 s. 70)(L.N. 268 of 1990; 3 of 2003 s. 14) 99. (Repealed L.N. 268 of 1990) 99A. Business or trading operation (1) No supervisor, manager or management Committee of a school in receipt of public funds shall, without the prior permission in writing of the Permanent Secretary— (3 of 2003 s. 14)(a) operate or permit to operate on school premises any business or trading undertaking; or(b) enter into any business or trading arrangement, directly or indirectly, with any person for the supply of food, drinks, books, stationery, uniforms or any other thing that is required by such school to be possessed or used by pupils of the school.(2) Where permission has been granted for the purposes of paragraph (1), the supervisor of the school shall—(a) within 4 months after the end of the financial year of the school, or such extended period as may be permitted by the Permanent Secretary, furnish to the Permanent Secretary an annual audited statement of accounts of every such business or trading undertaking, or business or trading arrangement; and (3 of 2003 s. 14)(b) furnish together with such statement of accounts a statement indicating how the profits have been applied or are intended to be applied.(3) No supervisor, manager or management committee of a school in receipt of public funds shall apply the profits for any purpose not directly benefiting the pupils of the school without the prior permission in writing of the Permanent Secretary. (3 of 2003 s. 14)(4) For the purposes of this regulation—profits (利潤) means any profits or net income arising from a business or trading undertaking, or a business or trading arrangement, referred to in paragraph (1);school in receipt of public funds (接受政府撥款學校) means—(a) any aided school which is a school without IMC; or (21 of 2000 s. 10; 27 of 2004 s. 63)(b) any school that is operated by the English Schools Foundation.(L.N. 213 of 1980) 99B. Restriction on use of profits arising from business or trading arrangement by incorporated management committee (1) This regulation applies to an IMC school.(2) The incorporated management committee of a school shall not, without the prior permission in writing by the Permanent Secretary, apply any profits or net income arising from—(a) any business or trading undertaking operated by or with the permission of the committee on the school premises; or(b) any business or trading arrangement entered into by the committee, directly or indirectly, with any person for the supply of food, drinks, books, stationery, uniforms or any other thing that is required by the school to be possessed or used by its pupils,for any purpose not directly benefiting the pupils of the school.(27 of 2004 s. 64) 100. Copy of Ordinance and regulations A copy of the Ordinance and these regulations shall be kept in an accessible place in the premises of every school and shall be readily available to all school staff for reference. 101. Offences (1) Any person who contravenes regulation 18, 31, 34(2), 35(2), 66(1), 85, 88 or 92(9) shall be guilty of an offence. (L.N. 192 of 1983; L.N. 268 of 1990; 8 of 2001 s. 26; 27 of 2004 s. 65)(2) Any manager of a school without IMC who contravenes regulation 61, 63 or 66(2) shall be guilty of an offence. (27 of 2004 s. 65)(2A) Any manager of an IMC school who contravenes regulation 61 shall be guilty of an offence. (27 of 2004 s. 65)(3) If regulation 10, 22, 37, 62, 65, 84(1) or (2) or 93 is contravened in respect of a school without IMC, the managers of the school shall each be guilty of an offence. (27 of 2004 s. 65)(3A) If regulation 10, 22, 37, 84(1) or (2) or 93 is contravened in respect of an IMC school with the consent or connivance of any manager of the school, the manager shall be guilty of an offence. (27 of 2004 s. 65)(4) The supervisor of a school without IMC who contravenes regulation 21(1) or (2), 53(1), 61, 63, 64, 77, 79, 81, 82, 83(1) or (3), 92(2) or (12) or 99A(2) shall be guilty of an offence. (27 of 2004 s. 65)(4A) If an incorporated management committee contravenes regulation 53(1), 61, 64, 77 or 99B(2) with the consent or connivance of any manager of the school, the manager shall be guilty of an offence. (27 of 2004 s. 65)(5) The principal of a school without IMC who contravenes regulation 21(2), 32, 38, 39(1), 52(1), 53(2) or 83(2) or (3) shall be guilty of an offence. (27 of 2004 s. 65)(5A) The principal of an IMC school who contravenes regulation 21(1) or (2), 32, 38, 39(1), 52(1) or 53(2) shall be guilty of an offence. (27 of 2004 s. 65)(5B) If regulation 92(9) is contravened in respect of any school, the principal of the school shall be guilty of an offence. (27 of 2004 s. 65)(6) If regulation 16, 31, 34(2), 46A, 67, 80, 85, 87(2), 88, 89A, 90 or 92(4) or (9) is contravened in respect of a school without IMC, the supervisor and principal of the school shall each be guilty of an offence. (27 of 2004 s. 65)(6AA) If regulation 16, 31, 34(2), 85, 87(2) or 92(4) or (9) is contravened in respect of an IMC school, the principal of the school shall be guilty of an offence. (27 of 2004 s. 65)(6A) Any supervisor or manager who contravenes regulation 99A(1) or (3) shall be guilty of an offence. (27 of 2004 s. 65)(6B) If the management committee of a school without IMC contravenes regulation 99A(1) or (3), the managers of the school shall each be guilty of an offence. (27 of 2004 s. 65)(7) Any teacher who contravenes regulation 33, 58, 61, 63 or 66(2) shall be guilty of an offence. (27 of 2004 s. 65)(8) (Repealed 27 of 2004 s. 65)(9) If a person is charged with an offence under paragraph (6B), it shall be a defence to the charge if he proves that—(a) the other members of the management committee concerned contravened regulation 99A(1) or (3) without his knowledge or consent; or(b) he took all reasonable steps to prevent the other members of the management committee from contravening the regulation. (27 of 2004 s. 65)(10) Prosecution for an offence under regulation 61, 62, 65, 66 or 87(2) shall be commenced within 6 months after the date of discovery of the offence by the Permanent Secretary or any inspector of schools. (8 of 2001 s. 26; 3 of 2003 s. 14) 102. Penalties (1) Subject to paragraph (2), any person who is guilty of an offence under these regulations shall be liable on conviction to a fine at level 5 and to imprisonment for one year.(2) A person who is guilty of an offence under regulation 101(6) or (6AA) by virtue of a contravention of regulation 87(2) shall be liable on conviction to a fine of $250,000 and to imprisonment for one year. (8 of 2001 s. 27; 27 of 2004 s. 66)(L.N. 205 of 2000) 103. (Repealed 8 of 2001 s. 28) 104. Appeals The Fourth Schedule shall have effect for the purpose of regulating appeals to an Appeal Board (appointed under Part V of the Ordinance) in respect of regulations specified in that Schedule.(L.N. 268 of 1990; 1 of 2004 s. 17) First Schedule [reg. 43]Latrines and Urinals in School Premises other than Boarding School Premises 1. For latrines and urinals connected to a flush system to the requirements shall be—(a) for boys— (E.R. 3 of 2022)one pan and 2 urinals for every 30 pupils. Where urinals are not provided one pan shall be provided for every 20 pupils;(b) for girls— (E.R. 3 of 2022)one pan for every 20 pupils. 2. For latrines and urinals not connected to a flush system the requirements shall be—(a) for boys— (E.R. 3 of 2022)one pan and 2 urinals for every 30 pupils;(b) for girls— (E.R. 3 of 2022) one pan for every 20 pupils.Latrines and Urinals in Boarding School Premises 1. For latrines and urinals connected to a flush system the requirements shall be—(a) for boys— (E.R. 3 of 2022)one pan and one urinal for every 15 boarders;(b) for girls— (E.R. 3 of 2022)one pan for every 15 boarders. Note: For the purpose of this Schedule, urinal (尿廁) means a separate urinal vessel or a trough not less than 450 mm long. (L.N. 62 of 1977)(E.R. 3 of 2022) Second Schedule (Format changes—E.R. 2 of 2012) Part 1 [reg. 68]Qualifications for a Registered Teacher (1) An approved degree of a specified institution together with an approved teacher’s diploma, certificate, or like qualification to teach; (1 of 2004 s. 18)(2) a degree in education of a specified institution; (1 of 2004 s. 18)(3) (Repealed 1 of 2004 s. 18)(4) a teacher’s certificate issued by the Hong Kong Government;(5) a Hong Kong Government Normal School certificate and 5 years approved teaching experience; (L.N. 122 of 1974)(6) a Hong Kong Government Evening Institute teacher’s certificate and 5 years approved teaching experience; (L.N. 122 of 1974)(7) a certificate of status as “Qualified Teacher” or “Qualified Kindergarten Teacher” issued by the Hong Kong Education Department to a teacher who has completed an approved course of training and passed a written and practical test, and approved teaching experience; or (L.N. 122 of 1974; L.N. 268 of 1990; E.R. 3 of 2022)(8) any other educational training and experience which in the opinion of the Permanent Secretary is equivalent to the qualifications specified in paragraph (1), (2), (4), (5), (6) or (7). (3 of 2003 s. 14; 1 of 2004 s. 18; E.R. 3 of 2022)(9) (Repealed 1 of 2004 s. 18)For the purposes of this Part and Part 2— (1 of 2004 s. 18)(a) approved (認可) means approved by the Permanent Secretary;(b) specified institution (指明院校) means any of the following— (i) the Lingnan University established by the Lingnan University Ordinance (Cap. 1165);(ii) The Education University of Hong Kong established by The Education University of Hong Kong Ordinance (Cap. 444); (6 of 2016 s. 2)(iii) the University of Hong Kong established by the University of Hong Kong Ordinance (Cap. 1053);(iv) The Hong Kong Polytechnic University established by The Hong Kong Polytechnic University Ordinance (Cap. 1075);(v) The Chinese University of Hong Kong established by The Chinese University of Hong Kong Ordinance (Cap. 1109);(vi) the Hong Kong Baptist University established by the Hong Kong Baptist University Ordinance (Cap. 1126);(vii) the City University of Hong Kong established by the City University of Hong Kong Ordinance (Cap. 1132);(viii) The Hong Kong Academy for Performing Arts established by The Hong Kong Academy for Performing Arts Ordinance (Cap. 1135);(ix) The Hong Kong University of Science and Technology established by The Hong Kong University of Science and Technology Ordinance (Cap. 1141);(x) the Hong Kong Metropolitan University established by the Hong Kong Metropolitan University Ordinance (Cap. 1145); (22 of 2021 s. 2)(xi) any Post Secondary College registered under the Post Secondary Colleges Ordinance (Cap. 320). (1 of 2004 s. 18) Part 2 [reg. 69]Qualifications for a Permitted Teacher, other than a Teacher to Whom Part 2A, 3 or 4 Applies (L.N. 268 of 1990; 1 of 2004 s. 18) (1) A higher diploma issued by a specified institution; (1 of 2004 s. 18)(1A) an associate degree of a specified institution; or (1 of 2004 s. 18)(2) any other educational training or practical experience which in the opinion of the Permanent Secretary is equivalent to the qualifications specified in paragraph (1) or (1A). (L.N. 237 of 1982; 3 of 2003 s. 14; 1 of 2004 s. 18) Part 2A [reg. 69A]Qualifications for a Permitted Teacher Who is Permitted to Teach other Educational Courses (1) One or two certificates of the Hong Kong Certificate of Education Examination with an aggregate of 5 separate subjects at Grade E or a higher grade, including— (L.N. 23 of 2012)(a) English Language (Syllabus B), or of a standard which in the opinion of the Permanent Secretary is equivalent to Grade E or a higher grade in that certificate; or(b) Chinese Language;(1A) one or two certificates of the Hong Kong Diploma of Secondary Education Examination with an aggregate of 5 separate subjects consisting of—(a) English Language or Chinese Language at Level 2 or a higher level;(b) 2 subjects each of which is—(i) a subject from the New Senior Secondary subjects at Level 2 or a higher level;(ii) a subject from the Applied Learning subjects with an “Attained” or “Attained with Distinction” result; or(iii) a subject from the Other Language subjects at Grade E or a higher grade; and(c) 2 subjects each of which is—(i) a subject from the New Senior Secondary subjects at Level 2 or a higher level; or(ii) a subject from the Other Language subjects at Grade E or a higher grade; or (L.N. 23 of 2012)(2) any other educational training or practical experience which in the opinion of the Permanent Secretary is equivalent to the qualifications specified in paragraph (1) or (1A).For the purposes of this Part and Part 4, a subject is not separate from another subject by reason only that instruction in the first subject is given in a language different from that in which instruction in the second subject is given.(1 of 2004 s. 18; L.N. 23 of 2012) Part 3 [reg. 70]Qualifications for a Permitted Teacher Who is Permitted to Teach English The qualifications specified in Part 2 or 2A and— (1 of 2004 s. 18)(1) Grade E or higher grade in English Language (Syllabus B) in the Hong Kong Certificate of Education Examination;(1A) Level 2 or a higher level in English Language in the Hong Kong Diploma of Secondary Education Examination; (L.N. 23 of 2012)(2) a pass in English Language in the Hong Kong English School Certificate, the Hong Kong Chinese School Certificate, or the Hong Kong School Certificate; or(3) a knowledge of English of a standard which in the opinion of the Permanent Secretary is equivalent to— (L.N. 23 of 2012)(a) Grade E in English Language (Syllabus B) in the Hong Kong Certificate of Education Examination; or(b) Level 2 in English Language in the Hong Kong Diploma of Secondary Education Examination. (3 of 2003 s. 14; L.N. 23 of 2012)(1 of 2004 s. 18) Part 4 [reg. 70A]Qualifications for a Permitted Teacher Who is Permitted to Teach Pupils Undergoing Nursery or Kindergarten Education (1) A certificate of status as “Qualified Assistant Kindergarten Teacher” issued by the Hong Kong Education Department to a teacher who has completed an approved course of training, and approved teaching experience;(2) one or two certificates of the Hong Kong Certificate of Education Examination with an aggregate of 5 separate subjects at Grade E or a higher grade, including English Language (Syllabus A or B) and Chinese Language; (1 of 2004 s. 18)(2A) one or two certificates of the Hong Kong Diploma of Secondary Education Examination with an aggregate of 5 separate subjects consisting of—(a) English Language at Level 2 or a higher level;(b) Chinese Language at Level 2 or a higher level;(c) 2 subjects each of which is—(i) a subject from the New Senior Secondary subjects at Level 2 or a higher level;(ii) a subject from the Applied Learning subjects with an “Attained” or “Attained with Distinction” result; or(iii) a subject from the Other Language subjects at Grade E or a higher grade; and(d) either of the following—(i) a subject from the New Senior Secondary subjects at Level 2 or a higher level;(ii) a subject from the Other Language subjects at Grade E or a higher grade; or (L.N. 23 of 2012)(3) any other educational training or practical experience which in the opinion of the Permanent Secretary is equivalent to the qualifications specified in paragraph (1), (2) or (2A). (3 of 2003 s. 14)For the purposes of this Part, approved (認可) means approved by the Permanent Secretary. (3 of 2003 s. 14)(L.N. 268 of 1990; L.N. 23 of 2012)(E.R. 2 of 2012) Third Schedule (Repealed 8 of 2001 s. 29) Fourth Schedule [reg. 104]Appeals to Appeal Board (1 of 2004 s. 19) Part I Practice and Procedure 1. If the Permanent Secretary has made a decision (whether by way of a direction in writing or by the formation of an opinion) by exercising any power conferred on him under a provision specified in column 1 of the table, he shall serve notice in writing of his decision on the person specified in relation thereto in column 2 of the table, stating the grounds for his decision, and shall supply to the person a copy of Part V of the Ordinance and a copy of this Schedule. (3 of 2003 s. 14) Table Column 1 Column 2 Regulation 92(8) Principal (27 of 2004 s. 67) Regulation 96 Pupil’s parent or, if the pupil has attained the age of 18 years, the pupil Regulation 98 Management authority (27 of 2004 s. 67) (E.R. 3 of 2022) 2. The provisions of Part V of the Ordinance shall, subject to the modifications set out in Part II of this Schedule, apply to and in relation to a decision of the Permanent Secretary referred to in paragraph 1. 3. In this Schedule, parent (家長) includes a guardian and the person having actual custody of the pupil.(3 of 2003 s. 14) Part II Modifications to Part V of the Ordinance Section Modification 59(1) For “Part” substitute “Part and the Fourth Schedule to the Education Regulations (Cap. 279 sub. leg. A)”. 59(5) Omit. 59(6)(a) For “Part” substitute “Part and the Fourth Schedule to the Education Regulations (Cap. 279 sub. leg. A)”. 60 Omit. 61(1) For “section 60(1)” substitute “paragraph 1 of the Fourth Schedule to the Education Regulations (Cap. 279 sub. leg. A)”. 62(2), (7) and (8) For “section 60(1)” wherever it occurs substitute “paragraph 1 of the Fourth Schedule to the Education Regulations (Cap. 279 sub. leg. A)”. 65 Omit. 66 Omit. (L.N. 268 of 1990)