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](Format changes—E.R. 2 of 2019) 1. Short title This Ordinance may be cited as the Post Secondary Colleges Ordinance. 2. Interpretation In this Ordinance, unless the context otherwise requires—Board of Governors (校董會) includes a Board of Trustees where such a body exists in place of a Board of Governors;College (學院) means a Post Secondary College registered under this Ordinance, and such College should be known as an Approved Post Secondary College;Permanent Secretary (常任秘書長) means the Permanent Secretary for Education; (Added 3 of 2003 s. 24. Amended L.N. 130 of 2007; 28 of 2025 s. 5)Post Secondary College (專上學院) means an institution that provides self-financing degree or sub-degree education, but excludes an institution that solely provides regulated courses as defined by section 2(1) of the Non-local Higher and Professional Education (Regulation) Ordinance (Cap. 493); (Added 28 of 2025 s. 5)registered college (註冊學院) means a Post Secondary College registered under this Ordinance; (Added 28 of 2025 s. 5)Secretary (局長) means the Secretary for Education; (Added 28 of 2025 s. 5)sub-degree (副學位) means an associate degree or a higher diploma. (Added 28 of 2025 s. 5)(Amended 3 of 2003 s. 24) 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. 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 4 years; (Amended E.R. 2 of 2019)(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. 5. Effect of registration (1) So long as a College remains registered under section 3 it shall be exempt from the provisions of the Education Ordinance (Cap. 279). (Amended 28 of 2025 s. 10)(2) Subject to subsection (3), a registered college—(a) may, with the prior approval of the Secretary, award degrees;(b) may award sub-degrees; and(c) may award diplomas and certificates. (Added 28 of 2025 s. 10)(3) A registered college may not award a degree (other than an honorary degree) or a sub-degree unless there is a statement in the accreditation report of the college to the effect that the degree or sub-degree—(a) comes within a description of qualification specified in section 1 or 3 of Schedule 3 to the Accreditation of Academic and Vocational Qualifications Ordinance (Cap. 592); and(b) may be entered in the Qualifications Register. (Added 28 of 2025 s. 10)(4) In deciding whether to grant an approval for the purposes of subsection (2)(a), the Secretary may have regard to—(a) for a degree that is not an honorary degree—(i) the manpower needs of the sectors to which the degree relates;(ii) the sustainability of the degree programme; and(iii) the strategic plan and track record of the registered college;(b) for an honorary degree—(i) the maturity and track record of the registered college; and(ii) whether the college has been approved under section 8(1) for its name to contain the English word “University” or the Chinese characters “大學”; and(c) any other factors that the Secretary considers relevant. (Added 28 of 2025 s. 10)(5) If, in relation to a registered college, the Secretary refuses to grant such an approval, the Permanent Secretary must, by written notice, inform the college of the refusal and the reasons for the refusal. (Added 28 of 2025 s. 10)(6) In this section—accreditation report (評審報告) has the meaning given by section 2 of the Accreditation of Academic and Vocational Qualifications Ordinance (Cap. 592);Qualifications Register (資歷名冊) has the meaning given by section 2 of the Accreditation of Academic and Vocational Qualifications Ordinance (Cap. 592). (Added 28 of 2025 s. 10) 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)(4) Where the Permanent Secretary refuses to register or cancels a registration under subsection (1) the Post Secondary College or person concerned may within 21 days of the receipt of the notice under subsection (3) appeal by way of petition to the Chief Executive in Council, and the decision of the Chief Executive in Council shall be final. (Amended 53 of 2000 s. 3; 3 of 2003 s. 25; E.R. 2 of 2019)(5) For the purpose of considering a petition and determining the appeal the Chief Executive in Council may appoint a tribunal to inquire into the matters raised in such petition, and may empower such tribunal to hear evidence and do all other such things as are necessary for its due inquiry. Any tribunal so appointed shall conduct its inquiry in private and submit a report in writing to the Chief Executive in Council. (Amended 53 of 2000 s. 3)(6) (a) In addition to the powers of the Permanent Secretary under subsection (1) the Chief Executive in Council may order the Permanent Secretary to refuse to register or to cancel the registration of any Post Secondary College or of any person as a member of a Board of Governors or College Council or as a teacher where it appears to the Chief Executive in Council that the registration or the continued registration of such College or person would be prejudicial to the public interest, to the welfare of students or to education generally. (Amended 3 of 2003 s. 25)(b) Before making any order under this subsection the Chief Executive in Council shall afford to the Post Secondary College or person concerned the opportunity to submit any representations in writing which shall be considered by the Chief Executive in Council. (Amended 53 of 2000 s. 3) 6F. Appeal to Chief Secretary for Administration (1) If a registered college, or the President of a registered college, is aggrieved by a decision to refuse to grant to the college an approval mentioned in section 5(2)(a), the college or the President (as the case may be) may appeal to the Chief Secretary for Administration against the decision.(2) An appeal against a decision under subsection (1) may only be made by a written notice to the Chief Secretary for Administration within 30 days beginning on the date on which a notice is given in relation to the decision under section 5(5).(3) On an appeal under this section against a decision, the Chief Secretary for Administration may confirm, vary or reverse the decision.(4) A determination of the Chief Secretary for Administration for an appeal under this section is final.(Added 28 of 2025 s. 13) 7. Visits For the purposes of this Ordinance, and for the purpose of ensuring compliance with any conditions attaching to financial assistance from Government, the Permanent Secretary and any person authorized by him in writing in that behalf, may visit any College, and shall be afforded all reasonable facilities and information by the College and the teachers and officers.(Amended 3 of 2003 s. 25) 8. Name of College (1) Every College shall be registered under such name in both English and Chinese as may be approved by the Secretary, who shall not without the prior sanction of the Chief Executive in Council approve any name containing the English word “University” or the Chinese characters “大學”. (Amended 53 of 2000 s. 3; 3 of 2003 s. 25; 28 of 2025 s. 15)(2) No College may use any name other than its registered name. 9. (Repealed 28 of 2025 s. 17) 10. (Repealed 28 of 2025 s. 17) 11. (Repealed 28 of 2025 s. 17) 12. Regulations (1) The Chief Executive in Council may by regulation provide for— (Amended 53 of 2000 s. 3)(a) the provisions required to be in college constitutions including provisions relating to the composition of Boards of Governors, College Councils, Academic Boards and Faculty Boards, the officers and academic staff with their conditions of service and generally for the administration of the College;(b) the conduct of the affairs of the College;(c) forms;(d) generally for the carrying into effect of the provisions of this Ordinance.(2) The Permanent Secretary may exempt any College, officer, teacher or student thereof from any of the provisions of any regulations made under this section. (Amended 3 of 2003 s. 25) 13. Conducting courses on general holidays Notwithstanding anything in the General Holidays Ordinance (Cap. 149), a College may conduct educational courses or give instructions on a general holiday.(Added 1 of 2004 s. 22) 15. Savings and transitional provisions for Post Secondary Colleges (Amendment) Ordinance 2025 The savings and transitional provisions set out in the Schedule have effect for the purposes of the amendments made to this Ordinance by the Post Secondary Colleges (Amendment) Ordinance 2025 (28 of 2025).(Added 28 of 2025 s. 20) Schedule [s. 15]Savings and Transitional Provisions for Post Secondary Colleges (Amendment) Ordinance 2025 (Schedule added 28 of 2025 s. 20) 1. Interpretation (1) In this Schedule—Amending Ordinance (《修訂條例》) means the Post Secondary Colleges (Amendment) Ordinance 2025 (28 of 2025).(2) For the purposes of this Schedule, where the word “former” appears immediately before a reference to a section, the reference is to be construed as a reference to the section of this Ordinance as in force immediately before the section was amended by the Amending Ordinance.(3) (Addition not yet in operation—see 28 of 2025 s. 20) 2. (Addition not yet in operation—see 28 of 2025 s. 20) 3. (Addition not yet in operation—see 28 of 2025 s. 20) 4. (Addition not yet in operation—see 28 of 2025 s. 20) 5. (Addition not yet in operation—see 28 of 2025 s. 20) 6. (Addition not yet in operation—see 28 of 2025 s. 20) 7. (Addition not yet in operation—see 28 of 2025 s. 20) 8. Approval for names If, immediately before 1 August 2025, an approval for the name of a College granted by the Permanent Secretary under the former section 8(1) has effect, the approval continues to have effect on and after that date as if it had been granted by the Secretary under section 8(1). 9. Prior approval of Chief Executive in Council for awarding degrees (1) If, immediately before 1 August 2025, a College has had the prior approval of the Chief Executive in Council under the former section 10(a) for awarding degrees (prior approval), it may, on or after that date, continue to award the degrees as if section 17 of the Amending Ordinance had not come into operation.(2) However—(a) the Secretary may withdraw the prior approval at any time on or after 1 August 2025; and(b) the prior approval ceases to have effect if, at any time on or after 1 August 2025, the registration of the College as a registered college under this Ordinance is cancelled.