Cap. 493 sub. leg. B

Non-local Higher and Professional Education (Regulation) Rules(Cap. 493, section 40)(Enacting provision omitted—E.R. 1 of 2021) [20 June 1997] L.N. 353 of 1997(Format changes—E.R. 1 of 2021) 1. (Omitted as spent—E.R. 1 of 2021) 2. Interpretation In these Rules, unless the context otherwise requires—publish (發表) includes broadcast and otherwise disseminate;purely distance learning course (純遙距學習課程) means a course of education which, but for the operation of section 2(5) or (6) of the Ordinance, would have fallen within the definition of regulated course in section 2(1) of the Ordinance by virtue of section 2(4) of the Ordinance. 3. Publication of advertisements (1) No person shall publish, or cause to be published, for distribution to or general reception by the public in Hong Kong any advertisement with respect to a registered course or an exempted course, or any part thereof, unless—(a) there is stated clearly in the advertisement—(i) in the case of a registered course or any part thereof, the registration number (if any) of the course as set out in the certificate of registration issued in respect of the course under section 10(9) of the Ordinance;(ii) in the case of an exempted course or any part thereof, that the course is an exempted course; and(b) the advertisement contains—(i) if the advertisement is in the English language only, a statement which reads “It is a matter of discretion for individual employers to recognize any qualification to which this course may lead”;(ii) if the advertisement is in the Chinese language only, a statement which reads “個別僱主可酌情決定是否承認本課程可令學員獲取的任何資格”;(iii) in any other case, both of the statements set out in subparagraphs (i) and (ii).(2) No person shall publish, or cause to be published, for distribution to or general reception by the public in Hong Kong with respect to a regulated course or a purely distance learning course, or any part thereof, any advertisement which contains any statement or representation which is false or misleading in a material particular as to—(a) whether or not the course is—(i) a regulated course;(ii) a registered course;(iii) an exempted course;(iv) a purely distance learning course;(b) any recognition in respect of any qualification to which the course or any part thereof may or is claimed to lead;(c) any employment or remuneration opportunities which may be or are claimed to be open to persons studying or completing the course or any part thereof.(3) Subject to subsection (4), a person who contravenes subsection (1) or (2) commits an offence and is liable on conviction—(a) in the case of contravention of subsection (1), to a fine at level 3;(b) in the case of contravention of subsection (2), to a fine at level 4 and to imprisonment for 6 months.(4) Where a person is charged for contravention of subsection (3) in respect of an advertisement, it shall be a defence for such person to prove—(a) that he carried on the business of publishing or arranging for the publication of advertisements, that he received the advertisement for publication in the ordinary course of business, and that at the time he published the advertisement he had no reason to believe that the contravention would occur by reason of the publication of the advertisement; or(b) that he took all reasonable steps and exercised all due diligence to avoid the contravention. 4. Refund of fees and charges collected (1) Where any fees and charges, however described, have been collected in respect of a registered course or an exempted course, there shall be refunded—(a) in the case of a registered course, within 1 month of the registration of the course being cancelled under section 14 of the Ordinance, such of the fees and charges that have been collected in respect of any part of the course falling to be conducted on or after the date* on which the cancellation comes into effect under section 16 of the Ordinance;(b) in the case of an exempted course, within 1 month of the course being removed from the register of exempted courses within the meaning of section 7(1) of the Ordinance upon its ceasing to be an exempted course within the meaning of section 8 of the Ordinance, such of the fees and charges that have been collected in respect of any part of the course falling to be conducted on or after the date of the course ceasing to be such an exempted course;(c) within 1 month of the premature cessation of any such course, such of the fees and charges that have been collected in respect of any part of the course falling to be conducted on or after the date of the cessation.(2) Where any fees or charges collected in respect of any part of a registered course or an exempted course are not refunded in accordance with subsection (1), the operator of the course commits an offence and is liable on conviction to a fine at level 4 and to imprisonment for 6 months. Editorial Note: * Commencement date: 1 December 1997. 5. Premises in which registered course or exempted course is conducted (1) An operator of a registered course or an exempted course shall furnish to the Registrar, in such form as the Registrar may specify, such particulars as the Registrar may specify in respect of any premises in Hong Kong in which the course or any part thereof is to be conducted, not later than 3 months before the course or the part thereof, as the case may be, is to be so conducted, or such later date (if any) as the Registrar may allow.(2) (a) An operator of a registered course or an exempted course shall furnish to the Registrar a certificate complying with the requirements of paragraph (b) in respect of any premises (other than exempted premises) in Hong Kong in which the course or any part thereof is to be conducted, not later than 1 month before the course or the part thereof, as the case may be, is to be so conducted, or such later date (if any) as the Registrar may allow.(b) The certificate required to be furnished under paragraph (a) in respect of any premises in which a registered course or an exempted course, or any part thereof, is to be conducted—(i) is a certificate issued by the Director of Fire Services pursuant to regulation 2(c) of the Fire Services Department (Reports and Certificates) Regulations (Cap. 95 sub. leg. C); and (E.R. 1 of 2021)(ii) shall certify that the use of the premises for the conduct of the course or the part thereof, as the case may be, will not expose any person in the premises to any undue risk of fire.(3) (a) A registered course or an exempted course, or any part thereof, shall not be conducted in any premises (other than exempted premises) in Hong Kong, without the approval of the Registrar granted under paragraph (c).(b) An operator of a registered course or an exempted course may at any time not later than 3 months before the course or any part thereof is conducted in any premises in Hong Kong, or such later date (if any) as the Registrar may allow, apply to the Registrar, in such form as the Registrar may specify, for the grant of an approval for the purposes of paragraph (a).(c) On an application to the Registrar under paragraph (b) for an approval in respect of any premises in which a registered course or an exempted course, or any part of the course, is to be conducted, the Registrar may grant the approval if the Registrar is satisfied, on the information provided for the purposes of the application or on any other information available to the Registrar, that— (25 of 2023 s. 118)(i) the operator has furnished to the Registrar particulars in respect of the premises in accordance with subsection (1);(ii) the operator has furnished to the Registrar a certificate in respect of the premises in accordance with subsection (2)(a);(iii) the conduct of the course or the part thereof, as the case may be, in the premises will not expose any person in the premises to any undue risk of fire; (iv) the means of escape in case of fire available to persons in the premises at any time when the course or the part thereof, as the case may be, is to be conducted will be adequate;(v) the premises will be structurally suitable for the conduct of the course or the part thereof, as the case may be;(vi) the conduct of the course or the part of the course, as the case requires, will not result in a contravention of—(A) an approved plan or partly approved plan under the Town Planning Ordinance (Cap. 131) or a draft plan prepared under that Ordinance; or(B) any terms or conditions of the Government lease of the land in which the premises are comprised; and (29 of 1998 s. 105; 25 of 2023 s. 118)(vii) the premises will not be unsuitable for any other reason for the conduct of the course or the part thereof, as the case may be.(4) (a) An operator of a registered course or an exempted course who fails to comply with subsection (1) commits an offence and is liable on conviction to a fine at level 4.(b) Where a registered course or an exempted course, or any part thereof, is conducted in any premises in contravention of subsection (3)(a), the person by whom the course or the part thereof, as the case may be, is conducted commits an offence and is liable on conviction to a fine at level 4 and to imprisonment for 6 months.(5) For the purposes of this section, a reference to exempted premises is a reference to—(a) any premises specified in a certificate of registration within the meaning of the Education Ordinance (Cap. 279);(b) any premises specified in a certificate of provisional registration within the meaning of that Ordinance;(c) any premises owned or leased by a local institution of higher education for educational purposes;(d) any premises which are specified to the effect that they are designed and constructed for educational purposes on a plan approved for the purposes of section 14(1) of the Buildings Ordinance (Cap. 123);(e) any premises which are—(i) comprised in premises for which a hotel licence as defined by section 2(1) of the Hotel and Guesthouse Accommodation Ordinance (Cap. 349) is for the time being in force; and (6 of 2020 s. 51)(ii) specified as “function room” on a plan approved for the purposes of section 14(1) of the Buildings Ordinance (Cap. 123). 6. Receipts (1) Upon the payment of any fees or charges, however described, in respect of a registered course or an exempted course, or any part thereof, being received from any person by or on behalf of the operator of the course, the operator shall cause the payment to be acknowledged within 30 days of the payment being so received, by the issue to the person of a receipt in writing setting out the date of the receipt and the amount and purpose of the payment.(2) An operator of a registered course or an exempted course who fails to comply with subsection (1) commits an offence and is liable on conviction to a fine at level 3. 7. Prescribed fees The fee specified in column 3 of the Schedule is prescribed in respect of the matter described opposite thereto in column 2 of the Schedule. Schedule [s. 7]Prescribed Fees Column 1 Column 2 Column 3 Item Description Fee$ 1. For the issue of a certified copy of an entry in the register under section 7(5) of the Ordinance 140 2. For tender as the prescribed fee accompanying a certificate referred to in section 8(1)(a) or (b)(ii) of the Ordinance 115 3. For an application for the registration of a purely distance learning course or a regulated course under section 10(1) of the Ordinance 605 4. For a registered course— (a) in respect of each period of 12 months as referred to in section 18(1)(a) of the Ordinance 605 (b) in respect of part of such a period as referred to in section 18(1)(b) of the Ordinance 605