Page:Education Ordinance 1971 (Cap. 279).pdf/51

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A306
Ord. No. 52/71
EDUCATION

(l) contravenes section 71;
(m) contravenes section 86; or
(n) is an owner or a manager of a school which contravenes section 86,

shall be guilty of an offence and shall be liable on conviction to a fine of five thousand dollars and to imprisonment for two years.

(4) If a registered manager of a school is charged with an offence by reason of being a member of a management committee which has contravened a provision of this Ordinance specified in paragraph (a) of subsection (2) or in paragraph (g) of subsection (3), it shall be a defence to the charge if he proves that—

(a) the other members of the management committee contravened such provision without his knowledge or consent; or
(b) he took all reasonable steps to prevent the other members of the management committee from contravening such provision.

Evidence. 88. In any prosecution for an offence against this Ordinance—

(a) if it is proved that any equipment, materials or documents of an educational nature or suitable for the purposes of a school were found at any place, it shall be presumed until the contrary is proved that a school was being operated at such place;
(b) if it is proved that any person did any act in connexion with the organization or operation of a school, it shall be presumed until the contrary is proved that such person took part in the management of such school; and
(c) if it is proved that any person was in charge of or issued instructions to any person under twenty-one years of age in any school premises, it shall be presumed until the contrary is proved that the first-mentioned person was teaching in that school.

Liability of landlord and tenant of premises in which school is unlawfully operated. 89. (1) A magistrate may, if satisfied that—

(a) a school which is not registered or provisionally registered is being operated in any premises; or
(b) a school is being operated in any premises which are not specified in the certificate of registration or provisional registration of the school,
order that a notice in writing of the fact shall be served on the landlord and the tenant of the premises or, if the landlord or