Post Secondary Colleges Ordinance, 1960

by Legislative Council of Hong Kong

Layout 2

SUPPLEMENT NO. 1

to the

HONG KONG GOVERNMENT GAZETTE

Published by Authority

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POST SECONDARY COLLEGES ORDINANCE, 1960.

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ARRANGEMENT OF SECTIONS.

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Section.

Page.

1.	Short title ............................................................................................................................................................................................................................................................................................................	86
2.	Interpretation ............................................................................................................................................................................................................................................................................................................	86
3.	Registers ............................................................................................................................................................................................................................................................................................................	86
4.	Requirements for registration ............................................................................................................................................................................................................................................................................................................	86
5.	Effect of registration ............................................................................................................................................................................................................................................................................................................	87
6.	Refusal of registration and cancellation ............................................................................................................................................................................................................................................................................................................	88
7.	Visits ............................................................................................................................................................................................................................................................................................................	89
8.	Name of College ............................................................................................................................................................................................................................................................................................................	89
9.	Evening Colleges ............................................................................................................................................................................................................................................................................................................	89
10.	Award of diplomas and certificates ............................................................................................................................................................................................................................................................................................................	89
11.	Research and special studies ............................................................................................................................................................................................................................................................................................................	89
12.	Regulations ............................................................................................................................................................................................................................................................................................................	89

HONG KONG

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No. 15 of 1960.

An Ordinance to provide for the registration and control of certain Post Secondary Colleges and their consequent exemption from the provisions of the Education Ordinance and for other matters connected therewith.

[20th May, 1960]

Be it enacted by the Governor of Hong Kong, with the advice and consent of the Legislative Council thereof, as follows—

Short title. 1. This Ordinance may be cited as the Post Secondary Colleges Ordinance. 1960.

Interpretation. 2. In this Ordinance save where the context otherwise requires—

“College” means a Post Secondary College registered under this Ordinance, and such College should be known as an Approved Post Secondary College;

“Board of Governors” includes a Board of Trustees where such a body exists in place of a Board of Governors;

“Director” means the Director of Education.

Registers. 3. For the purposes of this Ordinance the Director shall keep the following registers—

(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.

Requirements for registration. 4. A Post Secondary College shall be eligible for registration under section 3 and thereafter to remain on the register where the Director is satisfied as to

(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 Colleges which documents shall contain such provisions as are set out in the regulations;

(c) the courses offered being suitable in all respects for Post Secondary Colleges meeting a community need and including major courses extending over at least four years;

(d) the equipment, laboratories, library and general facilities being adequate for the courses offered:

(e) the number, qualifications, remuneration and conditions of service of the Post Secondary College staff;

(f) the premises being adequate for the purposes of a Post Secondary College and being in all ways suitable and safe for such purposes;

(g) the conditions as to age and attainments of the students qualifying for admission, the standard of instruction and the final examination standards;

(h) the number of students being admitted having regard to the maintenance of status and standards, facilities available and community need;

(i) students being admitted without favour being shown on grounds of race, nationality or religion save where on the application of the Post Secondary College the Director approves of an exception in favour of a class of persons holding a particular religious faith;

(j) the Post Secondary College being free from affiliation with or control by any foreign government, foreign organization or 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 Director considers inimical to the interests of the College;

(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 be a corporation unless other arrangements are made, to the approval of the Director, for the proper discharge of legal obligations and safeguarding of rights of the College;

(n) the College complying in all respects with the provisions of this Ordinance.

Effect of registration.
(33 of 1952, 1958 Reprint). 5. So long as a College remains registered under section 3 it shall be exempt from the provisions of the Education Ordinance, 1952.

Refusal of registration and cancellation.

6. (1) The Director may refuse to register or may cancel the registration of—

(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 Director shall cancel the registration of—

(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 Director shall give notice in writing of any refusal to register or of any cancellation to the Post Secondary College or person concerned.

(4) Where the Director refuses to register or cancels a registration under subsection (1) the Post Secondary College or person concerned may within twenty one days of the receipt of the notice under sub- section (3) appeal by way of petition to the Governor in Council, and the decision of the Governor in Council shall be final.

(5) For the purpose of considering a petition and determining the the matters raised in such petition, and may empower such tribunal appeal the Governor in Council may appoint a tribunal to inquire into 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 Governor in Council.

(6) (a) In addition to the powers of the Director under subsection (1) the Governor in Council may order the Director 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 Governor 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.

(b) Before making any order under this subsection the Governor 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 Governor in Council.

Visits. 7. For the purposes of this Ordinance, and for the purpose of ensuring compliance with any conditions attaching to financial assistance from Government, the Director 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.

Name of College. 8. (1) Every College shall be registered under such name in both English and Chinese as may be approved by the Director, who shall not without the prior sanction of the Governor in Council approve any name containing the word “University”, or the Chinese words “Tai Hok” (大學) or “Hok Yuen” (學院).

(2) No College may use any name other than its registered name.

Evening Colleges. 9. (1) Where any Post Secondary College provides courses in the evening of a like nature to those provided in a College, such Post Secondary College may be required by the Director to include the word “Evening (夜)” in its name.

(2) Every Post Secondary College so required shall be deemed a separate College and shall be required to register as such, notwithstanding that it is registered as a College in respect of the courses conducted during the day.

Award of diplomas and certificates.
(33 of 1952, 1958 Reprint). 10. Colleges registered under this Ordinance and Post Secondary Colleges registered under the Education Ordinance, 1952, may award College diplomas and College certificates but shall not award degrees or issue any document which could reasonably be taken as signifying the award of a university degree.

Research and special studies. 11. Colleges may establish institutes or departments of research or special studies with the approval in writing of the Director, who in giving his approval shall take into consideration the need for any such institute or department and the ability of the College to maintain satisfactory standards therein with reference to the adequacy of the teaching staff, equipment and general facilities.

Regulations. 12. (1) The Governor in Council may by regulation prescribe or provide for—

(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 Director may exempt any College, officer, teacher or student thereof from any of the provisions of any regulations made under this section.

Passed the Legislative Council of Hong Kong, this 18th day of May, 1960.

A. Chapman,
Deputy Clerk of Councils.

(Secretariat CR4/3231/59)