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493 PDFTitle:NON-LOCAL HIGHER AND PROFESSIONAL EDUCATION (REGULATION) ORDINANCEGazette Number:L.N. 130 of 2007
Section:8Heading:ExemptionVersion Date:01/07/2007
Remarks:

    For the saving and transitional provisions relating to the amendments made by the Resolution of the Legislative Council (L.N. 130 of 2007), see paragraph (12) of that Resolution.

(1) A regulated course shall be an exempted course for the purposes of this Ordinance if-
        (a) the executive head of a local institution of higher education furnishes the Registrar with a certificate certifying that-
          (i) the course is conducted by a non-local institution or non-local professional body which mainly operates in a country outside Hong Kong in collaboration with that local institution of higher education;
          (ii) the course-
            (A) is not funded wholly or partly by any fund allocated by the Government out of the general revenue to that local institution of higher education; or
            (B) is funded wholly or partly by any fund allocated by the Government out of the general revenue to that local institution of higher education with the written consent of the Secretary for Education ; and (Amended L.N. 130 of 2007)
          (iii) (A) (in the case of a course purporting to lead to the award of a non-local higher academic qualification by that non-local institution)-
                (I) that non-local institution is a recognized non-local institution; and
                (II) effective measures are in place to ensure that the standard of the course is maintained at a level comparable with a course conducted in that country leading to the same qualification and is recognized as such by that institution, the academic community in that country and the relevant accreditation authority in that country (if any);
            (B) (in the case of a course purporting to lead to the award of a non-local professional qualification by that non-local professional body)-
                (I) the course is recognized by that professional body for the purpose of awarding the qualification or of the claimed purpose referred to in section 2(2)(b)(ii); and
                (II) that professional body is generally recognized in that country as an authoritative and representative professional body in the relevant profession;
        (b) the Registrar receives within 1 month after 31 December of each year during which the course is conducted in Hong Kong-
          (i) a report containing such information as may be required by the Registrar relating to the course; and
          (ii) a certificate by the executive head of that local institution of higher education certifying the conditions set out in subparagraphs (i), (ii) and (iii)(A) or, as the case may be, (iii)(B) of paragraph (a) have been complied with in relation to the course throughout the period during which the course is conducted in the year;
        (c) the certificate referred to in paragraph (a) is accompanied by such information or document as may be specified by the Registrar;
        (d) the certificate referred to in paragraph (a) or (b)(ii) is accompanied by the prescribed fee;
        (e) no rule made under section 40(1)(c) or (d) has been contravened in relation to the course; and
        (f) the requirement of subsection (9) is complied with in relation to the course.
(2) A certificate referred to in subsection (1)(a) shall be delivered to the Registrar-
        (a) in the case of a course which is being conducted at the commencement date appointed under section 1(2), within 1 month after such commencement date;
        (b) in any other case, before the course commences.
(3) The Registrar may in his absolute discretion extend the period referred to in subsections (1)(b) and (2)(a).
(4) A certificate referred to in subsection (1)(a) or (b)(ii) shall be of no effect if it is false in any material particular.
(5) The Registrar may by notice in writing require the operator of an exempted course to give to the Registrar within such period as is specified in the notice (being a period not less than 1 month beginning on the date of the notice) any information or document which-
        (a) relates to the course; and
        (b) is in the possession of the operator or under his control.
(6) The Registrar may in his absolute discretion extend the period specified in a notice under subsection (5).
(7) An operator who without reasonable excuse fails to comply with a requirement made of him under subsection (5) commits an offence and is liable on conviction to a fine at level 3.
(8) The Registrar may obtain, from the Accreditation Council or such other person or organization as he thinks fit, such advice as is reasonably required to enable him to verify the content of any certificate referred to in subsection (1)(a) or (b)(ii).
(9) Where the Registrar incurs any expenses in obtaining an advice under subsection (8) in respect of a certificate furnished by the executive head of a local institution of higher education-
        (a) that institution shall pay to the Registrar a sum of money equal to such expenses within such reasonable period as the Registrar may specify;
        (b) such sum, if unpaid under paragraph (a), shall be recoverable from that institution as a civil debt.
(Enacted 1996)