Contents of Section

Chapter:

279 PDFTitle:EDUCATION ORDINANCEGazette Number:L.N. 130 of 2007
Section:3Heading:InterpretationVersion 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) In this Ordinance, unless the context otherwise requires- (Amended 27 of 2004 s. 2)
"aided school" (資助學校) means any school that receives subsidies from the Government in accordance with the code of aid for primary schools, the code of aid for secondary schools or the code of aid for special schools; (Added 21 of 2000 s. 2)
"Appeal Board" (上訴委員會) means an Appeal Board appointed under section 62(1)(aa); (Added 1 of 2004 s. 2)
"Appeal Boards Panel" (上訴委員團) means the Appeal Boards Panel appointed under section 59(1)(a); (Added 1 of 2004 s. 2)
"authorized person" (獲授權人士) has the same meaning as it has in section 2 of the Buildings Ordinance (Cap 123); (Replaced 47 of 1990 s. 2)
"Building Authority" (建築事務監督) has the same meaning as it has in section 2 of the Buildings Ordinance (Cap 123);
"certificate of provisional registration" (臨時註冊證明書) means in relation to a school which is provisionally registered, the certificate which is issued by the Permanent Secretary under section 18(1) in respect of the school; (Amended 3 of 2003 s. 2)
"certificate of registration" (註冊證明書) means-
        (a) in relation to a school which is registered under section 13, the certificate issued by the Permanent Secretary under section 18(1) in respect of the school; and
        (b) in relation to a school which is registered under either of the repealed Ordinances, the certificate of registration issued by the Permanent Secretary under such Ordinance in respect of the school; (Amended 3 of 2003 s. 2)
"code of aid for primary schools" (小學資助則例) means the code described as such and issued by the Permanent Secretary, under the terms of which the Government gives subsidies to certain primary schools, as the same may be amended from time to time; (Added 21 of 2000 s. 2. Amended 3 of 2003 s. 2)
"code of aid for secondary schools" (中學資助則例) means the code described as such and issued by the Permanent Secretary, under the terms of which the Government gives subsidies to certain secondary schools, as the same may be amended from time to time; (Added 21 of 2000 s. 2. Amended 3 of 2003 s. 2)
"code of aid for special schools" (特殊學校資助則例) means the code described as such and issued by the Permanent Secretary, under the terms of which the Government gives subsidies to certain special schools, practical schools or skills opportunity schools, as the same may be amended from time to time; (Added 21 of 2000 s. 2. Amended 3 of 2003 s. 2)
"document" (文件) includes any account, counterfoil, text-book, exercise book, pamphlet, publication, newspaper, poster, drawing, sketch, film, filmstrip, slide, gramophone record, and other printed, written or recorded matter, whether relating to school management, teaching or recreation or to any other activity of or in connection with a school;
"DSS school" (直資學校) means a school which has joined the Direct Subsidy Scheme administered by the Permanent Secretary under which the school receives subsidy directly from the Government on such terms and conditions as specified by the Government from time to time; (Added 1 of 2004 s. 2)
"evening instruction" (夜間授課) means any instruction the greater part of which in any one day takes place after 6 p.m.;
"functions" (職能) includes powers and duties;
"IMC school" (設有法團校董會學校) means a school in respect of which an incorporated management committee is established under Part IIIB; (Added 27 of 2004 s. 2)
"inclusive fee" (費用總額) means the total sum of money charged in respect of the education of a pupil in a school;
"incorporated management committee" (法團校董會), in relation to a school, means the incorporated management committee established under section 40BN or 40BX in respect of the school; (Added 27 of 2004 s. 2)
"inspector of schools" (學校督學) means a person who is appointed under section 79 to be an inspector of schools, a medical officer of schools and a health inspector of schools;
"kindergarten education" (幼稚園教育) means a 2 years course of education normally commencing when a child has attained the age of 4 years; (Replaced 42 of 1993 s. 2)
"manage" (管理) includes administer;
"management authority" (管理當局) means, in relation to-
        (a) a school without IMC, the supervisor of the school;
        (b) an IMC school, the incorporated management committee of the school; (Added 27 of 2004 s. 2)
"management committee" (校董會), in relation to a school without IMC, means the managers of the school; (Replaced 27 of 2004 s. 2)
"manager" (校董), in relation to a school-
        (a) means a person who is registered as a manager of the school under section 29 or under either of the repealed Ordinances; and
        (b) subject to sections 40AL and 40AS, includes an alternate manager within the meaning of section 40AB; (Replaced 27 of 2004 s. 2)
"nursery education" (幼兒教育) means a one year course of education normally commencing when a child has attained the age of 3 years; (Replaced 42 of 1993 s. 2)
"Permanent Secretary" (常任秘書長) means the Permanent Secretary for Education; (Added 3 of 2003 s. 2. Amended L.N. 130 of 2007)
"permit to teach" (准用教員許可證) means a permit issued under section 50(1) or under either of the repealed Ordinances for the employment as a teacher in a school of a person who is not a registered teacher;
"permitted teacher" (准用教員) means a person, not being a registered teacher, who is permitted to be employed as a teacher in a school in accordance with a permit to teach;
"post secondary education" (專上教育) means education which is beyond the stage of secondary education;
"practical school" (實用中學) means a school that provides education for pupils through a practical curriculum and that has been approved by the Permanent Secretary for such purpose; (Added 21 of 2000 s. 2. Amended 3 of 2003 s. 2)
"primary education" (小學教育) means a 6 years course of education normally commencing when a child has attained the age of 6 years; (Replaced 42 of 1993 s. 2)
"primary school" (小學) means a school which provides primary education; (Added 34 of 1979 s. 2)
"principal" (校長) means, subject to section 58AA, a teacher who is approved as the principal of a school under section 53(2) or section 57(2) or under either of the repealed Ordinances; (Amended 8 of 2001 s. 2)
"proof of identity" (身分證明文件) has the meaning assigned to it by section 17B(1) of the Immigration Ordinance (Cap 115); (Added 8 of 2001 s. 2)
"provisionally registered" (臨時註冊) means provisionally registered under section 15;
"registered" (註冊), in relation to a school, means registered under section 13 or under either of the repealed Ordinances;
"registered name" (註冊名稱) means the name in which a school is registered or provisionally registered;
"registered teacher" (檢定教員) means a person who is registered as a teacher under section 45(1) or under either of the repealed Ordinances;
"repealed Ordinances" (已廢除條例) means-
        (a) the Education Ordinance 1952 (Cap 279 1964 Ed.); and
        (b) the Education Ordinance 1913 (26 of 1913);
"school" (學校) means an institution, organization or establishment which provides for 20 or more persons during any one day or 8 or more persons at any one time, any nursery, kindergarten, primary, secondary or post secondary education or any other educational course by any means, including correspondence delivered by hand or through the postal services; (Amended 38 of 1983 s. 2; 42 of 1993 s. 2)
"school management company" (學校管理公司), in relation to a school, means a company designated as such under subsection (2); (Added 27 of 2004 s. 2)
"school premises" (校舍) includes school recreation rooms, residential facilities, playing fields and playing grounds, and any other places used for the purposes of a school;
"school without IMC" (不設法團校董會學校) means a school other than an IMC school; (Added 27 of 2004 s. 2)
"secondary education" (中學教育) means a course of education after primary education which normally commences when a child has attained the age of 12 years and is completed before he attains the age of 19 years; (Replaced 42 of 1993 s. 2)
"secondary school" (中學) means a school which provides secondary education; (Added 34 of 1979 s. 2)
"skills opportunity school" (技能訓練學校) means a school that provides education for pupils through a skills oriented curriculum and that has been approved by the Permanent Secretary for such purpose; (Added 21 of 2000 s. 2. Amended 3 of 2003 s. 2)
"special school" (特殊學校) means a school that provides education for pupils through a special education curriculum and that has been approved by the Permanent Secretary for such purpose; (Added 21 of 2000 s. 2. Amended 3 of 2003 s. 2)
"specified form" (指明格式) means a form specified by the Permanent Secretary; (Added 8 of 2001 s. 2. Amended 3 of 2003 s. 2)
"sponsoring body" (辦學團體), in relation to a school, means a society, organization or body (whether incorporated or not) which is approved in writing by the Permanent Secretary to be the sponsoring body of the school; (Replaced 27 of 2004 s. 2)
"supervisor" (校監) means- (Amended 27 of 2004 s. 2)
        (a) in relation to a school without IMC, a manager who is-
          (i) approved as the supervisor of the school under section 34 or 38(2) or under either of the repealed Ordinances; or
          (ii) approved as the acting supervisor of the school under section 38A(2);
        (b) in relation to an IMC school, a manager who is-
          (i) appointed or elected under section 40AJ(2) as the supervisor of the school; or
          (ii) appointed or elected under section 40AJ(3) as the acting supervisor of the school. (Amended 27 of 2004 s. 2)
(2) The Permanent Secretary may by notice published in the Gazette designate any company which is incorporated under the Companies Ordinance (Cap 32) for the purposes of operating a school as stated in its memorandum of association as a school management company. (Added 27 of 2004 s. 2)
(3) A notice published under subsection (2) is not subsidiary legislation. (Added 27 of 2004 s. 2)
(Amended 42 of 1993 s. 2; 8 of 2001 s. 2; 3 of 2003 s. 2; 27 of 2004 s. 2)