NON-LOCAL HIGHER AND PROFESSIONAL EDUCATION (REGULATION) ORDINANCE
Gazette Number:
Section:
14
Heading:
Cancellation of registration
Version Date:
30/06/1997
(1) Where a notice is given in accordance with section 13(2)(a) or (b) in respect of a registered course and the period during which representations may be made as regards the proposed cancellation has expired, the Registrar, after considering such representations (if any), if he is satisfied that-
(a) (in the case of a course leading to the award of a non-local higher academic qualification by a non-local institution which mainly operates in a country outside Hong Kong)-
(i) the institution is not a recognized non-local institution; or
(ii) the standard of the course is not maintained at a level comparable with a course conducted in that country leading to the same qualification or is not 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 leading to award of a non-local professional qualification by a non-local professional body which mainly operates in a country outside Hong Kong)-
(i) the course is not recognized by that professional body for the purpose of awarding that qualification or of the claimed purpose referred to in section 2(2)(b)(ii); or
(ii) that professional body is not generally recognized in that country as an authoritative and representative professional body in the relevant profession;
(c) any tuition fee charged for any part of the course is collected before-
(i) the period of 3 months; or
(ii) the period allowed by the Registrar under section 10(3)(d)(ii) in relation to the course,
as the case may be, before the commencement of that part of the course;
(d) the arrangement for payment and refund of the fee charged for the course fails to-
(i) cater for the operational need of the course; and
(ii) protect the students against financial losses resulting from premature cessation of the course;
(e) a condition imposed under section 12(1) or (2) in respect of the course is not fulfilled;
(f) the requirement of section 18(3), 19(2) or (3), 20(1), 21(3), 22(2)(a) or 36(2) has not been complied with in relation to the course; or
(g) the course has ceased to be conducted,
may cancel the registration of the course.
(2) Where the Registrar cancels the registration of a registered course, he shall-
(a) (except where the registration is cancelled on the ground referred to in subsection (1)(g)) give a notice in writing of the cancellation to-
(i) the designated person of that course requiring him to cause a copy of the notice to be sent to each student of the course; and
(ii) the operator of that course;
(b) (where the registration is cancelled on the ground referred to in subsection (1)(g)) publish a notice of the cancellation-
(i) in English in at least one newspaper in the English language circulating daily in Hong Kong; and
(ii) in Chinese in at least 2 newspapers in the Chinese language circulating daily in Hong Kong; and
(c) (except where the registration is cancelled on the ground referred to in subsection (1)(g)) publish a notice of the notice referred to in paragraph (a)-
(i) in English in at least one newspaper in the English language circulating daily in Hong Kong; and
(ii) in Chinese in at least 2 newspapers in the Chinese language circulating daily in Hong Kong.
(3) A notice given or published by the Registrar under subsection (2)(a) or (b) shall-
(a) state the decision of the Registrar;
(b) state that appeal against the cancellation may be made to the Appeal Board within 1 month after the date of the notice; and
(c) state the date on which the cancellation will, subject to section 16(1), come into effect.