NON-LOCAL HIGHER AND PROFESSIONAL EDUCATION (REGULATION) ORDINANCE
Gazette Number:
Section:
13
Heading:
Proposal to cancel registration
Version Date:
30/06/1997
(1) Where in relation to a registered course it appears to the Registrar 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 the 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,
the Registrar may issue a proposal to cancel the registration of the course.
(2) Where the Registrar issues a proposal in respect of a registered course under subsection (1), he-
(a) (except where the proposal is issued on the ground referred to in subsection (1)(g)) shall give a notice in writing of the proposal to-
(i) the designated person of that course which notice may require 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 proposal is issued on the ground referred to in subsection (1)(g)) shall publish a notice of the proposal-
(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 proposal is issued on the ground referred to in subsection (1)(g)) may 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 reason for issuing the proposal; and
(b) state that representations as regards the proposed cancellation may be made to the Registrar within such period (being a period of not less than 1 month beginning on the date of the notice) as shall be specified in the notice.
(4) The Registrar may on his own motion or on an application in writing by the operator of the relevant registered course in his absolute discretion-
(a) withdraw a proposal issued under subsection (1); or
(b) extend the period referred to in subsection (3).
(5) Where the Registrar withdraws a proposal under subsection (4)(a), he shall-
(a) publish a notice of the withdrawal in all newspapers in which the notice (if any) relating to the proposal was published under subsection (2)(b) or (c); and
(b) give a notice in writing of the withdrawal to the operator of the course.