Cap 493 s 2 Interpretation (NON-LOCAL HIGHER AND PROFESSIONAL EDUCATION (REGULATION) ORDINANCE)

Contents of Section

Chapter:	493	Title:	NON-LOCAL HIGHER AND PROFESSIONAL EDUCATION (REGULATION) ORDINANCE	Gazette Number:	L.N. 90 of 2007
Section:	2	Heading:	Interpretation	Version Date:	01/10/2007

(1) In this Ordinance, unless the context otherwise requires-
"academic community" (學術群體) in relation to a country, means all academic institutions of higher education, organizations or bodies that take part in monitoring, maintaining or accrediting the academic standards of courses of higher education conducted in that country;
"Accreditation Council" (評審局) means the Hong Kong Council for Accreditation of Academic and Vocational Qualifications established by the Hong Kong Council for Accreditation of Academic and Vocational Qualifications Ordinance (Cap 1150); (Amended 6 of 2007 s. 52)
"advertisement" (廣告) includes any notice, poster, circular and document, and any announcement made orally or by means of producing or transmitting light, image or sound;
"Appeal Board" (上訴委員會) means the Non-local Higher and Professional Education Appeal Board constituted under section 26;
"Chairman" (主席) means the Chairman of the Appeal Board appointed under section 26(2);
"country" (國家) includes any state, province or any territorial entity or part which partly comprises the country;
"Deputy Chairman" (副主席) means a Deputy Chairman of the Appeal Board appointed under section 26(2);
"designated person" (指定人士) in relation to a registered course, means the person who has given an undertaking referred to in section 10(1)(c)(iii) or 36(2) or (4) in respect of the course and has not been replaced under section 36;
"executive head" (行政主管), in relation to a local institution of higher education, means the person specified opposite to the institution in column 3 of Schedule 1 and includes any person duly authorized to act in his capacity;
"exempted course" (獲豁免課程) means an exempted course within the meaning of section 8;
"function" (職能) includes power and duty, and performance of a function includes exercise of a power and discharge of a duty;
"higher academic qualification" (高等學術資格) means any sub-degree, degree or postgraduate qualification or other academic award or title which is at or beyond the level of post secondary education within the meaning of the Education Ordinance (Cap 279);
"higher education" (高等教育) means education which is generally provided to students who have had received secondary education within the meaning of the Education Ordinance (Cap 279);
"identity card" (身分證) means an identity card within the meaning of the Registration of Persons Ordinance (Cap 177);
"inspection officer" (視察主任) means an inspection officer appointed under section 23;
"local institution of higher education" (本地高等教育機構) means an institution specified in column 2 of Schedule 1;
"non-local institution" (非本地機構) means an institution which is established and mainly operates outside Hong Kong;
"non-local professional body" (非本地專業團體) means a professional body which is established and mainly operates outside Hong Kong;
"operator" (主辦者) in relation to a course of education (whether a regulated course or not), means the person, institution or body which-

(a) is in charge of the conducting of the course in Hong Kong; or

(b) enters into a contract with another person under which the course is offered to that other person,

other than, as regards an exempted course, the local institution of higher education in collaboration with which the course is conducted;

"prescribed fee" (訂明費用) means a fee prescribed in rules made under section 40(1)(e);
"professional qualification" (專業資格) means a qualification in respect of a profession in a discipline specified in Schedule 2 and includes any professional title and membership of a professional body;
"recognized non-local institution" (獲認可非本地機構) means a non-local institution which is recognized by the relevant accreditation authority in the relevant country or, where in the opinion of the Registrar there is no such authority, the academic community in that country, as qualified to award higher academic qualifications which are recognized as such generally by that institution, the academic community and the accreditation authority (if any);
"register" (註冊紀錄冊) means the register kept in accordance with section 7;
"registered course" (經註冊課程) means a course which is for the time being registered under section 10;
"Registrar" (處長) means the Registrar of Non-local Higher and Professional Education Courses;
"regulated course" (受規管課程) means a course of education conducted in Hong Kong consisting of lectures, tutorials, seminars, group discussion sessions, instruction, or dissemination of information or materials or any combination of those elements which leads to the award of any non-local higher academic qualification or non-local professional qualification and includes, where the context admits, a proposed such course;
"relevant accreditation authority" (有關評審當局) in relation to a country, means any person, institution or body which is generally recognized by the academic community in that country as being able to make authoritative assessment and evaluation of and give official recognition to the academic standard of-

(a) institutions awarding higher academic qualifications in that country; and

(b) courses leading to the award of higher academic qualifications;

"telecommunications" (電訊) has the same meaning as in the Telecommunications Ordinance (Cap 106). (Amended 36 of 2000 s. 28)
(2) Subject to subsection (3), for the purposes of this Ordinance-

(a) a course shall be regarded as leading to the award of a non-local higher academic qualification if-

(i) a student of the course may, upon fulfilment of certain conditions, be-

(A) awarded any higher academic qualification by a non-local institution; or

(B) recognized as having fulfilled any condition for the purpose of the award of any higher academic qualification by a non-local institution,

by virtue of his attending or completing the course; or

(ii) the purpose of the course is claimed by the operator of the course to be to prepare a student of the course for any examination, test or other assessment the sitting for, passing or undergoing of which-

(A) will qualify the person who so sits, passes or undergoes for the award of any higher academic qualification by a non-local institution; or

(B) will be recognized as the fulfilment of any condition for the purpose of the award of any higher academic qualification by a non-local institution;

(b) a course shall be regarded as leading to the award of a non-local professional qualification if-

(i) a student of the course may, upon fulfilment of certain conditions, be-

(A) awarded any professional qualification; or

(B) recognized as having fulfilled any condition for the purpose of the award of any professional qualification,

by a non-local professional body by virtue of his attending or completing the course; or

(A) will qualify the person who so sits, passes or undergoes for the award of any professional qualification by a non-local professional body; or

(B) will be recognized as fulfilment of any condition for the purpose of award of any professional qualification by a non-local professional body.

(3) Where upon the completion of a course of education conducted in Hong Kong solely by a local institution of higher education, a student is awarded, by the institution, a qualification which is recognized by a non-local institution or non-local professional body as the fulfilment of any condition for the purposes of the award of a non-local higher academic qualification by that non-local institution or the award of a non-local professional qualification by that professional body, the course shall not be regarded as leading to the award of a non-local higher academic qualification or non-local professional qualification unless the course is conducted solely or mainly for the purpose of the said recognition.
(4) For the purposes of this Ordinance, a course of education shall be regarded as being conducted in Hong Kong if any of the following activities is undertaken in Hong Kong in relation to or for the purpose of the course-

(a) holding of lectures, tutorials, seminars or group discussion sessions or dissemination of information or materials otherwise than for the purpose of inducing or facilitating enrolment in the course;

(b) conducting examinations, tests or other assessments otherwise than for the purpose of assessing the suitability of a person for enrolment in the course or any part of the course.

(5) For the purposes of subsection (4)(a)-

(a) delivery of mail originated in a place outside Hong Kong to a person in Hong Kong;

(b) sale or offer for sale of materials to the general public in the course of business; and

(c) transmission of images, sounds, words or electronic data from a place outside Hong Kong to a recipient in Hong Kong by means of telecommunications, (Amended 36 of 2000 s. 28)

shall not be regarded as dissemination of information or materials.
(6) For the purposes of subsection (4)-

(a) lectures, tutorials, seminars or group discussion sessions shall not be regarded as being conducted in Hong Kong if they are in the form of communication between a person who is not physically present in Hong Kong and participants in Hong Kong by means of telecommunications or by mail;

(b) examinations, tests or other assessments shall not be regarded as being conducted in Hong Kong if they are in the form of communication between a person who is not physically present in Hong Kong and participants in Hong Kong by means of telecommunications or by mail. (Amended 36 of 2000 s. 28)

(7) Where the duration of a regulated course exceeds 3 months-

(a) each month during which the course is conducted; and

(b) the month in which the course commences or ends,

shall, for the purposes of sections 10(3)(d), 13(1)(c) and 14(1)(c), be taken as a part of the course.

(Enacted 1996)