NON-LOCAL HIGHER AND PROFESSIONAL EDUCATION (REGULATION) ORDINANCE
(1) An application for the registration of a course which, but for the operation of section 2(5) or (6), would have fallen within the definition of "regulated course" in section 2(1) by virtue of section 2(4) or a regulated course under this Ordinance shall be-
(a) made by the operator of the course to the Registrar;
(b) made in such form as may be specified by the Registrar; and
(c) accompanied by-
(i) the prescribed fee;
(ii) a sum the amount of which is specified by the Registrar;
(iii) an undertaking given by a person who is-
(A) ordinarily resident in Hong Kong;
(B) the holder of an identity card; and
(C) accepted by the Registrar as a fit person to give such undertaking,
stating that he undertakes to perform in relation to the course the functions imposed on a designated person by this Ordinance; and
(iv) such information or document as may be specified by the Registrar.
(2) Where the Registrar receives an application under subsection (1), he may require the applicant to supply to him such information or document as he shall specify which is reasonably required to enable him to determine the application.
(3) The Registrar may, upon an application under subsection (1) in respect 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 or a non-local professional qualification by a non-local professional body which mainly operates in a country outside Hong Kong, register the course if he is satisfied that-
(a) (in the case of a course purporting to lead to the award of a non-local higher academic qualification)-
(i) the 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)-
(i) the course is recognized by the professional body for the purpose of awarding the qualification or of the claimed purpose referred to in section 2(2)(b)(ii); and
(ii) the professional body is generally recognized in that country as an authoritative and representative professional body in the relevant profession;
(c) the requirements of or under subsections (1) and (2) have been complied with in relation to the course;
(d) it is or will be an express term in the contract between the operator and students that the tuition fee charged for any part of the course shall not be payable before-
(i) the period of 3 months; or
(ii) such other period as the Registrar may in his absolute discretion allow in a particular case,
before the commencement of that part of the course; and
(e) satisfactory arrangements for payment and refund of the fee charged for the course are in place 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.
(4) The Registrar may-
(a) 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 determine an application under subsection (1); and
(b) for such purpose send a copy of the application or any part of it or any information or document received by him pursuant to subsection (1)(c)(iv) or (2) to the Accreditation Council or such person or organization, as the case may be.
(5) Where the Registrar incurs any expenses in obtaining advice under subsection (4) in respect of an application-
(a) the applicant shall be liable to pay to the Registrar a sum of money equal to such expenses;
(b) the Registrar may apply the sum tendered under subsection (1)(c)(ii) in respect of the application towards the payment of such expenses and upon such application-
(i) where such expenses exceed the sum tendered under subsection (1)(c)(ii)-
(A) the applicant shall pay to the Registrar an additional sum equal to the amount of such excess; and
(B) such additional sum, if unpaid under sub-subparagraph (A), shall be recoverable from the applicant as a civil debt;
(ii) where the sum tendered under subsection (1)(c)(ii) exceeds such expenses, the Registrar shall refund the balance to the applicant as soon as practicable after the determination of the application.
(6) Where the Registrar does not incur any expenses in obtaining advice under subsection (4) in respect of an application, he shall refund the sum tendered under subsection (1)(c)(ii) to the applicant as soon as practicable after the determination of the application.
(7) A sum tendered under subsection (1)(c)(ii) shall not bear interest.
(8) Notwithstanding subsection (3), where an applicant fails to comply with subsection (5)(b)(i)(A), the Registrar may refuse his application.
(9) Where the Registrar allows an application for the registration of a course, he-
(a) shall issue a certificate of registration to the operator of the course;
(b) may make-
(i) the application or any part of it; or
(ii) any information or document received by him in relation to the course pursuant to subsection (1)(c)(iv) or (2),
available for inspection by the general public at the office of the Registrar during normal office hours free of charge.
(10) Where the Registrar refuses and application under subsection (1), he shall give a written notice of the refusal to the applicant in which the reason for refusal shall be stated.