Contents of Section

Chapter:

279 PDFTitle:EDUCATION ORDINANCEGazette Number:27 of 2004
Section:40BNHeading:IncorporationVersion Date:01/01/2005

(1) If the Permanent Secretary approves-

        (a) a draft of a constitution under section 40BL; and
        (b) a list of proposed managers under section 40BM,
he shall-
        (c) register the proposed managers as managers of the school under section 29; and
        (d) issue a certificate of incorporation in such form as he may specify.
(2) With effect from the date of incorporation specified in the certificate of incorporation-
        (a) the supervisor of the school shall cease to be the supervisor of the school;
        (b) all managers of the school who hold office as such immediately before that date shall cease to be managers of the school; and
        (c) the incorporated management committee shall be established as a body corporate with perpetual succession.
(3) The incorporated management committee established under subsection (2) shall-
        (a) have-
          (i) an English name in the form "The Incorporated Management Committee of (the registered English name of the school)"; and
          (ii) a Chinese name in the form "(the registered Chinese name of the school) 法團校董會";
        (b) be capable of suing and being sued in its name and, subject to this Ordinance, of doing and suffering all such other acts and things as bodies corporate may lawfully do and suffer;
        (c) have a common seal, the affixing of which shall be pursuant to its resolution and be authenticated by the signatures of the supervisor of the school and one other manager authorized by the committee to act for that purpose, either generally or specifically; and
        (d) have a registered office at the address of the premises which are specified in the certificate of registration or certificate of provisional registration of the school.
(4) No compensation is payable by the Government to any person who ceases to be a supervisor or manager by virtue of the operation of this section.
(PART IIIB added 27 of 2004 s. 16)