Education (Amendment)
Ordinance 2004
Major Provisions Introduction
27 September 2004
5,7 & 16 October 2004
Commencement Date
The Education (Amendment)
Ordinance 2004 shall come into
operation on 1 January 2005.
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Establishment of IMC
(Operating Schools)
Aided Schools (Section 40BK)
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The school sponsoring body (SSB) shall submit to
the Permanent Secretary a draft of the constitution
of the incorporated management committee (IMC)
(Section 40BL) and a list of the proposed managers
(Section 40BM) before 1 July 2009.
( Note ： The Legislative Council may, by a resolution
passed after 1 October 2008 but before 1 July 2009,
extend the deadline of submission to 1 July 2011 at the
latest.)
DSS schools or specified schools (Schedule 3)
(Sections 40BJ & 40BK)
 The SSB shall notify the Permanent Secretary in
writing of its intention to establish an IMC and
submit the related documents within 6 months from
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the date of the notice given.
Establishment of IMC
(Planned Aided and DSS Schools)
The scheduled opening date falls
on or after 1 January 2005 (Sections
40BT & 40BU).
Submit the related documents not
later than 6 months before the
scheduled opening date (if the SSB
of a DSS school has notified the
Permanent Secretary in writing of
its intention).
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Composition requirements of
IMC
IMC members include (Section 40AL):
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SSB managers, can reach up to 60% of the total number
of managers (one alternate SSB manager may be
provided) ；
the principal — an ex-officio member；
teacher manager(s) (if there is only one teacher manager,
an alternate teacher manager shall be provided)；
parent manager(s) (if there is only one parent manager,
an alternate parent manager shall be provided)
alumni manager(s)；and
independent manager(s).
( Note：In calculating the maximum number of SSB
managers, all alternate managers shall not be counted.)
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Composition requirements
of IMC
Except voting right, an alternate
manager shall have all functions
and rights of a manager (Section
40AS).
No person shall serve in an IMC
in more than one capacity (Section
40AL).
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Exemption from composition
requirements (Section 40AR)
The first independent manager: register
within one year from the establishment
of the IMC
The first teacher manager of a planned
school: register within one year from the
establishment of the IMC
The first parent manager of a planned
school: register within 3 years from the
establishment of the IMC
The first parent manager of an operating
school: register within 3 months from
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the establishment of the IMC
Functions and Powers of SSB
The SSB is responsible for (Sections 40AE,40AF &
40AG):
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setting the vision and mission for the school ;
drafting the constitution of the IMC ;
giving general directions to the IMC in the
formulation of education policies of the school ;
overseeing the performance of the IMC ;
deciding the mode of receiving government aid ;
issuing guidelines for raising funds and entering
into contracts involving funds other than funds
received from the Government ; and
deploying principals and teachers among
sponsored schools under certain circumstances
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(Section 40AG).
Functions of IMC
IMC is responsible for (Sections 40AD & 40AE) :
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managing the school ;
formulating education policies of the school in
accordance with the vision and mission set by the
SSB ;
accounting to the Permanent Secretary and the SSB
for the performance of the school ;
ensuring that the mission of the school is carried out ;
planning and managing financial and human
resources available to the school ;
ensuring that the education of the pupils is promoted
in a proper manner ; and
school planning and self-improvement of the school.
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Powers of IMC
Powers of IMC include (Section 40AF) :
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act in accordance with the vision and mission and the
general educational policies and principles set by the SSB ;
employ such teaching staff and non-teaching staff as it
thinks fit and determine their terms and conditions of
service ;
use and dispose of its funds and assets ;
open and operate bank accounts and invest its funds ;
borrow money ; solicit and receive donations, and handle
the moneys or property in the capacity of a trustee ;
enter into any contract, agreement or arrangement etc.
Restrictions on the exercise of powers of the
IMC (Section 40AF(3)-(5))
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Constitution of IMC
The constitution shall be approved by the
Permanent Secretary (Section 40AY).
The constitution of IMC shall provide for
the following (Regulation 75A)：
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the number of each category of managers ;
the procedures for nominating or electing
persons for registration as managers ;
the tenure of office of the managers ;
the procedures for the selection of the
principal ; and
meetings and proceedings of the IMC, etc
EMB will provide a sample constitution for
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IMCs.
Amendment to the
Constitution
Amendment to the constitution (Section 40AY)：
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An IMC may, by passing a resolution, amend its
constitution in the manner provided for in the
constitution.
The proposed amendment to the constitution shall
be lodged with the Permanent Secretary and shall
not take effect before the expiry of one month.
If the Permanent Secretary objects to the
amendment, he shall specify the reason for the
objection by notice in writing.
An IMC shall amend the constitution in such a
manner specified by the Permanent Secretary.
SSB/IMC may lodge an appeal against the
decision of the Permanent Secretary on the
vetting of and subsequent amendment to the
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constitution (Section 61).
Assets and Funds (1)
The SSB is responsible for maintaining full control of
the use of funds and assets owned by it ( Section
40AE).
An IMC may use and dispose of the funds and assets
owned by it, and handle funds and assets received
from the Government in the capacity of a trustee
(Section 40AF).
No property belonging to and provided by the
Government, the sponsoring body or any other person
for the operation of a school shall, by reason only of
the establishment of the IMC of the school, become
property of the committee (Section 40AH).
In the execution of a judgment by writ of fieri facias,
the property that is located in the school premises and
used in connection with giving instructions to the
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pupils of the school shall not be seized (Section 40BD).
Assets and Funds (2)
On the cancellation of the registration or
provisional registration of a school (i.e. the IMC is
dissolved), the Permanent Secretary shall (Section
40BE)
 apply the properties owned by the IMC to settle the
outstanding liabilities of the committee in such
manner he considers fair;
 if any property which was donated to the committee
remains, return the property to the donor unless the
donor indicated at the time of the donation that he
did not wish to reclaim the property in the event of
the dissolution of the committee;
 if any property remains, apply the property towards
any purpose which is conducive to education in
Hong Kong.
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Liability of manager and
protection
The general proceedings against a school shall be
brought against the IMC instead of an individual
manager.
A manager shall not incur any civil liability in respect
of anything done or omitted to be done by him in good
faith in the performance or purported performance of
any function of his office as the manager (Section
40BI).
No proceedings shall be brought against a manager of
a school for anything done or omitted to be done by
the IMC unless he has not acted in good faith (Section
40BI).
Unless with the consent or connivance of an individual
manager towards any unlawful behavior, an individual
manager is not held liable to the contravention of
Education Regulations by the IMC (Section 87).
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Supervisor (1)
Must be a manager of the school
but must not be the principal or a
teacher of the school.
Must be appointed by the SSB of
the school or elected by the
managers
of
the
school
in
accordance with the constitution of
the IMC (Section 40AJ).
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Supervisor (2)
Functions of supervisor (Section 40AK):
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preside over the meetings of the IMC.
give notice in writing to the Permanent
Secretary that any manager, principal
or teacher ceases to hold office, or any
teacher is employed.
sign the statement of accounts.
perform such functions as may be
provided for in the constitution of the
IMC……
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Selection of principal
(Section 57A)
Before recommending any person to be the
subsequent principal, the IMC shall appoint a
principal selection committee.
A principal selection committee shall be composed of
representatives of the SSB, managers of the IMC and
(where applicable) such other persons as may be
provided for in the constitution of the IMC.
The SSB or the IMC or both as may be provided for in
the constitution of the IMC shall nominate in an open,
fair and transparent manner suitable candidates for
the principal selection committee to select.
The IMC shall recommend the person selected by the
principal selection committee to the Permanent
Secretary as the principal of the school.
[Special condition：Section 40AG(1)(a)(ii)]
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Teacher, parent and alumni
manager election
(Sections 40AN, 40AO & 40AP)
Teacher, parent and alumni managers shall be
elected.
The recognised associations (parent manager(s) –
recognised parent-teacher association; alumni
manager(s) – recognised alumni association)
shall conduct the elections and nominate the
elected persons for registration as managers.
All teachers/parents of the current pupils have
equal voting right and right of candidature; the
voting shall be conducted by secret ballot.
The election system must be fair, open and
transparent.
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Other points to note for the
nomination of managers
(Sections 40AM,40AP,40AQ & 30)
Managers not to be elected
Nomination for registration as:
Teacher
manager
must
not be
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the principal of the school
Parent
manager
…..
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a teacher of the school
Alumni
manager
…..
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a teacher of the school
Independent
manager
…..
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a teacher, a parent of a
current pupil, an alumnus, or a
member or an employee etc of
the governing body of the SSB
of the school
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Grounds for refusal to register manager
and cancellation of registration of
manager (Sections 30 & 31)
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A bankrupt within the meaning of the
Bankruptcy Ordinance (Cap. 6)
Has previously been convicted of a criminal
offence punishable with imprisonment.
Under the age of 18 years.
Has attained the age of 70 years and fails to
produce a medical certificate.
Has been registered as a manager of 5 or
more schools.
Has been absent without the consent of the
IMC from all meetings of the committee in a
school year.
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Declaration and disclosure of
interests by manager (1)
Make a written declaration at least once in
every 12 months (Section 40BF):
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states the particulars of any pecuniary or other
personal interest, direct or indirect, that he
has in any matter that raises or may raise a
conflict with his duties as a manager; or
States that he has no such interest
Within one month after a change occurs in
any matter stated in a declaration, make
another written declaration.
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Declaration and disclosure of
interests by manager (2)
If a manager has any pecuniary interest or
conflict in a matter that is considered or is to be
considered at a meeting of the IMC, a disclosure
shall be made. Unless the IMC otherwise
determines, the manager shall not take part in
any deliberation or decision with respect to the
matter. (Section 40BG)
The IMC shall keep a register of interests of the
declarations and disclosures made respectively.
The public is permitted to inspect the register of
disclosures with respect to the matter considered
at a meeting of the IMC at any reasonable time.
(Section 40BH)
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Permanent Secretary to
maintain registers
The Permanent Secretary shall
maintain a register of IMCs, in
which shall be entered the name,
tenure of office and category of
each
manager,
for
public
inspection (Section 8).
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Failure to establish IMC
If a school fails to establish an IMC before
the deadline, the Permanent Secretary
may appoint one or more persons to be
the managers of the school. The
manager(s) shall hold office until the term
of office expires or the IMC is established,
whichever is the earlier; and
May cancel the registration of any
manager of the school (Section 40BS).
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Supporting measures (1)
Provide various kinds of guidelines,
such as a sample constitution for IMCs,
the guides on parent, teacher, and
alumni manager election, and a schoolbased management handbook.
Organise training courses for school
managers and those who are interested
to be managers to enhance their
understanding
of
school-based
management
and
the
legal
responsibilities of school managers.
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Supporting measures (2)
Provide voluntary legal services,
such as forming a legal professional
supporting network which may
make use of the internet to provide
professional advice to schools, etc.
Provide IMC Liability
cover for IMC schools.
Insurance
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Thanks!
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