### Education Regulations 《教育規例》

99A. Business or trading operation
(1) No supervisor, manager or management Committee of a school in receipt of public funds shall, without the prior permission in writing of the Permanent Secretary— (3 of 2003 s. 14)
(a) operate or permit to operate on school premises any business or trading undertaking; or
(b) enter into any business or trading arrangement, directly or indirectly, with any person for the supply of food, drinks, books, stationery, uniforms or any other thing that is required by such school to be possessed or used by pupils of the school.
(2) Where permission has been granted for the purposes of paragraph (1), the supervisor of the school shall—
(a) within 4 months after the end of the financial year of the school, or such extended period as may be permitted by the Permanent Secretary, furnish to the Permanent Secretary an annual audited statement of accounts of every such business or trading undertaking, or business or trading arrangement; and (3 of 2003 s. 14)
(b) furnish together with such statement of accounts a statement indicating how the profits have been applied or are intended to be applied.
(3) No supervisor, manager or management committee of a school in receipt of public funds shall apply the profits for any purpose not directly benefiting the pupils of the school without the prior permission in writing of the Permanent Secretary. (3 of 2003 s. 14)
(4) For the purposes of this regulation—
profits (利潤) means any profits or net income arising from a business or trading undertaking, or a business or trading arrangement, referred to in paragraph (1);
school in receipt of public funds (接受政府撥款學校) means—
(a) any aided school which is a school without IMC; or (21 of 2000 s. 10; 27 of 2004 s. 63)
(b) any school that is operated by the English Schools Foundation.

(L.N. 213 of 1980)

99B. Restriction on use of profits arising from business or trading arrangement by incorporated management committee
(1) This regulation applies to an IMC school.
(2) The incorporated management committee of a school shall not, without the prior permission in writing by the Permanent Secretary, apply any profits or net income arising from—
(a) any business or trading undertaking operated by or with the permission of the committee on the school premises; or
(b) any business or trading arrangement entered into by the committee, directly or indirectly, with any person for the supply of food, drinks, books, stationery, uniforms or any other thing that is required by the school to be possessed or used by its pupils,
for any purpose not directly benefiting the pupils of the school.
(27 of 2004 s. 64)

### Education Regulations 《教育規例》

100. Copy of Ordinance and regulations
A copy of the Ordinance and these regulations shall be kept in an accessible place in the premises of every school and shall be readily available to all school staff for reference.

### Education Regulations 《教育規例》

102. Penalties
(1) Subject to paragraph (2), any person who is guilty of an offence under these regulations shall be liable on conviction to a fine at level 5 and to imprisonment for one year.
(2) A person who is guilty of an offence under regulation 101(6) or (6AA) by virtue of a contravention of regulation 87(2) shall be liable on conviction to a fine of $250,000 and to imprisonment for one year. (8 of 2001 s. 27; 27 of 2004 s. 66)
(L.N. 205 of 2000)

104. Appeals
The Fourth Schedule shall have effect for the purpose of regulating appeals to an Appeal Board (appointed under Part V of the Ordinance) in respect of regulations specified in that Schedule.
(L.N. 268 of 1990; 1 of 2004 s. 17) 

### Education Ordinance 《教育條例》

1. Short title
This Ordinance may be cited as the Education Ordinance.

### Education Ordinance 《教育條例》

6. Power of Chief Executive to give directions
(1) The Chief Executive may give to the Permanent Secretary and to any other public officer, other than a judge, a district judge, or a magistrate, such directions as he thinks fit with respect to the exercise or performance of their respective functions under this Ordinance, either generally or in any particular case. (Amended 3 of 2003 s. 11)
(2) A person to whom a direction is given by the Chief Executive under subsection (1) shall, in the exercise or performance of his functions under this Ordinance, comply with that direction.
(Amended 55 of 2000 s. 3)

### Education Ordinance 《教育條例》

8. Permanent Secretary to maintain registers
(1) The Permanent Secretary shall maintain— (Amended 3 of 2003 s. 11)
(a) a register of schools, in which shall be entered—
(i) the name of every registered school; and
(ii) the premises which are specified in the certificate of registration of the school;
(b) a register of schools which are provisionally registered, in which shall be entered—
(i) the name of every school which is provisionally registered; and
(ii) the premises which are specified in the certificate of provisional registration of the school;
(c) (Repealed 42 of 1993 s. 5)(d) a register of managers, in which shall be entered—
(i) the name and address of every manager; and
(ii) the registered name and the address of every school of which a person is a manager; (Amended 27 of 2004 ss. 3 & 72)
(da) a register of incorporated management committees, in which shall be entered—
(i) the name of every incorporated management committee; and
(ii) in respect of each incorporated management committee, the name and tenure of office of each manager and the category of manager specified in section 40AL(2) to which he belongs; and (Added 27 of 2004 s. 3)
(e) a register of teachers, in which shall be entered the name of every registered teacher.
(2) Such other particulars as the Permanent Secretary considers necessary may be entered in any register or list referred to in subsection (1). (Amended 3 of 2003 s. 11)
(3) The entries referred to in subsection (1)(da)(i) and (ii) shall be made available in such manner as the Permanent Secretary thinks fit for public inspection to—
(a) enable any member of the public to ascertain whether he is dealing with a manager; and
(b) ensure transparency and accountability of the incorporated management committee. (Added 27 of 2004 s. 3)

### Education Ordinance 《教育條例》

10. Schools to be registered or provisionally registered
(1) Every school shall be registered or provisionally registered.
(2) If an aided school or a DSS school provides evening instruction in addition to other education, there shall be deemed to be a separate school in respect of the evening instruction and such separate school shall also be registered or provisionally registered. (Amended 1 of 2004 s. 3)

11. Application for registration of school
An application for registration of a school shall be—
(a) made to the Permanent Secretary in the specified form; and (Amended 42 of 1993 s. 6; 8 of 2001 s. 4; 3 of 2003 s. 11)
(b) accompanied—
(i) by the documents specified in such form; and
(ii) if the school is to be operated in or in any part of any premises which are not designed and constructed for the purposes of a school, by the additional documents specified in section 12(1).