### Education Ordinance 《教育條例》

40AR. Exemption from composition requirements
(1) The first independent manager of a school may be registered as such at any time within one year from the establishment of the incorporated management committee of the school.
(2) If the incorporated management committee of a school is established under section 40BX—
(a) the first teacher manager of the school shall be nominated for registration as such at any time within one year from the establishment of the committee; and
(b) the first parent manager of a school shall be nominated for registration as such at any time within 3 years from the establishment of the committee.
(3) If the incorporated management committee of a school is established under section 40BN, the first parent manager of the school shall be nominated for registration as such at any time within 3 months from the establishment of the committee.
(4) An incorporated management committee may apply to the Permanent Secretary for exemption from any requirement of this Ordinance on its composition.
(5) An application under subsection (4) shall be made in such manner as the Permanent Secretary may specify.
(6) The Permanent Secretary shall decide an application under subsection (4) by—
(a) where he is satisfied that—
(i) the incorporated management committee has taken all reasonable steps to secure compliance with the requirement; and
(ii) it is reasonable in the circumstances of the case to grant the exemption applied for,
granting the exemption subject to such condition (if any) as he thinks fit; or
(b) where he is not satisfied in the manner prescribed in paragraph (a), refusing to grant the exemption.
(7) If—
(a) an application under this section is pending; or
(b) an exemption has been granted under this section,
the Permanent Secretary shall not take any action under section 22, 31 or 41 in respect of the school concerned only because any requirement on the composition of the incorporated management committee is not complied with.

### Education Ordinance 《教育條例》

40AT. Endorsement of application for registration as manager
If a person is nominated for registration as a manager of a school under this Part and he applies for such registration, his application shall be—
(a) endorsed by the body or person that nominates him; and
(b) (where he is on the list of proposed managers referred to in section 40BM(1)(a) or 40BW(1)(a)) endorsed by the sponsoring body in such manner as the Permanent Secretary may specify.

40AU. Filling of vacancies to maintain full composition
(1) For the purposes of this section, an incorporated management committee fails to maintain its full composition if by reason of any vacancy in the office of a manager, its composition does not comply with the provisions of this Part and its constitution.
(2) The incorporated management committee shall, within three months from the date on which the failure to maintain full composition arises—
(a) ensure that a person qualified to fill the vacancy is nominated for registration as a manager; and
(b) forward to the Permanent Secretary an application by the person for registration as a manager.
(3) The Permanent Secretary may extend the period mentioned in subsection (2) if the incorporated management committee so requests on good grounds within the period.
(4) For the purposes of subsection (2), a person is qualified to fill the vacancy if he is nominated for registration as a manager in the same manner as the manager who ceased to hold the office concerned.

40AV. Parent manager or independent manager ceases to hold office under certain circumstances
(1) If a parent manager ceases to be a parent of a current pupil of the school in a school year, his term of office as a manager shall continue until its expiry or the end of the school year, whichever is the earlier.
(2) If in a school year an independent manager becomes a person referred to in section 40AQ(2)(a), (b) or (d), his term of office as a manager shall continue until its expiry or the end of the school year, whichever is the earlier.

40AW. Resignation, etc. of manager
(1) If a manager—
(a) resigns from his office as a manager in accordance with the constitution of the incorporated management committee; or
(b) passes away,
the committee shall give a written notice of the event to the Permanent Secretary.
(2) If—
(a) the principal of a school ceases to be the principal; or
(b) a teacher manager or alternate teacher manager of a school ceases to be employed in the school,
he shall for the purposes of subsection (1) be deemed to have resigned from his office as a manager in accordance with the constitution of the incorporated management committee of the school.

### Education Ordinance 《教育條例》

40AX. Vacation of office of managers
(1) An incorporated management committee shall, upon receiving a request under subsection (2), (3), (4) or (5), issue a notice in writing to the Permanent Secretary as regards the cancellation of the registration of the manager specified in the request.
(2) If—
(a) the teachers and (where applicable) specialist staff of a school pass a resolution that any teacher manager or alternate teacher manager of the school is not suitable to continue to hold office as such; and
(b) the resolution is passed in a manner which is, as far as reasonably practicable, similar to the manner in which the manager is elected for nomination,
the principal of the school shall make a written request to the incorporated management committee to issue a notice under subsection (1) in respect of the manager.
(3) The recognized parent-teacher association of a school may make a written request to the incorporated management committee to issue a notice under subsection (1) in respect of any parent manager or alternate parent manager of the school specified in the request.
(4) The recognized alumni association of a school may make a written request to the incorporated management committee to issue a notice under subsection (1) in respect of any alumni manager of the school specified in the request.
(5) The sponsoring body of a school may make a written request to the incorporated management committee to issue a notice under subsection (1) in respect of any sponsoring body manager of the school specified in the request.
(6) A request made under subsection (3), (4) or (5) shall not have effect unless it is authorized by a resolution passed by the maker of the request—
(a) on the ground that the manager concerned is not suitable to continue to hold office; and
(b) in a manner which is, as far as reasonably practicable, similar to the manner in which the manager concerned is elected for nomination.
(7) The incorporated management committee of a school may issue a written notice to the Permanent Secretary as regards the cancellation of the registration of any independent manager of the school.
(8) In subsections (3) and (4), a reference to school includes a reference to the A.M. session or P.M. session of a bi-sessional school.