### Unsolicited Electronic Messages Ordinance 《非應邀電子訊息條例》

62. Regulations
The Secretary may make regulations—
(a) for the purposes of any provision of this Ordinance that contemplates or authorizes the making of regulations with respect to any matter;
(b) providing for such matters as are necessary for giving full effect to the provisions of this Ordinance; and
(c) generally for carrying out the purposes and provisions of this Ordinance.

63. (Omitted as spent—E.R. 2 of 2012)

### Accreditation of Academic and Vocational Qualifications Ordinance 《學術及職業資歷評審條例》

1. Short title
(Amended E.R. 1 of 2021)(1) This Ordinance may be cited as the Accreditation of Academic and Vocational Qualifications Ordinance.
(2) (Omitted as spent—E.R. 1 of 2021)

### Accreditation of Academic and Vocational Qualifications Ordinance 《學術及職業資歷評審條例》

2. Interpretation
In this Ordinance, unless the context otherwise requires—
Accreditation Authority (評審當局) means the organization or body specified in Part 1 of Schedule 1;
accreditation report (評審報告) means a report produced by the Accreditation Authority under section 5(1);
accreditation test (評審考核) means any assessment, evaluation or other activity to determine—
(a) in relation to an operator, whether the operator is competent to achieve the objectives as claimed by the operator;
(b) in relation to an assessment agency, whether the agency is competent to assess the skills, knowledge or experience acquired by individuals in relation to an industry or a branch of an industry;
(c) in relation to a learning programme, whether the programme meets a standard to achieve the objectives of the programme as claimed by its operator; and
(d) in relation to a qualification, whether the skills, knowledge or experience recognized by the qualification meet a particular standard;

appointed assessment agency (受委評估機構) means an assessment agency appointed or re-appointed by the Secretary under section 8(1)(a) or (b);
assessment agency (評估機構) means a person, school, institution, organization or other body—
(a) the whole or part of the business of which includes the assessment of the skills, knowledge or experience acquired by individuals; and
(b) which grants qualifications recognizing the skills, knowledge or experience acquired by an individual, after an assessment of those skills, knowledge or experience;

granting body (頒授者), in relation to a qualification, means the person, school, institution, organization or other body which grants the qualification;
industry (行業) includes a trade, profession or occupation;
learning programme (進修計劃) means a programme of studies or training defined by a curriculum (which may consist of one or more modules, units, subjects or courses or any combination of those elements) and includes, where the context permits, any proposed programme of such studies or training;
operator (營辦者) means a person, school, institution, organization or other body, the whole or part of the business of which includes the operation of any learning programme or any part of a learning programme;
QR Authority (資歷名冊當局) means the organization or body specified in Part 2 of Schedule 1;
qualification (資歷) includes a recognition of the skills, knowledge or experience acquired by an individual;
Qualifications Framework (資歷架構) means the framework established and maintained by the Secretary under section 3(1);
Qualifications Register (資歷名冊) means the register established by the Secretary under section 3(3);
Secretary (局長) means the Secretary for Education; (Amended L.N. 130 of 2007)
self-accrediting operator (自行評審營辦者) means an operator listed in Schedule 2.

### Accreditation of Academic and Vocational Qualifications Ordinance 《學術及職業資歷評審條例》

3. Establishment of Qualifications Framework and Qualifications Register
(1) The Secretary shall establish and maintain a framework, called the Qualifications Framework, which contains a structure of levels of qualifications.
(2) The Qualifications Framework shall be made available to the public for inspection free of charge at such place and in such form and at such reasonable times as the Secretary may specify.
(3) The Secretary shall establish a register for entering qualifications recognized under the Qualifications Framework.

4. Accreditation Authority
(1) The functions of the Accreditation Authority are—
(a) subject to the direction of the Secretary, to develop and implement the standards and mechanism for academic or vocational qualifications accreditation to underpin the Qualifications Framework; and
(b) to conduct accreditation tests to determine the matters required to be determined by the Accreditation Authority under section 8 and Schedule 3.
(2) The Accreditation Authority may perform the functions under subsection (1) on its own or, subject to the prior approval of the Secretary, jointly with other persons or organizations.
(3) The Accreditation Authority may, in relation to a particular case, delegate the performance of the function under subsection (1)(b) and any powers necessary for such performance to any person or to any group of persons, which may include members of the Accreditation Authority.
(4) The Accreditation Authority may—
(a) subject to the prior approval of the Secretary, determine the fees to be charged for the conduct of accreditation tests and charge such fees;
(b) pay honoraria to a person to whom a function is delegated under subsection (3);
(c) pay the travelling, accommodation or any other expenses reasonably incurred by a person to whom a function is delegated under subsection (3);
(d) publish and distribute such material (including accreditation reports) as the Accreditation Authority thinks fit;
(e) determine the fees to be charged for any material published under paragraph (d) and charge such fees; and
(f) do all things that are necessary for, or incidental or conducive to, the better performance of its functions under this Ordinance.

### Accreditation of Academic and Vocational Qualifications Ordinance 《學術及職業資歷評審條例》

5. Accreditation report
(1) The Accreditation Authority shall, in performing the function under section 4(1)(b) in relation to a particular case and after conducting the relevant accreditation tests, produce a report stating its determination, the validity period of the determination and the conditions or restrictions, if any, subject to which the determination is to have effect.
(2) The Accreditation Authority may vary or withdraw an accreditation report if it is satisfied that—
(a) in any particular case, the report has been produced in reliance on any misleading or false statement, representation or information, either oral or in writing;
(b) in the case of a report on an operator, the operator is no longer competent to achieve the objectives as claimed by the operator;
(c) in the case of a report on an assessment agency, the agency is no longer competent to assess the skills, knowledge or experience acquired by individuals in relation to the relevant industry or branch of industry;
(d) in the case of a report on a learning programme, the programme no longer meets the standard to achieve the objectives of the programme as claimed by its operator; or
(e) in the case of a report on a qualification, the skills, knowledge or experience recognized by the qualification no longer meet the particular standard as determined in the report.
(3) The Accreditation Authority shall, on payment of the fees determined under section 4(4)(a), give a copy of the accreditation report to the relevant operator, assessment agency or granting body.
(4) If the Accreditation Authority decides to vary or withdraw an accreditation report under subsection (2), it shall give notice in writing of the decision to the relevant operator, assessment agency or granting body and shall state in the notice the reason for the decision.

6. QR Authority
(1) The function of the QR Authority is, subject to the direction of the Secretary, to maintain the Qualifications Register as provided for in section 7.
(2) The QR Authority may perform the function under subsection (1) on its own or, subject to the prior approval of the Secretary, jointly with other persons or organizations.
(3) The QR Authority may do all things that are necessary for, or incidental or conducive to, the better performance of its function under this Ordinance.