### Education Ordinance 《教育條例》

40CB. An aided IMC school may become a DSS school without IMC
(1) If an IMC school which is an aided school becomes a DSS school, the sponsoring body of the school may apply to the Permanent Secretary for an approval for the school to become a school without IMC.
(2) The Permanent Secretary shall grant an approval applied for if—
(a) all conditions (if any) subject to which the school may become a DSS school have been fulfilled;
(b) a company has been incorporated under the Companies Ordinance (Cap. 622), or under the Companies Ordinance (Cap. 32) as in force at the time of the incorporation, for the purposes of operating the school as stated in its articles of association; (Amended 28 of 2012 ss. 912 & 920)
(c) the company has been designated as a school management company under section 3(2); 
(d) applications have been made under section 28 for the registration of a sufficient number of people as the managers of the DSS school; and
(e) a person has been recommended under section 38 to be the supervisor of the DSS school.
(3) Upon the granting of an approval in relation to a school—
(a) the incorporated management committee shall be dissolved;
(b) the name of the committee shall be removed from the register of incorporated management committees; and 
(c) Schedule 2 has effect in relation to the dissolution of the committee.

### Education Ordinance 《教育條例》

41. Appointment of managers by Permanent Secretary
(1) If it appears to the Permanent Secretary— (Amended 3 of 2003 s. 11)
(a) that a school is not being managed satisfactorily or that the education of the pupils is not being promoted in a proper manner;
(b) that the composition of the management committee of a school is such that the school is not likely to be managed satisfactorily, or is such that the education of the pupils is not likely to be promoted in a proper manner; or
(c) that for any reason a school has no manager, (Added 61 of 1982 s. 4)
he may appoint one or more persons to be managers of the school for such period as he thinks fit. (Amended 61 of 1982 s. 4)
(2) A person who is appointed by the Permanent Secretary under subsection (1) to be a manager of a school— (Amended 3 of 2003 s. 11)
(a) shall be deemed to be registered as a manager of the school under section 29(1); (Amended 42 of 1993 s. 16)
(b) shall perform his functions in accordance with any directions given to him by the Permanent Secretary; and
(c) may enter the school premises at all reasonable times.
(3) Notwithstanding subsections (1) and (2), no person who is appointed by the Permanent Secretary under subsection (1) to be a manager of a school shall participate in any of the profits of the school or shall be liable for any financial obligations incurred by the management committee or incorporated management committee (as may be appropriate) in respect of the operation of the school. (Amended 27 of 2004 s. 18)
(Amended 3 of 2003 s. 11)

42. Teachers to be registered or permitted teachers
(1) No person shall teach in a school unless he is—
(a) a registered teacher; or
(b) a permitted teacher.
(2) No permitted teacher shall teach in a school otherwise than in accordance with the conditions or limitations specified in the permit to teach issued in respect of such teacher.

43. Permanent Secretary may require medical examination of proposed teacher
The Permanent Secretary may, before registering a person as a teacher or issuing a permit to teach in respect of any person, require such person to undergo a medical examination.
(Amended 3 of 2003 s. 11)

### Education Ordinance 《教育條例》

44. Application for registration as a teacher
An application for registration as a teacher shall be—
(a) made to the Permanent Secretary in the specified form; and (Amended 8 of 2001 s. 4; 3 of 2003 s. 11)
(b) accompanied by the documents specified in such form.

45. Registration of teacher
(1) On receiving an application in accordance with section 44, the Permanent Secretary shall make such inquiry as he considers necessary and shall determine the application— (Amended 3 of 2003 s. 11)
(a) by registering the applicant as a teacher; or
(b) by refusing under section 46 to register the applicant as a teacher.
(2) On registering an applicant as a teacher under subsection (1), the Permanent Secretary shall issue to the applicant a certificate of registration in the specified form. (Amended 8 of 2001 s. 4; 3 of 2003 s. 11)

46. Grounds for refusal to register teacher
The Permanent Secretary may refuse to register an applicant as a teacher if it appears to him that the applicant— (Amended 3 of 2003 s. 11)
(a) is not a fit and proper person to be a teacher;
(b) has been convicted of an offence punishable with imprisonment;
(c) is a person in respect of whom a permit to teach has previously been cancelled;
(d) is medically unfit;
(e) does not possess the prescribed qualifications;
(f) has attained the age of 70 years; or
(g) in making or in connexion with any application—
(i) (Repealed 42 of 1993 s. 17)(ii) for registration as a manager or a teacher; or
(iii) to employ a person as a permitted teacher in a school,
has made any statement or furnished any information which is false in any material particular or by reason of the omission of any material particular.

### Education Ordinance 《教育條例》

47. Grounds for cancellation of registration of teacher
The Permanent Secretary may cancel the registration of a teacher— (Amended 3 of 2003 s. 11)
(a) on any ground specified in section 46 which applies to the teacher, whether or not such ground existed at the time when he was registered as a teacher;
(b) if it appears to the Permanent Secretary that the teacher is incompetent;
(c) if the teacher has contravened any provision of this Ordinance;
(d) if it appears to the Permanent Secretary that the teacher has behaved in any manner which, in the opinion of the Permanent Secretary, constitutes professional misconduct; or
(e) if it appears to the Permanent Secretary that the teacher has behaved in any manner which, in the opinion of the Permanent Secretary, is prejudicial to the maintenance of good order and discipline in the school in which the teacher teaches.
(Amended 3 of 2003 s. 11)

48. Circumstances in which application to employ permitted teacher may be made
An application to employ a person as a permitted teacher in a school may only be made if the applicant is of the opinion that no suitable registered teacher is available for employment as a teacher in the school.

49. Application to employ permitted teacher
(1) An application to employ a person as a permitted teacher in a school shall be made to the Permanent Secretary— (Amended 3 of 2003 s. 11)
(a) in the case of a school which is registered or provisionally registered, by the management authority; or (Amended 27 of 2004 s. 70)
(b) in the case of a proposed school, by the applicant for registration of the school.
(2) An application to employ a person as a permitted teacher in a school shall be made in the specified form. (Amended 8 of 2001 s. 4)