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

18. Advertisements relating to the Qualifications Framework and the Qualifications Register
(1) No person shall publish or cause to be published an advertisement which claims, represents or holds out that a qualification obtainable from a granting body or from the completion of a learning programme is recognized under the Qualifications Framework unless—
(a) all of the following information is contained in the advertisement—
(i) the relevant level of the Qualifications Framework under which the qualification is recognized;
(ii) the registration number assigned by the QR Authority for the entry of the qualification in the Qualifications Register;
(iii) the validity period of the entry; and
(b) at the time of the publication of the advertisement, the information referred to in paragraph (a) and contained in the advertisement corresponds to the information contained in the entry referred to in paragraph (a)(ii).
(2) No person shall publish or cause to be published an advertisement which claims, represents or holds out that a person, school, institution, organization or other body is an appointed assessment agency unless the person, school, institution, organization or body is an appointed assessment agency at the time of the publication of the advertisement.
(3) Any person who contravenes subsection (1) or (2) commits an offence and is liable on conviction to a fine at level 5.
(4) Where a person is charged with an offence under subsection (3), it shall be a defence for the person charged to prove—
(a) that—
(i) he carries on the business of publishing or arranging for the publication of advertisements;
(ii) he received the advertisement for publication in the ordinary course of his business; and
(iii) he published the advertisement in reliance on a statement made to him by the person who caused it to be published to the effect that the publication would not constitute an offence under subsection (3) and it was reasonable for him to rely on the statement; or
(b) that he took all reasonable steps and exercised all due diligence to prevent the commission of the offence.
(5) For the purposes of this section, an advertisement may be constituted by any words, whether written or spoken, or any picture, drawing, visual image, figure or article—
(a) appearing in any publication; or
(b) brought to the notice of the general public or any section of the general public in any other way.
(6) For the purposes of this section, publish (發表) includes broadcast or otherwise disseminate.

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

19. Misleading or false statement, representation or information
(1) A person who, either orally or in writing, makes any statement or representation or furnishes any information to a specified authority in connection with the performance of its functions under this Ordinance which the person knows or reasonably ought to know is misleading or false in a material respect commits an offence and is liable on conviction to a fine at level 5.
(2) In subsection (1), specified authority (指明當局) means—
(a) the Accreditation Authority;
(b) the QR Authority;
(c) a person or an organization with whom the Accreditation Authority jointly performs a function in accordance with section 4(2);
(d) a person or group of persons to whom the performance of a function is delegated under section 4(3);
(e) a person or an organization with whom the QR Authority jointly performs a function in accordance with section 6(2); or
(f) the Appeal Board within the meaning of Part 3.

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

20. Power of entry, search, seize, etc.
(1) Where a warrant has been issued under subsection (2) in respect of any premises, an inspection officer or a police officer may—
(a) at any time, using such force as may be necessary, enter and search such premises;
(b) detain any person found in such premises, during such period as is reasonably required to permit any such search to be carried out, where that person might prejudice the purpose of such search if he were not so detained; and
(c) inspect, seize and detain anything which is or appears to him to be or to contain, or to be likely to be or to contain, evidence of the commission of an offence under this Ordinance.
(2) Where a magistrate is satisfied by information on oath that there are reasonable grounds for believing that—
(a) an offence under this Ordinance is being or has been committed in any premises; or
(b) there is or may be in any premises anything which is or contains, or is likely to be or to contain, evidence of the commission of an offence under this Ordinance,
he may issue a warrant authorizing any inspection officer or police officer to enter such premises.
(3) If an inspection officer or a police officer is requested to produce proof of his authority, he shall not exercise any power conferred by subsection (1) unless he has produced the proof of his authority as requested.
(4) An inspection officer or a police officer may, in the exercise of the powers conferred by subsection (1)—
(a) break open any door of any premises which he is empowered to enter under that subsection; and
(b) remove by force any person or thing obstructing him in the exercise of such powers.
(5) Any person who obstructs an inspection officer or a police officer in the exercise of any power conferred by subsection (1) or (4) commits an offence and is liable on conviction to a fine at level 3.
(6) In this section, inspection officer (視察人員) means any public officer authorized by the Secretary in writing either generally or in any particular case to be an inspection officer for the purposes of this section.

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

21. Determination and approval of fees
(1) The amount of any fee determined under this Ordinance shall not be limited by reference to the amount of administrative or other costs incurred or likely to be incurred in relation to the matter to which such fee relates, and different fees may be determined for the same type of matter in order to provide for particular circumstances or particular cases.
(2) Each of the Accreditation Authority and the QR Authority shall in each year submit to the Secretary for his prior approval—
(a) a statement of its fee charging policy in relation to the exercise of its power and performance of its functions or duties under this Ordinance; and
(b) a schedule of its fees which require approval of the Secretary under this Ordinance.
(3) In approving any fee under this Ordinance, the Secretary may approve the amount of the fee proposed to be charged in relation to the relevant matter or may approve a maximum fee that may be charged in relation to such matter or any type of matter.
(4) Each of the Accreditation Authority and the QR Authority may refund, reduce or waive any fees charged by it under this Ordinance, either generally or in any particular case.

22. Secretary may amend Schedules 1, 2 and 3
(1) The Secretary may by order published in the Gazette amend Schedules 1, 2 and 3.
(2) An order under this section may contain such incidental, consequential, supplemental, transitional or savings provisions as may be necessary or expedient in consequence of the order.

23. Protection of members, employees, etc. of Accreditation Authority or QR Authority, etc.
(1) A member or employee of the Accreditation Authority or the QR Authority or a person delegated under section 4(3), acting in good faith, shall not be personally liable for any act done or default made by—
(a) the Accreditation Authority or the QR Authority, as the case may be; or
(b) any such member, employee or person,
in the exercise or purported exercise of the powers conferred by this Ordinance or in the performance or purported performance of the functions or duties imposed under this Ordinance.
(2) The protection conferred under subsection (1) on any member, employee or other person in respect of any act or default shall not affect any liability of the Accreditation Authority or the QR Authority, as the case may be, for that act or default.

53. (Omitted as spent—E.R. 1 of 2021)