### Education Ordinance 《教育條例》

58B. Application for permission to continue to employ serving teachers or principals of aided schools
(1) The management committee or incorporated management committee (as may be appropriate) of an aided school may make an application in writing to the Permanent Secretary for permission to continue to employ a teacher of the school as a teacher or the principal of the school as the principal, in either case for a period of not more than one school year, where the teacher or principal— (Amended 3 of 2003 s. 11; 27 of 2004 s. 25)
(a) is otherwise prohibited from continuing to be so employed by virtue of section 58A(1)(b); and
(b) is serving as a teacher or the principal of the school (as the case may be) immediately before the commencement of the period concerned.
(2) As soon as reasonably practicable after the receipt of an application under subsection (1), the Permanent Secretary shall, subject to subsection (3), determine the application by— (Amended 3 of 2003 s. 11)
(a) issuing to the management committee or incorporated management committee (as may be appropriate) of the school concerned permission in writing to continue to employ the teacher or principal for the period specified in the application or for such other period (being not more than one school year) as the Permanent Secretary thinks fit; or (Amended 3 of 2003 s. 11; 27 of 2004 s. 25)
(b) refusing to issue such permission.
(3) The maximum aggregate period for which permission may be issued under subsection (2)(a) in respect of the teacher or principal shall be 5 consecutive school years.
(Added 21 of 2000 s. 7)

58C. Meaning of school year
For the purposes of sections 58A and 58B, school year (學年) means any period after the first anniversary of the commencement of this section that begins on the first day of September in a year and ends on the last day of August in the following year.

(Added 21 of 2000 s. 7)

59. Appeal Boards Panel
(1) For the purposes of this Part, the Chief Executive shall by notice published in the Gazette appoint—
(a) a panel of persons (the Appeal Boards Panel

### Education Ordinance 《教育條例》

61. Right of appeal to Appeal Board
(1) A person on whom a notice is served under section 60(1) may, within 21 days after the service of the notice, appeal to an Appeal Board against the decision of the Permanent Secretary referred to in the notice, by delivering in duplicate to the secretary of the Appeal Boards Panel a notice of appeal in accordance with subsection (2). (Amended 1 of 2004 s. 6)
(2) Every notice of appeal shall be in writing and shall specify—
(a) the decision of the Permanent Secretary in respect of which the appeal is brought; and
(b) the grounds on which the appeal is brought.
(Amended 3 of 2003 s. 11)

### Education Ordinance 《教育條例》

63. Witnesses and inspections
(1) For the purposes of hearing an appeal, an Appeal Board may— (Amended 1 of 2004 s. 8)
(a) subject to subsection (4), hear and examine witnesses on oath;
(b) subject to subsection (4), summon any person to attend any hearing of the Appeal Board to give evidence or produce any document or other thing in his possession and examine him as a witness or require him to produce any document or other thing in his possession;
(c) order an inspection of any premises;
(d) enter and view any premises.
(2) A summons under subsection (1) shall be in such form as the chairman of the Appeal Boards Panel shall direct and shall be signed by the Chairman (or a Deputy Chairman if the Chairman is absent) and the secretary of the Appeal Boards Panel.
(3) Subject to subsection (4), any person who—
(a) being summoned under subsection (1) to attend any hearing of an Appeal Board to give evidence or to produce any document or other thing in his possession, refuses or neglects to do so; or
(b) being examined under subsection (1) as a witness by or before an Appeal Board, refuses or neglects to answer any question put to him by or with the concurrence of the Appeal Board, or to produce any document or other thing in his possession when required to do so,
shall be guilty of an offence and shall be liable on conviction to a fine at level 3 and to imprisonment for 3 months. (Amended 47 of 1990 s. 5; L.N. 205 of 2000)
(4) Every person who appears as a witness before an Appeal Board shall be entitled to the same privileges in respect of the giving of evidence and the production of any document and other thing as he would be entitled to if appearing as a witness in civil proceedings before the Court of First Instance. (Amended 25 of 1998 s. 2)
(5) Any person who—
(a) behaves in an insulting manner or uses any threatening or insulting expression to or in the presence of an Appeal Board; or
(b) wilfully disrupts the proceedings of an Appeal Board,
shall be guilty of an offence and shall be liable on conviction to a fine at level 3 and to imprisonment for 3 months. (Amended 47 of 1990 s. 5; L.N. 205 of 2000)
(Amended 1 of 2004 s. 8)

### Education Ordinance 《教育條例》

64. Decision of Appeal Board
(1) On the hearing of an appeal, an Appeal Board may confirm, reverse or vary the decision of the Permanent Secretary appealed against, and shall state its reasons for its decision.
(2) The secretary of the Appeal Boards Panel shall serve on the appellant and the Permanent Secretary notice in writing of the decision of the Appeal Board together with the reasons of the Appeal Board for its decision.
(Amended 3 of 2003 s. 11; 1 of 2004 s. 9)

65. Further right of appeal to Chief Executive in Council
The Permanent Secretary or the appellant may within 14 days after being served under section 64(2) with a notice of the decision of an Appeal Board appeal by way of petition to the Chief Executive in Council.
(Amended 55 of 2000 s. 3; 3 of 2003 s. 11; 1 of 2004 s. 10)

### Education Ordinance 《教育條例》

67. Permanent Secretary may require interview or further information
If an application is made for—
(a) the registration of a school;
(b) (Repealed 42 of 1993 s. 21)(c) the registration as a manager or a teacher; or (Amended L.N. 28 of 2013)
(d) the employment of a person as a permitted teacher in a school, (Amended L.N. 28 of 2013)
the Permanent Secretary may require the applicant or the proposed permitted teacher— (Amended 3 of 2003 s. 11)
(i) to attend an interview with such person as the Permanent Secretary may specify; or
(ii) to make any declaration or to supply any further particulars that the Permanent Secretary considers necessary in connexion with the application.
(Amended 3 of 2003 s. 11)

71. Return of invalid certificates and permits
Notwithstanding any other provision in this Ordinance, if—
(a) a school ceases to be registered or provisionally registered;
(b) (Repealed 42 of 1993 s. 23)(c) a person ceases to be registered as a manager or a teacher; or
(d) a person ceases to be a permitted teacher,
every person who has in his possession any certificate or copy of a certificate relating to such registration, provisional registration or, in the case referred to in paragraph (d), the permit to teach or a copy of the permit to teach issued in respect of the permitted teacher, shall within one month after being required to do so by the Permanent Secretary deliver such document to the Permanent Secretary.
(Amended 42 of 1993 s. 23; 3 of 2003 s. 11)