### Education Ordinance 《教育條例》

40AC. Secretary may amend Schedule 3
(1) The Secretary for Education may by notice published in the Gazette amend Schedule 3. (Amended L.N. 130 of 2007)
(2) A school shall not be specified in Schedule 3 unless—
(a) the school is a primary school or secondary school;
(b) the school is neither an aided school nor a DSS school;
(c) the school is a school without IMC;
(d) the school is not operated for the purpose of making profit;
(e) the sponsoring body of the school is not a profit-making organization;
(f) the school receives any subsidy from the Government; and
(g) the school is, in the opinion of the Permanent Secretary, financially sound.

40AD. Incorporated management committee to manage school
When an incorporated management committee has been established in respect of a school, the school shall, subject to section 40AE, be managed by the incorporated management committee.

40AE. Functions of sponsoring body and incorporated management committee
(1) The sponsoring body of a school shall be responsible for—
(a) meeting the cost of furnishing and equipping the new school premises of the school to, where applicable, standards as recommended by the Permanent Secretary;
(b) setting the vision and mission for the school;
(c) maintaining full control of the use of funds and assets owned by it;
(d) deciding the mode of receiving government aid;
(e) ensuring, through the sponsoring body managers, that the mission is carried out;
(f) giving general directions to the incorporated management committee in the formulation of education policies of the school;
(g) overseeing the performance of the incorporated management committee; and
(h) drafting the constitution of the incorporated management committee.
(2) The incorporated management committee of a school shall be responsible for—
(a) formulating education policies of the school in accordance with the vision and mission set by the sponsoring body;
(b) planning and managing financial and human resources available to the school;
(c) accounting to the Permanent Secretary and the sponsoring body for the performance of the school;
(d) ensuring that the mission of the school is carried out;
(e) ensuring that the education of the pupils of the school is promoted in a proper manner; and
(f) school planning and self-improvement of the school.

### Education Ordinance 《教育條例》

40AG. Power of sponsoring body over employment of teaching staff
(1) The sponsoring body of a school which is also the sponsoring body of another school—
(a) may request—
(i) the incorporated management committee of the first-mentioned school to terminate the employment of a person as the principal of the school; and
(ii) the incorporated management committee of the other school to recommend for approval the person to be the principal of the school under section 53 or 57;
(b) may request—
(i) the incorporated management committee of the first-mentioned school to terminate the employment of a person as a teacher of the school; and
(ii) the incorporated management committee of the other school to employ the person as a teacher of the same rank of the school.
(2) A sponsoring body shall not request the taking of any action under subsection (1) unless—
(a) the action is conducive to the professional development of the person concerned;
(b) the action is necessary to avoid or alleviate over-establishment of staff due to a reduction of classes in the school concerned; or
(c) the Permanent Secretary approves the request upon—
(i) an application by the sponsoring body; and
(ii) other good cause being shown to his satisfaction.
(3) An incorporated management committee shall take such action within its lawful authority as is necessary for the compliance with a request made of it under subsection (1).

40AH. Certain property not to vest in incorporated management committee
(1) For the avoidance of doubt, it is declared that no property belonging to and provided by the Government, the sponsoring body or any other person for the operation of a school shall, by reason only of the establishment of the incorporated management committee of the school, become property of the committee.
(2) The incorporated management committee of a school shall hold any subsidy received from the Government in accordance with the code of aid for primary schools, the code of aid for secondary schools or the code of aid for special schools (as may be applicable) as trustee.

40AI. Irregular establishment, etc. do not affect contract
The validity of a contract entered into by an incorporated management committee shall not be affected by any irregularity or defectiveness in—
(a) the election or nomination of any person for registration as manager of the school;
(b) the registration of any manager of the school as such; or
(c) the composition or establishment of the committee.

### Education Ordinance 《教育條例》

40AJ. Supervisor
(1) A school shall have a supervisor.
(2) The supervisor of a school—
(a) must be a manager of the school;
(b) must be—
(i) appointed by the sponsoring body of the school; or
(ii) elected by the managers of the school,
in accordance with the constitution of the incorporated management committee of the school; and
(c) shall hold and vacate office as such in accordance with the constitution.
(3) If the supervisor of a school is unable to perform his functions during a period of not less than 28 days due to absence from Hong Kong or illness—
(a) (in the case of an appointed supervisor) the sponsoring body of the school shall appoint another manager of the school as the acting supervisor to act in the place of the supervisor during the period;
(b) (in the case of an elected supervisor) the other managers shall elect amongst themselves an acting supervisor to act in the place of the supervisor during the period.
(4) The principal or a teacher of the school shall not be the supervisor or act as the supervisor.
(5) The incorporated management committee shall give notice in writing of the assumption of office—
(a) of the first supervisor to the Permanent Secretary within 14 days after its establishment; and
(b) of any subsequent supervisor to the Permanent Secretary within 14 days after his election or appointment.
(6) A notice given under subsection (5) shall contain the English and Chinese names of the supervisor and such other information as the Permanent Secretary may specify.

### Education Ordinance 《教育條例》

40AK. Functions of supervisor
(1) The supervisor of a school shall—
(a) preside over the meetings of the incorporated management committee of the school;
(b) within one month from the happening of any of the following events, give notice of the event to the Permanent Secretary—
(i) any person ceases to be a manager of the school;
(ii) the principal of the school ceases to hold office as such;
(iii) any teacher of the school is employed to teach or commences teaching at the school;
(iv) any teacher of the school ceases to hold office as such; or
(v) there is a change in any particulars furnished under this Ordinance in respect of the tenancy of the school premises;
(c) sign the statement of accounts of the committee;
(d) within one month of—
(i) the receipt or issue of a writ or other originating process (except one issued in proceedings in the Small Claims Tribunal within the meaning of the Small Claims Tribunal Ordinance (Cap. 338) and the Minor Employment Claims Adjudication Board within the meaning of the Minor Employment Claims Adjudication Board Ordinance (Cap. 453)) by the committee; or
(ii) the handing down of the judgment in the proceedings to which such writ or originating process relates,
give notice in writing of the event to the Permanent Secretary; and
(e) perform such functions as may be provided for in the constitution of the committee.
(2) A notice given under subsection (1)(b) in respect of an event shall—
(a) be in writing;
(b) specify the date of the event; and
(c) specify the name and address of the person to whom the notice relates and, if he is a registered or permitted teacher, his registration number or permitted teacher reference number.
(3) A notice required to be given by the incorporated management committee shall be given in the name of and signed by the supervisor.