### Education Ordinance 《教育條例》

32. Management committee to manage school

Every school shall be managed by its management committee.

33. Responsibilities of management committee
The management committee of a school shall be responsible for ensuring—
(a) that the school is managed satisfactorily;
(b) that the education of the pupils is promoted in a proper manner; and
(c) that this Ordinance is complied with.

34. Approval of first supervisor of school
Subject to section 35, the Permanent Secretary shall approve as the first supervisor of a school the person who is recommended to be the supervisor by the applicant for registration of the school.
(Amended 3 of 2003 s. 11)

35. Grounds for refusal to approve supervisor
(1) The Permanent Secretary may refuse to approve a person as the supervisor of a school if the Permanent Secretary is not satisfied that the person is a fit and proper person to be the supervisor.
(2) The Permanent Secretary shall not approve a person as the supervisor of a school unless the person is a manager of the school. (Amended 27 of 2004 s. 72)
(Amended 3 of 2003 s. 11)

36. Tenure of office of supervisor
The supervisor of a school shall hold office until—
(a) he ceases to be a manager of the school; (Amended 27 of 2004 s. 72)
(b) he resigns;
(c) the Permanent Secretary withdraws his approval of the supervisor under section 37; or (Amended 3 of 2003 s. 11)
(d) the Permanent Secretary approves another manager of the school as the supervisor under section 38(2). (Amended 3 of 2003 s. 11; 27 of 2004 s. 72)

37. Grounds for withdrawal of approval of supervisor
The Permanent Secretary may withdraw his approval of the supervisor of a school if it appears to the Permanent Secretary that the supervisor— (Amended 3 of 2003 s. 11)
(a) is no longer a fit and proper person to be the supervisor;
(b) is not performing the duties of the supervisor satisfactorily;
(c) has ceased to perform the duties of the supervisor; or
(d) is no longer acceptable as such to the majority of the management committee.

### Education Ordinance 《教育條例》

38. Approval of subsequent supervisors
(1) If in the case of any school which is registered or provisionally registered—
(a) the Permanent Secretary refuses under section 35 to approve a person who has been recommended to be the supervisor;
(b) the supervisor ceases under section 36 to hold office;
(c) there is for any other reason no supervisor;
(d) the supervisor ceases to perform the duties of the supervisor; or
(e) the supervisor is no longer acceptable as such to the majority of the management committee,
the management committee shall within one month recommend for the approval of the Permanent Secretary another manager of the school to be the supervisor. (Amended L.N. 95 of 1993)
(2) Subject to section 35, the Permanent Secretary shall approve as the supervisor of the school the manager who is recommended under subsection (1).
(Amended 3 of 2003 s. 11; 27 of 2004 s. 72)

38A. Approval of acting supervisor
(1) If the supervisor of any school is or is likely to be—
(a) absent from Hong Kong for a period of not less than 28 days; or
(b) unable by reason of his illness to carry out his duties for a period of not less than 28 days,
the management committee shall recommend for the approval of the Permanent Secretary another manager of the school to act as supervisor during the supervisor’s absence or inability to carry out his duties. (Amended L.N. 95 of 1993; 27 of 2004 s. 72)
(2) Subject to subsection (3), the Permanent Secretary shall approve as the acting supervisor of the school the manager who is recommended under subsection (1). (Amended 27 of 2004 s. 72)
(3) The Permanent Secretary may refuse to approve a person as the acting supervisor of a school if the Permanent Secretary is not satisfied that the person is a fit and proper person to be the acting supervisor.
(4) Without prejudice to subsection (5), the approval under subsection (2) shall be for such period as the Permanent Secretary may therein specify.
(5) The Permanent Secretary may at any time and for any reason withdraw his approval under subsection (2).
(6) Section 39 shall apply in relation to an acting supervisor approved under subsection (2) as it applies to a supervisor.
(Added 61 of 1982 s. 3. Amended 3 of 2003 s. 11)

### Education Ordinance 《教育條例》

39. Duties of supervisor
(1) Subject to any other provision in this Ordinance, all correspondence between a school and the Permanent Secretary or any public officer concerning the management of the school shall be conducted on behalf of the school by the supervisor. (Amended 3 of 2003 s. 11)
(2) The supervisor of a school shall within 1 month after the happening of such event give notice in writing to the Permanent Secretary if— (Amended 3 of 2003 s. 11)
(a) any person ceases to be a manager of the school;
(b) the supervisor ceases to perform the duties of the supervisor;
(c) the principal ceases to perform the duties of the principal;
(d) any teacher commences to teach or is employed to teach at the school;
(e) any teacher ceases to teach or ceases to be employed to teach at the school;
(f) the supervisor becomes aware of a change in any particulars furnished under this Ordinance with respect to any landlord or tenant of the premises in which the school is operated.
(3) A notice under subsection (2) shall specify—
(a) the full 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; and (Amended L.N. 162 of 1993)
(b) the date of the event referred to in the notice.

40. Duties of management committee in absence of supervisor
Without prejudice to section 38(1), if at any time there is no supervisor of a school, the duties of the supervisor under this Ordinance shall be performed by the management committee until a supervisor is approved by the Permanent Secretary, and in such case any notice which is to be served or which may be served under this Ordinance on the supervisor may be served on any manager of the school.
(Amended 3 of 2003 s. 11; 27 of 2004 s. 72)

40AA. Application of certain provisions of this Part
Sections 40AD to 40BI apply to IMC schools only.