### Non-local Higher and Professional Education (Regulation) Ordinance 《非本地高等及專業敎育(規管)條例》

36. Replacement of designated person
(1) Where the Registrar has reason to believe that the designated person of a registered course—
(a) has died;
(b) is incapacitated;
(c) cannot be contacted; or
(d) refuses or neglects to act as such designated person,
he may, by notice in writing given to the operator of the course, require the replacement of the designated person within such period as is specified in the notice (being a period of not less than 1 month beginning on the date of the notice).
(2) Where the Registrar gives a notice under subsection (1) in respect of a registered course, the operator of the course shall within the period specified in the notice lodge with the Registrar a new undertaking described in section 10(1)(c)(iii).
(3) A person who has given an undertaking referred to in section 10(1)(c)(iii) may apply in writing to the Registrar for release from such undertaking.
(4) The Registrar may allow an application under subsection (3) if the application is accompanied by a new undertaking described in section 10(1)(c)(iii).
(5) Where the Registrar receives a new undertaking lodged under subsection (2) or allows an application under subsection (4), the person who gives the new undertaking referred to in subsection (2) or (4) in respect of a registered course shall thenceforth become the designated person of the course.

37. Registrar may require English or Chinese version of certain documents
(1) Where a document given to the Registrar in purported compliance with a requirement of or under this Ordinance is not written in either the English or Chinese language, the Registrar may by notice in writing require the person of whom the requirement was made to send to him within such period as is specified in the notice (being a period of not less than 1 month beginning on the date of the notice) an English or Chinese version of the document as the person may elect.
(2) Any person who fails to comply with a requirement under subsection (1) commits an offence and is liable on conviction to a fine at level 3. 

### Non-local Higher and Professional Education (Regulation) Ordinance 《非本地高等及專業敎育(規管)條例》

38. Notices
(1) A notice required to be given under this Ordinance to a person shall be properly given if—
(a) in case such person is an individual, it is delivered to him or sent by post to him at the address at which he ordinarily resides or carries on business or, if such an address is unknown, at his last known address;
(b) in case such person is a company, it is sent by post to the company’s registered office in Hong Kong;
(c) in case such person is a non-Hong Kong company as defined by section 2(1) of the Companies Ordinance (Cap. 622), it is sent by post to the principal place of business of the company in Hong Kong; (Amended 30 of 2004 s. 3)
(d) in case such person is a body corporate other than a company (whether incorporated or otherwise established in Hong Kong or elsewhere), or an unincorporated body of persons, it is sent by post to any address at which the body transacts business.
(2) For the purposes of subsection (1), every body corporate other than a company and every unincorporated body of persons not being a partnership shall be deemed to transact business at its principal office or place of business.
(3) In subsections (1)(b) and (d) and (2), company (公司) means a company within the meaning of the Companies Ordinance (Cap. 622).
(Amended 28 of 2012 ss. 912 & 920)

39. Liability of directors, etc.
(1) Where an offence under this Ordinance is committed by a corporation and is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any director, manager, secretary, or other similar officer of the corporation (and whether so called or not), or any person who was purporting to act in any such capacity, he as well as the corporation, shall be guilty of the offence and shall be liable to be proceeded against and punished accordingly.
(2) Where an offence under this Ordinance committed by a partner of a partnership is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any other partner of that partnership, that other partner shall be guilty of the offence and shall be liable to be proceeded against and punished accordingly.

### Non-local Higher and Professional Education (Regulation) Ordinance 《非本地高等及專業敎育(規管)條例》

40. Rules
(1) The Secretary for Education may make rules— (Amended L.N. 130 of 2007)
(a) providing for regulation of advertisement relating to regulated courses and courses which, but for the operation of section 2(5) or (6), would have fallen within the definition of regulated course in section 2(1) by virtue of section 2(4);
(b) providing generally for application under section 10 and operation of registered courses;
(c) providing for collection of fees charged for exempted courses or registered courses and refund of such fees in prescribed circumstances;
(d) providing for premises used for the purposes of exempted or registered courses;
(e) prescribing fees for the purposes of this Ordinance;
(f) providing for appeals under Part VI;
(g) generally for the better carrying out of the provisions and objects of this Ordinance.
(2) Rules made under subsection (1) may make different provisions as regards courses of different classes or descriptions.
(3) Any rule made under subsection (1) may provide that contravention thereof shall be an offence and may provide penalties for such offence not exceeding a fine at level 4 and imprisonment for 6 months.
(4) Any fees prescribed in rules made under this section—
(a) may be fixed at levels sufficient to effect the recovery of expenditure incurred or likely to be incurred by the Government in relation to the administration, regulation and control of the matters to which this Ordinance relates;
(b) shall not be limited by reference to the amount of administrative or other costs incurred or likely to be incurred in the provision of any particular service, facility or matter.

41. Amendment of Schedules
The Secretary for Education may by notice published in the Gazette amend any Schedule.
(Amended L.N. 130 of 2007)

42. Transitional
During the period of 6 months after the day appointed under section 1(2), sections 3(1), 34(1), 43 and 44 shall not apply in relation to any regulated course which has commenced before such day.

### Costs in Criminal Cases Ordinance 《刑事案件訟費條例》

1. Short title
(Amended E.R. 6 of 2019)(1) This Ordinance may be cited as the Costs in Criminal Cases Ordinance.
(2) (Omitted as spent—E.R. 6 of 2019)