### Education Ordinance 《教育條例》

88. Evidence
In any prosecution for an offence against this Ordinance—
(a) if it is proved that any equipment, materials or documents of an educational nature or suitable for the purposes of a school were found at any place, it shall be presumed until the contrary is proved that a school was being operated at such place;
(b) if it is proved that any person did any act in connexion with the organization or operation of a school, it shall be presumed until the contrary is proved that such person took part in the management of such school; and
(c) if it is proved that any person was in charge of or issued instructions to any person under 21 years of age in any school premises, it shall be presumed until the contrary is proved that the first-mentioned person was teaching in that school.

### Education Ordinance 《教育條例》

90. Powers of police officers to enter premises and remove suspected persons
(1) A magistrate may, if satisfied by information on oath that there is reasonable ground for suspecting that section 72 or section 83(6) has been or is being contravened in respect of any premises or place, issue a search warrant authorizing any police officer named therein to enter at any time such premises or place and to search the premises or place and every person found therein and to remove therefrom any person who is or is reasonably suspected to be contravening section 72 or section 83(6).
(2) A police officer may, if he reasonably suspects that section 72 or section 83(6) has been or is being contravened in respect of any premises or place other than a dwellinghouse—
(a) enter such premises or place without a warrant, if necessary by force;
(b) search such premises or place and every person found therein; and
(c) remove from such premises or place any person found therein who is or is reasonably suspected to be contravening section 72 or section 83(6).
(3) Notwithstanding subsections (1) and (2), no person shall be searched under this section except by a person of the same sex.

### Education Ordinance 《教育條例》

91. Service of notices
(1) Where provision is made in this Ordinance for the Chief Executive in Council or a public officer to serve a notice or to cause a notice to be served on a person, it shall be sufficient service if the notice is served— (Amended 55 of 2000 s. 3)
(a) by causing it to be delivered personally to the person on whom it is to be served;
(b) by causing it to be sent by registered post to the last known address of the person on whom it is to be served;
(c) if the person on whom it is to be served is an owner, manager, management authority, principal, teacher or pupil of a school, by causing it to be sent by registered post to any premises specified in the certificate of registration or provisional registration of the school, or any premises in which the school is operated; or (Amended 27 of 2004 s. 70)
(d) if the person on whom the notice is to be served is an owner, manager, management authority, principal or teacher of a school, by causing the notice to be posted in a conspicuous place upon or in any premises specified in the certificate of registration or provisional registration of the school, or any premises in which the school is operated. (Amended 27 of 2004 s. 70)
(2) Without prejudice to the provisions of subsection (1), where a notice is to be served on a person under section 89, it shall be sufficient service if it is served by causing the notice to be posted in a conspicuous place upon the premises to which it relates.

99. Saving
Notwithstanding the repeal of the Education Ordinance 1952 (Cap. 279, 1964 Ed.), any appointment which has been made under either of the repealed Ordinances and which was in effect immediately prior to the commencement of this Part, shall continue to have effect as if, at the date when it was made, such appointment had been made under this Ordinance.

### Education Ordinance 《教育條例》

100. Transitional provisions regarding approved managers
(1) On the coming into operation* of section 12 of the Education (Amendment) Ordinance 1993 (42 of 1993), all certificates of approval issued to approved managers are null and void.
(2) Notwithstanding the repeal of sections 23 to 26 of this Ordinance by the Education (Amendment) Ordinance 1993 (42 of 1993), where a person’s—
(a) application was refused; or
(b) approval was withdrawn,
by the Director of Education under those sections before their repeal, that person shall not, without the permission in writing of the Permanent Secretary, enter or remain in a school, and a person who contravenes this subsection commits an offence and is liable to the penalties provided under section 87(2). (Amended 3 of 2003 s. 10)
(Replaced 42 of 1993 s. 30) Editorial Note:
* 1 January 1994.

### Subsidized Schools Provident Fund Rules 《津貼學校公積金規則》

1. Citation
These rules may be cited as the Subsidized Schools Provident Fund Rules.

### Subsidized Schools Provident Fund Rules 《津貼學校公積金規則》

3. Establishment of the Fund
(1) There shall be established a fund to be known as the “Subsidized Schools Provident Fund” which shall consist of—
(a) the contributions of contributors as provided in rule 8;
(b) donations from Government as provided in rule 9;
(ba) donations from a DSS school as provided in rule 9A; (L.N. 79 of 2000)
(c) dividends or interest accruing from investments or deposits of the accumulated capital of the Fund; and
(d) any voluntary subscriptions, legacies or other moneys or benefits bequeathed or donated to the Fund.

(2) For the purposes of the Fund the financial year shall be deemed to run from 1 September in any year until 31 August next following.

4. Objects of the Fund
The object of the Fund is to provide, subject to the provisions of these rules, for payments to be made upon resignation, retirement, dismissal or termination of contract to teachers employed in subsidized schools and teachers employed in DSS schools who are contributors, or to their estates in case of death.
(L.N. 88 of 1976; L.N. 79 of 2000)

### Subsidized Schools Provident Fund Rules 《津貼學校公積金規則》

6. Meetings of the Board
(1) Subject to paragraph (1A), the Board shall meet at such times and in such places as the Chairman may determine. (L.N. 88 of 1976)
(1A) An annual general meeting of the members of the Board shall be held not later than 31 August in each year. (L.N. 88 of 1976)
(2) At any meeting of the Board 14 members shall constitute a quorum. (L.N. 88 of 1976; L.N. 260 of 1995)
(3) The validity of any proceedings of the Board shall not be affected by any vacancy among the members thereof or by any defect in the appointment of any member thereto.
(4) All questions coming or arising before any meeting of the Board shall be determined by a majority of the members present and voting thereon.
(5) The Chairman, or Vice-Chairman in the absence of the Chairman, shall preside at any meeting of the Board and shall have an original vote and also, if upon any question the votes shall be equally divided, a casting vote.
(6) The proceedings at any meeting of the Board shall be recorded in the form of minutes maintained by the secretary and entered in a book maintained by the Board for that purpose.
(7) The Board may make standing orders for regulating the procedure to be adopted at its meetings or otherwise in connexion with the conduct of its business.