### Education Ordinance 《教育條例》

40BH. Register of interests
The incorporated management committee of a school shall—
(a) keep a register of all declarations made under section 40BF;
(b) keep a register of all disclosures made under section 40BG;
(c) permit any inspector of schools to inspect the register kept under paragraph (a) or (b) at any reasonable time to enable the Permanent Secretary to ascertain whether section 40BF or 40BG, as the case may be, is complied with; and
(d) permit the public to inspect the register kept under paragraph (b) at any reasonable time.

40BI. Rights and liability of manager and protection
(1) A manager shall not by virtue of his office as the manager be beneficially interested in any property of the incorporated management committee.
(2) A manager shall not incur any civil liability in respect of anything done or omitted to be done by him in good faith in the performance or purported performance of any function of his office as the manager.
(3) No civil proceedings shall be brought against a manager of a school for anything done or omitted to be done by or on behalf of the incorporated management committee of the school unless he has not acted in good faith in relation to the thing or omission.
(4) The protection conferred under subsection (2) does not in any way affect the liability, if any, of the incorporated management committee for the act or omission of the manager in the performance or purported performance of the relevant function.

40BJ. Establishment of incorporated management committee in respect of operating DSS school or specified school
The sponsoring body of—
(a) a DSS school which—
(i) is a school without IMC; and
(ii) has commenced operation (whether or not before 1 January 2005); or
(b) a specified school,
may notify the Permanent Secretary in writing of its intention to establish an incorporated management committee in respect of the school.
(Amended E.R. 2 of 2014)

### Education Ordinance 《教育條例》

40BK. Submission for the purpose of establishment of incorporated management committee in respect of operating school
(1) This section applies to—
(a) an aided school which—
(i) is a school without IMC; and
(ii) has commenced operation before 1 January 2005;
(b) a DSS school in respect of which a notice has been given under section 40BJ; and
(c) a specified school in respect of which a notice has been given under section 40BJ.
(2) The sponsoring body of a school shall submit to the Permanent Secretary a draft of the constitution of the proposed incorporated management committee.
(3) A submission made under subsection (2) shall be made—
(a) in the case of an aided school, by 1 July 2011; (Amended L.N. 112 of 2009)
(b) in the case of a DSS school or specified school, within 6 months from the date of the notice given under section 40BJ in respect of the school.
(4) The sponsoring body shall provide to the Permanent Secretary such further information relating to the submission as he may reasonably require for the purpose of enabling him to exercise his power under section 40BL or 40BM.
(5) The Legislative Council may, by a resolution passed after 1 October 2008 but before 1 July 2009, amend subsection (3)(a) by repealing “1 July 2009” and substituting a date after 1 July 2009 but before 2 July 2011.

40BL. Approval of draft constitution
The Permanent Secretary shall approve or refuse to approve a draft of a constitution submitted under section 40BK(2) in accordance with any regulation made under section 84 for the purposes of this section.

40BM. Approval of list of proposed managers
(1) Upon the approval of the draft constitution by the Permanent Secretary, the sponsoring body shall submit to the Permanent Secretary—
(a) a list of the proposed managers of the school; and
(b) an application by each proposed manager for registration as a manager of the school that complies with section 28.
(2) The Permanent Secretary shall approve a list of proposed managers submitted under subsection (1) if—
(a) the composition of the proposed incorporated management committee—
(i) complies with this Part; and
(ii) is consistent with the draft of the constitution as approved under section 40BL; and
(b) having regard to the grounds prescribed in section 30, he is satisfied that all the proposed managers are fit for registration as a manager of the school.

### Education Ordinance 《教育條例》

40BN. Incorporation
(1) If the Permanent Secretary approves—
(a) a draft of a constitution under section 40BL; and
(b) a list of proposed managers under section 40BM,
he shall—
(c) register the proposed managers as managers of the school under section 29; and
(d) issue a certificate of incorporation in such form as he may specify.
(2) With effect from the date of incorporation specified in the certificate of incorporation—
(a) the supervisor of the school shall cease to be the supervisor of the school;
(b) all managers of the school who hold office as such immediately before that date shall cease to be managers of the school; and
(c) the incorporated management committee shall be established as a body corporate with perpetual succession.
(3) The incorporated management committee established under subsection (2) shall—
(a) have—
(i) an English name in the form “The Incorporated Management Committee of (the registered English name of the school

40BO. Effect of certificate of incorporation
A certificate of incorporation issued under section 40BN shall be conclusive evidence that the incorporated management committee is duly established under this Ordinance.

40BP. Transitional provisions for establishment of incorporated management committee
(1) Schedule 1 has effect in relation to the establishment of the incorporated management committee of a school which does not have a school management company.
(2) The Secretary for Education may by notice published in the Gazette amend Schedule 1. (Amended L.N. 130 of 2007)