Cap 320 - POST SECONDARY COLLEGES ORDINANCE 1

Chapter: 320 POST SECONDARY COLLEGES ORDINANCE Gazette Number Version Date

Long title 30/06/1997


To provide for the registration and control of certain Post Secondary Colleges and their consequent exemption from
the provisions of the Education Ordinance (Cap 279) and for other matters connected therewith.


[20 May 1960]


(Originally 15 of 1960)

Section: 1 Short title 30/06/1997


This Ordinance may be cited as the Post Secondary Colleges Ordinance.

Section: 2 Interpretation L.N. 130 of 2007 01/07/2007


Remarks:
For the saving and transitional provisions relating to the amendments made by the Resolution of the Legislative
Council (L.N. 130 of 2007), see paragraph (12) of that Resolution.


In this Ordinance, unless the context otherwise requires-

"Board of Governors" (校董會) includes a Board of Trustees where such a body exists in place of a Board of
Governors;

"College" (學院) means a Post Secondary College registered under this Ordinance, and such College should be
known as an Approved Post Secondary College;

"Permanent Secretary" (常任秘書長) means the Permanent Secretary for Education. (Amended 3 of 2003 s. 24;
L.N. 130 of 2007)

(Amended 3 of 2003 s. 24)

Section: 3 Registers 3 of 2003 28/02/2003


For the purposes of this Ordinance the Permanent Secretary shall keep the following registers- (Amended 3 of
2003 s. 25)

(a) a register of Colleges;
(b) a register of members of Boards of Governors;
(c) a register of members of College Councils;
(d) a register of teachers in Colleges.


Section: 4 Requirements for registration 3 of 2003 28/02/2003


A Post Secondary College shall be eligible for registration under section 3 and thereafter to remain on the
register where the Permanent Secretary is satisfied as to- (Amended 3 of 2003 s. 25)

(a) the composition of the Board of Governors, College Council and teaching staff being such as to ensure
satisfactory academic and general standards and conduct;

(b) the constitution, statutes or other instruments which govern the Post Secondary College; (Amended 37
of 1962 s. 2)

(c) the courses offered being suitable in all respects for Post Secondary Colleges meeting a community
need and including major courses extending over at least four years;

(d) the equipment, laboratories, library and general facilities being adequate for the courses offered;
(e) the number, qualifications, remuneration and conditions of service of the Post Secondary College staff;
(f) the premises being adequate for the purposes of a Post Secondary College and being in all ways

suitable and safe for such purposes;



Cap 320 - POST SECONDARY COLLEGES ORDINANCE 2

(g) the conditions as to age and attainments of the students qualifying for admission, the standard of
instruction and the final examination standards;

(h) the number of students being admitted having regard to the maintenance of status and standards,
facilities available and community need;

(i) students being admitted without favour being shown on grounds of race, nationality or religion save
where on the application of the Post Secondary College the Permanent Secretary approves of an
exception in favour of a class of persons holding a particular religious faith; (Amended 3 of 2003 s.
25)

(j) the Post Secondary College being free from affiliation with or control by any government other than
the Government of the Hong Kong Special Administrative Region or any organization outside Hong
Kong or any political group and the students teachers and officers refraining from political propaganda
and from any undesirable political activity and from any other activity whatsoever which the
Permanent Secretary considers inimical to the interests of the College; (Amended 53 of 2000 s. 3; 3 of
2003 s. 25)

(k) adequate provision being made in the Post Secondary College for the encouragement of corporate and
social life and for recreation;

(l) the finances of the Post Secondary College;
(m) the legal status of the Post Secondary College which shall be a corporation unless other arrangements

are made, to the approval of the Permanent Secretary, for the proper discharge of legal obligations and
safeguarding of rights of the College; (Amended 3 of 2003 s. 25)

(n) the College complying in all respects with the provisions of this Ordinance.

Section: 5 Effect of registration 30/06/1997


So long as a College remains registered under section 3 it shall be exempt from the provisions of the Education
Ordinance (Cap 279).

Section: 6 Refusal of registration and cancellation 3 of 2003 28/02/2003


(1) The Permanent Secretary may refuse to register or may cancel the registration of- (Amended 3 of 2003 s.
25)

(a) any Post Secondary College where he is not satisfied in respect of any of the matters specified in
section 4;

(b) any person as a member of a Board of Governors or College Council or as a teacher where it appears
to him that such person is not a fit and proper person to act in that capacity or that such person fails to
comply with the provisions of this Ordinance.

(2) The Permanent Secretary shall cancel the registration of- (Amended 3 of 2003 s. 25)
(a) any College where it appears to him that such College has ceased to function or where the Chairman of

the Board of Governors, on the instructions of the Board of Governors, requests cancellation;
(b) any person from the register of members of Boards of Governors or College Councils or teachers

where such person ceases to act in that capacity.
(3) The Permanent Secretary shall give notice in writing of any refusal to register or of any cancellation to the

Post Secondary College or person concerned. (Amended 3 of 2003 s. 25)
(4) Where the Permanent Secretary refuses to register or cancels a registration under subsection (1) the Post

Secondary College or person concerned may within twenty-one days of the receipt of the notice under subsection (3)
appeal by way of petition to the Chief Executive in Council, and the decision of the Chief Executive in Council shall
be final. (Amended 53 of 2000 s. 3; 3 of 2003 s. 25)

(5) For the purpose of considering a petition and determining the appeal the Chief Executive in Council may
appoint a tribunal to inquire into the matters raised in such petition, and may empower such tribunal to hear evidence
and do all other such things as are necessary for its due inquiry. Any tribunal so appointed shall conduct its inquiry in
private and submit a report in writing to the Chief Executive in Council. (Amended 53 of 2000 s. 3)

(6) (a) In addition to the powers of the Permanent Secretary under subsection (1) the Chief Executive in
Council may order the Permanent Secretary to refuse to register or to cancel the registration of any
Post Secondary College or of any person as a member of a Board of Governors or College Council or
as a teacher where it appears to the Chief Executive in Council that the registration or the continued



Cap 320 - POST SECONDARY COLLEGES ORDINANCE 3

registration of such College or person would be prejudicial to the public interest, to the welfare of
students or to education generally. (Amended 3 of 2003 s. 25)

(b) Before making any order under this subsection the Chief Executive in Council shall afford to the Post
Secondary College or person concerned the opportunity to submit any representations in writing which
shall be considered by the Chief Executive in Council. (Amended 53 of 2000 s. 3)


Section: 7 Visits 3 of 2003 28/02/2003


For the purposes of this Ordinance, and for the purpose of ensuring compliance with any conditions attaching to
financial assistance from Government, the Permanent Secretary and any person authorized by him in writing in that
behalf, may visit any College, and shall be afforded all reasonable facilities and information by the College and the
teachers and officers.

(Amended 3 of 2003 s. 25)

Section: 8 Name of College 3 of 2003 28/02/2003


(1) Every College shall be registered under such name in both English and Chinese as may be approved by the
Permanent Secretary, who shall not without the prior sanction of the Chief Executive in Council approve any name
containing the word "University", or the Chinese words "Tai Hok" (大學) or "Hok Yuen" (學院). (Amended 53 of
2000 s. 3; 3 of 2003 s. 25)

(2) No College may use any name other than its registered name.

Section: 9 Evening Colleges 3 of 2003 28/02/2003


(1) Where any Post Secondary College provides courses in the evening of a like nature to those provided in a
College, such Post Secondary College may be required by the Permanent Secretary to include the word "Evening
(夜)" in its name. (Amended 3 of 2003 s. 25)

(2) Every Post Secondary College so required shall be deemed a separate College and shall be required to
register as such, notwithstanding that it is registered as a College in respect of the courses conducted during the day.

Section: 10 Award of degrees, diplomas and certificates 16 of 2001 29/06/2001


A College may-
(a) with the prior approval of the Chief Executive in Council, award degrees; and
(b) award diplomas and certificates.

(Replaced 16 of 2001 s. 2)

Section: 11 Research and special studies 3 of 2003 28/02/2003


Colleges may establish institutes or departments of research or special studies with the approval in writing of the
Permanent Secretary, who in giving his approval shall take into consideration the need for any such institute or
department and the ability of the College to maintain satisfactory standards therein with reference to the adequacy of
the teaching staff, equipment and general facilities.

(Amended 3 of 2003 s. 25)

Section: 12 Regulations 3 of 2003 28/02/2003


(1) The Chief Executive in Council may by regulation provide for- (Amended 53 of 2000 s. 3)
(a) the provisions required to be in college constitutions including provisions relating to the composition

of Boards of Governors, College Councils, Academic Boards and Faculty Boards, the officers and
academic staff with their conditions of service and generally for the administration of the College;

(b) the conduct of the affairs of the College;
(c) forms;
(d) generally for the carrying into effect of the provisions of this Ordinance.



Cap 320 - POST SECONDARY COLLEGES ORDINANCE 4

(2) The Permanent Secretary may exempt any College, officer, teacher or student thereof from any of the
provisions of any regulations made under this section. (Amended 3 of 2003 s. 25)

Section: 13 Conducting courses on general holidays L.N. 18 of 2004 01/04/2004


Notwithstanding anything in the General Holidays Ordinance (Cap 149), a College may conduct educational
courses or give instructions on a general holiday.

(Added 1 of 2004 s. 22)