| To establish The English Schools Foundation, to provide for its incorporation, constitution, functions and matters connected therewith. [17 February 1967] (Originally 11 of 1967) Cap 1117 s 1 Short title This Ordinance may be cited as The English Schools Foundation Ordinance. Cap 1117 s 2 Interpretation (1) In this Ordinance, unless the context otherwise requires- "Chairman" (主席) means the Chairman of the Foundation; "Foundation" (协会) means The English Schools Foundation established and incorporated under section 3; "Principal" (校长) means the headmaster of a school; "regulations" (规例) means the regulations of the Foundation made under section 10 and filed with the Registrar of Companies in accordance with section 13; "school" (学校) means an institution or place which provides or where there is provided for 10 or more persons kindergarten, primary, secondary, post-secondary or further education or other educational course, and in the case of instruction given by means of correspondence delivered by hand or through the postal services, the institution or place where the instruction is prepared or where the work of the pupils is examined. (2) For the purpose of this Ordinance, "good cause" (好的因由), when used with reference to removal from office, membership or place, means inability to perform efficiently the duties of the office, neglect of duty, or such misconduct, whether in an official or a private capacity, as renders the holder unfit to continue in office. Cap 1117 s 3 Incorporation of the English Schools Foundation Remarks: Adaptation amendments retroactively made - see 55 of 2000 s. 3 There is hereby established in Hong Kong a Foundation with the name of "The English Schools Foundation". Subject to section 11, the Foundation shall consist of such members as may be provided by regulations made under section 10. The Foundation shall be a body corporate and shall have perpetual succession and may sue or be sued in that name and shall have and may use a common seal and may from time to time break, change, alter and make anew the said seal as the Foundation may deem fit. (Amended 55 of 2000 s. 3) Cap 1117 s 4 Powers of Foundation Remarks: Adaptation amendments retroactively made - see 55 of 2000 s. 3 (1) The Foundation shall have full power to take by gift or otherwise purchase and hold, grant, demise, mortgage or otherwise dispose of real or personal estate and in addition shall have all other powers conferred by under or by virtue of this Ordinance. (Amended 74 of 1974 s. 3) (2) Subject to the provisions of the Education Ordinance (Cap 279) the Foundation shall have full power to own, manage, administer and operate within Hong Kong schools offering, without regard to race or religion, a modern liberal education through the medium of the English language to boys and girls who are able to benefit from such an education. (Amended 55 of 2000 s. 3) Cap 1117 s 5 Dividends prohibited No dividend or bonus whatsoever shall be paid and no gift or division of money or any property whatsoever shall be made by or on behalf of the Foundation to any of its members or to any of the staff or students of the schools of the Foundation except by way of prize, reward or special grant. Cap 1117 s 6 Manager and Supervisor of the Schools (1) Subject to the approval of the Permanent Secretary for Education and Manpower, the Foundation shall, for the purposes of the Education Ordinance (Cap 279), be registered as the sole manager and supervisor of each of the schools of the Foundation. (Amended 3 of 2003 s. 41) (2) Acting on behalf of the Foundation, the Principal of a school of the Foundation shall conduct all correspondence relating to the administration, management and supervision of such school. Cap 1117 s 7 Foundation, Executive Committee, School Councils, their constitution, powers and duties (1) The Foundation shall establish an Executive Committee and School Councils. The respective constitutions, powers and duties of the Foundation, the Executive Committee and the School Councils shall be as prescribed by this Ordinance. (2) The Foundation shall, subject to the provisions of this Ordinance, be the supreme governing body over the Executive Committee, the School Councils, the schools and any committees established thereunder, and the Executive Committee, the School Councils, the schools and the other committees shall comply with any resolutions which may from time to time be made by the Foundation. (3) The Executive Committee shall be the executive body of the Foundation, shall provide for the custody and use of the common seal, and, subject to the provisions of the Education Ordinance (Cap 279) and of this Ordinance, it shall administer the property and manage the affairs of the Foundation. (4) Subject to the provisions of this Ordinance and to the financial control of the Executive Committee, each School Council shall have the regulation of all matters relating to education within its own school. |
