III. ADMINISTRATION OF AIDED
SCHOOLS
Admission,
Suspension and Expulsion of Pupils
Permanent
Secretary to regulate admission of pupils
43. Admission and
allocation of places to primary schools shall be regulated as the Permanent Secretary
may determine, and as shown in Appendix 1.
44. Except with the
approval of the Permanent Secretary, no pupil shall be allowed to take more
than seven years to complete the six-year course. Provisions relating to promotion and
repetition are shown in Appendix 1.
Permanent
Secretary to regulate suspension and expulsion of pupils
45. Suspension and
expulsion of pupils from an aided school shall be regulated as the Permanent
Secretary may determine, and as shown in Appendix 1.
Permanent
Secretary to prescribe the rate of repetition
46. The Permanent Secretary
may after consultation with the schools councils from time to time prescribe a
maximum rate of repetition either generally or at particular education levels.
Schools
to accept teaching practice arrangements
47. Schools should
co-operate, whenever possible, in the training of teachers by accepting for
teaching practice student teachers undergoing training from the Hong Kong
Institute of Education and the local universities. Consultation with the institutions
concerned should be arranged prior to the placement of student teachers.
Use
of School Premises
48. (a) The premises of an aided
school shall be used only for the approved activities of such school, except as
may be permitted in writing by the Permanent Secretary.
(b) Classrooms and ancillary
facilities should be made available at the request of the Permanent Secretary
for the operation of evening courses run by the non-profit-making school
operators commissioned by the Education Bureau. In making his requests, the Permanent
Secretary will take into consideration any special difficulties and existing
commitments and will fully consult the school authorities concerned. In this connection, schools concerned
may charge appropriate remuneration in respect of hire charges and electricity
charges.
Appointment and
Dismissal of Staff
Permanent
Secretary to be notified of appointment and dismissal of staff
49. (a) Appointment and dismissal of
staff shall be in accordance with regulations 76, 77 and 78 of the Education
Regulations, in conformity with this Code of Aid and in accordance with such
instructions as the Permanent Secretary may from time to time issue.
(b) All appointments,
resignations and dismissal shall be promptly notified to the Permanent
Secretary. Such notification shall
be in writing, stating the effective dates and indicating, where applicable,
the period of notice given. Schools
should issue to staff leaving the employment a document certifying the
particulars of his/ her employment including, wherever applicable, the monthly
salary, salary point, incremental date and leave balance.
(c) For the purpose of processing
applications from teachers for withdrawal of provident fund, the School
Management Committee shall also inform the Permanent Secretary when a teacher –
(i)
is compulsorily
retired, or dismissed or the contract is terminated (on completion or
otherwise); or
(ii)
retires voluntarily,
resigns, or terminates the contract (on completion or otherwise), in order to
avoid compulsory retirement, dismissal, or contract termination, on account of
professional misconduct or being convicted of an offence.
50. (a) The School Management
Committee may approve the appointment of staff paid out of the Salaries Grant
in accordance with the provisions of this Code of Aid and any requirements the
Permanent Secretary may determine, except for the following staff whose appointment
shall be subject to the approval of the Permanent Secretary-
(i)
school head;
(ii)
direct
appointment of staff (excluding educational psychologists) to promotion ranks;
(iii)
registered
teachers by merit of ten-year recognised teaching experience;
(iv)
unqualified teachers;
(v)
staff above the
age of sixty; and
(vi)
temporary
Native-speaking English Teachers.
(b) The School Head shall check
the eligibility of a person for appointment in accordance with the requirements
of this Code of Aid and the relevant circulars issued by the Permanent
Secretary. Schools shall be
responsible for assessing the salaries of staff. The School Head shall verify the salary
assessment and inform the Permanent Secretary of the salary particulars of
staff paid out of the Salaries Grant in the prescribed form for grant purposes.
(updated on 1 November 2012)
Teachers
and other staff to be medically examined
51. (a) All teachers (other than
supply teachers),
educational psychologists, school-based speech therapists and Primary School Assistant Social
Work Officers shall, before appointment, undergo
a medical examination including a chest X-ray examination by a registered
medical practitioner. (updated
on 1 September 2019)
(b) Serving registered teachers
on transfer from one aided school to another without break of service will not
be required to attend an X-ray examination or present a medical certificate on
appointment.
(c) The School Management Committee may
exempt the following employees from pre-employment X–ray examination
(i) Staff members who can show
that they have undergone a chest X-ray examination not more than twelve months
before their dates of appointment. The X-ray should not show signs of active
tuberculosis.
(ii) Staff members in possession
of a certificate from a registered medical practitioner, confirming that they
are pregnant. Exemption granted to staff in this category will continue until
the end of their subsequent maternity leave, at which time they should be
instructed to make their own arrangements for X-ray examination.
(d) The purpose of the above
examinations is not to discriminate against any employee or job applicant with
a disability. Employers are advised to note the relevant provisions in the Code
of Practice on Employment issued by the Equal Opportunities Commission.
Head
of school to verify qualifications, experience and date of birth
52. (a) The Head of an aided school
shall inquire into, examine and verify the certificates and testimonials of an
applicant for appointment as a teacher, an educational
psychologist, a school-based speech therapist, a Primary School Assistant Social Work Officer or a school
executive officer, and shall verify any previous
experience claimed by such applicant, making reference for this purpose to the
Head of the school at which such applicant may last have been employed. (updated on 1 September 2019)
(b) The Head of an aided school
shall verify the date of birth of any person employed as a staff in such
school, and shall require such person to produce for inspection the Hong Kong
Identity Card, a birth certificate, statutory declaration or such other
documents as may appear necessary for this purpose. (updated
on 1 November 2012)
(c) Schools shall keep all copies
of certificates and testimonials, appointment forms and any other relevant
documents in respect of all staff employed for inspection as and when required.
Qualifications
of teachers,
educational psychologists, school-based speech therapists, Primary School Assistant Social Work Officers and school executive
officers
53. Qualifications required
for eligibility for employment in an aided school as a teacher, an educational
psychologist, a school-based speech therapist, a Primary School Assistant Social Work Officer or a school
executive officer are shown in Appendix 4. (updated on 1 September 2019)
Temporary
employment of unqualified persons as Teachers
54. Subject to the approval
of the Permanent Secretary, the School Management Committee may, if a qualified
person is not available to fill a vacancy in the teaching staff establishment,
temporarily employ an unqualified person as a teacher. The salary for such an
unqualified teacher shall be as stated in Appendix 3.
Contract
of service; letter of appointment
55. (a) A teacher shall, on
appointment to an aided school, be furnished with a contract of service and, in
addition, or alternatively, a letter of appointment. Such contract of service or letter of
appointment shall be signed by the Supervisor of the school and shall be
countersigned by the teacher on appointment.
(b) Such contract of service or
letter of appointment shall not be subject to annual renewal, but a school may
make it clear in the contract that, subject to the agreement between the
teacher concerned and the School Management Committee, the contract may be
renewed at regular intervals.
(c) Such contract of service or
letter of appointment shall specify -
(i) The name of
the school and of the employer, this being the School Management Committee or,
if any school has only one manager, that manager;
(ii) the date from which the
appointment is to have effect;
(iii) requirements, if any,
relating to probation;
(iv) the conditions of service
and, if applicable, any specific language proficiency requirements;
(v) the salary to be
paid on commencement of the appointment, and any salary scale relating to the
post, including the annual incremental date;
(vi) whether such teacher is
to contribute to a provident fund; and if so, what such contribution shall be;
(vii) the entitlement of such teacher to
paid sick leave, maternity
leave or paternity
leave; (updated on 1 September 2016)
(viii) conditions of termination of appointment
and the minimum period of notice of termination of the contract to be given by
either party wishing to terminate such contract as specified under Section 57;
(ix) the conditions relating
to payment of salary on the resignation or dismissal of such teacher as specified
under Section 57;
(x) that such teacher
shall act in accordance with the terms of the Education Ordinance and of
subsidiary legislation made under that Ordinance, of this Code of Aid and of
such instructions as the Permanent Secretary may from time to time issue
regarding the conduct of aided schools.
Appointment
to be initially on probation
56. A teacher on first
appointment to an aided school shall serve a probationary period of two years,
after which the employment of such teacher shall be permanent, subject to such
provisions regarding termination of employment as may be contained in such
teacher's contract of service or letter of appointment.
57. (a) The employment of a teacher who
is serving a period of probation shall be terminable by the giving of one
month's notice either by the School Management Committee at which such teacher
is employed, or by the teacher.
(b) The employment of an
unqualified teacher under the terms of Section 54 of this Code of Aid shall be
terminable by the giving of one month's notice either by the School Management
Committee or by the teacher, subject to such provisions regarding termination
of employment as may be contained in such teacher's contract of service of
letter of appointment.
(c) The employment of a teacher
who has satisfactorily completed a probationary period shall be terminable by
the giving of three months' notice in writing by the School Management
Committee or by the teacher.
(d) A teacher employed for a
period of not less than two years as specified in a contract of service or
letter of appointment shall, at least three months before the expiry of such
specified period, inform the School Management Committee whether or not he
wishes to seek a renewal of the contract of service. The School Management
Committee school shall similarly, at least three months before the expiry of
such specified period, inform the teacher whether or not it intends to propose
renewal of the contract of service relating to his employment.
(e) A teacher who terminates his
employment without having given such notice of intention so to terminate as may
be required by the terms of this Code of Aid or of the contract of service or
letter of appointment relating to his employment, shall be liable to pay one
month's salary in lieu of notice, to be credited to the school's Salaries Grant
Account. Nevertheless, the School
Management Committee may waive the said payment if the teacher's explanation is
justified and inform the Permanent Secretary of such a waiver and the reasons
thereof.
(f) The School Management
Committee may subject to the provisions of the Employment Ordinance, suspend a
teacher from his normal duties for
a period of not exceeding 14 days under the following circumstances -
(i) in cases
where criminal proceedings of a serious nature have been, or are likely to be
instituted;
(ii) in cases where the
teachers' serious misconduct is under investigation and it would be against the
interest of the school for him to continue to teach in the classroom.
In case of (i), where the criminal
proceedings are not concluded within 14 days, the period of suspension on half
pay may be extended till the end of such proceedings. The School Management
Committee may decide whether or not to suspend the teacher on half pay and such
payment of salaries shall be subject to the approval of the Permanent
Secretary.
(g) The School Management
Committee shall only dismiss a teacher for good and sufficient reasons (see
Appendices 6 and 7). A teacher
shall be liable to summary dismissal if it appears to the School Management
Committee that he has been convicted of a criminal offence or has committed a
grave breach of duty.
58. The appointment of
educational psychologists, school-based speech therapists, Primary School
Assistant Social Work Officers and school executive officers should follow the
principles outlined in Sections 55-57, where applicable. (updated on 1 September 2019)
Retirement
59. (a) The Head, teachers, educational
psychologists, school-based speech therapists, Primary School Assistant Social
Work Officers and school executive officers shall retire at the end of the
school year in which he reaches the age of sixty. (updated
on 1 September 2019)
(b) Under exceptional
circumstances, the Permanent Secretary may, on the recommendation of the School
Management Committee and subject to the submission of a satisfactory medical
certificate as to fitness, permit the School Head and any teacher, educational
psychologist, school-based speech therapist, Primary School Assistant Social
Work Officer and school executive officer to continue in service for a period
of one school year after the end of that in which he reaches the age of sixty,
and for further periods each of one school year, up to the end of the school
year in which he reaches the age of sixty five. (updated
on 1 September 2019)
(c) All clerical staff of a
school employed from the Salaries Grant in accordance with the approved
establishment and pay scales for these staff shall normally retire at the age
of 60 except in special cases with the approval of the Permanent Secretary.
Promotion and
Regrading
60. (a) Except for promotion to the post of the Head and direct entry to a promotion post which shall be subject to the approval of the Permanent Secretary, the School Management Committee may approve promotion of all staff members and regrading of non-graduate teachers to take up a post of the graduate grade in accordance with the provisions in this Code.
(b) The School Management
Committee is required to put in place fair and open procedures in processing
all cases of promotion and regrading in compliance with any such instructions
as the Permanent Secretary may from time to time issue. The Supervisor shall
inform the Education Bureau in a prescribed form of all cases of promotion and
regrading.
61. The conditions under
which teaching staff and educational psychologists may become eligible for promotion
to a higher rank of appointment are set out in the appointment requirements for
respective ranks at Appendices 4 and 5. A teacher in service who becomes
eligible for appointment to a higher grade by reason of the acquisition of
further qualifications will be considered for appointment to the higher grade. However,
a school may not exceed the overall entitlement in respect of grades and ranks
of appointment as shown at Appendix 2. (updated
on 1 November 2012)
Acting
Appointments
62. The School
Management Committee may approve full-time regular teachers for acting appointments
to approved functional posts when such posts are left vacant arising from
approved leave or wastage for a continuous period of not less than 30
consecutive calendar days. The approved functional posts in aided primary
schools cover posts in the ranks of Head Master/Mistress I, Head
Master/Mistress II, Senior Primary School Master/Mistress and Primary School
Master/Mistress (including Student Guidance Teacher). Arrangements for acting
appointments and allowances are set out in Appendix 3. Such acting allowance
will be treated as salary for provident fund purposes. (updated on 1 September 2019)
Outside
Duties
63. Staff employed
full-time in a school administered under the terms of this Code of Aid shall
not engage in outside duties except with the prior approval of the Supervisor,
who must be satisfied that such duties contribute to the public good and are
not such as to interfere with the efficient performance of the staff’s normal
duties. Records of such approval should be kept by the school. (updated on 1 November 2012)
Provident Fund
64. (a) A teacher who
contributes to the Subsidised Schools Provident Fund is subject to the
provisions of the Subsidised Schools Provident Fund Rules made under the Education
Ordinance. The benefits which a
teacher-contributor may receive from the funds are briefly reproduced from the
Rules in Appendix 13.
(b) A teacher who does not
contribute to the Subsidised Schools Provident Fund, and who contributes to
another provident or superannuation fund approved by the Permanent Secretary
may on submission of original receipts in respect of his contributions to such
funds, receive from the Government a donation in respect of 50% of his
contribution to such funds or 5% of his basic salary in Hong Kong, whichever is
the less.
(c) Temporary teachers
appointed for 60 days or more and new teachers over the age of 55 on first
appointment are required to join the Mandatory Provident Fund scheme.
65. Unless specifically
exempted under the Mandatory Provident Fund Scheme Ordinance or employed for
less than 60 days, all non-teaching staff are required to contribute to a
registered Mandatory Provident Fund Scheme or a scheme registered under the
Occupational Retirement Scheme Ordinance.
School Accounts
66. (a) The Supervisor of an
aided school shall be responsible for keeping proper books of account, which
shall comprise -
(i) cash book for
government grants and cash book for school funds;
(ii) petty cash book for
Government funds and school funds;
(iii) attendance register and register of
fees/subscriptions/ other charges showing inter alia receipt number and
amount of Tong Fai and other charges, if any, against the name of each pupil;
(iv) revenue receipt counterfoil and
Daily Collection Summary in respect of Tong Fai and any other income;
(v) payment vouchers in respect
of all expenditure;
(vi) a register of capital assets;
(vii) a register of non-recurrent grants -
building, and a register of non-recurrent grants - furniture and equipment;
(viii) a general ledger and subsidiary ledgers showing
accounts in respect of all items of recurrent income and expenditure;
(ix) provident fund records for
individual staff;
(x) register of hire of school
accommodation;
(xi) register of donations; and
(xii) stock and sales records for exercise
books, stationery, etc., if necessary.
(b) All books of accounts,
receipts, counterfoils and vouchers shall at all reasonable times be available
for inspection by the Permanent Secretary or officer authorised by him in that
behalf. Records of a permanent nature, e.g., annual accounts, inventories,
records of capital expenditure and Government non-recurrent subsidies, records
in connection with school building funds/donations, etc., shall not be
destroyed without the prior approval of the Permanent Secretary. However, the
following records may be destroyed after a certain period of retention, as
specified below -
(i) Minimum period of
retention - 7 years :
Books of
accounts, i.e., cash books, Ledgers, etc.
All types of
vouchers, bank statements.
(ii) Minimum period of
retention - 2 years :
Quarterly
returns (duplicates), Pay-sheets (duplicates),
Fees
receipts/school attendance registers, Register of hire of school accommodation.
Accounts
not to include provision for depreciation
67. An aided school
shall not make any provision in its accounts for depreciation. Expenditure in respect
of a capital asset shall be debited to the relevant capital asset account and
shall not be debited to an income and expenditure account.
Supervisor
to be responsible for bank account
68. (a) The Supervisor of an aided
school shall keep bank accounts in the name of the school, one of which
accounts shall be kept solely in respect of moneys received from the
Government.
(b) All disbursements shall, as
far as possible, be made by cheque, which shall be signed by the Supervisor
and, where there are two or more registered managers, by one other registered
manager in addition to the Supervisor.
(c) The Supervisor may keep a
reasonable cash balance as specified by the Permanent Secretary from time to
time to meet small payments. Alternatively, a further account could be opened
for this purpose with cheques signed by the Head and the Deputy Head of the
school, duly authorised by the School Management Committee.
School
funds to be kept separate
69. Subscriptions or other
sums received by a school from the Government or other sources shall not, in
any circumstances, be paid into a bank account kept in the name of the
Supervisor or other person or persons, whether or not such person or persons
are members of the School Management Committee or teaching staff, but shall be
paid into the bank account maintained in the name of the school.
70. (a) The Permanent Secretary may
require the Supervisor of an aided school to submit accounts at such times and
in such manner as he may determine.
(b) The accounts of an aided
school shall, unless the Permanent Secretary in writing otherwise permits, be
audited by certified public accountants/public accountants registered under the
Professional Accountants Ordinance; and the audit fee shall be charged against
the school's School and Class Grant account.
(c) The accounting year
covered by the audited accounts shall be from the first day of September of one
year to the thirty-first day of August of the next. Schools which are unable to
prepare their annual accounts on this basis may apply in writing to the
Permanent Secretary for following the traditional financial year basis.
(d) For the purposes of
this Code of Aid, the financial year shall be from the first day of April of
one year to the thirty-first day of March of the next.
Permanent
Secretary may withhold grant if accounts not submitted
71. The Permanent Secretary
may, if a school fails to submit annual accounts or delays the submission of
such accounts without reasonable cause, temporarily withhold payment of such
proportion of grant made monthly to the school as he shall determine.
Subscriptions
(Tong Fai) used for development to be separately accounted for
72. (a) If the Permanent Secretary
has permitted an aided school under the terms of paragraph (b) of Section 14 of
this Code of Aid, to transfer Tong Fai to a fund separately kept by the
sponsoring body for educational development or other purpose, an audited annual
statement of accounts in respect of such fund shall be prepared. The accounting
year, to which such accounts shall refer, shall be from the first day of
September of one year to the thirty-first day of August of the next, except for
financial year basis as approved by the Permanent Secretary.
(b) The Supervisor of such
school, when submitting annual accounts of the school as required by the terms
of Section 70
of this Code of Aid, shall attach thereto the audited accounts in respect of
such fund; and these accounts shall refer to the same period of time as those
of the school, to which they are attached.
Accounts
relating to private section of a school to be kept separately
73. (a) Where the School Management
Committee operates a private section or boarding section which does not receive
financial assistance under this Code of Aid, the accounts of such private
section or boarding section shall be kept separately from those of the aided
section and audited; and shall specify any subvention received from departments
of the Government other than the Education Bureau. The accounting year, to
which such accounts shall refer, shall be from the first day of September of
one year to the thirty-first day of August of the next, except for financial
year basis as approved by the Permanent Secretary.
(b) The Supervisor of an aided
school shall, when submitting accounts, also submit accounts relating to any
private section or boarding section of such school; and these accounts shall
refer to the same period of time as those of the aided school.
Recurrent
grants to be refunded and accounts submitted, if school ceases to be aided
74. The School Management
Committee shall, in the event of that school's ceasing to be an aided school
under the terms of this Code of Aid, forthwith repay to Government any unexpended
portion of recurrent grants made to the school, and submit a full set of duly
audited accounts for the period up to and including the last day of operation
of that school as an aided school.
Outgoing
Supervisor to hand over accounts
75. (a) If at any time for any cause
the Supervisor of an aided school ceases to act as such, he shall hand over all
accounts and records relating to the school, together with any cash belonging
to the school which may be in his charge, to such other person as the Permanent
Secretary may approve as Supervisor, or, pending the Permanent Secretary's
approval of such other person as Supervisor, to the School Management
Committee.
(b) The Supervisor of an aided
school, on ceasing to act as such, shall prepare a certificate listing all
accounts and records relating to the school and any cash belonging to the
school which may have been in his charge. This certificate shall be signed by
the outgoing Supervisor and by either such other person as the Permanent
Secretary may approve as Supervisor, or pending the Permanent Secretary's
approval of such other person as Supervisor, by a majority of the members of the
School Management Committee. A copy of this certificate together with a
certificate prepared by the bank at which the school's accounts are kept, and
showing the state of such accounts on the date at which the outgoing Supervisor
ceased to act as Supervisor, shall be submitted by the School Management
Committee to the Permanent Secretary.
(c) The Permanent Secretary may
require the School Management Committee to submit, in such form and within such
period of time as he shall prescribe, full accounts in respect of the period up
to and including the day on which the outgoing Supervisor ceased to act as
Supervisor.
(d) In the event of the Permanent
Secretary having required such accounts to be submitted, and the School
Management Committee having failed to submit them, the Permanent Secretary may
require the outgoing Supervisor and the members of the School Management
Committee, or such of them as he shall determine, severally or jointly to
refund to the Government such proportion of grants made to the school during
the period in which the outgoing supervisor acted as Supervisor as he shall
assess.
----------