Cap. 261 - Hong Kong Examinations and Assessment Authority Ordinance

To provide for the establishment of the Hong Kong Examinations and Assessment Authority and connected matters. (Amended 23 of 2002 s. 15) [1 August 1977] L.N. 190 of 1977(Format changes—E.R. 2 of 2012) 1. Short title This Ordinance may be cited as the Hong Kong Examinations and Assessment Authority Ordinance.(Amended 23 of 2002 s. 16) 2. Interpretation In this Ordinance, unless the context otherwise requires—Authority (考評局) means The Hong Kong Examinations and Assessment Authority established under section 3; (Amended 23 of 2002 s. 17)specified examinations (指明考試) means the examinations specified in Schedule 1. (Amended 6 of 1993 s. 2) 3. Establishment of Authority (1) The Hong Kong Examinations and Assessment Authority is hereby established. (Amended 23 of 2002 s. 18)(2) The Authority shall consist of such persons as are specified in Schedule 2. (Replaced 6 of 1993 s. 3)(3) The appointment of a member of the Authority under paragraph (b) or (c) of Schedule 2 shall be for a term not exceeding 3 years.(4) On the expiration of his period of appointment or reappointment, as the case may be, any member of the Authority appointed under paragraph (b) or (c) of Schedule 2 shall be eligible for reappointment.(5) (a) The Chief Executive shall appoint 1 member to be Chairman and 1 member to be Deputy Chairman of the Authority, each for a term not exceeding 3 years. (Amended 53 of 2000 s. 3)(b) On the expiration of his period of appointment or reappointment, as the case may be, any member of the Authority appointed to be Chairman or Deputy Chairman under paragraph (a) shall be eligible for reappointment. (Amended 14 of 1987 s. 2)(5A) The function of the Deputy Chairman shall be to act in place of the Chairman whenever the Chairman is absent from Hong Kong or is for any other reason unable to exercise the powers or perform the duties of his office as Chairman or whenever there is a vacancy in the office of Chairman. (Added 14 of 1987 s. 2)(6) A member of the Authority appointed under paragraph (b) or (c) of Schedule 2 may at any time resign his office by notice in writing addressed to the Chief Executive. (Amended 53 of 2000 s. 3)(7) If any member of the Authority appointed under paragraph (b) or (c) of Schedule 2 is absent from Hong Kong or is for any other reason unable to exercise the powers or perform the duties of his office as member, the Chief Executive may appoint another person to be a temporary member in his place during his absence or incapacity. (Amended 53 of 2000 s. 3)(8) If a member has a pecuniary interest, whether direct or indirect, in any contract or proposed contract or in any other matter, and is present at a meeting of the Authority at which the contract or other matter is the subject of consideration, he shall, as soon as practicable after the commencement of the meeting, disclose to the Authority the fact and nature of his interest.(9) Such member shall, if so required by the meeting, withdraw from the meeting while the Authority is considering the contract or matter and in any case shall not vote thereon.(10) A quorum shall be 9 members.(11) Subject to this Ordinance the Authority shall have power to regulate its own procedure.(12) The Chairman of the Authority or in his absence the Deputy Chairman, shall preside at meetings of the Authority, and, in the absence of both the Chairman and the Deputy Chairman, such member shall preside as the members present select. (Replaced 14 of 1987 s. 2)(Amended 6 of 1993 s. 3) 4. Transaction of business by circulation of papers The Authority may transact any of its business by the circulation of papers, and a resolution in writing which is approved in writing by a majority of the members shall be as valid and effectual as if it had been passed at a meeting of the Authority by the votes of the members so approving the resolution. 5. Incorporation The Hong Kong Examinations and Assessment Authority shall be a body corporate with perpetual succession and a common seal and shall be capable of holding and disposing of all kinds of property, of suing and being sued and, subject to this Ordinance, of doing and suffering all such other acts and things as bodies corporate may lawfully do and suffer.(Amended 23 of 2002 s. 19) 6. (Repealed 14 of 1987 s. 3) 7. Powers and duties of the Authority (1) Subject to section 13, the Authority shall have powers to do all such things as are necessary or advantageous and proper in planning and conducting (whether on its own, or jointly with or as agent for other persons and organizations) examinations and assessments in Hong Kong or elsewhere. (Amended 23 of 2002 s. 20; 35 of 2003 s. 2)(1A) Without limiting the generality of subsection (1), the Authority shall for the purposes referred to in that subsection— (Added 35 of 2003 s. 2)(a) conduct the specified examinations;(b) determine the educational requirements necessary for candidates to be eligible to sit specified examinations;(c) make rules to regulate the conduct of candidates sitting specified examinations and the exclusion of candidates from sitting specified examinations for breach of any such rule;(d) approve syllabuses for specified examinations;(e) award certificates to candidates who attain a standard determined by the Authority in specified examinations.(2) Without limiting the generality of subsection (1), the Authority may for the purposes referred to in that subsection— (Amended 35 of 2003 s. 2)(a) appoint such committees as it thinks fit;(b) subject to approval by the Chief Executive under section 10, fix fees to be paid by candidates sitting the specified examinations; (Amended 14 of 1987 s. 4; 53 of 2000 s. 3)(c) conduct any examination or assessment or any category of examinations or assessments, other than specified examinations, as the Chief Executive may approve and make rules to regulate the conduct of candidates taking those examinations or assessments and the exclusion of candidates for breach of any such rule; (Replaced 14 of 1987 s. 4. Amended 53 of 2000 s. 3; 23 of 2002 s. 20)(ca) award certificates to candidates who attain a standard determined by the Authority in any examinations or assessments conducted under paragraph (c); (Added 35 of 2003 s. 2)(d) fix the fees to be paid by candidates taking examinations or assessments conducted under paragraph (c); (Amended 14 of 1987 s. 4; 23 of 2002 s. 20)*(e) appoint, on such terms and conditions of service as it thinks fit, the Secretary General of the Authority and such staff, advisers and consultants as the Authority considers necessary; (Amended 14 of 1987 s. 4; 23 of 2002 s. 20)(f) enter into arrangements with persons, firms or agencies for the supply of services or facilities;(g) enter into arrangements with any educational institution for the use of such institution’s accommodation, personnel, facilities and services for the purpose of conducting examinations or assessments under this Ordinance; (Replaced 14 of 1987 s. 4. Amended 23 of 2002 s. 20)(h) make use of personnel, facilities and services of any department of the Government to any extent which, in the opinion of the Chief Secretary for Administration, will not impair the proper and efficient discharge by such department of its functions; (Amended L.N. 362 of 1997)(i) hold, acquire or lease all kinds of property, whether movable or immovable;(j) sell or otherwise dispose of all kinds of property whether movable or immovable;(k) enter into, assign or accept the assignment of, and vary or rescind any contract or obligation;(l) subject to subsection (3), meet expenditure on any item shown in the approved estimates of expenditure of the Authority, borrow or otherwise raise money on such security as may be necessary, and for that purpose, charge all or any of the property of the Authority;(m) make charges for the use of any facility or service provided by the Authority;(n) delegate—(i) to any member of the Authority;(ii) to any committee of the Authority;(iii) to any member of the staff of the Authority,to the extent provided in the resolution of delegation, any of the powers conferred by this subsection, other than paragraph (b). (Amended 14 of 1987 s. 4)(3) Except with the prior approval of the Financial Secretary, no sum shall be borrowed or otherwise raised under subsection (2)(l) which itself, or together with all other sums previously borrowed or otherwise raised under that subsection and still outstanding, exceeds, or in the aggregate exceeds, 10 per cent of the approved total estimated expenditure for the current financial year. Editorial Note: * For the transitional provision relating to the amendment made by the Statute Law (Miscellaneous Provisions) Ordinance 2002 (23 of 2002), see section 25 of that Ordinance. 8. Amendment of Schedule The Chief Executive in Council may, by order published in the Gazette, amend Schedules 1 and 2.(Replaced 14 of 1987 s. 5. Amended 6 of 1993 s. 4; 53 of 2000 s. 3) 8A. Publication of examination and assessment results The Authority may publish or disclose the results of any examination or assessment conducted by it, in such manner as it thinks fit.(Added 14 of 1987 s. 6. Amended 23 of 2002 s. 21) 9. Resources of the Authority The resources of the Authority shall consist of—(a) the fees paid by candidates sitting the specified examinations or taking examinations or assessments conducted under section 7(2)(c); (Amended 23 of 2002 s. 22)(b) such sums as the Authority may borrow under section 7(2)(l);(c) such subsidies as may be made available from time to time by the Government to assist towards the cost of conducting the specified examinations;(d) payments received under section 7(2)(m) for services rendered by the Authority;(e) such other sums and property as may be received by the Authority in the exercise of its powers and duties. (Added 14 of 1987 s. 7) 10. Programme and estimates (1) The Authority may, from time to time, with the prior approval of the Chief Executive, fix a period to be the financial year of the Authority.(2) In each such financial year, before a date to be appointed by the Chief Executive, the Authority shall submit to the Chief Executive a programme of its proposed activities and estimates of income and expenditure of the Authority for the next financial year. (Amended 14 of 1987 s. 8)(3) The estimates of income submitted under subsection (2) shall include details of the fees which the Authority proposes to charge candidates sitting the specified examinations and a statement of any proposed increase in such fees. (Amended 14 of 1987 s. 8)(4) The Chief Executive shall consider the programme, estimates and proposed fees submitted to him under subsection (2) and may approve or reject them, and, in the case of rejection, may require the Authority to resubmit the programme or estimates or proposed fees, or all or any of them modified in such manner and within such time as the Chief Executive may direct.(5) The Authority may from time to time vary the estimates of income and expenditure approved under subsection (4), excluding the fees payable in respect of the specified examinations, and shall, as soon as practicable, deliver to the Chief Executive details of any variation. (Amended 14 of 1987 s. 8)(6) The Authority shall cause to be published in the Gazette any fees payable in respect of the specified examinations approved under subsection (4) within 28 days of the date upon which it receives notice of such approval.(7) (Repealed 14 of 1987 s. 8)(Amended 53 of 2000 s. 3) 11. Accounts and statements (1) The Authority shall keep such accounts of its transactions as the Director of Accounting Services may require and shall prepare, for each financial year of the Authority, a statement of the accounts of the Authority, which statement shall include an income and expenditure account and balance sheet and shall be signed by the Chairman of the Authority. (Replaced 14 of 1987 s. 9)(2) The signed statement of the accounts of the Authority shall be submitted by the Chairman to an auditor appointed by the Authority with the prior approval of the Chief Executive not later than 6 months following the end of the period to which it relates or by such later date as the Chief Executive may allow. (Amended 53 of 2000 s. 3)(3) The accounts of the Authority and the signed statement of the accounts shall be audited by the appointed auditor, who shall certify such statement subject to such report, if any, as he may think fit.(4) A copy of the signed and audited statement of accounts together with the report, if any, of the appointed auditor and a report by the Authority on its activities during the period covered by the audited accounts, shall be submitted to the Chief Executive and laid on the table of the Legislative Council within 3 months of the receipt by the Authority of the signed and audited statement of accounts from the appointed auditor. (Amended 53 of 2000 s. 3) 12. Administration fee The Financial Secretary may direct that an annual fee, determined by him, to cover the costs of any service provided by the Government shall be charged against the income of the Authority and paid into the general revenue of Hong Kong.(Amended 14 of 1987 s. 10) 12A. Investment of surplus moneys (1) All moneys of the Authority which are not immediately required may be—(a) deposited in Hong Kong currency on fixed term or call deposit or in a savings account, in any authorized institution within the meaning of the Banking Ordinance (Cap. 155);(b) invested in Hong Kong dollar certificates of deposit issued by any authorized institution within the meaning of the Banking Ordinance (Cap. 155); or(c) invested in bonds or other securities issued or guaranteed by the Government. (Amended 94 of 1993 s. 40)(2) In this section, certificate of deposit (存款證) means a certificate of deposit within the meaning of section 2 of the Inland Revenue Ordinance (Cap. 112). (Added 94 of 1993 s. 40)(Added 14 of 1987 s. 11) 13. Power of the Chief Executive to give directions (1) The Chief Executive may give the Authority directions of a general character as to the discharge by the Authority of its functions in relation to matters appearing to the Chief Executive to affect the public interest.(2) The Authority shall, in the exercise or performance of any power or duty under this Ordinance, comply with any directions given by the Chief Executive under subsection (1).(Amended 53 of 2000 s. 3) 14. Authority not servant or agent of the Government The Authority is not the servant or agent of the Government and does not enjoy any status, immunity or privilege of the Government.(Amended 23 of 2002 s. 29) 15. Secrecy (1) Except as may be appropriate for the exercise or performance of any duty or function under this Ordinance or for carrying into effect the provisions of this Ordinance, every person who has been appointed under or who is or has been employed in carrying out or assisting any person to carry out the provisions of this Ordinance—(a) shall preserve and aid in preserving secrecy with regard to all matters coming to his knowledge in the exercise or performance of any duty or function under this Ordinance;(b) shall not communicate any such matter to any person; and(c) shall not suffer or permit any person to have access to any records in the possession, custody or control of any person to whom this subsection applies.(2) Subsection (1) does not apply—(a) to the disclosure of any information authorized to be disclosed or furnished by the Authority; or(b) to the disclosure of information for the purpose of any legal proceedings brought under this Ordinance, or for the purpose of any report of any such proceedings; or(c) to the disclosure of information for the purpose of any investigation by an officer of the Independent Commission Against Corruption or member of the Hong Kong Police Force of any offence or suspected offence under this or any other Ordinance or law of Hong Kong. (Amended L.N. 362 of 1997)(3) Any person who—(a) contravenes subsection (1); or(b) aids, abets, counsels or procures any person to contravene subsection (1),commits an offence and is liable on conviction to a fine at level 4 and to imprisonment for 6 months. (Amended 35 of 2003 s. 3) 16. Impersonation of members or employees of Authority Any person who, by any act or omission and whether or not with intent to procure any advantage or reward, falsely pretends that he is an employee, servant, agent or member of the Authority or aids, abets, counsels or procures any person to so pretend, commits an offence and is liable on conviction to a fine at level 4 and to imprisonment for 6 months.(Amended 35 of 2003 s. 4) Schedule 1 [ss. 2 & 8]Examinations Hong Kong Diploma of Secondary Education Examination.(Replaced 14 of 1987 s. 12. Amended L.N. 396 of 1992; 6 of 1993 s. 5; L.N. 196 of 2007; L.N. 25 of 2012) Schedule 2 [ss. 3 & 8]Members of the Authority The members of the Authority shall be—(a) the following persons—(i) (Repealed L.N. 64 of 2004)(ii)-(iii) (Repealed L.N. 647 of 1994)(iv) (Repealed 23 of 2002 s. 23)(v) the Chairman of the Curriculum Development Council appointed by the Chief Executive, or his representative;(vi) the Executive Director of the Vocational Training Council, or his representative;(vii) the Permanent Secretary for Education, or his representative; (Amended 3 of 2003 s. 23; L.N. 130 of 2007)(viii) the Secretary General of the Authority appointed under section 7(2)(e) of this Ordinance who shall be the chief executive of the Authority; (Amended 23 of 2002 s. 23)(aa) 2 persons nominated by the Heads of Universities Committee; (Added L.N. 64 of 2004)(b) the following persons who shall be appointed by the Chief Executive—(i) (Repealed 3 of 2003 s. 23)(ii) (Repealed L.N. 64 of 2004)(iii) 3 persons who are principals of registered schools providing secondary education within the meaning of the Education Ordinance (Cap. 279); (Amended L.N. 64 of 2004)(iiia) 1 person who is a principal of a registered school providing primary education within the meaning of the Education Ordinance (Cap. 279); (Added L.N. 64 of 2004)(iv) 1 person who is a registered teacher in a registered school providing secondary education within the meaning of the Education Ordinance (Cap. 279); (Amended L.N. 64 of 2004)(v) 2 persons experienced in commerce, industry or a profession in Hong Kong; (Amended L.N. 64 of 2004)(vi) 1 person who is able, in the opinion of the Chief Executive, to represent the interests of parents of pupils in Hong Kong; (Added L.N. 64 of 2004)(c) such other persons, not exceeding 3, as the Chief Executive may appoint.(Added 6 of 1993 s. 6. Amended 53 of 2000 s. 3)