Cap. 1130 - Vocational Training Council Ordinance

To provide for the establishment, functions and management of a Vocational Training Council and for purposes connected therewith. [26 February 1982] L.N. 65 of 1982(Format changes—E.R. 5 of 2022) Part I Preliminary 1. Short title This Ordinance may be cited as the Vocational Training Council Ordinance. 2. Interpretation In this Ordinance, unless the context otherwise requires—Chairman (主席) and Deputy Chairmen (副主席) mean respectively the Chairman and Deputy Chairmen of the Vocational Training Council appointed under section 8;Council (職訓局) means the Vocational Training Council established by section 4;council committee (職訓局委員會) means a committee established under section 11;Executive Director (執行幹事), Deputy Executive Director (副執行幹事) and Assistant Executive Director (助理執行幹事) mean respectively the Executive Director, a Deputy Executive Director and an Assistant Executive Director of the Council appointed under section 9(1); (Replaced 35 of 1991 s. 2)financial year (財政年度) means the period fixed as the financial year of the Council under section 14(2);functions (職能) includes powers and duties;general committee (一般委員會) means a committee established under section 10;industrial training (工業訓練) means training given or received in the course or for the purpose of employment in industry, but does not include skills training; (Amended 35 of 1991 s. 2)industrial training centre (工業訓練中心) means a place where industrial training is provided by or on behalf of the Council;industry (工業、工業界) includes commerce and services;person with a disability (殘疾人士) means a person whose prospects of securing and retaining open employment are reduced by reason of physical or mental impairment; (Added 35 of 1991 s. 2. Amended 2 of 2005 s. 2)skills centre (技能訓練中心) means any place where skills training is provided by or on behalf of the Council; (Added 35 of 1991 s. 2)skills training (技能訓練) means—(a) training given to persons with a disability in relation to employment skills; or(b) training given to persons with a disability in relation to daily activities and social skills incidental to training referred to in paragraph (a); (Added 35 of 1991 s. 2. Amended 2 of 2005 s. 2)technical college (科技學院) and technical institute (工業學院) mean respectively any technical college or technical institute established, operated or managed by the Council; (Replaced 35 of 1991 s. 2)technical education (工業教育) means education provided by a technical college or technical institute; (Amended 35 of 1991 s. 2)trade (行業) means any trade or occupation in industry;training board (訓練委員會) means a board established under section 10. 3. Application The Education Ordinance (Cap. 279) shall not apply in respect of any technical college, technical institute, industrial training centre or skills centre.(Amended 35 of 1991 s. 3) Part II Vocational Training Council 4. Establishment of the Vocational Training Council (1) There is hereby established a council, to be known as the Vocational Training Council, which shall in that name be a body corporate with perpetual succession and shall be capable of suing and being sued.(2) The Council shall have a common seal, the affixing of which shall be authenticated by the signature of any 2 members of the Council. 5. Objects of the Council The objects of the Council shall be—(a) to advise the Chief Executive on the measures required to ensure a comprehensive system of technical education and industrial training suited to the developing needs of Hong Kong; (Amended 56 of 2000 s. 3)(b) to institute, develop and operate schemes for training operatives, craftsmen, technicians and technologists needed to sustain and improve industry;(c) to promote the training of apprentices; (Replaced 35 of 1991 s. 4)(d) to provide and co-ordinate the provision of skills training to persons with a disability who are aged 15 and over for the purpose of improving their employment prospects and preparing them for open employment; (Added 35 of 1991 s. 4. Amended 2 of 2005 s. 3)(e) to establish, operate and maintain technical colleges, technical institutes, industrial training centres and skills centres. (Added 35 of 1991 s. 4) 6. Functions of the Council (1) The Council shall—(a) consider and report to the Chief Executive on any matter concerning technical education, industrial training or skills training referred to it by the Chief Executive; (Amended 56 of 2000 s. 3)(b) report to the Chief Executive annually or as often as he may direct; (Amended 56 of 2000 s. 3)(c) examine and make recommendations to the Chief Executive on the financial needs of technical colleges, technical institutes, industrial training centres and skills centres; (Amended 56 of 2000 s. 3)(d) operate and maintain any skills centre assigned to it by the Government;(e) keep under review—(i) the needs of industry for trained manpower;(ii) the availability of trained manpower to meet the needs of industry;(iii) the facilities available to train the manpower needed by industry;(iv) the provision by employers of industrial training and apprenticeships; and(v) the adequacy of industrial training provided by employers for trainees and apprentices and the measures to be taken to promote and improve such training;(f) consider and recommend which trades should be specified by the Chief Executive to be designated trades under section 45 of the Apprenticeship Ordinance (Cap. 47); (Amended 56 of 2000 s. 3)(g) consider and approve, if thought fit, recommendations from training boards and general committees for training courses; and(h) provide technical aids and vocational assessment in connection with skills training. (Added 35 of 1991 s. 5)(2) The Council may do all things that are necessary for, or incidental or conducive to, the better carrying out of the objects of the Council and may in particular, but without prejudice to the generality of the foregoing—(a) consult with the Government and with any interested person on any matter pertaining to technical education, industrial training or skills training;(b) conduct or commission research into any aspect of technical education, industrial training or skills training;(c) receive and consider suggestions or proposals for the development of technical education, industrial training and skills training;(d) specify the skills and operations to be taught to persons undergoing industrial training;(e) devise training programmes, examinations and tests for any trade;(f) recommend the minimum standard of education to be attained by persons as a pre-requisite to their undergoing technical education or industrial training;(g) disseminate training materials and information on matters kept under review under subsection (1);(h) establish, operate and maintain technical colleges, technical institutes, industrial training centres and skills centres;(i) provide or approve training courses and other facilities for technical education, industrial training and skills training;(j) help candidates for industrial training and skills training to find suitable training facilities;(k) establish standards of skill to be achieved in any particular trade, conduct examinations and tests in respect of any trade and award certificates of attendance and competence;(l) with the approval of the Chief Secretary for Administration make use of personnel, facilities and services of any department of the Government; (Amended L.N. 362 of 1997)(m) allocate funds of the Council to any person for the purpose of providing any training course approved by the Council other than a training course which that person is responsible for providing under any other Ordinance or is providing in order to meet his own requirements for trained personnel;(n) employ staff and remunerate them;(na) pay to the Government amounts representing the cost of pension benefits payable by the Government pursuant to section 4 of the Pensions (Special Provisions) (Vocational Training Council) Ordinance (Cap. 387) in respect of persons transferred from service under the Government to service under the Council; (Added 55 of 1991 s. 5)(o) engage technical and professional advisers to advise on any matter arising out of or connected with any of the functions of the Council, and remunerate them;(p) pay allowances to persons attending courses provided or approved by the Council;(q) pay allowances to persons partaking in the provision of training courses provided or approved by the Council;(r) pay such expenses as it thinks fit to any member, other than a public officer, of the Council, of a council committee or of a training board or general committee;(s) acquire, hold and lease any property required for the discharge of its functions under this Ordinance and, subject to the terms and condition upon which such property is held, dispose of it;(t) receive funds and donations lawfully given and consistent with its objects under this Ordinance;(u) with the approval of the Financial Secretary borrow or otherwise raise money on such security as may be necessary, and, for that purpose, charge all or any part of the property of the Council;(v) charge fees for any services or the use of any facility provided by the Council; (Amended 2 of 2005 s. 4)(w) enter into any contract in furtherance of its objects or the exercise of its functions; (Amended 2 of 2005 s. 4)(x) enter into a partnership or other form of joint venture with other persons; (Added 2 of 2005 s. 4)(y) acquire, hold and dispose of interests in other corporate bodies and form or take part in forming corporate bodies; (Added 2 of 2005 s. 4)(z) provide for profit or otherwise training or educational programmes, advisory, consultancy, research or other related services; and (Added 2 of 2005 s. 4)(za) make a loan to any person on such terms as it considers appropriate in furtherance of its objects or the exercise of its functions. (Added 2 of 2005 s. 4)(3) Subject to subsection (4), the Council may perform any of its functions under this section in Hong Kong or elsewhere either on its own or through an agent or jointly with or as agent for other person or organization. (Added 2 of 2005 s. 4)(4) If the Council performs any of its functions outside Hong Kong for the training or education of a person (other than an eligible person), no subsidy shall be made available by the Government towards the performance of such functions and no subsidy provided by the Government to the Council shall be used to subsidize the performance of such functions. (Added 2 of 2005 s. 4)(5) For the purposes of subsection (4) and this subsection—eligible person (合資格的人) means a person who—(a) holds an identity card issued under the Registration of Persons Ordinance (Cap. 177); and(b) (i) is not subject to any condition of stay imposed in respect of the person under the Immigration Ordinance (Cap. 115), other than a limit of stay; and(ii) is not in breach of any limit of stay;limit of stay (逗留期限), in relation to a person, means a condition of stay limiting the period during which the person may remain in Hong Kong. (Added 2 of 2005 s. 4)(Amended 35 of 1991 s. 5) 7. Delegation (1) The Council may, either generally or in any particular case, delegate to any training board or general committee, any council committee or any public officer the performance or exercise on its behalf of any of its functions under this Ordinance.(2) Where any function of the Council under this Ordinance is performed or exercised by a board, committee or public officer referred to in subsection (1), the performance or exercise shall, unless the contrary is proved, be deemed to have been duly delegated to that board, committee or public officer as the case may be. Part III Membership, Executive, Boards and Committees 8. Membership of the Council (1) The Council shall consist of the following members—(a) such number of persons other than public officers, not exceeding 18, as the Chief Executive may appoint;(b) such number of public officers, not exceeding 4, as the Chief Executive may appoint;(c) the Executive Director. (Added 35 of 1991 s. 6)(2) The Chief Executive shall appoint a Chairman of the Council from those members appointed under subsection (1)(a).(3) The Chief Executive shall appoint such number of Deputy Chairmen of the Council as he may think fit from those members appointed under subsection (1)(a) and (b).(4) Every member of the Council who is a public officer shall hold office at the discretion of the Chief Executive.(5) Without prejudice to section 42 of the Interpretation and General Clauses Ordinance (Cap. 1), every member of the Council who is appointed under subsection (1)(a) shall be appointed for such period as the Chief Executive may determine and may from time to time be reappointed.(6) Any member of the Council who is appointed under subsection (1)(a) may at any time, by notice in writing to the Chief Executive, resign from the Council.(7) If any member of the Council who is appointed under subsection (1)(a) is absent from Hong Kong or is for any other reason unable to exercise the powers or perform the duties of his office as a member, the Chief Executive may appoint another person to be a temporary member of the Council during the absence or incapacity of that member.(8) All appointments made under subsection (1)(a) or (b), (2), (3) or (7) shall be published by notice in the Gazette.(Amended 35 of 1991 s. 6; 56 of 2000 s. 3) 9. Director (1) The Council may from time to time appoint an Executive Director to be the chief executive of the Council, and such Deputy Executive Directors and Assistant Executive Directors as may be appropriate to the proper and efficient functioning of the Council. (Replaced 35 of 1991 s. 7)(1A) No appointment of an Executive Director shall be made by the Council under subsection (1) without the prior consent of the Chief Executive. (Added 35 of 1991 s. 7. Amended 56 of 2000 s. 3)(2) The Executive Director and, with the consent of the Chairman, a Deputy Executive Director or Assistant Executive Director may attend any meeting of any council committee, training board or general committee. (Amended 35 of 1991 s. 7) 10. Establishment, membership and functions of training boards and general committees (1) The Chief Executive may, on the advice of the Council, establish training boards and general committees.(2) The Chief Executive shall appoint the chairman and members of any training board or general committee, none of whom need be a member of the Council.(3) Training boards and general committees shall perform such functions as the Council may decide and shall report to the Council as often as the Council may decide.(Amended 56 of 2000 s. 3) 11. Establishment and membership of council committees The Council may establish council committees to assist it to perform its functions and shall appoint the chairman and members of any such committee, of which at least two thirds of the membership shall be members of the Council. Part IV Financial Provisions 12. Funds and property of the Council The funds and property of the Council shall consist of—(a) all moneys appropriated by the Legislative Council for the purposes of the Council;(b) all moneys lawfully received by the Council by way of grants, loans, funds, donations, fees, rent or interest;(c) all moneys derived from the sale of any property held by or on behalf of the Council; and(d) all property and assets lawfully acquired by the Council. 13. Rights and obligations of technical institutes (1) All contractual and other rights exercisable or enforceable by or on behalf of the technical institutes before the commencement of this Ordinance shall on the commencement thereof become and be exercisable and enforceable by the Council.(2) On the commencement of this Ordinance the Council shall become liable for all debts and liabilities and for the performance of all contractual and other obligations incurred by or on behalf of the technical institutes before the commencement of this Ordinance. 14. Estimates and financial year (1) In each financial year, before a date to be fixed by the Chief Executive, the Council shall submit to the Chief Executive for his approval a programme of its proposed activities and estimates of its income and expenditure for the next financial year: (Amended 35 of 1991 s. 8) Provided that the programme and estimates for the first financial year of the Council shall be submitted as soon as practicable after the commencement of this Ordinance. (2) The Council may, from time to time, with the prior approval of the Chief Executive, fix a period to be the financial year of the Council.(Amended 56 of 2000 s. 3) 15. Supplementary estimates During any financial year the Council may, for the purpose of implementing its programme of proposed activities submitted and approved under section 14(1), submit supplementary estimates to the Chief Executive for his approval.(Amended 56 of 2000 s. 3) 16. Investment of funds All funds of the Council not immediately required shall be invested in such investments as may be approved by the Financial Secretary. 17. Accounts (1) The Council shall keep proper accounts and records of all financial transactions.(2) (Repealed 35 of 1991 s. 9)(3) After the end of each financial year the Council shall cause to be prepared a statement of income and expenditure of the Council during that financial year and a balance sheet of the Council on the last day thereof. (Amended 2 of 2005 s. 5)(4) The statement and balance sheet required by subsection (3) shall be signed by the Chairman, or if the Chairman is absent from Hong Kong or is for any other reason unable to exercise the powers or perform the duties of a Chairman, by any one of the Deputy Chairmen. (Added 2 of 2005 s. 5)(Amended 35 of 1991 s. 9) 18. Auditor (1) The Council shall appoint an auditor, who shall be entitled at any time—(a) to have access to all books of account, vouchers and other records of the Council; and(b) to require such information and explanation,as he considers necessary to discharge his function.(2) The auditor shall, as soon as is practicable and in any case not later than 4 months after the close of each financial year, audit the statement and balance sheet required by section 17 and shall submit a report on them to the Council.(Replaced 35 of 1991 s. 10) 19. Statements and reports to be sent to Chief Executive and laid on table of Legislative Council (1) The Council shall, within the period of 7 months, or such longer period as the Chief Executive may determine, after the close of each financial year, submit to the Chief Executive a report of its activities during that financial year together with the statement and balance sheet prepared pursuant to section 17(3) and the report submitted to it by the auditor pursuant to section 18(2).(2) The Chief Executive shall cause the reports, statement and balance sheet received by him under subsection (1) to be laid on the table of the Legislative Council.(Amended 35 of 1991 s. 11; 56 of 2000 s. 3) 19A. Director of Audit’s examination (1) The Director of Audit may carry out such examination as he thinks fit into the economy, efficiency and effectiveness with which the Council has used its resources in discharging its functions and exercising its powers.(2) The Director of Audit shall—(a) have a right of access at all reasonable times to any documents in the custody or under the control of the Council which he may reasonably require; and(b) be entitled to require from any person holding or accountable for any document referred to in paragraph (a) such information and explanation as are reasonably necessary,for the purpose of carrying out an examination under subsection (1).(3) The Director of Audit may submit to the President of the Legislative Council the results of any examination carried out by him under subsection (1).(4) Subsection (1) shall not be construed as entitling the Director of Audit to question the merits of the policy objectives of the Council.(Added 35 of 1991 s. 12) Part V General and Miscellaneous 20. Power of the Council to make rules (1) The Council may make rules not inconsistent with this Ordinance for all or any of the following matters— (Amended 35 of 1991 s. 13)(a) the regulation of its proceedings and the proceedings of any council committee, training board or general committee;(b) the regulation and control of its finances;(c) the regulation of the conditions and terms of employment and the discipline of persons employed or engaged under section 6(2);(d) the regulation of the conduct and discipline of students at technical colleges and technical institutes and trainees at industrial training centres and skills centres; and (Amended 35 of 1991 s. 13)(e) the better carrying out of its objects and exercise of its functions under this Ordinance.(2) For the purposes of subsection (1)(d) different rules may be made for different colleges, institutes or centres. (Added 35 of 1991 s. 13)(3) Rules made under this section shall not be regarded as subsidiary legislation for the purpose of section 34 of the Interpretation and General Clauses Ordinance (Cap. 1). (Added 35 of 1991 s. 13) 21. Council not servant or agent of the Government The Council 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. 41) 22. Council to be subject to directions of the Chief Executive in Council (1) The Chief Executive in Council may give to the Council such directions as he thinks fit with respect to the exercise of its functions under this Ordinance and the Council shall comply with any such direction.(2) The Chief Executive in Council may delegate to a public officer the powers conferred upon him by this section.(Amended 56 of 2000 s. 3) 23. Authenticity and admissibility in evidence of document under seal Any document purporting to be a document duly executed under the common seal of the Council shall, unless the contrary is proved, be deemed to be a document so executed and shall be received in evidence without further proof.