Cap. 1098

To provide for the incorporation of the Permanent Secretary for Education, and for matters connected therewith. (Amended 3 of 2003 s. 34; L.N. 130 of 2007) [23 September 1960](Format changes—E.R. 2 of 2022) 1. Short title This Ordinance may be cited as the Permanent Secretary for Education Incorporation Ordinance.(Amended 3 of 2003 s. 35; L.N. 130 of 2007) 2. Permanent Secretary for Education constituted a corporation sole (Amended L.N. 130 of 2007)The person for the time being performing the duties of the office of Permanent Secretary for Education shall be a corporation sole, hereinafter called the corporation, and shall have the name of the “Permanent Secretary for Education Incorporated” and in that name shall have perpetual succession.(Amended 3 of 2003 s. 36; L.N. 130 of 2007) 3. Seal of corporation and authentication thereof, and instruments executed thereunder (1) The corporation shall have and may use a common seal and the affixing of the seal shall be authenticated by the signature of the occupant of the corporation for the time being.(2) Any instrument purporting to be an instrument duly executed under the seal of the corporation shall be received in evidence and shall, unless the contrary is proved, be deemed to be an instrument so executed. 4. Power of corporation to act as trustee, etc. The corporation subject to the prior approval of the Chief Secretary for Administration may act as trustee of any trust created for purposes or objects connected with education or with the work of the Education Bureau and may acquire, take on lease, purchase, hold, hire and enjoy any movable or immovable property and may dispose of the same.(Amended L.N. 362 of 1997; 3 of 2003 s. 37; L.N. 130 of 2007) 5. Power to invest trust funds (1) The corporation may invest, in accordance with the provisions of the Trustee Ordinance (Cap. 29), any trust funds in the hands of the corporation whether at the time in a state of investment or not: Provided that where the occupant of the corporation for the time being considers it impracticable for any reason whatsoever for any such trust funds to be so invested, the corporation may deposit such trust funds in any bank or savings bank approved by the Chief Executive either generally or in any particular case. (Amended 55 of 2000 s. 3) (2) The powers conferred on the corporation by subsection (1) are in addition to the powers (if any) conferred by any trust but shall apply only if and so far as a contrary intention is not expressed in any term of any trust, and shall have effect subject to any such term. 6. Property of corporation to pass to its successors Where any property or interest therein is vested in the corporation, the same shall, unless and until otherwise disposed of by the corporation, pass and devolve to and vest in the successors from time to time of the corporation. 7. Certificate as to occupant of corporation If any question arises as to who is or was at any time the occupant of the corporation for the time being, a certificate under the hand of the Chief Secretary for Administration shall be conclusive evidence for all purposes as to the person who is or was such occupant.(Amended L.N. 126 of 1995; L.N. 362 of 1997) 8. Accounts, audit and annual report (1) The corporation shall keep accounts and records of all transactions in respect of any trust funds it administers.(2) The Director of Accounting Services may give such directions in writing to the corporation as he thinks fit with respect to the keeping of accounts and records referred to in subsection (1) and the corporation shall comply with any such direction.(3) The corporation shall prepare in relation to the trust funds it administers a statement of accounts of the funds for each period of 12 months ending on 31 August in any year, in such form as the Director of Accounting Services may require in writing.(4) A statement of accounts required by subsection (3) shall be signed by the person for the time being performing the duties of the office of the Permanent Secretary for Education and shall, unless the accounts of the trust funds the corporation administers have been audited by an independent accountant under section 24(4) of the Trustee Ordinance (Cap. 29), be submitted by the corporation to the Director of Audit not later than 28 February following the end of the period to which it relates, or such later date as the Chief Executive may allow. (Amended 55 of 2000 s. 3; 3 of 2003 s. 38; L.N. 130 of 2007)(5) Where the statement of accounts is submitted to the Director of Audit under subsection (4), such statement of accounts and the accounts of the funds referred to in subsection (1) shall be audited by the Director of Audit, who shall certify the statement of accounts together with such report, if any, as he may think fit and submit the audited statement of accounts and the report thereon, if any, to the corporation.(6) A copy of the corporation’s audited statement of accounts, together with the Director of Audit’s report, if any, and a report, if any, by the corporation on the administration of the fund during the period covered by the audited statement of accounts shall be laid upon the table of the Legislative Council not later than 3 months after the audited statement of account and the report thereon, if any, are received by the corporation from the Director of Audit.(Added 21 of 1989 s. 2) 9. Saving and transitional provisions relating to the Education Reorganization (Miscellaneous Amendments) Ordinance 2003 (1) In this section and section 10—Amended Ordinance (經修訂條例) means this Ordinance as amended by the Education Reorganization (Miscellaneous Amendments) Ordinance 2003 (3 of 2003);*date of commencement (生效日期) means the date of commencement of the Education Reorganization (Miscellaneous Amendments) Ordinance 2003 (3 of 2003).(2) A reference in section 10 to property, rights and liabilities of the corporation sole known as the “Director of Education Incorporated” is a reference to—(a) property and assets of every description (whether tangible or intangible) and rights and liabilities of every description (whether present or future, actual or contingent);(b) property wherever situated or rights and liabilities under the law of any place.(3) The corporation sole known as the “Permanent Secretary for Education and Manpower Incorporated” constituted by section 2 of the Amended Ordinance is deemed to be a continuation of and the same legal entity as the corporation sole known as the “Director of Education Incorporated” constituted by section 2 of this Ordinance before the date of commencement.(4) The enactment of the Education Reorganization (Miscellaneous Amendments) Ordinance 2003 (3 of 2003) does not affect the legality and validity of anything done by the corporation sole known as the “Director of Education Incorporated” before the date of commencement.(Added 3 of 2003 s. 39) Editorial Note: * Commencement date: 28 February 2003. 10. Provisions incidental and supplemental to section 9 (1) The provisions in this section are for the avoidance of doubt and apply without limiting the generality of section 9 and to the extent that they are appropriate in the circumstances and consistent with this Ordinance.(2) As from the date of commencement, all property, rights and liabilities to which the corporation sole known as the “Director of Education Incorporated” was entitled or subject immediately before that date are deemed to be vested, without any actual transfer or conveyance, in the corporation sole known as the “Permanent Secretary for Education and Manpower Incorporated”.(3) A reference to the corporation sole known as the “Director of Education Incorporated”—(a) in any agreement, arrangement or contract or in any deed, bond or any other instrument;(b) in any process or other document issued, prepared or employed for the purpose of any proceeding before a court, tribunal or similar body; and(c) in any other document whatsoever (other than an enactment) relating to or affecting any property, right or liability of the corporation sole known as the “Director of Education Incorporated” which vests in the corporation sole known as the “Permanent Secretary for Education and Manpower Incorporated” by virtue of subsection (2),shall be taken as from the date of commencement as referring to the corporation sole known as the “Permanent Secretary for Education and Manpower Incorporated”.(4) The record of property of the corporation sole known as the “Director of Education Incorporated” immediately before the date of commencement that is in the form of any entry in the books of a bank, company or other corporation is to be transferred in those books to the corporation sole known as the “Permanent Secretary for Education and Manpower Incorporated” on the request of the corporation sole known as the “Permanent Secretary for Education and Manpower Incorporated” by the bank, company or other corporation.(5) Where the corporation sole known as the “Director of Education Incorporated” is the trustee of any trust, the corporation sole known as the “Permanent Secretary for Education and Manpower Incorporated” shall effective on the date of commencement continue as trustee of that trust in substitution of the corporation sole known as the “Director of Education Incorporated”.(6) The corporation sole known as the “Permanent Secretary for Education and Manpower Incorporated” may sue on, recover or enforce any property or right vested in it under subsection (2) and may be sued for any liabilities to which it is subject under that subsection.(7) The corporation sole known as the “Permanent Secretary for Education and Manpower Incorporated” may sue on, recover or enforce a chose in action vested in it under subsection (2) without having to give a notice of transfer to the person bound by the chose in action.(8) Any claim by or against the corporation sole known as the “Director of Education Incorporated” in any judicial or administrative proceedings that is subsisting immediately before the date of commencement does not abate by reason of the enactment of the Education Reorganization (Miscellaneous Amendments) Ordinance 2003 (3 of 2003) and may be continued or enforced by or against the corporation sole known as the “Permanent Secretary for Education and Manpower Incorporated”.(9) In any judicial or administrative proceedings that is subsisting immediately before the date of commencement in which the corporation sole known as the “Director of Education Incorporated” is a party, the corporation sole known as the “Permanent Secretary for Education and Manpower Incorporated” shall, on and from that date, substitute for the corporation sole known as the “Director of Education Incorporated” as that party.(10) This section and section 9 shall not be construed as giving validity, continuing in force or giving effect to any or all of the following—(a) anything that could not have validly been done or given effect to under an enactment amended or repealed by the Education Reorganization (Miscellaneous Amendments) Ordinance 2003 (3 of 2003); or(b) anything done otherwise than in the lawful exercise of a power or performance of a duty.(11) This section and section 9 are in addition to and not in derogation from section 23 of the Interpretation and General Clauses Ordinance (Cap. 1).(Added 3 of 2003 s. 39)