Cap. 1150 《香港學術及職業資歷評審局條例》Hong Kong Council for Accreditation of Academic and Vocational Qualifications Ordinance

not less than 15 and not more than 21 members appointed by the Chief Executive in accordance with subsections (2A) and (3); (Amended 6 of 2007 s. 28)

the Permanent Secretary for Education or his representative; and (Added 6 of 2007 s. 28. Amended L.N. 130 of 2007)

the Executive Director.

expertise or experience in quality assurance or the conduct of accreditation tests; or

good standing in the field of education or training or in any industry. (Added 6 of 2007 s. 28)

conducting accreditation tests in relation to operators, assessment agencies, learning programmes and qualifications, either—

conducting accreditation tests in relation to individuals;

disseminating information on standards of learning programmes and promoting the methods and practices of conducting accreditation tests;

establishing relationships with accreditation or quality assurance bodies and education and training authorities outside Hong Kong and keeping under review the systems of academic or vocational accreditation in places outside Hong Kong;

conducting, holding or assisting in seminars, conferences or any other forms of instructional or promotional activity;

conducting or commissioning research into the maintenance or monitoring of the standards of education and of training;

such other functions related to academic or vocational accreditation, education or training as may be permitted or assigned to the Council by the Secretary, or as authorized under any other enactment.

conduct accreditation tests under subsection (1)(a)(i) and (b) in relation to an operator, assessment agency or individual outside Hong Kong, a learning programme operated outside Hong Kong or a qualification obtainable outside Hong Kong; and

perform outside Hong Kong any function permitted or assigned by the Secretary under subsection (1)(g).

do all things that are necessary for, or incidental or conducive to, the better performance of the functions of the Council;

perform any function under section 4(1) (except section 4(1)(a)(ii)) on its own or jointly with or as agent for other persons or organizations; and

exercise such powers as may be conferred upon it under any other enactment. (Added 6 of 2007 s. 30)

appoint any person in relation to the performance of any function specified in section 4(1) (except section 4(1)(a)(ii)); (Amended 6 of 2007 s. 30)

publish and distribute such material (including accreditation reports, except those prepared in relation to individuals in performing the function under section 4(1)(b)) as the Council thinks fit; (Replaced 6 of 2007 s. 30)

determine the fees to be charged for any material published under paragraph (b) and charge such fees; (Added 6 of 2007 s. 30)

enable any person to use any facility of or provided for or by the Council or service provided by the Council (other than accreditation tests) and specify conditions, and determine fees (if any), subject to which it can be used and charge such fees; (Amended 6 of 2007 s. 30)

determine the fees to be charged in respect of the performance of any function referred to in section 4(1)(e) and charge such fees; (Replaced 6 of 2007 s. 30)

subject to the prior approval of the Secretary, determine the fees to be charged for the conduct of accreditation tests and charge such fees; (Replaced 6 of 2007 s. 30)

subject to the prior approval of the Secretary, determine the fees to be charged for reviews under Part IVA and charge such fees; (Added 6 of 2007 s. 30)

refund, reduce or waive any fee referred to in paragraphs (c), (d), (e) and (ea) either generally or in any particular case; (Amended 6 of 2007 s. 30)

subject to the prior approval of the Secretary, pay honoraria to appointed members who are not residents of Hong Kong; (Replaced 6 of 2007 s. 30)

pay honoraria to any person appointed under paragraph (a) to whom a function is delegated under section 8(2), in relation to the performance of such function; (Added 6 of 2007 s. 30)

pay honoraria to members of review committees in relation to the performance of their functions under Part IVA; (Added 6 of 2007 s. 30)

pay the travelling, accommodation or any other expenses reasonably incurred by any person referred to in paragraphs (ga) and (gb) in relation to the performance by such person of any function referred to in those paragraphs; (Amended 6 of 2007 s. 30)

pay the travelling, accommodation or other expenses reasonably incurred by any member in connection with his duties as such member;

acquire, hold or dispose of property of any description;

accept gifts or donations whether subject to any trust or not;

subject to the prior approval of the Secretary, borrow such money on such security or other terms and conditions as it considers expedient. (Amended 6 of 2007 s. 30)

(Repealed 6 of 2007 s. 30)

in any particular case, the report has been produced in reliance on any misleading or false statement, representation or information, either oral or in writing;

in the case of a report on an operator, the operator is no longer competent to achieve the objectives as claimed by the operator;

in the case of a report on an assessment agency, the agency is no longer competent to assess the skills, knowledge or experience acquired by individuals in relation to the relevant industry or branch of industry;

in the case of a report on a learning programme, the programme no longer meets the standard to achieve the objectives of the programme as claimed by its operator; or

in the case of a report on a qualification, the skills, knowledge or experience recognized by the qualification no longer meet the particular standard as determined in the report.

subject to subsection (2), appoint an Executive Director;

determine the conditions of service, and, subject to the prior approval of the Secretary under section 9, the terms of remuneration of such appointment.

the appointment of the Executive Director;

the determination of the remuneration or any other term or condition of employment of the Executive Director or any other employee of the Council;

any duty or function under section 14 in relation to the preparation of accounts and statements;

any duty or function under section 17;

the making of rules under section 22;

the power to establish committees or the appointment of members to a committee;

any function or power which may be delegated under subsection (2);

the power to delegate.

determining the remuneration of the Executive Director; or

determining the amount of any honorarium referred to in section 5(2)(g); or

varying any such remuneration or amount of honorarium,

from time to time fix a period of 12 months to be the financial year of the Council; and

on fixing a new period to be its financial year under paragraph (a), fix a period of more than or less than 12 months as its first financial year after the modification of the period.

a programme of its proposed activities for the next financial year;

estimates of its income and expenditure for the next financial year;

a statement of its fee charging policy in relation to the exercise of its power and performance of its functions or duties for the next financial year;

a schedule of the fees proposed to be charged in relation to the exercise of its powers under section 5(2)(e) and (ea) for the next financial year; and

a schedule of the fees, which require approval of the Secretary under any other enactment, proposed to be charged by it for the next financial year.

to have access to all books of accounts, vouchers and other records of the Council; and

to require such information and explanations as they consider necessary to discharge their functions.

to have access to any document in the custody or under the control of the Council as he may reasonably require for carrying out any examination under this section; or

to require from any person holding or accountable for such document any information or explanation as is reasonably necessary for the purpose of such examination.

a determination of the Council, as stated in an accreditation report;

a decision of the Council on the length of the validity period of a determination of the Council, as stated in an accreditation report;

a decision of the Council as to the conditions or restrictions subject to which a determination of the Council is to have effect, as stated in an accreditation report; or

a decision of the Council referred to in section 5A(4),

be made in such form as the Council may specify;

be made—

(ii) within such further period as the Council may allow; and

be accompanied by the fees determined under section 5(2)(ea).

establish a committee to conduct the review and to make general recommendations to the Council on any matter arising from the review; and

determine the terms of reference of the committee.

a chairman; and

not less than 2 and not more than 6 other persons,

expertise or experience in quality assurance or the conduct of accreditation tests; or

good standing in the field of education or training or in any industry.

may determine any matter of practice or procedure relating to the relevant review where no provision governing such matter is made in this Ordinance or in any rules made under section 22(2)(aa);

may receive and consider any material, whether by way of oral evidence, written statements, documents or otherwise, and whether or not it would be admissible in a court of law;

may, by notice in writing, request any person—

shall, within a period specified by the Council, submit a report to the Council which contains—

he is acting on his own behalf as a party to a review; or

he is an officer or employee of a party to a review and is acting as the authorized representative of the party.

provide further information to the review committee and request the review committee to answer any further question that the Council thinks fit; and

request the review committee to reconsider its recommendations.

in the case of subsection (3)(a), answer the question; or

in the case of subsection (3)(b), notify the Council whether the review committee confirms, varies or reverses the recommendations referred to in subsection (1)(d) or substitutes any other recommendations for those recommendations.

the Council;

any committee;

any review committee; or

any such member, employee or person,

the procedures governing meetings of the Council and any committee;

the procedures governing meetings of any review committee; (Added 6 of 2007 s. 42)

the conditions and terms of employment and the welfare of persons employed or engaged by the Council;

financial procedures; or

the methods and procedures for accreditation tests. (Amended 6 of 2007 s. 42)

holds itself out to be—

uses the title “Hong Kong Council for Accreditation of Academic and Vocational Qualifications” or a title in any language which so closely resembles the title “Hong Kong Council for Accreditation of Academic and Vocational Qualifications” so as to be capable of misleading any person into believing the body of persons is— (Amended 6 of 2007 s. 43)

the Executive Committee shall continue to exist as a committee established under paragraph 7(1) of Schedule 2; and

a person holding office as a member of the Executive Committee immediately before the date of commencement continues to hold office as a member of the committee referred to in paragraph (a) for the remainder of his term of office, unless he ceases to hold office for any other reason before his term of office expires.