Press Release

 

 

LC: Increase in fines under the Education Ordinance and

the Education Regulations

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Following is a speech by the Secretary for Education and Manpower, Mr Joseph W P Wong, in moving the motion of Increase in fines under the Education Ordinance and the Education Regulations at the Legislative Council today (May 31):

Madam President,

I move the motion standing in my name on the Order Paper to pass the resolution to increase the fines under the Education Ordinance and the Education Regulations.

The resolution before Members seeks to:

(a) increase the level of fine in section 84(3) of the Education Ordinance from $5,000 to $250,000;

(b) increase the levels of fines in various other sections of the Ordinance on the basis of inflation; and

(c) amend regulation 102 of the Education Regulations to provide a maximum fine of $250,000 for over-enrollment in contravention of regulation 87, and a maximum fine of $50,000 for contravening other regulations.

The fines provisions in the Education Ordinance and the Education Regulations have not been revised for a long time. The recent spate of incidents of kindergartens and tutorial schools over-enrolling, over-charging and operating without registration has given rise to public concern about the adequacy of the existing fines under the Ordinance and the Regulations. There have been repeated calls for Government to step up enforcement action and to impose heavier penalties on offenders. More generally, there is a growing expectation in the community for Government to deal stringently with any schools which act against the law. Furthermore, in two recent investigation reports relating to the operation of kindergartens and tutorial schools, the Ombudsman has recommended, inter alia, that the fines in the Education Ordinance and the Education Regulations be increased.

In view of these developments, we have conducted a review of the fines provisions in the Ordinance and its subsidiary legislation. The opportunity is also taken to convert the fines, where appropriate, to the appropriate levels according to the standard scale of fines under the Criminal Procedure Ordinance.

We have consulted the LegCo Panel on Education on this exercise. We propose that the fines in sections 18A(2), 63(3), 63(5), 76(4), 76(5), 78, 86A(3), 86B(2), 87(1), 87(2), 87(3), 87(3A) and 89(6) of the Ordinance be revised on the basis of inflation. The offences covered in these sections include, for example, operating a school without the requisite registration or permit, obstructing the operation of the Appeals Board, failing to comply with an attendance order, etc.

Section 84 provides that the Chief Executive in Council may make regulations on various aspects of school standards, operations, management, fees, etc., and that such regulations may provide that contravention of these regulations shall be punishable by a fine of $5,000 and an imprisonment term not exceeding two years. Regulation 102 provides that a person found guilty of an offence under any provisions in the Regulations, including over-enrollment, shall be liable to a fine of $5,000 and to imprisonment for one year. We consider over-enrollment to be a much more serious offence when compared to other breaches of regulatory requirements stipulated in the Regulations because of the safety implications. With the support of the Legislative Council Panel on Education, we propose that over-enrollment should attract a maximum fine of $250,000 upon conviction. This fifty times increase should send a clear signal to kindergarten operators that Government attaches great importance to the well-being and safety of children in kindergartens, and that over-enrollment will not be tolerated. As for all other offences under the Regulations, we propose that the fine be increased to $50,000 on the basis of inflation.

I should add that fees levied by kindergartens in respect of the education of a pupil is subject to approval by the Director of Education. If a kindergarten charges more than the approved amount, the supervisor and principal will each be liable to a fine of $50,000, under the present amendment proposal. If kindergartens wish to sell school items or provide other paid services to pupils, they should make it clear to parents that acquisition of such items or services is entirely on a voluntary basis. The Education Department has as recently as in April this year issued two Administration Circulars reminding all kindergarten supervisors to observe the rules. When kindergarten profiles for the 2000/01 school year are compiled later this year, information on school fees and miscellaneous charges made by kindergartens will be included.

We have also reviewed the imprisonment terms specified in various provisions of the Ordinance and the Regulations. We consider the existing provisions appropriate and do not propose any change.

Madam President, I beg to move.

End/Wednesday, May 31, 2000

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