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LCQ5: Seminars and cultural exchange activities organised by establishments which are not registered as schools
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     Following is a question by the Hon Shiu Ka-chun and a reply by the Acting Secretary for Education, Mr Kevin Yeung, in the Legislative Council today (May 24):

Question:

     According to sections 3(1) and 10 of the Education Ordinance, any institution, organisation or establishment which provides for 20 or more persons during any one day or eight or more persons at any one time, any nursery, kindergarten, primary, secondary or post-secondary education or any other educational course by any means is required to be registered or provisionally registered as a school. On the other hand, section 4 of the Places of Public Entertainment Ordinance (PPEO) provides that a person who keeps or uses a place of public entertainment without a Places of Public Entertainment Licence (PPEL) issued by the licensing authority commits an offence, and the definition of "entertainment" under section 2 of PPEO includes "lecture or story-telling". In this connection, will the Government inform this Council:

(1) of the respective numbers of verbal warnings and written warnings issued by the Education Bureau (EDB) to establishments which were not registered as schools in respect of their organising seminars, as well as the prosecutions instituted, in each of the past three years;

(2) how the EDB interprets the meaning of "educational course" when it enforces the relevant provisions of the Education Ordinance; whether the authorities have studied if seminars, interest classes, workshops, tutorial classes, elderly people's literacy classes and academic exchange activities organised by establishments which are not registered as schools fall within the meaning of "educational course" under the Education Ordinance, as well as whether non-governmental organisations are exempted from registration; and

(3) whether the authorities have studied if it is illegal for universities, non-governmental organisations or community groups to organise cultural exchange activities without applying for PPELs, and whether the overseas scholars or cultural workers who have come to Hong Kong to attend such activities on invitation will be regarded as working illegally in Hong Kong?

Reply:

President,

     The question raised by the Hon Shiu Ka-chun touched on several ordinances in Hong Kong. Upon consultation with the Home Affairs Bureau and the Security Bureau, our reply is as follows:

(1) The Education Ordinance (Cap 279) (EO) regulates the operation of schools and their teaching activities. According to Section 3 of the EO, a "school" means an institution, organisation or establishment which provides for 20 or more persons during any one day or eight or more persons at any one time, any nursery, kindergarten, primary, secondary or post-secondary education or any other educational course by any means, including correspondence delivered by hand or through the postal services. Any institution, organisation or establishment which provides educational courses with the number(s) of students attending these courses meeting the number(s) stipulated in the above definition of "school" is required to be registered/provisionally registered in accordance with Section 10 of the EO, and regulated by the relevant provisions of the EO.

     All schools are required to comply with the safety and health requirements, such as building safety, fire safety, sanitation and the number of students in each classroom, as well as the requirements on registration of teachers and collection of fees, etc under the EO. Such requirements are to protect students' safety and safeguard their interests, ensuring that students learn in premises which are safe and hygienic.

     In the past three years, the Education Bureau (EDB) issued written warnings to the persons concerned in a total of 153 cases of operation of unregistered schools, which included 42 cases in 2014, 53 cases in 2015 and 58 cases in 2016. Prosecution actions were initiated in a total of 25 cases, which included 10 cases in 2014, five cases in 2015 and 10 cases in 2016. No classification on the means and type of educational courses offered by the unregistered schools was made.

(2) In deciding whether a course is an "educational course" as stipulated in the EO, the EDB gives consideration to the purpose, contents and nature of the operation of the courses. Courses which simply aim at mastering skills and techniques or developing a hobby or an interest, e.g. painting, dancing, drama etc, are not providing any educational activities, and do not fall under the EO. No school registration is required.

     Non-governmental organisation falling within the definition of "school" and meeting the conditions stipulated in Section 9(5) of the EO, i.e. it provides education consisting only of a series of lectures, or a course of instruction in a particular subject or topic, or provides less than 10 hours of academic instruction each week, may apply to the EDB for exemption from registration as a school. The EDB takes into account whether the application meets the conditions stipulated in Section 9(5) of the EO and the circumstances of each application before granting a time-limited exemption order.

(3) Any person who intends to keep or use a place of public entertainment (PPE) shall apply for a licence under the Places of Public Entertainment Ordinance (Cap 172) (PPEO).

     A PPE means any place used for presenting or carrying on entertainment as defined under the PPEO, to which the general public is admitted with or without payment. Places falling within the ambit of the PPEO must be places to which the public has right of access and the organiser of the activity concerned has right to control the admission of the public. As defined in Schedule 1 of the PPEO, "entertainment" includes lecture or story-telling. Therefore, depending on the actual mode of operation, activities consisting of lecture or story-telling held at public places may be regarded as "public entertainment" and an application for the Places of Public Entertainment Licence should be made for such activities.

     The PPEO serves the primary purpose of ensuring public safety and order at places of entertainment where members of the public congregate. In general, an activity falling within the ambit of the PPEO will only be issued with a licence upon compliance with requirements in such aspects as fire safety, building safety, crowd management, electrical and mechanical equipment, and hygiene.

     As regard the question raised by the Hon Shiu Ka-chun on overseas scholars or cultural workers attending cultural activities in Hong Kong, under the current legislation, in general, a person who intends to take up employment in Hong Kong must first apply for a relevant visa or entry permit before coming to Hong Kong, unless he or she has the right of abode or right to land in Hong Kong. Any person given permission to enter Hong Kong as a visitor shall not take up any employment, whether paid or unpaid, or establish or join in any business during his or her stay in Hong Kong, unless he or she has obtained prior approval of the Director of Immigration.

     Whether visitors' participation in cultural programmes during their stay in Hong Kong constitutes employment depends on the actual circumstances of the individual event, and cannot be generalised. Consideration factors include whether the event is commercial in nature, or whether employment contracts, remuneration, etc are involved.

     Thank you, President.
 
Ends/Wednesday, May 24, 2017
Issued at HKT 14:34
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