Functions and Powers of Sponsoring Body and IMC

 

 

The Ordinance clearly defines the respective functions and powers of a sponsoring body and an IMC, provides better civil liabiity protection to managers and allows greatly flexibility in the daily operation of an IMC.

 

 

Functions and Powers

Sponsoring Body

IMC

setting the vision and mission for the school

P

 

 

 
drafting the constitution of the IMC

P

 

 

 
giving general directions to the IMC in the formulation of education policies of the school

P

 

 

 
overseeing the performance of the IMC

P

 

 

 
deciding the mode of receiving government aid

P

 

 

 
issuing guidelines for raising funds and entering into contracts involving funds other than funds received from the Government

P

 

 

 
deploy principals and teachers among the sponsored schools under certain circumstances

P

 

 

 
managing school

 

P

formulating education policies of the school in accordance with the vision and mission set by the sponsoring body

 

P

accounting to the Permanent Secretary and the sponsoring body for the performance of the school

 

P

ensuring that the mission of the school is carried out

 

P

 
planning and managing financial and human resources of the school

 

P

 

 
ensuring that the education of the pupils is promoted in a proper manner

 

 P

 

 
school planning and self-improvement of the school

 

P

 

 
employ such teaching staff and non-teaching staff as it thinks fit and determine their terms and conditions of service

 

P

 

    

 

Related Provisions:

 

 

 

 

Question:            
Will the school sponsoring body incur any legal liability arising from the operation of the school?
  Answer:
The school sponsoring body (SSB) and the incorporated management committee (IMC) are two different legal entities. The IMC is responsible for day-to-day operation of the school, and under normal circumstances the SSB will not be involved in it. So the SSB will not be made liable even if the IMC incurs legal liabilities in the course of school operation. In other words, the SSB will not be made liable unless it assumes a different role in the operation of the school. For instance, the SSB, as the landlord of the school premises, may be liable for a claim for damages arising out of safety of the premises. Another example is that the SSB, in agreeing to act as guarantor of a loan secured by the IMC, may be required to repay the loan if the IMC fails to do so.

 

 

Question:            
What liabilities will a school sponsoring body (SSB) and an IMC incur in a claim for damages?
  Answer:
According to the Ordinance, if an IMC is ordered by the court to pay damages, assets belonging to the Government or other parties (such as the SSB) cannot be sequestered for payment of damages. The same case applies to assets within the school premises which are directly related to teaching and learning. However, other assets of the IMC, including the general fund and donations, may be sequestered.  If the IMC has its own assets which is not belong to the Government, it may consider to set up an education fund.  This is to ensure resources can be put on students' education but not use for payment of damages.  In law, the IMC and the fund are two different entities.  The fund will not be sequestered even if the IMC is subject to a claim for damages.

 

 

 

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