Liability of Manager and Protection

 

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A manager shall not incur any civil liability in respect of anything done or omitted to be done by him in good faith in the performance or purported performance of any function of his office as the manager

 

 
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No proceedings shall be brought against a manager of a school for anything done or omitted to be done by the IMC unless he has not acted in good faith.  The general proceedings towards a school will be brought against the IMC instead of an individual manager
   
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Unless with the consent or connivance of an individual manager towards the unlawful behavior, an individual manager is not held liable to the contravention of Education Ordinance by the IMC
   
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An alternate manager shall not only because of his being a manager incur any liability for an act done pursuant to a voting of the IMC in which he has not participated by virtue of relevant provisions of the Ordinance

 

 

Related Provisions:

 

 

 

Question:            
Under what circumstances shall a school manager of an IMC incur individual liability?
  Answer:
In the case of civil liability, the Ordinance provides that if a manager acts honestly, in good faith and without any malice, intention to deceive or undesirable motive, he/she cannot be made a defendant in a lawsuit.  As to criminal liability, if a manager of an IMC specifically consents to or connives at any irregularity in school operation in contravention of the Ordinance, he/she may be made liability personally.  For instance, if a manager discovers an irregularity in school operation and writes to the school head or IMC for rectification, then he/she is not required to bear any liability.  It is worthwhile to note that the burden of proof is on the prosecution instead of the manager in such proceedings.  In a criminal proceeding, the standard of proof on the prosecution is even more stringent.  Hence, the risk of a school manager incurring liability is very slim if he/she acts in good faith.

 

 

Question:            
If a school manager signs an agreement on behalf of IMC in his/her personal capacity and later gets involved in a dispute connected with the agreement, will other school managers who are not in the know be made liable?
  Answer:
If a manger personally signs an agreement on behalf of IMC and later gets involved in a dispute, the IMC may be liable for any liability related to the agreement but not the managers individually.  To avoid any confusion regarding the powers and liabilities of a manager, the IMC should first decide which manager is given the authority to sign an agreement on behalf of the IMC or how many managers are required to acknowledge a signed agreement for it to be effective.  If the school sponsoring body has already issued the relevant financial guidelines, the IMC should observe them.

 

 

Question:            
What should a school manager do when he/she is personally involved in a civil proceeding?
  Answer:
An IMC is a body corporate capable of incurring liability arising from any act done in its name.  A school manager acts in good faith will not be incurred any liability in a civil proceeding for any action and inaction in relation to discharge of any function of his/her office as a manager.  School should notify the insurance company as soon as possible if a manager is involved in any prosecution or claims.

 

 

Question:            
All school managers serve on a voluntary basis.  They are worried that they will have to bear greater liabilities once an IMC is set up.  What liabilities a school manager of an IMC is subject to under the Ordinance?
  Answer:
Presently, a school management committee does not have the status of a body corporate.  It is only a group of school managers.  The legal rights and liabilities of a school management committee are also the legal rights and liabilities commonly shared by individual school managers.  Though the Block Insurance Policy taken out by the Education Bureau on behalf of school covers some commonly known claims, individual school managers are still subject to the risk of getting involved in litigation.  After the establishment of an IMC under the Ordinance, the school management committee will be in the form of a statutory body and becomes an independent body corporate with legal rights and liabilities of its own.  Hence, school managers will not be made liable personally for any claim in relation to school operation.  It is stated in the Ordinance that unless a manager fails to act in good faith, he/she will not be liable and indeed shall not be made subject of any prosecution in relation to any action involved in school management.

 

 

 

 

 

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