Schools Required to Establish IMCs

 

Education (Amendment) Ordinance 2004 PDF (210 KB) came into operation on 1 January 2005.  Under the Education Ordinance (the Ordinance) which has undergone amendment through Education (Amendment) Ordinance 2004, sponsoring bodies of all aided schools are required to submit, in respect of each of their aided schools, a draft constitution of its incorporated management committee (IMC) and a list of proposed managers to the Permanent Secretary for Education  in order to set up the IMC to manage the school. DSS schools and specified schools may, according to their own needs, opt to establish an IMC under the Ordinance.

  

The Ordinance clearly defines the functions of a sponsoring body and an IMC as well as the latter's power. It also stipulates that the composition of the IMC shall include: sponsoring body managers, elected parent and teacher manager(s), the principal (an ex-officio member), the alumni manager(s) and independent manager(s).  In addition, if the IMC constitution allows not more than one parent manager and one teacher manager, there shall be an alternate manager for each of the two categories of manager.  The Ordinance also provides for matters relating to the operation of an IMC and its constitution, the selection of the principal and the functions of the supervisor.

 
 The provisions for establishment of IMCs to manage schools are applicable to :
 
 *  Operating Aided Schools (including school with school management company)
 *  Planned Aided Schools

 

In addition, the following schools could also opt to establish an IMC  :

 

 *  Operating DSS Schools and Specified Schools
 *  Planned DSS Schools

  

 

Related Provision:

  

   

Question:            
Given that the school management committees of some aided schools have already registered as a limited company, do they have to apply to set up an IMC?
  Answer:
Schools are required to set up an IMC under the Education Ordinance.  Even though the school management committee has already registered as a limited company, the law still requires it to set up an IMC.  The procedures for IMC establishment are the same as those in aided schools.

 

 

Question:            
Would the school management company be dissolved after the establishment of an IMC?
  Answer:
On the date of establishment of an IMC of the school, the school management company of the school is deemed to be dissolved under section 291A(1) of the Companies Ordinance (Cap. 32).  The Registrar of Companies will strike the school management company of the school off the register of companies.  For details of dissolution of school management company and transitional provisions for dissolution of school management company, please refer to Sections 40BQ and 40BR of the Education Ordinance.

   

 

Question:            
Regarding “through-train” schools, do they need to set up one IMC or two IMCs?
  Answer:
If the primary and secondary sessions of a "through-train" school are registered under the name of one school, they will only need to set up one IMC.  If they are registered separately, then two IMCs will have to be set up.

 

 

   

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