III. ADMINISTRATION OF PRACTICAL SCHOOLS AND SKILLS OPPORTUNITY SCHOOLS
Admission, Suspension and Expulsion of pupils
Admission criteria
50.	Admission to and allocation of places at aided practical schools/skills opportunity schools shall be regulated as the Director may determine, and as shown at Appendix 1.
Director to regulate suspension and expulsion of pupils
51.	Suspension and expulsion of pupils from an aided practical school/skills opportunity school shall be regulated as the Director may determine, and as shown at Appendix 1.
Teaching Practice Arrangements
Schools to accept teaching practice arrangements
52.	Schools should co-operate, whenever possible, in the training of teachers by accepting for teaching practice student teachers undergoing training in the Hong Kong Institute of Education and the Universities. Consultation among the institutions concerned should be arranged prior to the placement of students.
Use of School Premises
Use of school premises
53.	(a)	The premises of an aided practical school/skills opportunity school shall be used only for the approved activities of such school, except as may be permitted in writing by the Director.
	(b)	Classrooms and ancillary facilities should be made available at the request of the Director for the operation of part-time and evening courses run by the Education Department. In making his requests, the Director will take into consideration any special difficulties and existing commitments, and make full consultation with the school authorities concerned. In this connection, appropriate remuneration will be made regarding hire charges, electricity charges, expenses on consumable goods and overtime payment for the relevant staff.
Appointment and Dismissal of Staff
Director to be notified of appointment and dismissal of staff
54.	(a)	Appointment and dismissal of staff shall be in accordance with regulations 76, 77 and 78 of the Education Regulations 1971, in conformity with this Code of Aid, and in accordance with such instructions as the Director may from time to time issue.
	(b)	All appointments, resignations and dismissals shall be promptly notified to the Director. Such notification shall be in writing, stating the effective dates and indicating, where applicable, the period of notice given.
Director to approve appointment of principal
55.	The approval of the Director is required for the appointment of a principal of an aided practical school/skills opportunity school. Such appointments shall be made in accordance with the conditions shown at Appendix 5.
Teachers and other staff to be medically examined
(Please read in conjunction with EDBC32/2000 Appointment of Staff in Aided Schools.)
56.	(a)	All teaching staff, specialist staff, cooks and workshop attendants (other than supply staff) shall, before appointment, undergo a medical examination by a registered medical practitioner and a chest X-ray examination at a Government institution or by a registered medical practitioner.
	(b)	All other staff (other than supply staff) shall, before appointment, undergo a medical examination by a registered medical practitioner.
	(c)	Serving registered teachers on transfer from one aided school to another without break of service will not be required to attend an X-ray examination or present a medical certificate on appointment.
	(d)	The Director may exempt teachers and other staff from pre-employment X-ray examination for cases mentioned at Appendix 11.
Application for approval of salaries
(Please read in conjunction with EDBC32/2000 Appointment of Staff in Aided Schools.)
57.	(a)	For each appointment an application for approval of salary for grant purposes shall be made to the Director in the prescribed form and shall be accompanied by such documents as the Director may require.
	(b)	If such appointment is to fill a vacancy caused by resignation, the application shall be accompanied by a notification of the name of the person resigning. If such appointment is an increase in the total number of staff employed, the application shall be accompanied by a notification of the authority for such an increase.
Principal to verify qualifications, experience and date of birth
58.	(a)	The Principal of an aided practical school/skills opportunity school shall inquire into, examine and verify the certificates and testimonials of an applicant for appointment of any grade of staff in the school, and shall verify any previous experience claimed by such applicant, making reference for this purpose to the applicant's former employer(s) as appropriate.
	(b)	The Principal of an aided practical school/skills opportunity school shall verify the date of birth and the Hong Kong Identity Card Number of any person employed to any grade of staff in the school, and shall require such person to produce for inspection a birth certificate, statutory declaration, the Hong Kong Identity Card, or such other documents as may appear necessary for this purpose.
	(c)	Supervisor and the Principal of a practical school/skills opportunity school shall be responsible for ensuring that the qualifications and experience claimed by an applicant for appointment are genuine. The claims in the appointment form completed should be verified against the documents produced and initialled.
Qualifications for various grades of staff
59.	Qualifications required for eligibility for employment as staff in an aided practical school/skills opportunity school are shown at Appendix 5.
Preference to be given to persons possessing professional qualifications
60.	The Management Committee of an aided practical school/skills opportunity school shall, in considering the appointment of teaching staff, seek to give preference to persons who, in addition to the minimum qualification for employment, possess a professional qualification in special education.
Temporary employment of unqualified persons as teachers
61.	(a)	Subject to the approval of the Director, the Management Committee of an aided practical school/skills opportunity school may, if a qualified person is not available to fill a vacancy in the teaching staff establishment, employ a permitted teacher who is not in possession of standard or approved qualifications to fill the teaching vacancy on a temporary basis. The salary for such an unqualified teacher shall be as shown at Appendix 4.
	(b)	Notwithstanding (a), no person shall be employed to teach in a workshop unless qualified to teach technical subjects.
Contract of service; letter of appointment
(Please read in conjunction with: EDBC6/2004 Enhanced Native-speaking English Teacher (NET) Scheme in Secondary Schools - Letter of Appointment; and EDBCM118/2004 Letter of Appointment (for Teachers in Aided Schools) . )
62.	(a)	A teacher shall, on appointment to an aided practical school/skills opportunity school, be furnished with a contract of service and, in addition, or alternatively, a letter of appointment. Such contract of service or letter of appointment shall be signed by the Supervisor of the school or other members of the Management Committee authorized to sign on its behalf, and shall be countersigned by the teacher on appointment.
	(b)	Such contract of service or letter of appointment shall not be subject to annual renewal, but may specify a period of time to which its terms and conditions shall refer.
	(c)	Such contract of service or letter of appointment shall specify :
		i)	the name of the practical school/skills opportunity school and of the employer, this being the Management Committee or, if any school has only one manger, that manager;
		ii)	the date from which the appointment is to have effect;
		iii)	requirements, if any, relating to probation;
		iv)	the salary to be paid on commencement of the appointment, and any salary scale relating to the post, including the annual incremental date;
		v)	whether such teacher is to contribute to a provident fund; and if so, what such contribution shall be;
		vi)	the entitlement of such teacher to paid sick leave or maternity leave;
		vii)	the minimum period of notice of termination of the contract to be given by either party wishing to terminate such contract as specified under Section 64;
		viii)	the conditions relating to payment of salary on the resignation or dismissal of such teacher as specified under Section 64;
		ix)	that such teacher shall act in accordance with the terms of the Education Ordinance and of subsidiary legislation made under that Ordinance, of this Code of Aid and of such instructions as the Director may from time to time issue regarding the conduct of aided practical schools/skills opportunity schools.
Appointment to be initially on probation (Please read in conjunction with EDBCM118/2004 Letter of Appointment (for Teachers in Aided Schools) .)
63.	A teacher on first appointment to an aided practical school/skills opportunity school shall serve a probationary period of two years, after which the employment of such teacher shall be permanent, subject to such provisions regarding termination of employment as may be contained in such teacher's contract of service or letter of appointment.
Termination of employment
64.	(a)	The employment of a teacher who is serving a period of probation shall be terminable by the giving of one month's notice either by the Management Committee of the practical school/skills opportunity school at which such teacher is employed, or by the teacher.
	(b)	The employment of an unqualified teacher under the terms of Section 61 of this Code of Aid shall be terminable by the giving of one month's notice either by the Management Committee of the practical school/skills opportunity school or by the teacher, subject to such provisions regarding termination of employment as may be contained in such teacher's contract of service or letter of appointment.
	(c)	The employment of a teacher who has satisfactorily completed a probationary period, shall be terminable by the giving of three months' notice in writing by the Management Committee of the practical school/skills opportunity school or by the teacher.
	(d)	A teacher employed for a period of not less than two years as specified in a contract of service or letter of appointment shall, at least three months before the expiry of such specified period, inform the Management Committee of the practical school/skills opportunity school whether or not he wishes to seek a renewal of the contract of service. The Management Committee of an aided practical school/skills opportunity school shall similarly, at least three months before the expiry of such specified period, inform the teacher whether or not it intends to propose renewal of the contract of service relating to his employment.
	(e)	A teacher who terminates his employment without having given such notice of intention so to terminate as may be required by the terms of this Code of Aid or of the contract of service or letter of appointment relating to his employment , shall be liable to pay one month's salary in lieu of notice, to be credited to the school's Salaries Grant Account. Nevertheless, the Management Committee may waive the said payment if the teacher's explanation is justified and inform the Director of such a waiver and the reasons thereof.
	(f)	A School Management Committee may, subject to the approval of the Director, suspend a teacher from his normal duties on half pay for a period of not exceeding 14 days under the following circumstances :
		i)	in cases where criminal proceedings of a serious nature have been, or are likely to be instituted;
		ii)	in cases where the teacher's serious misconduct is under investigation and it would be against the interest of the school for him to continue to teach in the classroom.
		In case of (i), where the criminal proceedings are not concluded within 14 days, the period of suspension on half pay may be extended till the end of such proceedings.
	(g)	A practical school/skills opportunity school Management Committee shall only dismiss a teacher for good and sufficient reasons (see Appendices 6 and 9). A teacher shall be liable to summary dismissal if it appears to the Management Committee that he has been convicted of a criminal offence or has committed a grave breach of duty.
Appointment of specialist staff
65.	The appointment of specialist staff to aided practical school/skills opportunity schools should follow the principles outlined in Sections 62-64, where applicable.
Retirement
Retirement
(Please read in conjunction with: EDBC25/2000 Extension of Service of Teachers Employed under the Enhanced Native-speaking English Teacher Scheme ; and EDBCM118/2004 Letter of Appointment (for Teachers in Aided Schools) .)
66.	(a)	All non-specialist staff employed from the Salaries Grant in accordance with the approved establishment and pay scales for these staff shall retire at the age of sixty, except in special cases and with the approval of the Director.
	(b)	All other staff shall retire at the end of the school year in which he reaches the age of sixty. The Director may, however, on the recommendation of the Management Committee of a practical school/skills opportunity school and subject to the submission of a satisfactory medical certificate as to fitness, permit such staff to continue in service for a period of one school year after the end of that in which he reaches the age of sixty, and for further periods each of one school year, up to the end of the school year in which he reaches the age of sixty-five.
Promotion
Promotion
(Please read in conjunction with EDBC30/2000 Promotion, Acting Appointment, Regrading of Teachers/Specialists and Passage over Efficiency Bar of Specialist Staff in Aided Schools.)
67.	The conditions under which teaching and other staff may become eligible for promotion to higher ranks of appointment are set out at Appendix 10. A teacher in service who becomes eligible for appointment to a higher rank by reason of the acquisition of further qualifications will be considered for appointment to the higher rank. However, a practical school/skills opportunity school may not exceed the overall entitlement in respect of grades and ranks of appointment as shown at Appendix 3.
Acting Appointments
Acting appointments
(Please read in conjunction with:
EDBC 9/2000 Acting Appointment and Granting of Acting Allowance; and
EDBC30/2000 Promotion, Acting Appointment, Regrading of Teachers/Specialists and Passage over Efficiency Bar of Specialist Staff in Aided Schools.)
68.	(a)	Full-time graduate teachers may be recommended for appointment to vacant promotion-grade posts in the rank of Senior Graduate Master/Mistress on an acting basis and the rules that apply to such acting appointment are set out at Appendix 10. Acting Allowances so gained will be treated as salary for Provident Fund purposes.
	(b)	Full-time teachers may be recommended for acting appointments to approved functional posts when such posts are left vacant arising from approved leave or wastage for a continuous period of not less than fourteen calendar days. The approved functional posts in aided practical schools/skills opportunity schools cover posts in the rank of Principal II, Principal Graduate Master/Mistress, Senior Graduate Master/Mistress and Principal Assistant Master/Mistress. Arrangements for acting appointments and allowances are set out at Appendix 4. Acting allowances so gained will be treated as salary for Provident Fund purposes.
Outside Duties
Outside duties
69.	Staff employed full-time in a practical school/skills opportunity school administered under the terms of this Code of Aid shall not engage in outside duties except with the prior approval of the Supervisor, who must be satisfied that such duties contribute to the public good and are not such as to interfere with the efficient performance of the staff's normal duties. Records of such approval should be kept by the school.
Provident Fund
Provident Fund
(Please read in conjunction with: EDBC48/2000 Funding of Retirement Benefits Unpon Introduction of the Mandatory Provident Fund Scheme; and EDBC50/2000 Enhanced Native-speaking English Teacher Scheme Exemption from the Provisions of the Mandatory Provident Fund Schemes Ordinance (MPFSO) Cap. 485.)
70.	(a)	A teacher in an aided practical school/skills opportunity school who contributes to the Subsidized Schools Provident Fund is subject to the provisions of the Subsidized Schools Provident Fund Rules made under the Education Ordinance. The benefits which a teacher-contributor may receive from the funds are briefly reproduced from the Rules at Appendix 15.
	(b)	A teacher who does not contribute to the Subsidized Schools Provident Fund and who contributes to another provident or superannuation fund approved by the Director may on submission of original receipts in respect of his contribution to such fund, received from the Government a donation in respect of 50% of his contribution to such fund or 5% of his basic salary in Hong Kong, whichever is the less.
71.	Laboratory technicians and non-teaching staff in an aided practical school/skills opportunity school may participate in non-statutory provident fund schemes as may be approved by the Director and receive benefits in accordance with the approved Provident Fund Scheme.
School Accounts
Supervisors to keep accounts
72.	(a)	The Supervisor of an aided practical school/skills opportunity school shall be responsible for keeping proper books of account, which shall comprise :
		i)	cash book for government grants and cash book for school funds;
		ii)	petty cash book for government funds and school funds;
		iii)	in a practical school/skills opportunity school where Boarding Fees or Subscriptions are chargeable with the permission of the Director, an attendance register and register of fees showing inter alia receipt number and amount of Boarding Fee, or Subscriptions against the name of each pupil;
		iv)	revenue receipt counterfoil and Daily Collection Summary in respect of Boarding Fees, Subscriptions and any other income;
		v)	payment vouchers in respect of all expenditure;
		vi)	a register of capital assets;
		vii)	a register of Non-recurrent Grants - building; and a register of Non-recurrent Grants - furniture and equipment;
		viii)	register showing receipts and expenditure of Textbook Assistance Scheme, if necessary;
		ix)	a general ledger and subsidiary ledgers showing accounts in respect of all items of recurrent income and expenditure;
		x)	provident fund records for individual staff;
		xi)	register of hire of school accommodation; and
		xii)	stock and sales records for exercise books, stationery, etc., if necessary.
	(b)	All books of accounts, receipts, counterfoils and vouchers shall at all reasonable times be available for inspection by the Director or officers authorized by him in that behalf. Records of a permanent nature, e.g. annual accounts, inventories, records of capital expenditure and Government non-recurrent subsidies, records in connection with practical school/skills opportunity school building funds/donations, etc., shall not be destroyed without prior approval of the Director. However, the following records may be destroyed after a certain period of retention, as specified below :
		i)	Minimum period of retention - 7 years :
			Books of accounts,
			i.e. cash books,
			Ledgers, etc.
			All types of vouchers,
			Bank statements.
		ii)	Minimum period of retention - 2 years :
			Quarterly returns (duplicates), Paysheets (duplicates), Fees receipts/school attendance registers, Register of hire of school accommodation.
Accounts not to include provision for depreciation
73.	An aided practical school/skills opportunity school shall not make any charge or provision in its accounts for depreciation. Expenditure in respect of a capital asset shall be debited to the relevant capital asset account and shall not be debited to an income and expenditure account.
Supervisor to be responsible for bank account
74.	(a)	The Supervisor of an aided practical school/skills opportunity school shall keep bank accounts in the name of the school, one of which accounts shall be kept solely in respect of moneys received from the Government.
	(b)	All disbursements shall, as far as possible, be made by cheque, which shall be signed by the Supervisor and, where there are two or more registered managers, by one other registered manager in addition to the Supervisor.
	(c)	The Supervisor may keep a reasonable cash balance as specified by the Director from time to time to meet small payments. Alternatively, a further account could be opened for this purpose with cheques signed by the Head and the Deputy Head of the school, duly authorized by the Management Committee.
School funds to be kept separate
75.	Subscriptions or other sums received by an aided practical school/skills opportunity school from the Government or other sources shall not, in any circumstances, be paid into a bank account kept in the name of the Supervisor or other person or persons, whether or not such person or persons are members of the Management Committee or teaching staff, but shall be paid into the bank account maintained in the name of the school.
Submission of accounts
76.	(a)	The Director may require the Supervisor of an aided practical school/skills opportunity school to submit accounts at such times and in such manner as he may determine.
	(b)	The accounts of an aided practical school/skills opportunity school shall, unless the Director in writing otherwise permits, be audited by certified public accountants/public accountants registered under the Professional Accountants Ordinance; and the audit fee shall be charged against the school's School and Class Grant Account/ Boarding Grant Account as appropriate.
	(c)	The accounting year covered by the audited accounts shall be from the first day of September of one year to the thirty-first day of August of the next. Schools which are unable to prepare their annual accounts on this basis may apply in writing to the Director for following the traditional financial year basis.
	(d)	For the purpose of this Code of Aid, the financial year shall be from the first day of April of one year to the thirty-first day of March of the next.
Director may withhold grant if accounts not submitted
77.	The Director may, if a practical school/skills opportunity school fails to submit annual accounts or delays the submission of such accounts without reasonable cause, temporarily withhold payment of such proportion of grant made monthly to the school as he shall determine.
Subscriptions used for development to be separately accounted for
78.	(a)	If the Director has permitted an aided practical school/skills opportunity school, under the terms of paragraph (c) of Section 12 of this Code of Aid, to transfer Subscriptions to a fund separately kept by the sponsoring body for educational development or other purpose, an audited annual statement of accounts in respect of such fund shall be prepared. The accounting year, to which such accounts shall refer, shall be from the first day of September of one year to the thirty-first day of August of the next, except for financial year basis as approved by the Director.
	(b)	The Supervisor of such practical school/skills opportunity school, when submitting annual accounts of the school as required by the terms of Section 76 of this Code of Aid, shall attach thereto the audited accounts in respect of such fund; and these accounts shall refer to the same period of time as those of the school, to which they are attached.
Accounts relating to sections of practical schools/skills opportunity schools not subvented under this Code of Aid
79.	(a)	Where the Management Committee of an aided practical school/skills opportunity school operates a private section or a boarding section which does not receive financial assistance under this Code of Aid, the accounts of such private section or boarding section shall be kept separately from those of the aided section and audited; and shall specify any subvention received from departments of the Government other than the Education Department. The accounting year, to which such accounts shall refer, shall be from the first day of September of one year to the thirty-first day of August of the next, except for financial year basis as approved by the Director.
	(b)	The Supervisor of an aided practical school/skills opportunity school shall, when submitting accounts, also submit accounts relating to any private section or boarding section of such school; and these accounts shall refer to the same period of time as those of the aided practical school/skills opportunity school.
Recurrent Grants to be refunded and accounts submitted, if practical school/skills opportunity school ceases to be aided
80.	The Management Committee of an aided practical school/skills opportunity school shall, in the event of that school's ceasing to be an aided school under the terms of this Code of Aid, forthwith repay to the Government any unexpended portion of Recurrent Grants made to the school, and submit a full set of duly audited accounts for the period up to and including the last day of operation of that school as an aided practical school/skills opportunity school.
Outgoing Supervisor to hand over accounts
81.	(a)	If at any time for any cause the Supervisor of an aided practical school/skills opportunity school ceases to act as such, he shall hand over all accounts and records relating to the school, together with any cash belonging to the school which may be in his charge, to such other person as the Director may approve as Supervisor, or, pending the Director's approval of such other person as Supervisor, to the Management Committee of the school.
	(b)	The Supervisor of an aided practical school/skills opportunity school, on ceasing to act as such, shall prepare a certificate listing all accounts and records relating to the school, and any cash belonging to the school which may have been in his charge. This certificate shall be signed by the outgoing Supervisor and by either such other person as the Director may approve as Supervisor, or pending the Director's approval of such other person as Supervisor, by a majority of the members of the School Management Committee. A copy of this certificate together with a certificate prepared by the bank at which the school's accounts are kept, and showing the state of such accounts on the date at which the outgoing Supervisor ceased to act as Supervisor, shall be submitted by the Management Committee of the school to the Director.
	(c)	The Director may require the Management Committee of such practical school/skills opportunity school to submit, in such form and within such period of time as he shall prescribe, full accounts in respect of the period up to and including the day on which the outgoing Supervisor ceased to act as Supervisor.
	(d)	In the event of the Director having required such accounts to be submitted, and the Management Committee having failed to submit them, the Director may require the outgoing Supervisor and the members of the Management Committee, or such of them as he shall determine, severally or jointly to refund to the Government such proportion of grants made to the practical school/skills opportunity school during the period in which the outgoing Supervisor acted as Supervisor as he shall assess.
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