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"The key phrase in section 7(1) of the Education Ordinance
is 'may advise'. It emphasizes the advisory nature of the
Board and implies the discretion of the Governor to refer
or not refer appropriate educational matters to the Board
for advice (and, indeed, to accept or reject such advice).
This is reinforced by Section 6 which enables the Governor
to give directions to the Director of Education and other
public officers. On the other side of the coin Section
7(1) also indicates the discretion of the Board to offer
advice on appropriate educational matters to the Governor
on its own initiative. As to the interpretation of the
phrase 'educational matters', it might perhaps be argued
that all educational matters are the Board's concern but
to take this view is to ignore the scope of the Education
Ordinance under which the Board is appointed and the
practical constraints upon the government and Board
members alike which make the Board's direct involvement
in all educational matters impossible. Clearly discretion
has to be exercised in the selection of appropriate
educational matters on which the Board's advice is sought.
"This begs the question of what educational matters are
considered 'appropriate' and what others inappropriate'.
The government is of the view that, in principle, matters
within the following areas would not be appropriate:-
(i) the affairs of the educational institutions which
are excluded from the scope of the Education Ordinance
by Section 2 (i.e. the Universities, the Polytechnic
and the Approved Post-Secondary Colleges);