1958-HKRS28-8-25_Part01 — Page 13

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Repeal and 35. Section 36 of the principal Ordinance is repealed and replacement replaced by the following-

of section 36.

Amendment

of section 37.

"Further appeal to Governor in Council

36. (1) The Director or the appellant may make further appeal by way of petition to the Governor in Council from a decision of the Appeals Board within fourteen days of the service of notice of such decision.

(2) On

consideration of such petition, the Governor in Council may confirm, reverse or vary the decision of the Board.".

36. Section 37 of the principal Ordinance is amended by-

(a) the deletion of subsection (1) and the substitution therefor

of the following-

"(1) Notwithstanding any other provision of this Ordinance, if it appears to the Governor in Council that it would be prejudicial to the public interest or the welfare of pupils or of education generally that any school, manager or teacher should be registered or continue to be registered or that any person should be or continue to be a permitted teacher, the provisions of this section shall apply.";

(b) the deletion of subsection (2) and the substitution therefor

of the following-

**(a) The Governor in Council may cause to be served upon the supervisor or proposed supervisor of such school, or upon such manager or proposed manager, such teacher or the supervisor of the school in which such person is or is to be employed as a teacher, a notice in writing referring to this section and calling upon him to show cause why the registra- tion of such school, manager or teacher or permit to employ such person as a teacher should not be refused or cancelled.";

(c) the deletion from subsection (3) of the words "authority for such person to teach" and the substitution therefor of the following-

"permit to employ such person as a teacher''

(d) the deletion from subsection (4) of the words "teacher or other person" and the substitution therefor of the following-

"or teacher":

(e) the deletion from subsection (6) of the words "an authority for an unregistered teacher to teach" and the substitution therefor of the following-

"a permit to employ as a teacher a person who is not registered as a teacher"; and

() the addition, at the end thereof, of the following new

subsections—

"(8) Where, at the time cancellation of the registration of a manager is ordered under subsection (6), such manager is also registered as manager of another school or schools, the Director shall also cancel the registration of that person as a manager of such other school or schools.

(9) Where, under subsection (6), the registration of a manager or teacher or a permit to employ as a teacher a person who is not registered as a teacher is cancelled, sucli manager or teacher or the person in respect of whom such permit was issued shall not thereafter be registered either as a manager or a teacher nor shall a permit be issued under section 26 in respect of such manager, teacher or person:

Provided that the Governor may, in his discre- tion in any particular case, waive the provisions of this subsection either permanently or for such period or subject to such conditions as he thinks fit.".

37. Section 38 of the principal Ordinance is repealed and Repeal and replaced by the following-

"Efect of closure. under section 97. of

school on managera and teachers.

38. (1) Where, under subsection (6) of section 37, the registration of a school has been cancelled, the Director shall cancel the registration of all the man- agers thereof and if any manager of such school is also registered as manager of another school or schools, the Director shall, at the same time, also cancel the registration of such person as a manager of such other school or schools.

replacement of section 98.