1971-HKRS29-8-38_Part03 — Page 51

Authenticated Laws 確真本香港法例 All

(CD). 104.)

(iii) at the time of erection of the premises in or in part of which the school is to be operated, the Buildings Ordinance did not apply to such premises.

a certificate from an authorized architect that the prem- ises in or in part of which the school is to be operated are in sound structural condition.

(2) An application to the competent authority, the Building Authority or the Director of Fire Services for a certificate or a notice required for the purposes of subsection (1) shall be--

(a) made in such form as the Director shall specify; and (b) accompanied by e plan. drawn to such scale and with such number of copies as the Director shall specify, of the premises or the part of the premises in which the school is to be operated.

(3) The Director of Public Works may, where he is the competent authority for the purposes of paragraphs (a) and (5) of subsection (1), appoint any officer of the Public Works Depart- ment to perform the functions of the competent authority under those paragraphs.

(4) Nothing in this section shall affect the powers of the Building Authority under the Buildings Ordinance.

(5) For the purposes of this section. "competent authority"

means-

(a) in the case of any premises or part of any premises which are situated in an area which has been set aside or has been deemed to have been set aside as a cottage resettle- ment area under section 37 of the Resettlement Ordin- ance, the person who is appointed under section 36 of that Ordinance to be the competent authority for the purpose of Part V of that Ordinance;

(b) in the case of any premises or part of any premises which are situated in an area which has been set aside as a Class I area or a Class 11 area under section 50A of the Resettlement Ordinance, the person who is appointed under section 50B of that Ordinance to be the competent authority for the purposes of Part VA of that Ordinance; and

(c) in any other case, the Director of Public Works and any officer of the Public Works Department appointed by him under subsection (3),

13. On receiving an application in accordance with section 11, the Director shall make such inquiry as he considers necessary and shall determine the application—

(a) by registering the school in respect of which the applica-

tion is made; or

(b) by refusing under section 14 to register the school.

14. (1) The Director may refuse to register a school if it appears to him-

(2) that there would be any danger to persons using the proposed school premises, whether arising inside or out- side the premises, or that there would be a risk of any such danger;

(5) that the proposed school premises are or are likely to be for any reason unsuitable for use for the purposes of a school:

(c) that any provision of this Ordinance is being or will

be contravened in respect of the school:

(d) that the proposed inclusive fee is excessive having regard to the cost of maintaining and operating the school and to the standard of education to be provided;

(e) that the qualifications and experience of the proposed teachers are not adequate to ensure the satisfactory operation of the school;

() that the proposed salaries of the teachers are not ade- quate to ensure the satisfactory operation of the school; () that the proposed school premises or the equipment which is to be used by the school will not allow of satisfactory tuition in the subjects to be taught by the school:

(A) that adequate educational facilities already exist in the area in which it is proposed to operate the school; that the composition of the proposed management com- mittee or of the proposed teaching staff is such that the school is not likely to be managed satisfactorily, or is such that the education of the pupils is not likely to be promoted in a proper manner;

(j) that the composition of the proposed management com- mittes or the proposed teaching staff is the same or substantially the same as that of a school which the Director has previously refused to register, or the regis- tration or provisional registration of which the Director has previously cancelled;

Registration of school,

Grounds for refusal 10 register school.

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