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"The Government has so far not received any substantiated complaints about the quality of such courses or misleading advertisements on them. However, in view of the prevalence of non-local courses being marketed locally, the Government recognises the need to protect consumers' interests and to uphold Hong Kong's international reputation as a place which attaches great importance to the quality of all higher academic and professional qualifications," the spokesman said.

Any regulated course conducted in collaboration with a LTI or APSC will be exempt from registration if the executive head of the LTI or APSC certifies that the course is a collaborative venture meeting the standard required of a registered course.

"In the case of LTIs which receive government funding, the heads will also have to certify that the course is not financed by any fund allocated to it by the Government out of the general revenue," he said.

After the enactment of the proposed legislation, the Education (Overseas Tertiary Institutions) (Exemption) Order made in 1993 under the Education Ordinance to provide similar exemption from registration will be repealed.

The new legislation will also regulate the advertisements of regulated courses. No person will be allowed to advertise any regulated course that has not been registered or exempted to recruit students for the course. Neither will any person be allowed to issue any false or misleading advertisements on any regulated course.

In order to achieve wider consumer protection, the control over false or misleading advertisement will also apply to purely distance learning courses.

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However, the new legislation will not require registration of those purely mail, which

conducted solely through distance learning telecommunication (for example, TV, radio, or computer network), or sale of materials in commercial outlets, but without the institutions, professional bodies or their agents being physically present in Hong Kong.

This is to balance the interests of consumer protection against any unnecessarily broad restriction on freedom of expression, including the freedom to seek, receive and impart information and ideas of all kinds, which is guaranteed under the Bill of Rights.

"Operators of purely distance learning courses are welcome to apply for registration on a voluntary basis," he said.