1964_EDUCATION_ORDINANCE — Page 49

48

CAP. 279]

Education

[1985 Ed.

Evidence.

Liability of landlord and tenant of premises in which school is unlawfully operated.

(m) contravenes section 86; or

(n) is an owner or a manager of a school which contravenes

section 86,

shall be guilty of an offence and shall be liable on conviction to a fine of $5,000 and to imprisonment for 2 years.

(BA)

(4) If a registered manager of a school is charged with an offence by reason of being a member of a management committee which has contravened a provision of this Ordinance specified in subsection (2)(a) or in subsection (3)(g), it shall be a defence to the charge if he proves that-

(a) the other members of the management committee con- travened such provision without his knowledge or consent;

or

(b) he took all reasonable steps to prevent the other members of the management committee from contravening such provision.

88. In any prosecution for an offence against this Ordinance- (a) if it is proved that any equipment, materials or documents of an educational nature or suitable for the purposes of a school were found at any place, it shall be presumed until the contrary is proved that a school was being operated at such place;

(b) if it is proved that any person did any act in connexion with the organization or operation of a school, it shall be presumed until the contrary is proved that such person took part in the management of such school; and

(c) if it is proved that any person was in charge of or issued instructions to any person under 21 years of age in any school premises, it shall be presumed until the contrary is proved that the first-mentioned person was teaching in that school.

89. (1) A magistrate may, if satisfied that-

(a)

a school which is not registered or provisionally registered is being operated in any premises; or

(b) a school is being operated in any premises which are not specified in the certificate of registration or provisional registration of the school,

order that a notice in writing of the fact shall be served on the landlord and the tenant of the premises or, if the landlord or tenant is absent or under disability, on his attorney or agent or the rent collector of the landlord or, if the landlord or tenant is a corpora- tion, on the secretary or manager of the corporation.