Accreditation Of Academic And Vocational Qualifications Ordinance


Published: 2007-07-13

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Cap 592 - ACCREDITATION OF ACADEMIC AND VOCATIONAL QUALIFICATIONS ORDINANCE 1

Chapter: 592 ACCREDITATION OF ACADEMIC AND
VOCATIONAL QUALIFICATIONS ORDINANCE

Gazette Number Version Date


Long title L.N. 90 of 2007 13/07/2007


An Ordinance to provide for matters relating to accreditation of academic and vocational qualifications; and to make
consequential and related amendments to certain enactments.


[Part 1 and sections 9, 10, 16,
and 17


}

13 July 2007
L.N.
90 of 2007

Part 6 and sections 50, 52 and
53


}
1 October 2007
L.N.
90 of 2007

Remaining provisions } 5 May 2008 L.N. 26 of 2008]


(Originally 6 of 2007)

Part: 1 PRELIMINARY L.N. 90 of 2007 13/07/2007




Section: 1 Short title and commencement L.N. 26 of 2008 05/05/2008


(1) This Ordinance may be cited as the Accreditation of Academic and Vocational Qualifications Ordinance.
(2) (Omitted as spent)


Section: 2 Interpretation L.N. 90 of 2007 13/07/2007


In this Ordinance, unless the context otherwise requires—
“Accreditation Authority” (評審當局) means the organization or body specified in Part 1 of Schedule 1;
“accreditation report” (評審報告) means a report produced by the Accreditation Authority under section 5(1);
“accreditation test” (評審考核) means any assessment, evaluation or other activity to determine—

(a) in relation to an operator, whether the operator is competent to achieve the objectives as claimed by the
operator;

(b) in relation to an assessment agency, whether the agency is competent to assess the skills, knowledge or
experience acquired by individuals in relation to an industry or a branch of an industry;

(c) in relation to a learning programme, whether the programme meets a standard to achieve the objectives
of the programme as claimed by its operator; and

(d) in relation to a qualification, whether the skills, knowledge or experience recognized by the
qualification meet a particular standard;

“appointed assessment agency” (受委評估機構) means an assessment agency appointed or re-appointed by the
Secretary under section 8(1)(a) or (b);

“assessment agency” (評估機構) means a person, school, institution, organization or other body—
(a) the whole or part of the business of which includes the assessment of the skills, knowledge or

experience acquired by individuals; and
(b) which grants qualifications recognizing the skills, knowledge or experience acquired by an individual,

after an assessment of those skills, knowledge or experience;
“granting body” (頒授者), in relation to a qualification, means the person, school, institution, organization or other

body which grants the qualification;



Cap 592 - ACCREDITATION OF ACADEMIC AND VOCATIONAL QUALIFICATIONS ORDINANCE 2

“industry” (行業) includes a trade, profession or occupation;
“learning programme” (進修計劃) means a programme of studies or training defined by a curriculum (which may

consist of one or more modules, units, subjects or courses or any combination of those elements) and includes,
where the context permits, any proposed programme of such studies or training;

“operator” (營辦者) means a person, school, institution, organization or other body, the whole or part of the
business of which includes the operation of any learning programme or any part of a learning programme;

“QR Authority” (資歷名冊當局) means the organization or body specified in Part 2 of Schedule 1;
“qualification” (資歷) includes a recognition of the skills, knowledge or experience acquired by an individual;
“Qualifications Framework” (資歷架構) means the framework established and maintained by the Secretary under

section 3(1);
“Qualifications Register” (資歷名冊) means the register established by the Secretary under section 3(3);
“Secretary” (局長) means the Secretary for Education; (Amended L.N. 130 of 2007)
“self-accrediting operator” (自行評審營辦者) means an operator listed in Schedule 2.

Part: 2 QUALIFICATIONS FRAMEWORK AND

QUALIFICATIONS REGISTER
L.N. 26 of 2008 05/05/2008





Section: 3 Establishment of Qualifications Framework and
Qualifications Register

L.N. 26 of 2008 05/05/2008



(1) The Secretary shall establish and maintain a framework, called the Qualifications Framework, which
contains a structure of levels of qualifications.

(2) The Qualifications Framework shall be made available to the public for inspection free of charge at such
place and in such form and at such reasonable times as the Secretary may specify.

(3) The Secretary shall establish a register for entering qualifications recognized under the Qualifications
Framework.

Section: 4 Accreditation Authority L.N. 26 of 2008 05/05/2008


(1) The functions of the Accreditation Authority are—
(a) subject to the direction of the Secretary, to develop and implement the standards and mechanism for

academic or vocational qualifications accreditation to underpin the Qualifications Framework; and
(b) to conduct accreditation tests to determine the matters required to be determined by the Accreditation

Authority under section 8 and Schedule 3.
(2) The Accreditation Authority may perform the functions under subsection (1) on its own or, subject to the

prior approval of the Secretary, jointly with other persons or organizations.
(3) The Accreditation Authority may, in relation to a particular case, delegate the performance of the function

under subsection (1)(b) and any powers necessary for such performance to any person or to any group of persons,
which may include members of the Accreditation Authority.

(4) The Accreditation Authority may—
(a) subject to the prior approval of the Secretary, determine the fees to be charged for the conduct of

accreditation tests and charge such fees;
(b) pay honoraria to a person to whom a function is delegated under subsection (3);
(c) pay the travelling, accommodation or any other expenses reasonably incurred by a person to whom a

function is delegated under subsection (3);
(d) publish and distribute such material (including accreditation reports) as the Accreditation Authority

thinks fit;
(e) determine the fees to be charged for any material published under paragraph (d) and charge such fees;

and
(f) do all things that are necessary for, or incidental or conducive to, the better performance of its

functions under this Ordinance.



Cap 592 - ACCREDITATION OF ACADEMIC AND VOCATIONAL QUALIFICATIONS ORDINANCE 3


Section: 5 Accreditation report L.N. 26 of 2008 05/05/2008


(1) The Accreditation Authority shall, in performing the function under section 4(1)(b) in relation to a
particular case and after conducting the relevant accreditation tests, produce a report stating its determination, the
validity period of the determination and the conditions or restrictions, if any, subject to which the determination is to
have effect.

(2) The Accreditation Authority may vary or withdraw an accreditation report if it is satisfied that—
(a) in any particular case, the report has been produced in reliance on any misleading or false statement,

representation or information, either oral or in writing;
(b) in the case of a report on an operator, the operator is no longer competent to achieve the objectives as

claimed by the operator;
(c) in the case of a report on an assessment agency, the agency is no longer competent to assess the skills,

knowledge or experience acquired by individuals in relation to the relevant industry or branch of
industry;

(d) in the case of a report on a learning programme, the programme no longer meets the standard to
achieve the objectives of the programme as claimed by its operator; or

(e) in the case of a report on a qualification, the skills, knowledge or experience recognized by the
qualification no longer meet the particular standard as determined in the report.

(3) The Accreditation Authority shall, on payment of the fees determined under section 4(4)(a), give a copy of
the accreditation report to the relevant operator, assessment agency or granting body.

(4) If the Accreditation Authority decides to vary or withdraw an accreditation report under subsection (2), it
shall give notice in writing of the decision to the relevant operator, assessment agency or granting body and shall state
in the notice the reason for the decision.

Section: 6 QR Authority L.N. 26 of 2008 05/05/2008


(1) The function of the QR Authority is, subject to the direction of the Secretary, to maintain the Qualifications
Register as provided for in section 7.

(2) The QR Authority may perform the function under subsection (1) on its own or, subject to the prior
approval of the Secretary, jointly with other persons or organizations.

(3) The QR Authority may do all things that are necessary for, or incidental or conducive to, the better
performance of its function under this Ordinance.

Section: 7 Qualifications Register L.N. 26 of 2008 05/05/2008


(1) Subject to the procedure referred to in subsection (2), the QR Authority may—
(a) on payment of the fees determined under subsection (9)(a), enter a qualification coming within any of

the descriptions specified in Schedule 3 into the Qualifications Register and specify the validity period
of such an entry;

(b) on payment of the fees determined under subsection (9)(b) and on or before the date of the expiry of
the validity period of an entry of a qualification in the Qualifications Register, extend the validity
period for such period as the QR Authority thinks fit if the qualification has not ceased to be a
qualification coming within any of the descriptions specified in Schedule 3;

(c) abridge a validity period specified under paragraph (a) if the relevant qualification ceases to be a
qualification coming within any of the descriptions specified in Schedule 3 as in force at the time of
the entry of the qualification into the Qualifications Register;

(d) abridge a validity period extended under paragraph (b) if the relevant qualification ceases to be a
qualification coming within any of the descriptions specified in Schedule 3 as in force at the time of
the most recent extension of the validity period; and

(e) remove an entry of a qualification from the Qualifications Register if the qualification has been entered
into the Qualifications Register—
(i) by mistake; or
(ii) in reliance on any misleading or false statement, representation or information, either oral or in



Cap 592 - ACCREDITATION OF ACADEMIC AND VOCATIONAL QUALIFICATIONS ORDINANCE 4

writing.
(2) The QR Authority shall determine the procedure for—

(a) the entry into or removal from the Qualifications Register of a qualification; and
(b) specifying, extending or abridging the validity period of an entry.

(3) An entry of a qualification in the Qualifications Register shall contain the following information—
(a) the name of the qualification;
(b) the name of the relevant granting body;
(c) the description of the relevant learning programme, and the name of the relevant operator (if different

from the granting body), if applicable;
(d) the relevant level of the Qualifications Framework under which the qualification is recognized;
(e) the registration number assigned by the QR Authority for the entry;
(f) the validity period of the entry;
(g) such other particulars as the QR Authority thinks fit.

(4) The QR Authority may—
(a) correct any error in the Qualifications Register, including any omission from the Qualifications

Register; and
(b) make such amendments to the Qualifications Register as it considers necessary to record a change in

the information contained in the Qualifications Register.
(5) The Qualifications Register shall be made available to the public for inspection free of charge at such place

and in such form and at such reasonable times as the QR Authority may specify.
(6) The purpose of making the Qualifications Register available to the public is to enable any member of the

public—
(a) to ascertain what qualifications are recognized under the Qualifications Framework; and
(b) to ascertain the particulars of such qualifications.

(7) The QR Authority shall not be liable to refund any fee or any part of any fee on the abridgement of a
validity period under subsection (1)(c) or (d) or the removal of an entry of a qualification from the Qualifications
Register under subsection (1)(e)(ii).

(8) The QR Authority shall, after making a decision to—
(a) enter or refuse to enter a qualification into the Qualifications Register under subsection (1)(a);
(b) specify a period as the validity period of an entry of a qualification in the Qualifications Register under

subsection (1)(a);
(c) extend or refuse to extend the validity period of an entry of a qualification in the Qualifications

Register under subsection (1)(b);
(d) abridge the validity period of an entry of a qualification in the Qualifications Register under subsection

(1)(c) or (d); or
(e) remove an entry of a qualification from the Qualifications Register under subsection (1)(e),

give notice in writing of the decision to the relevant operator, assessment agency or granting body and shall state in
the notice the reason for the decision.

(9) The QR Authority may, subject to the prior approval of the Secretary, determine fees to be charged for—
(a) the entry of a qualification into the Qualifications Register and the specification of a validity period of

the entry; and
(b) the extension of the validity period of an entry of a qualification in the Qualifications Register,

and charge such fees.

Section: 8 Appointed assessment agency L.N. 26 of 2008 05/05/2008


(1) The Secretary may—
(a) appoint one or more assessment agencies for such term as the Secretary may specify to grant

qualifications, in relation to an industry or a branch of an industry, for the purposes of the
Qualifications Framework;

(b) re-appoint an appointed assessment agency, on or before the date of the expiry of its term, for such
term as the Secretary may specify; and

(c) impose conditions or restrictions in appointing or re-appointing an assessment agency.
(2) The Secretary shall not appoint or re-appoint an assessment agency under subsection (1) unless the



Cap 592 - ACCREDITATION OF ACADEMIC AND VOCATIONAL QUALIFICATIONS ORDINANCE 5

Accreditation Authority determines that the agency is competent to assess the skills, knowledge or experience
acquired by individuals in relation to the relevant industry or branch of an industry, and in deciding whether to appoint
or re-appoint an assessment agency, the Secretary shall have regard to—

(a) the views of organizations that he considers represent the interests of the relevant industry or branch of
an industry;

(b) the characteristics of the relevant industry or branch of an industry;
(c) the fee charging policy of the agency; and
(d) any other matters that the Secretary considers appropriate in the circumstances.

(3) The Secretary shall keep a list of the names of appointed assessment agencies.
(4) The list of the names of appointed assessment agencies shall be made available to the public for inspection

free of charge at such place and in such form and at such reasonable times as the Secretary may specify.
(5) The Secretary may cancel the appointment or re-appointment of an assessment agency—

(a) if the Accreditation Authority determines that the agency is no longer competent to assess the skills,
knowledge or experience acquired by individuals in relation to the relevant industry or branch of an
industry;

(b) if the Secretary is satisfied that the agency—
(i) is not able to comply or has not complied with any conditions or restrictions imposed under

subsection (1)(c); or
(ii) has, by its acts or omissions, misconducted itself; or

(c) if the Secretary is satisfied that the appointment or the reappointment should be cancelled for any other
reasonable cause.

(6) If the Secretary decides not to re-appoint an assessment agency under subsection (1)(b), he shall send a
notice of his decision to the agency and shall state in the notice the reason for the decision.

(7) If the Secretary cancels the appointment or re-appointment of an assessment agency under subsection (5),
he shall send a notice of cancellation to the agency and shall state in the notice—

(a) the reason for the cancellation; and
(b) the date on which the appointment or re-appointment is to cease to have effect.

(8) If an assessment agency is aggrieved by—
(a) a decision of the Secretary not to re-appoint it under subsection (1)(b); or
(b) a decision of the Secretary—

(i) on the length of its term of re-appointment specified under subsection (1)(b);
(ii) to impose any conditions or restrictions under subsection (1)(c) in respect of its re-appointment;

or
(iii) to cancel its appointment or re-appointment under subsection (5),

the agency may appeal to the Administrative Appeals Board but the appeal shall not affect the operation of the
decision.

Part: 3 APPEAL BOARD L.N. 90 of 2007 13/07/2007




Section: 9 Interpretation of Part 3 L.N. 90 of 2007 13/07/2007


In this Part—
“appeal” (上訴) means an appeal under section 11;
“Appeal Board” (上訴委員會) means the appeal board established under section 10(1);
“appellant” (上訴人) means an operator, assessment agency or granting body lodging a notice of appeal under

section 11;
“Chairman” (主席) means the chairman of the Appeal Board appointed under section 10(2)(a);
“Deputy Chairman” (副主席) means a deputy chairman of the Appeal Board appointed under section 10(2)(b);
“panel member” (備選委員) means a member of the panel of persons appointed under section 10(2)(c);
“presiding officer” (審裁官), in relation to an appeal, means the presiding officer referred to in section 12(1)(a).




Cap 592 - ACCREDITATION OF ACADEMIC AND VOCATIONAL QUALIFICATIONS ORDINANCE 6

Section: 10 Establishment of Appeal Board, etc. L.N. 90 of 2007 13/07/2007


(1) For the purposes of considering and deciding appeals, there is established an appeal board.
(2) The Secretary shall appoint—

(a) a person to be the chairman of the Appeal Board;
(b) one or more persons to be the deputy chairman or deputy chairmen of the Appeal Board; and
(c) a panel of persons whom the Secretary considers suitable for selection under section 12(1)(b) as

members of the Appeal Board.
(3) A person may be appointed under subsection (2) only if—

(a) he is a person whom the Secretary considers suitable for appointment by reason of his—
(i) expertise or experience in quality assurance or the conduct of accreditation tests; or
(ii) good standing in the field of education or training or in any industry; and

(b) he is not a member of the Accreditation Authority or of the QR Authority.
(4) A person appointed under subsection (2) may at any time resign by notice in writing to the Secretary.
(5) An appointment under subsection (2) shall be notified in the Gazette.
(6) If the Chairman, due to absence from Hong Kong or for any other reason, is unable to act as Chairman for

any period, a Deputy Chairman designated by the Chairman for the purposes of this subsection shall act in the place of
the Chairman for that period.

(7) The remuneration, if any, of the Chairman, a Deputy Chairman and a panel member shall be paid at a rate
that the Secretary determines.

Section: 11 Appeal to Appeal Board L.N. 26 of 2008 05/05/2008


(1) An operator, assessment agency or granting body aggrieved by—
(a) a determination of the Accreditation Authority, as stated in an accreditation report;
(b) a decision of the Accreditation Authority on the length of the validity period of a determination of the

Authority, as stated in an accreditation report;
(c) a decision of the Accreditation Authority as to the conditions or restrictions subject to which a

determination of the Authority is to have effect, as stated in an accreditation report;
(d) a decision of the Accreditation Authority referred to in section 5(4);
(e) a decision of the QR Authority referred to in section 7(8); or
(f) a decision made by the Accreditation Authority or the QR Authority under section 15(b),

made in respect of him or it may appeal to the Appeal Board.
(2) An operator, assessment agency or granting body wishing to appeal under subsection (1) shall lodge a

notice of appeal with the Appeal Board in such form as the Chairman may specify—
(a) within 30 days of the receipt by the operator, assessment agency or granting body of a copy of the

accreditation report under section 5(3) or the notice of the decision under section 5(4), 7(8) or 15(c), as
the case may be; or

(b) within such further period as the Chairman may allow.

Section: 12 Members of Appeal Board L.N. 26 of 2008 05/05/2008


(1) For the purposes of an appeal, the Appeal Board shall consist of—
(a) the Chairman or a Deputy Chairman, as determined by the Chairman, who shall preside at meetings

and hearings held for the appeal (“presiding officer”); and
(b) not less than 2 and not more than 6 panel members selected by the presiding officer.

(2) If the presiding officer who is a Deputy Chairman or a panel member selected under subsection (1)(b), due
to absence from Hong Kong or for any other reason, is unable to act as presiding officer or a member of the Appeal
Board for the purposes of the relevant appeal for any period, the Chairman may, as the case may be—

(a) act in the place of the presiding officer for that period or select another Deputy Chairman to act in the
place of the presiding officer for that period; or

(b) select another panel member to act in the place of such member of the Appeal Board for that period.
(3) If the term of appointment of the presiding officer or of a panel member selected under subsection (1)(b)

expires before the Appeal Board makes a decision under section 14(2)(a) for the relevant appeal, the presiding officer



Cap 592 - ACCREDITATION OF ACADEMIC AND VOCATIONAL QUALIFICATIONS ORDINANCE 7

or panel member may continue to act as presiding officer or a member of the Appeal Board for the purposes of that
appeal until such a decision is made.

Section: 13 Procedure L.N. 26 of 2008 05/05/2008


(1) The Appeal Board may, with the consent of the parties to an appeal, consider and decide the appeal on the
basis of written submissions only without holding a hearing to receive oral representations.

(2) In considering an appeal, every question before the Appeal Board shall be determined by the opinion of the
majority of the members of the Appeal Board voting on the question, and in the case of an equality of votes the
presiding officer shall have a second or casting vote.

(3) Subject to subsection (4), a party to an appeal is entitled to be heard in person or through its authorized
representative.

(4) A counsel or solicitor is not entitled to be heard before the Appeal Board unless—
(a) he is acting on his own behalf as a party to an appeal; or
(b) he is an officer or employee of a party to an appeal and is acting as the authorized representative of the

party.
(5) Any hearing held in connection with an appeal to receive oral representations shall take place in public, but

if the Appeal Board after consulting the parties to the appeal is satisfied that it is desirable to do so, it may direct that
the whole or part of the hearing shall take place in private and give directions as to the persons who may be present.

Section: 14 Functions of Appeal Board L.N. 26 of 2008 05/05/2008


(1) For the purposes of an appeal, the Appeal Board may—
(a) determine any matter of practice or procedure relating to the appeal where no provision governing such

matter is made in this Ordinance or in any rules made under section 17(2);
(b) receive and consider any material, whether by way of oral evidence, written statements, documents or

otherwise, and whether or not it would be admissible in a court of law; and
(c) by notice in writing, request any person—

(i) to produce to the Appeal Board any document or article that is relevant to the appeal and is in his
custody or under his control; or

(ii) to appear before the Appeal Board and to give evidence relevant to the appeal.
(2) After considering an appeal, the Appeal Board shall—

(a) make a decision to—
(i) confirm, vary or reverse the determination or decision under appeal or substitute any other

determination or decision for the determination or decision under appeal; or
(ii) subject to subsection (3), direct the Accreditation Authority or the QR Authority, as the case may

be, to review the determination or decision under appeal within such period as the Appeal Board
may specify; and

(b) notify the Accreditation Authority or the QR Authority, as the case may be, and the appellant in
writing of its decision and the reasons for the decision.

(3) Subsection (2)(a)(ii) does not apply in relation to an appeal against a decision made under section 15(b).

Section: 15 Review of determination or decision under appeal L.N. 26 of 2008 05/05/2008


After receiving a notice from the Appeal Board of a decision under section 14(2)(a)(ii), the Accreditation
Authority or the QR Authority, as the case may be, shall, within such period as the Appeal Board may specify—

(a) review the determination or decision under appeal;
(b) make a decision to confirm, vary or reverse the determination or decision under appeal or substitute

any other determination or decision for the determination or decision under appeal; and
(c) notify the Appeal Board and the appellant in writing of its decision and the reasons for the decision.





Cap 592 - ACCREDITATION OF ACADEMIC AND VOCATIONAL QUALIFICATIONS ORDINANCE 8

Section: 16 Protection of Chairman, Deputy Chairman or panel
member

L.N. 90 of 2007 13/07/2007



The Chairman, a Deputy Chairman or a panel member, acting in good faith, shall not be personally liable for any
act done or default made by him, in the exercise or purported exercise of the powers conferred by this Part or in the
performance or purported performance of the functions or duties imposed under this Part.

Section: 17 Appeal rules L.N. 90 of 2007 13/07/2007


(1) There is established a rules committee consisting of—
(a) the Chairman;
(b) all Deputy Chairmen; and
(c) not less than 6 and not more than 8 panel members selected by the Secretary.

(2) The rules committee may make rules—
(a) to provide for the lodging of appeals; and
(b) generally for regulating the practice and procedure of the Appeal Board.

(3) The power to make rules under subsection (2) may be exercised at any meeting of the rules committee by a
majority of its members present, and in the case of an equality of votes the Chairman shall have a second or casting
vote.

(4) No rule made under subsection (2) shall come into operation before the expiry of the period within which a
resolution providing for the amendment of the rule may be passed in accordance with section 34 of the Interpretation
and General Clauses Ordinance (Cap 1).

(5) The Chairman shall preside at meetings of the rules committee.
(6) The quorum for a meeting of the rules committee shall be two-thirds of its members (including the

Chairman).

Part: 4 OFFENCES AND ENFORCEMENT L.N. 26 of 2008 05/05/2008




Section: 18 Advertisements relating to the Qualifications Framework
and the Qualifications Register

L.N. 26 of 2008 05/05/2008



(1) No person shall publish or cause to be published an advertisement which claims, represents or holds out
that a qualification obtainable from a granting body or from the completion of a learning programme is recognized
under the Qualifications Framework unless—

(a) all of the following information is contained in the advertisement—
(i) the relevant level of the Qualifications Framework under which the qualification is recognized;
(ii) the registration number assigned by the QR Authority for the entry of the qualification in the

Qualifications Register;
(iii) the validity period of the entry; and

(b) at the time of the publication of the advertisement, the information referred to in paragraph (a) and
contained in the advertisement corresponds to the information contained in the entry referred to in
paragraph (a)(ii).

(2) No person shall publish or cause to be published an advertisement which claims, represents or holds out
that a person, school, institution, organization or other body is an appointed assessment agency unless the person,
school, institution, organization or body is an appointed assessment agency at the time of the publication of the
advertisement.

(3) Any person who contravenes subsection (1) or (2) commits an offence and is liable on conviction to a fine
at level 5.

(4) Where a person is charged with an offence under subsection (3), it shall be a defence for the person charged
to prove—

(a) that—
(i) he carries on the business of publishing or arranging for the publication of advertisements;
(ii) he received the advertisement for publication in the ordinary course of his business; and



Cap 592 - ACCREDITATION OF ACADEMIC AND VOCATIONAL QUALIFICATIONS ORDINANCE 9

(iii) he published the advertisement in reliance on a statement made to him by the person who caused
it to be published to the effect that the publication would not constitute an offence under
subsection (3) and it was reasonable for him to rely on the statement; or

(b) that he took all reasonable steps and exercised all due diligence to prevent the commission of the
offence.

(5) For the purposes of this section, an advertisement may be constituted by any words, whether written or
spoken, or any picture, drawing, visual image, figure or article—

(a) appearing in any publication; or
(b) brought to the notice of the general public or any section of the general public in any other way.

(6) For the purposes of this section, “publish” (發表) includes broadcast or otherwise disseminate.

Section: 19 Misleading or false statement, representation or

information
L.N. 26 of 2008 05/05/2008



(1) A person who, either orally or in writing, makes any statement or representation or furnishes any
information to a specified authority in connection with the performance of its functions under this Ordinance which
the person knows or reasonably ought to know is misleading or false in a material respect commits an offence and is
liable on conviction to a fine at level 5.

(2) In subsection (1), “specified authority” (指明當局) means—
(a) the Accreditation Authority;
(b) the QR Authority;
(c) a person or an organization with whom the Accreditation Authority jointly performs a function in

accordance with section 4(2);
(d) a person or group of persons to whom the performance of a function is delegated under section 4(3);
(e) a person or an organization with whom the QR Authority jointly performs a function in accordance

with section 6(2); or
(f) the Appeal Board within the meaning of Part 3.


Section: 20 Power of entry, search, seize, etc. L.N. 26 of 2008 05/05/2008


(1) Where a warrant has been issued under subsection (2) in respect of any premises, an inspection officer or a
police officer may—

(a) at any time, using such force as may be necessary, enter and search such premises;
(b) detain any person found in such premises, during such period as is reasonably required to permit any

such search to be carried out, where that person might prejudice the purpose of such search if he were
not so detained; and

(c) inspect, seize and detain anything which is or appears to him to be or to contain, or to be likely to be or
to contain, evidence of the commission of an offence under this Ordinance.

(2) Where a magistrate is satisfied by information on oath that there are reasonable grounds for believing that—
(a) an offence under this Ordinance is being or has been committed in any premises; or
(b) there is or may be in any premises anything which is or contains, or is likely to be or to contain,

evidence of the commission of an offence under this Ordinance,
he may issue a warrant authorizing any inspection officer or police officer to enter such premises.

(3) If an inspection officer or a police officer is requested to produce proof of his authority, he shall not
exercise any power conferred by subsection (1) unless he has produced the proof of his authority as requested.

(4) An inspection officer or a police officer may, in the exercise of the powers conferred by subsection (1)—
(a) break open any door of any premises which he is empowered to enter under that subsection; and
(b) remove by force any person or thing obstructing him in the exercise of such powers.

(5) Any person who obstructs an inspection officer or a police officer in the exercise of any power conferred by
subsection (1) or (4) commits an offence and is liable on conviction to a fine at level 3.

(6) In this section, “inspection officer” (視察人員) means any public officer authorized by the Secretary in
writing either generally or in any particular case to be an inspection officer for the purposes of this section.




Cap 592 - ACCREDITATION OF ACADEMIC AND VOCATIONAL QUALIFICATIONS ORDINANCE 10

Part: 5 MISCELLANEOUS L.N. 26 of 2008 05/05/2008




Section: 21 Determination and approval of fees L.N. 26 of 2008 05/05/2008


(1) The amount of any fee determined under this Ordinance shall not be limited by reference to the amount of
administrative or other costs incurred or likely to be incurred in relation to the matter to which such fee relates, and
different fees may be determined for the same type of matter in order to provide for particular circumstances or
particular cases.

(2) Each of the Accreditation Authority and the QR Authority shall in each year submit to the Secretary for his
prior approval—

(a) a statement of its fee charging policy in relation to the exercise of its power and performance of its
functions or duties under this Ordinance; and

(b) a schedule of its fees which require approval of the Secretary under this Ordinance.
(3) In approving any fee under this Ordinance, the Secretary may approve the amount of the fee proposed to be

charged in relation to the relevant matter or may approve a maximum fee that may be charged in relation to such
matter or any type of matter.

(4) Each of the Accreditation Authority and the QR Authority may refund, reduce or waive any fees charged by
it under this Ordinance, either generally or in any particular case.

Section: 22 Secretary may amend Schedules 1, 2 and 3 L.N. 26 of 2008 05/05/2008


(1) The Secretary may by order published in the Gazette amend Schedules 1, 2 and 3.
(2) An order under this section may contain such incidental, consequential, supplemental, transitional or

savings provisions as may be necessary or expedient in consequence of the order.

Section: 23 Protection of members, employees, etc. of Accreditation

Authority or QR Authority, etc.
L.N. 26 of 2008 05/05/2008



(1) A member or employee of the Accreditation Authority or the QR Authority or a person delegated under
section 4(3), acting in good faith, shall not be personally liable for any act done or default made by—

(a) the Accreditation Authority or the QR Authority, as the case may be; or
(b) any such member, employee or person,

in the exercise or purported exercise of the powers conferred by this Ordinance or in the performance or purported
performance of the functions or duties imposed under this Ordinance.

(2) The protection conferred under subsection (1) on any member, employee or other person in respect of any
act or default shall not affect any liability of the Accreditation Authority or the QR Authority, as the case may be, for
that act or default.

Part: 6 CONSEQUENTIAL AND RELATED AMENDMENTS

TO THE HONG KONG COUNCIL FOR ACADEMIC
ACCREDITATION ORDINANCE

L.N. 90 of 2007 01/10/2007





Section: 24 (Omitted as spent) 02/10/2007




Section: 25 (Omitted as spent) 02/10/2007




Section: 26 (Omitted as spent) 02/10/2007






Cap 592 - ACCREDITATION OF ACADEMIC AND VOCATIONAL QUALIFICATIONS ORDINANCE 11

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Section: 42 (Omitted as spent) 02/10/2007




Section: 43 (Omitted as spent) 02/10/2007






Cap 592 - ACCREDITATION OF ACADEMIC AND VOCATIONAL QUALIFICATIONS ORDINANCE 12

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Section: 47 (Omitted as spent) 02/10/2007




Section: 48 (Omitted as spent) 02/10/2007




Part: 7 CONSEQUENTIAL AND RELATED AMENDMENTS
TO OTHER ENACTMENTS

L.N. 26 of 2008 05/05/2008





Section: 49 (Omitted as spent) 06/05/2008




Section: 50 (Omitted as spent) 02/10/2007




Section: 51 (Omitted as spent) 06/05/2008




Section: 52 (Omitted as spent) 02/10/2007




Section: 53 (Omitted as spent) 02/10/2007




Schedule: 1 ACCREDITATION AUTHORITY AND QR
AUTHORITY

L.N. 26 of 2008 05/05/2008



[sections 2 & 22]


PART 1


ACCREDITATION AUTHORITY


The Hong Kong Council for Accreditation of Academic and Vocational Qualifications established under section 3(1)
of the Hong Kong Council for Accreditation of Academic and Vocational Qualifications Ordinance (Cap 1150).


PART 2


QR AUTHORITY


The Hong Kong Council for Accreditation of Academic and Vocational Qualifications established under section 3(1)

of the Hong Kong Council for Accreditation of Academic and Vocational Qualifications Ordinance (Cap 1150).




Cap 592 - ACCREDITATION OF ACADEMIC AND VOCATIONAL QUALIFICATIONS ORDINANCE 13

Schedule: 2 SELF-ACCREDITING OPERATORS L.N. 26 of 2008 05/05/2008


[sections 2 & 22 &
Schedule 3]


1. The Chinese University of Hong Kong
2. City University of Hong Kong
3. Hong Kong Baptist University
4. The Hong Kong Institute of Education (excluding learning programmes which are not learning programmes in

teacher education)
5. The Hong Kong Polytechnic University
6. The Hong Kong University of Science and Technology
7. Lingnan University
8. The Open University of Hong Kong
9. University of Hong Kong

Schedule: 3 DESCRIPTIONS OF QUALIFICATIONS THAT MAY

BE ENTERED INTO THE QUALIFICATIONS
REGISTER

L.N. 26 of 2008 05/05/2008



[sections 4, 7 & 22]

1. A qualification obtainable from the completion of a learning programme, where the Accreditation Authority

determines that—
(a) the operator of the learning programme is competent to operate learning programmes that meet QF

standards; and
(b) the learning programme meets a QF standard.


2. A qualification obtainable from the completion of a learning programme operated by a self-accrediting operator,

where—
(a) the programme has not been excluded in the brackets, if any, next to the name of that self-accrediting

operator in Schedule 2; and
(b) the self-accrediting operator determines that the programme meets a QF standard.


3. A qualification obtainable from the completion of a learning programme, where—

(a) the Accreditation Authority determines that the operator of the programme is competent—
(i) to ensure that the programmes operated by the operator meet QF standards; and
(ii) to determine whether the programmes operated by the operator meet QF standards; and

(b) the operator determines, within any conditions or restrictions referred to in section 5(1) of the
Ordinance, that the programme meets a QF standard.


4. A qualification in relation to an industry or a branch of an industry, obtainable from an appointed assessment

agency appointed in relation to that industry or that branch, where the appointed assessment agency determines,
within any conditions or restrictions imposed by the Secretary under section 8(1)(c) of the Ordinance, that the
qualification meets a QF standard.


Note: In this Schedule, “meet a QF standard” (達到資歷架構標準)—

(a) in relation to a learning programme, means the programme meets a standard such that the skills,
knowledge or experience acquired on the completion of the programme meet all or part of the
requirements under a level of the Qualifications Framework; or

(b) in relation to a qualification, means the skills, knowledge or experience recognized by the qualification
meet all or part of the requirements under a level of the Qualifications Framework.

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