How to Start a School in Hong Kong

Hong Kong’s training market is among the most vibrant within the area, and the town is looking for to develop into a hub for coaching the subsequent technology of regional expertise. On the similar time, as the town seeks to draw extra international expertise, alternatives for personal and worldwide colleges could also be rising after a lull in the course of the COVID-19 pandemic. On this article, we stroll by way of the steps and necessities for opening a faculty in Hong Kong.

Hong Kong has lengthy been dwelling to a profitable training market because of the excessive worth positioned on education by the native authorities and inhabitants. With a big and numerous expat inhabitants and openness to international funding, the town can be dwelling to a variety of famend non-public and worldwide colleges.

Town is now additionally looking for to rework itself right into a regional training hub – a middle for educating and coaching the subsequent technology of high-skilled expertise within the Better Bay Space and past. Furthermore, with looser laws on curricula in addition to non-public worldwide colleges and personal tutoring, Hong Kong continues to current new alternatives for traders within the training subject.

On this article, we offer a quick overview of the laws for establishing a faculty in Hong Kong and undergo the steps and greatest practices to register and run a faculty within the metropolis.

Regulatory surroundings

There are typically no restrictions on international funding in Hong Kong, and international traders are permitted to arrange wholly foreign-owned non-public colleges and academic establishments.

Colleges in Hong Kong, together with worldwide colleges, are regulated by the Training Ordinance and the Training Rules. Underneath the Training Ordinance, a “faculty” is outlined as, “an establishment, group or institution which gives for 20 or extra individuals throughout any sooner or later or 8 or extra individuals at anybody time, any nursery, kindergarten, major, secondary or post-secondary training or some other instructional course by any means, together with correspondence delivered by hand or by way of the postal providers”.

The Training Ordinance regulate the registration and administration of colleges, whereas the Training Rules regulate the premises during which colleges are based mostly, protecting issues resembling well being and security necessities for the buildings, the situation, and the interior structure of the buildings. The Training Ordinance and Training Rules don’t apply to universities in Hong Kong.

All colleges should register or provisionally register with the Everlasting Secretary for Training with the intention to obtain a Certificates of Registration of College (a “Certificates”). The Everlasting Secretary of Training, who heads the Training Bureau, is chargeable for sustaining a register of colleges in Hong Kong. If a day faculty concurrently gives night lessons, the night lessons should be registered as a separate faculty.

Non-academic colleges and coaching facilities, for example, these offering non-academic extra-curricular or vocational coaching, resembling catering, crafts, beautician coaching, and so forth, don’t should be registered with the Training Bureau and might function as a traditional enterprise. Companies working in education-adjacent areas however who don’t present lessons, resembling training platforms or studying software program, additionally don’t must register as a faculty.

Necessities for college premises

The varsity premises should adjust to the next necessities from numerous authorities departments:

Making certain that potential premises for a faculty are compliant with all the above laws might be pretty advanced, and it’s advisable to rent knowledgeable surveyor to evaluate whether or not a given constructing or location is appropriate for a faculty. Additionally it is advisable that the premises are purpose-built for a faculty, as premises which might be transformed from different buildings must obtain clearance from a number of authorities departments to make sure they’re compliant with related laws, which complicates the registration course of. Nevertheless, as this will not at all times be potential, now we have detailed the clearance paperwork required for non-purpose-built faculty premises within the part beneath. The complete pointers will also be discovered right here.

Typically, in accordance with the laws of the Hearth Companies Division, transformed faculty premises could not be situated in:

• Any premises designed for residential use;
• Any industrial constructing, warehouse, cinema, or different premises the place the undertakings could endanger the lives or security of pupils;
• Any premises located at a peak of 30 meters above floor stage; or
• Any premises situated above or beneath a restaurant or membership.

As we are going to focus on beneath, the applying for registration of a faculty in Hong Kong requires receiving approval and clearance from the above departments that the premises adjust to their respective laws.

Rules on classroom dimension

The Training Rules place a cap on the variety of college students which might be permitted to be taught in a classroom by one trainer. This quantity varies relying on the kind of faculty, and the utmost variety of permitted pupils should be written in a outstanding place in every classroom.

The bounds on pupil numbers are as follows:

• 20 pupils for nurseries;
• 30 pupils for kindergartens; and
• 45 pupils for major, secondary, and post-secondary colleges.

Rules of faculty identify

The identify of the college should adjust to sure provisions of the Training Ordinance. If a reputation doesn’t adjust to these necessities, then the Everlasting Secretary for Training could refuse to register the college.

To adjust to related laws, the identify of a faculty should not:

• Be the identical or just like one other registered faculty;
• Be the identical or just like one other faculty whose registration has been canceled;
• Include the phrase “college”, or the Chinese language equal 大學 or 學院;
• Promote the consumption of alcohol, tobacco, or different addictive substances;
• Contravene any Hong Kong regulation or authorities coverage;
• Carry any undesirable, profane, disrespectful, disreputable, or political connotations the place the identify is related to any enterprise or business, people, organizations, or teams; and
• Be deceptive, offensive, or obscene.

Necessities for College Supervisor

All colleges should appoint a College Supervisor, who should be registered with the Everlasting Secretary together with the college. The applying for College Supervisor might be submitted together with the applying to register a faculty.

The Training Ordinance specifies {that a} supervisor should:

• Be a resident in Hong Kong for not less than 9 months annually;
• Be over the age of 18; and
• Be underneath the age of 70, until they will produce a medical certificates issued by a registered medical practitioner inside two months of the date of their utility certifying that the applicant is bodily match to carry out the features of a supervisor.

A supervisor could also be refused registration in the event that they:

• Have had a trainer’s allow canceled;
• Have offered false info or supplies (together with by omission) in reference to an utility for registration of a faculty, supervisor, or trainer, or utility to make use of an individual as a trainer in a faculty;
• Are deemed bankrupt underneath the Chapter Ordinance;
• Have been convicted of a felony offense punishable by imprisonment in Hong Kong or elsewhere; and
• Are deemed unfit to be a supervisor by the Everlasting Secretary.

Organising an academic establishment

Registration of a enterprise

Step one in establishing a faculty or instructional establishment in Hong Kong is to register a enterprise with the Hong Kong Corporations Registry and Enterprise Registration Workplace.

Software for registration of a faculty

Within the desk beneath is the total checklist of paperwork required to use for the Provisional Certificates. Paperwork 1 to 4 beneath are required for colleges arrange in premises that aren’t purpose-built. These paperwork should be obtained upon clearance from the related authorities division to make sure that your faculty premises, constructing plan, well being and security, and different issues adjust to laws. We have now listed the related issuing departments and required supplies to acquire these paperwork.

Processing of Provisional Certificates utility

If full and correct paperwork are submitted, the Training Bureau will typically make choice on the applying inside 10 working days of the paperwork being submitted, though extra time could also be required if the Bureau wants additional clarification on sure supplies or info.

The Training Bureau could concern a Certificates of Provisional Registration of College (“Provisional Certificates”) if the college premises at present don’t totally adjust to the related laws. This Provisional Certificates is legitimate for one yr, and the college is permitted to function throughout this time. The varsity should, nevertheless, take the mandatory steps to develop into totally compliant with all laws inside this era if they’re to obtain a everlasting Certificates of Registration. To obtain a everlasting Certificates, colleges should show to the Training Bureau that they adjust to:

• Necessities on faculty administration (for instance, registration of academics, the appointment of a principal, and pupil enrolment numbers set by the Training Bureau);
• Well being necessities set by the Division of Well being; and
• Necessities set by the Hearth Companies Division or Unbiased Checking Unit (if any).

If a faculty fails to fulfill all the mandatory requirement throughout the one-year validity of the Provisional Certificates, it will likely be unregistered and need to re-apply for a certificates.

Common pointers for operation after registration

The Training Bureau gives a variety of basic pointers and greatest practices for the operation of colleges to make sure the well being and security of their employees and college students and guarantee constant compliance with laws.

Common greatest practices embrace:

• Exhibiting the Certificates or Provisional Certificates in a outstanding place throughout the faculty;
• Exhibiting the utmost variety of college students permitted in a classroom in a outstanding place within the classroom;
• Conducting fireplace drills not less than as soon as each six months; and
• Appointing an applicable class of registered Hearth Service Set up Contractors to examine and keep all fireplace prevention tools and installations not less than each 12 months.

All through the operation of the college, additionally it is crucial that colleges don’t:

• Enroll extra college students than are permitted to be taught in a classroom;
• Impede any exit route or technique of escape from the college;
• Retailer any harmful items within the faculty premises in extra of the accepted quantity;
• Gather any charges in extra of the quantity accepted by the Everlasting Secretary (for fee-paying colleges); and
• Make use of academics that aren’t registered or permitted.

Registering and working a faculty might be complicated, and any errors or oversight could end in delays within the requisite registrations and approvals and potential lack of earnings. For assist with establishing a faculty or different education-related enterprise in Hong Kong, you possibly can seek the advice of our on-the-ground professionals at hongkong@dezshira.com.