| (Cap 493 section 40) [The Rules, other than section 5(3)(a) and (4)］ 20 June 1997 L.N. 353 of 1997 Section 5(3)(a) and (4) ［1 December 1997 L.N. 568 of 1997] (L.N. 265 of 1997) Cap 493B s 1 (Omitted as spent) (Omitted as spent) Cap 493B s 2 Interpretation In these Rules, unless the context otherwise requires- "publish" (发表) includes broadcast and otherwise disseminate; "purely distance learning course" (纯遥距学习课程) means a course of education which, but for the operation of section 2(5) or (6) of the Ordinance, would have fallen within the definition of "regulated course" in section 2(1) of the Ordinance by virtue of section 2(4) of the Ordinance. Cap 493B s 3 Publication of advertisements (1) No person shall publish, or cause to be published, for distribution to or general reception by the public in Hong Kong any advertisement with respect to a registered course or an exempted course, or any part thereof, unless- (a) there is stated clearly in the advertisement- (i) in the case of a registered course or any part thereof, the registration number (if any) of the course as set out in the certificate of registration issued in respect of the course under section 10(9) of the Ordinance; (ii) in the case of an exempted course or any part thereof, that the course is an exempted course; and(b) the advertisement contains- (i) if the advertisement is in the English language only, a statement which reads "It is a matter of discretion for individual employers to recognize any qualification to which this course may lead"; (ii) if the advertisement is in the Chinese language only, a statement which reads "个别雇主可酌情决定是否承认本课程可令学员获取的任何资格"; (iii) in any other case, both of the statements set out in subparagraphs (i) and (ii).(2) No person shall publish, or cause to be published, for distribution to or general reception by the public in Hong Kong with respect to a regulated course or a purely distance learning course, or any part thereof, any advertisement which contains any statement or representation which is false or misleading in a material particular as to- (a) whether or not the course is- (i) a regulated course; (ii) a registered course; (iii) an exempted course; (iv) a purely distance learning course;(b) any recognition in respect of any qualification to which the course or any part thereof may or is claimed to lead; (c) any employment or remuneration opportunities which may be or are claimed to be open to persons studying or completing the course or any part thereof.(3) Subject to subsection (4), a person who contravenes subsection (1) or (2) commits an offence and is liable on conviction- (a) in the case of contravention of subsection (1), to a fine at level 3; (b) in the case of contravention of subsection (2), to a fine at level 4 and to imprisonment for 6 months.(4) Where a person is charged for contravention of subsection (3) in respect of an advertisement, it shall be a defence for such person to prove- (a) that he carried on the business of publishing or arranging for the publication of advertisements, that he received the advertisement for publication in the ordinary course of business, and that at the time he published the advertisement he had no reason to believe that the contravention would occur by reason of the publication of the advertisement; or (b) that he took all reasonable steps and exercised all due diligence to avoid the contravention. Cap 493B s 4 Refund of fees and charges collected (1) Where any fees and charges, however described, have been collected in respect of a registered course or an exempted course, there shall be refunded- (a) in the case of a registered course, within 1 month of the registration of the course being cancelled under section 14 of the Ordinance, such of the fees and charges that have been collected in respect of any part of the course falling to be conducted on or after the date on which the cancellation comes into effect under section 16 of the Ordinance; (b) in the case of an exempted course, within 1 month of the course being removed from the register of exempted courses within the meaning of section 7(1) of the Ordinance upon its ceasing to be an exempted course within the meaning of section 8 of the Ordinance, such of the fees and charges that have been collected in respect of any part of the course falling to be conducted on or after the date of the course ceasing to be such an exempted course; (c) within 1 month of the premature cessation of any such course, such of the fees and charges that have been collected in respect of any part of the course falling to be conducted on or after the date of the cessation.(2) Where any fees or charges collected in respect of any part of a registered course or an exempted course are not refunded in accordance with subsection (1), the operator of the course commits an offence and is liable on conviction to a fine at level 4 and to imprisonment for 6 months. |
