Parent Manager Election

Section 40AO(1) of the Education Ordinance stipulates that the IMC of a school may recognize one body of persons (however described) as recognized parent-teacher association for the purposes of making nomination of parent manager and alternate parent manager. Separately, section 40AO(3) stipulates that a body of persons shall not be recognized unless under its constitution only (a) parents of current pupils of the school; or (b) serving teachers of the school, may elect or become office-bearers of the body.

Section 40AO(5)(b) stipulates that a person nominated as a parent manager must not be a teacher of the school. If a teacher who is a parent of the current pupil of the school, he can only be elected as a manager through the teacher manager election. Separately, section 40AO(5)(c)(ii) stipulates that all parents of the current pupils of the school have equal voting right and right of candidature.

However, candidates should note the registration requirements of managers set out in section 30 of the Education Ordinance. In the event that it falls under the circumstances specified in section 30, parents may stand for the parent manager election, but his application for manager registration may be refused. As for the grounds for refusal to register manager, please refer to section 30 of the Education Ordinance.

According to the interpretation in section 40AB of the Education Ordinance, “parent”, in relation to a pupil, includes a guardian of the pupil and a person who is not the parent or guardian of the pupil but has the actual custody of the pupil. All parents of current pupils as defined above are eligible to vote. A teacher of the school who is the parent of a current pupil of the school has also the right to vote.

Section 40AO(5)(c)(ii) stipulates that all parents of the current pupils of the school have equal voting right and right of candidature. Every parent should vote individually and should have only one vote irrespective of the number of children the parent has at the school. For the sake of administrative arrangements, the RPTA may give pupils two ballot papers each for their parents to vote. A ballot paper may be given to the guardian of the pupil or the person who has the actual custody of the pupil if such a request is received and school’s verification is obtained.

Section 40AO(5)(c)(iii) stipulates that the voting is conducted by secret ballot. In this connection, it is inappropriate to vote by sending ballot papers through email, as disclosure of the voters’ identity should be avoided.

According to section 40AV(1) of Education Ordinance, if a parent manager ceases to be a parent of a current pupil of the school in a school year, his term of office as a manager shall continue until its expiry or the end of the school year, whichever is the earlier. The parent manager may also resign during the term of office in accordance with the IMC constitution according to the actual circumstances.

Section 40AU(1) and (2) of the Education Ordinance requires that an IMC shall maintain its full composition and fill the vacancy within three months from the date on which the failure to maintain full composition arises. Separately, section 40AU(4) stipulates that a person is qualified to fill the vacancy if he is nominated for registration as a manager in the same manner as the manager who ceased to hold the office concerned. In general, in the event that the parent manager leaves office during the term of office, the RPTA must conduct a by-election to fill the vacancy. Neither the replacement mechanism nor the appointment of the chairperson of the RPTA as the parent manager does not comply with the relevant provision of the Education Ordinance.