Facts about Roles and Responsibilities of Sponsoring Body Managers

The Education Bureau (EDB) has, by means of legislation, developed a school-based management system, under which the authority and responsibilities of all parties are clearly delineated. In compliance with the Education Ordinance, the EDB exercises the statutory power conferred and assumes the dual role of monitoring and providing support. Allocating public funds to schools is one of the responsibilities of the EDB.

For details, please refer to the information note entitled “Roles and Responsibilities of the Education Bureau, School Sponsoring Bodies and Incorporated Management Committees” prepared by the EDB.

Section 40AE(1)(b) of the Education Ordinance stipulates that the sponsoring body of a school shall be responsible for setting the vision and mission for the school.

As for other functions of a sponsoring body, please refer to section 40AE(1) of the Education Ordinance.

Sections 40AE(1)(d), (e) and (h) of the Education Ordinance stipulate that the sponsoring body of a school shall be responsible for deciding the mode of receiving government aid; ensuring, through the sponsoring body managers, that the mission is carried out; and drafting the constitution of the IMC.

As for other functions of a sponsoring body, please refer to section 40AE(1) of the Education Ordinance.

In addition, section 40AK(1)(a) of the Education Ordinance stipulates that the supervisor of a school shall preside over the meetings of the IMC of the school. Hence, the responsibility to preside over IMC meetings does not lie with a sponsoring body.

It is the power of an IMC to employ suitable professionals or other persons for providing services and determine their remuneration. That said, according to section 40AG(1) of the Education Ordinance, a sponsoring body may transfer principals and teachers among sponsored schools under the specified circumstances.

For details, please refer to sections 40AG(1) and (2) of the Education Ordinance.

Section 40AS(2) of the Education Ordinance stipulates that an alternate sponsoring body manager of a school shall not vote on any matter to be resolved by the IMC by voting unless –

(a) (in the case of a matter to be resolved at a meeting of the IMC) any sponsoring body manager of the school is absent from the meeting;

(b) (in the case of a matter to be resolved otherwise) any sponsoring body manager of the school is, for any reason, unable to vote on the matter.

According to section 40AS(2)(a) of the Education Ordinance, when a sponsoring body manager of a school is absent from an IMC meeting, an alternate sponsoring body manager of the school may vote on any matter to be resolved by the IMC by voting.

As stipulated in section 40AS(6)(a) of the Education Ordinance, for the purposes of establishing a quorum of an IMC meeting, an alternate sponsoring body manager of the school shall not be counted unless there is a vacancy of sponsoring body manager of the school for the time being.

In principle, managers of all categories should take part in the discussion of all items at IMC meetings. If a manager has direct or indirect interest in a discussion item, the manager should, in accordance with section 40BG of the Education Ordinance, disclose the interest before or at the meeting and withdraw from the discussion. If no interest is involved, managers should take part in the discussion in compliance with the code of ethics without the need to withdraw from the meeting.

For the code of ethics, please refer to Section 4 of the School Managers’ Handbook prepared by the EDB.

From a legal perspective, sponsoring body and IMC are two separate entities. While an IMC is responsible for a school’s day-to-day operation, a sponsoring body is not involved with it in normal circumstances. The legal liability assumed by an IMC, if any, has no connection with a sponsoring body. In other words, a sponsoring body is not made legally liable unless it takes other roles in school operation. For instance, a sponsoring body that is the owner of the school premises will be legally liable for claims arising from the safety of the premises. Another example is that if a sponsoring body is the guarantor of a loan obtained by an IMC, it may need to repay the loan if the IMC fails to do so.

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As stipulated in section 40AM of the Education Ordinance, the sponsoring body of a school may nominate (a) such number of persons for registration as sponsoring body manager of the school as may be provided for in the constitution of the incorporated management committee of the school; and (b) a person for registration as alternate sponsoring body manager of the school. Since no provisions in the Education Ordinance require that a person nominated for registration as sponsoring body manager must be elected in that behalf in an election, the nomination of sponsoring body manager should be made according to the standing requirements and procedures of the sponsoring body.

Section 40AL(3) of the Education Ordinance stipulates that the number of sponsoring body managers shall not exceed 60% of the maximum number of managers that an IMC may have under its constitution.