Teacher Manager Election

According to the interpretation in section 40AB of the Education Ordinance, “teacher” means a permitted teacher or registered teacher employed in a school—

(a) to occupy a teacher post in the establishment of staff provided for in the code of aid for primary schools, code of aid for secondary schools or code of aid for special schools; or
(b) for a term for not less than 12 months to perform teaching duties or other duties directly related to teaching.

Separately, section 40AN(2)(c)(ii) stipulates all teachers of the school have equal voting right and right of candidature.

In conclusion, whether an eligible candidate is suitable to be a manager should be left to the discretion of the voters, and it is not to be determined by the school.

According to the interpretation in section 40AB of the Education Ordinance, “teacher” means a permitted teacher or registered teacher employed in a school—

(a) to occupy a teacher post in the establishment of staff provided for in the code of aid for primary schools, code of aid for secondary schools or code of aid for special schools; or
(b) for a term for not less than 12 months to perform teaching duties or other duties directly related to teaching.

Separately, section 40AN(2)(c)(ii) stipulates all teachers of the school have equal voting right and right of candidature.

If a person is a “teacher” as stipulated in section 40AB of the Education Ordinance, he has right of candidature and such right is not affected by the remaining period of service in the school. In short, whether an eligible candidate is suitable to be a manager should be left to the discretion of the voters, and it is not to be determined or intervened by the school.

According to the interpretation in section 40AB of the Education Ordinance, “specialist staff”, in relation to a special school, means any person employed to work for the school as a school social worker, speech therapist, physiotherapist, occupational therapist, occupational therapist assistant, educational psychologist, nurse, warden, assistant warden, houseparent-in-charge, houseparent, programme worker or brailling staff.

Besides, section 40AN (2)(c)(ii) stipulates all teachers of the school have equal voting right and right of candidature, while subsection (3) states “teachers” includes, in relation to a special school, the specialist staff of the school.

Regarding the substitute teacher on a one-year contract basis, if a person is a “teacher” as stipulated in section 40AB of the Education Ordinance, he has voting right and right of candidature.

The experienced teacher of a higher rank has allegedly influenced the voting intention of the new colleague by offering advantage.

Teachers, as candidates and voters in the teacher manager election, should be mindful of the words and deeds as well as integrity to ensure the fairness and equality of the election.

Regarding the ethical conduct required in the Teacher Manager Election, please refer to Annex III of the Guide for Teacher Manager Election prepared by the EDB.

Section 40AN(2)(c)(iii) of the Education Ordinance stipulates that the voting is conducted by secret ballot. If teachers vote by sending messages through mobile phones or by sending emails through school email accounts, it will disclose the identity of the voters, which does not comply with the relevant provision of the Education Ordinance. Subject to the requirements as stipulated in the IMC constitution and school-based guide for teacher manager election, the school may consider the arrangements that will facilitate teachers’ voting.

The principal shall nominate the teacher(s) elected as teacher manager(s) of the school in accordance with section 40AN(1) of the Education Ordinance. Separately, the principal only needs to inform the IMC of the result of the teacher manager election.

For details, please refer to paragraph 27 of the Guide for Teacher Manager Election prepared by the EDB.

Section 40AU(4) of the Education Ordinance 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. If a teacher manager or alternate teacher manager vacancy arises (due to the expiry of term of office, resignation tendered by the manager during the term of office, or ceasing to be employed by the school), the principal shall conduct an election and make nomination of teacher manager(s) to fill the vacancy within three months or the shorter period as stipulated in the IMC constitution. The replacement mechanism does not comply with the relevant provision of the Education Ordinance.