Draft Constitution
An IMC shall have a written constitution which is approved by the Permanent Secretary.
Related Provisions：
(Section 40BL) Approval of draft constitution
(Section 40BV) Approval of draft constitution
《Education Regulations》Section 75A
According to section 75A of the Education Regulations, the constitution of IMC shall provide for the following :
- the number of each category of managers
- the procedures for nominating or electing managers
- the procedures for cancellation of registration of any manager
- the appointment or election of supervisor, secretary and treasurer of the IMC
- the functions of supervisor, secretary and treasurer of the IMC
- the tenure of office of the managers
- the procedures for the selection of the principal
- the filling of vacancies in managers
- matters relating to the re-nomination or re-election of managers
- the appointment of auditor
- meetings and proceedings of the IMC
- the procedures for amending the constitution
With the help of the Department of Justice, the Education Bureau has prepared the "Sample Constitution for IMCs" for the reference of school sponsoring bodies in drafting a constitution of the proposed IMC.
Download：Sample Constitution for IMCs (as at 22/04/2014) (96 KB)
1. Question： Can the school sponsoring body (SSB) amend the sample constitution of an Incorporated Management Committee (IMC) provided by the Education Bureau?
Answer: The sample constitution is for reference only. SSBs can make amendments according to their needs provided that the changes are not in contravention of the related Ordinance.
2. Question： In preparing the IMC constitution, is it possible to specify religious affiliation as a requirement for managers?
Answer: Religious belief should not be a prerequisite for school managers. Hence, it is inappropriate to include such provision in the IMC constitution.
3. Question： The school sponsoring body (SSB) is responsible for drafting the IMC constitution. What can be done if the IMC later introduces an amendment to its constitution that deviates from the vision of the SSB?
Answer: The Ordinance empowers the SSB to set the vision and mission for the school which cannot be altered by the IMC. Besides, when the SSB drafting the IMC constitution, it can lay down in the constitution of the IMC that consent of the SSB has to be obtained for future amendment.
4. Question： Is it possible to include in the constitution of an IMC a provision to require the managers to attain certain academic qualifications to cope with the day-to-day management of the school?
Answer: There is no provision in the Ordinance that specifies the academic qualifications of a manager. Hence, such a requirement should not be included in the IMC constitution.