Tutoring Agreement (Hong Kong)

A Tutoring Agreement in Hong Kong sets out the rights and obligations the parties agree to be bound by.

Private tutoring in Hong Kong exists on a spectrum: sole-trader tutors operating from students' homes, dedicated tutor-student centres in districts such as Mong Kok, Causeway Bay, and Tuen Mun, and large-scale tutorial companies running lecture-style sessions for hundreds of students simultaneously. Regardless of the format, a written agreement provides the contractual foundation for the arrangement.

The Supply of Services (Implied Terms) Ordinance (Cap. 457) implies into every contract for the supply of services in Hong Kong a term that the service will be performed with reasonable care and skill. Section 5 of Cap. 457 further implies that where no time for performance is agreed, the service will be provided within a reasonable time. Section 6 implies that where no price is agreed, a reasonable charge will be paid. A written tutoring agreement overrides these implied terms with specifically negotiated provisions.

Under the Business Registration Ordinance (Cap. 310), freelance tutors who carry on a tutoring business in Hong Kong must register with the Inland Revenue Department and obtain a Business Registration Certificate. Self-employed tutors declare tutoring income on their Profits Tax Return. Where a tutor is retained by a tutoring centre as an employee rather than an independent contractor, the Employment Ordinance (Cap. 57) applies, including provisions on minimum wage under the Minimum Wage Ordinance (Cap. 608).

The Personal Data (Privacy) Ordinance (Cap. 486) applies where tutors collect students' personal data, examination results, or progress records. Tutoring centres that retain student performance data must comply with the six Data Protection Principles set out in Cap. 486. The Consumer Council in Hong Kong regularly receives complaints about tutoring centre refund policies, making clear written cancellation terms essential for both parties. Forms-legal.com provides a free Hong Kong Tutoring Agreement template covering all these requirements.

Section 5 of the Supply of Services (Implied Terms) Ordinance (Cap. 457) implies into tutoring contracts that the tutor will carry out the service with reasonable care and skill — a standard applied by the Small Claims Tribunal when assessing whether a tutor has delivered the promised level of instruction. Section 3 of the Contracts (Rights of Third Parties) Ordinance (Cap. 623) is relevant where a parent enters into a tutoring agreement for the benefit of their child, who is the third-party beneficiary of the services.

A Tutoring Agreement in Hong Kong is needed before the first lesson commences — whether the arrangement is a single trial lesson or a long-term DSE preparation programme running across an entire academic year.

Parents engaging a private tutor for a child preparing for the HKDSE, the International Baccalaureate (IB) at schools such as the Hong Kong International School or the French International School, or the Common Entrance examinations for overseas boarding schools, should always document the arrangement. Tuition fees in Hong Kong for experienced DSE tutors range from HKD 300–800 per hour, making clear fee and cancellation terms financially significant.

Tutoring centres offering prepaid lesson packages are a common source of Consumer Council complaints in Hong Kong. A written agreement with a transparent cancellation and refund policy protects both the centre and the student-parent. The Consumer Council advises that refund terms for prepaid services must be clearly disclosed before payment is made — a requirement easily satisfied by a signed written agreement.

University students tutoring peers informally — for example, final-year science students tutoring junior students at HKUST or HKU — benefit from a simple agreement confirming the fee per session in HKD, the schedule, and the notice required to cancel or end the arrangement.

Language tutors teaching English, Putonghua, or foreign languages to adult learners in Hong Kong need a written agreement addressing the lesson format (in-person, online via Zoom, or a hybrid), the venue, and what happens if a session is disrupted by a typhoon signal No. 8 or above — a recurring and practically important question in Hong Kong. Professional tutors who teach multiple students simultaneously through platforms such as Snapask or dedicated tutoring companies should supplement platform terms with a personal agreement covering their specific obligations.

Corporate clients hiring business language tutors or professional certification coaches for employees require a written agreement to satisfy internal procurement requirements and clarify whether the tutor is engaged as an employee or an independent contractor for Mandatory Provident Fund (MPF) and Salaries Tax purposes.

Section 8 of the Education Ordinance (Cap. 279) imposes requirements on persons providing education in Hong Kong. Section 4 of the Supply of Services (Implied Terms) Ordinance (Cap. 457) implies a term that services will be provided within a reasonable time — the tutoring agreement's lesson schedule is the primary evidence of what constitutes reasonable timing under this implied term. The Limitation Ordinance (Cap. 347) gives six years for contract claims — disputed fee payments should be documented promptly.

A Tutoring Agreement in Hong Kong should include the following essential elements to protect both the tutor and the student or parent throughout the engagement.

Parties: Full legal names of the tutor and the student (and parent or guardian if the student is a minor under 18), contact details, and — for corporate tutoring centres — the Business Registration number issued by the Inland Revenue Department under the Business Registration Ordinance (Cap. 310).

Subject and Scope: The subject or subjects to be taught, the educational level (e.g., Primary 6 Chinese, HKDSE Mathematics Extended Module 2, IELTS preparation), and any specific curriculum framework (e.g., Hong Kong curriculum, IB, Cambridge IGCSE). Clear scope prevents disputes about what the tutor is obligated to cover.

Lesson Schedule: The day, time, duration, and frequency of lessons; whether lessons are in-person (with the venue specified) or online; and provisions for rescheduling. Hong Kong tutors should address typhoon and Black Rainstorm Signal procedures specifically — under standard Hong Kong practice, lessons are cancelled without penalty when a Typhoon Signal No. 8 or above or a Black Rainstorm Warning is in force.

Fees and Payment: The fee per lesson or per month in HKD (no GST or VAT applies in Hong Kong); the payment method (cash, bank transfer, FPS — Faster Payment System); and the payment due date. For prepaid packages, the total package price and the number of lessons included must be specified.

Cancellation Policy: The notice period required to cancel a lesson without charge (typically 24–48 hours); the consequence of late cancellation or no-show (typically full lesson fee charged); and the tutor's obligation if the tutor cancels — reschedule without charge or provide a proportionate refund. The Consumer Council recommends that cancellation terms be fair and clearly disclosed before payment.

Confidentiality: The tutor's obligation not to disclose the student's personal data, examination results, or progress information to third parties, consistent with the Personal Data (Privacy) Ordinance (Cap. 486). For tutors who retain written progress notes or audio recordings of lessons, the student's consent should be obtained.

Termination: Either party's right to terminate the arrangement on a specified notice period (typically one month for ongoing arrangements); the treatment of prepaid but unused lessons on termination; and the return of any deposit.

Status: A clear statement that the tutor is an independent contractor and not an employee of the student's family, with no entitlement to MPF contributions, annual leave, or other employment benefits under the Employment Ordinance (Cap. 57). This clause is important for tutors providing services to corporate clients.

Governing Law: The laws of the Hong Kong Special Administrative Region. Disputes may be referred to the Small Claims Tribunal for amounts up to HKD 75,000.

Forms-legal.com provides a free Hong Kong Tutoring Agreement template covering Cap. 457 supply of services requirements and DSE-specific tutoring arrangements.

Section 6 of the Personal Data (Privacy) Ordinance (Cap. 486) requires data users to take practicable steps to protect personal data — a tutoring company that collects student records, academic results, and contact details is a data user and must implement appropriate data security measures. Section 2 of Cap. 486 defines "personal data" broadly to include any data relating to an identified individual, which encompasses student academic records collected during tutoring.