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The Department of Justice, on behalf of the Secretary for Education, applied today (September 17) for leave for Judicial Review on part of the findings in the Report of the Commission of Inquiry on Allegations relating to the Hong Kong Institute of Education.
"The Commission concluded that direct contact of a senior government official with academic members of an educational institution to express his/her opinion on or to protest against the critical views of the academic members, even without any threat of sanction or reprisal, would constitute improper interference with academic freedom," an Education Bureau spokesman said.
It was the established practice for the Government to consult different stakeholders in the formulation of policies with a view to balancing the needs of different quarters of the community and ensuring that the policies are working in the overall interests of the community. During the implementation of policies, the Education Bureau would need to engage and discuss with different stakeholders, and even debate on dissenting views in order to ensure smooth implementation of policies.
"That part of the findings is not only wrong in law and in principle, but also affects the dealings between government officials and academic institutions in the future and in the formulation and implementation of education policies," the spokesman said.
"Legal advice has pointed towards that the findings of the commission are wrong in law and in principle. Having sought the advice of the Department of Justice, the Education Bureau considers it necessary to launch a judicial review on that part of the findings."
Ends/Monday, September 17, 2007
Issued at HKT 14:41
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