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Following is a question by the Hon Tony Tse and a written reply by the Secretary for Education, Mr Eddie Ng Hak-kim, in the Legislative Council today (December 3):
Question:
It has been reported that two professors were respectively given approval by the University of Hong Kong and The Chinese University of Hong Kong, where they teach, for about one month's suspension from teaching work for the purpose of organising and participating in an illegal occupation movement. Some members of the public have pointed out that the University Grants Committee (UGC) is duty-bound to monitor the institutions funded by it (UGC-funded institutions) on matters relating to their processing of teaching staff members' applications for suspension from teaching work, as well as their personnel policies for dealing with teaching staff members who have committed criminal offences, so as to ensure that such institutions have good governance and use public money properly. In this connection, will the Government inform this Council if it knows:
(1) whether UGC has approached UGC-funded institutions to gain an understanding of their mechanisms for processing applications of teaching staff members for suspension from teaching work, including the circumstances under which such applications will be approved, the longest duration of suspension from teaching work, and the arrangements to be made by the institutions to avoid students' learning and the operation of the institutions being affected, etc.; if UGC has looked into the matter, of the details; if not, the reasons for that;
(2) whether UGC has requested UGC-funded institutions to assess the impacts of their teaching staff members suspended from teaching work on aspects such as the operation of the institutions and the use of public money, etc.; if the institutions have conducted such an assessment, of the details and the measures to reduce such impacts; if not, the reasons for that, and whether they will conduct such an assessment in future;
(3) whether UGC has requested UGC-funded institutions to review if it was appropriate for them to grant approval for teaching staff members to suspend from teaching work for the purpose of organising and participating in an illegal occupation movement, and whether this was in line with the principle of using public money properly; if the institutions have conducted such a review, of the details; if not, the reasons for that, and whether UGC will request these institutions to conduct such a review; and
(4) whether UGC has looked into the existing personnel policies of UGC-funded institutions regarding how to deal with teaching staff members convicted of having committed criminal offences, including the arrangements pertaining to the teaching posts, remunerations and fringe benefits of the teaching staff member concerned; if UGC has looked into the matter, of the details; if not, the reasons for that?
Reply:
President,
All institutions funded by the University Grants Committee (UGC) are autonomous with their own Ordinances and governing Councils. The UGC Notes on Procedures state that institutions enjoy autonomy in the development of curricula and academic standards, selection of staff and students, initiation and conduct of researches, internal allocation of resources, etc., and are accountable for their decisions in these aspects. That said, the UGC Notes on Procedures also state that institutional autonomy does not exempt institutions from public interest and criticism. In fact, in view of the significant funding the institutions receive in the form of Government subvention and private contributions, as well as the importance of higher education to the development of society, it is incumbent upon the Government and the community at large to have a legitimate interest in the operation of the institutions. Therefore, while the Government and the UGC attach great importance to safeguarding institutional autonomy, institutions are expected to remain committed to transparency and accountability in their operation, to ensure that funding is put to appropriate uses that serve the best interests of the community and students.
Recently, there is widespread public concern about staff of universities getting involved in organising and participating in illegal activities. We stress that Hong Kong is a city of rule of law and that the law enforcement agencies will deal with the concerned illegal activities, including their organisation and planning, in a serious manner in accordance with the law. Meanwhile, the Government and the UGC have received numerous complaints that are concerned with internal management matters of an institution, including complaints about work arrangement and discipline matters of staff. We have referred the complaints to the relevant institution and requested it to handle the complaints in a serious manner and give an account of how these complaints are handled.
(1) to (3) According to the information provided by the funded institutions, they have put in place internal mechanisms, rules and procedures to deal with leave applications of staff and the corresponding work and teaching arrangements. Staff must fulfill their contractual obligations. Leave entitlements of staff should comply with the minimum requirements as stipulated in relevant labour legislation and should be set out in employment contracts. All leave applications require approval. When deciding whether to approve leave applications of a staff member, an institution will take into full account its duty-related needs and other factors, and will ensure that the department concerned will make proper corresponding work arrangements (such as supply teachers, make-up classes, reshuffle of duties or re-scheduling of timetables, co-teaching, etc.) in order to maintain normal classroom teaching activities, while minimising the impact on the teaching and learning, research and other operations of the institution as a result the staff member taking leave. Generally speaking, institutions have different leave types such as annual leave, sick leave, maternity leave, conference/working leave and no-pay leave, etc. Depending on the type of leave, different application criteria and approving procedures apply, which include seeking approval from the designated authority as well as making proper corresponding duty-related arrangements. There are limits on the number of leave days to which a staff member is entitled for each type of leave. If necessary, institutions may also grant no-pay leave to their staff having regard to individual circumstances.
On the understanding that the above-mentioned mechanisms and procedures are complied with, institutions deal with leave applications of staff and the corresponding work and teaching arrangements by themselves. The UGC does not stipulate any particular rules in this regard. That said, the UGC Notes on Procedures also provide that the UGC is responsible for providing assurance to the Government and the community on the standards and cost-effectiveness of the operations and activities of the UGC-funded institutions. Where necessary, the UGC can relay its concern regarding operational issues of the institutions, and request the institutions to look into the matters concerned and take appropriate follow-up actions.
(4) According to the information provided by the funded institutions, institutions have put in place internal mechanisms, rules and procedures to deal with staff discipline matters, including cases involving staff members convicted of criminal offences. In general, institutions will take appropriate follow-up actions having regard to the nature and seriousness of the cases. If necessary, disciplinary procedures will be initiated. Depending on the nature and seriousness of the case, the disciplinary procedures will be handled by personnel of appropriate ranks or an investigation/disciplinary panel/committee, and these include investigation and hearing. In the course of the procedures, the institutions will provide the staff concerned with the opportunities to clarify and respond. Subject to the investigation results, institutions will take appropriate actions or impose suitable sanctions, including termination of appointment, in accordance with the established personnel policies and guidelines as well as the terms and conditions laid down in the employment contracts. Appeal mechanisms are also available in all institutions to ensure that decisions are made in a fair and impartial manner. All personnel involved are required to observe confidentiality and all disciplinary actions taken will be recorded and filed properly.
Ends/Wednesday, December 3, 2014
Issued at HKT 14:51
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