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Report of the Commission of Inquiry on Allegations Relating to the Hong Kong Institute of Education

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Report of the Commission of Inquiry on Allegations Relating to the Hong Kong Institute of Education Report of the Commission of Inquiry on Allegations relating to The Hong Kong Institute of Education YEUNG Chun Kuen LEE Jark Pui June 2007 Contents Pages ABBREVIATIONS USED i – iii DRAMATIS PERSONAE A – E SUMMARY OF FINDINGS AND CONCLUSIONS I – II CHAPTER 1 INTRODUCTION AND 1 – 5 ACKNOWLEDGEMENT CHAPTER 2 APPROACH, METHODOLOGY, 6 – 11 CRITERIA AND TREATMENT OF EVIDENCE Section 1 : Approach Section 2 : Methodology Section 3 : Resolution of Issues Section 4 : Standard of Proof and Treatment of Evidence CHAPTER 3 THE HEARING AND 12 – 13 CONFIDENTIALITY OF DOCUMENTS Section 1 : The Hearing Section 2 : Confidentiality of Documents CHAPTER 4 THE BACKGROUND FACTS 14 – 21 CHAPTER 5 THE ALLEGATIONS 22 – 23 a Pages CHAPTER 6 THE TESTIMONIES OF WITNESSES 24 AND THE WITNESS STATEMENTS Section 1 : The Testimonies of Witnesses Section 2 : The Witness Statements Section 3 : The Other Statements and Submissions to the Commission CHAPTER 7 SUBMISSIONS AND ARGUMENTS 25 – 41 (A SUMMARY) Section 1 : The Submissions of Mr Martin Lee SC, Mr Hectar Pun and Ms Jocelyn Leung for Professors Morris and Luk Section 2 : The Submissions of Mr Patrick Fung SC for HKIEd Section 3 : The Submissions of Mr Johnny Mok SC, Ms Lisa Wong SC, Mr Thomas Au and Mr Hew Yang-wahn for Professor Li and Mrs Law Section 4 : The Submissions of Mr Benjamin Yu SC and Ms Yvonne Cheng for the Commission CHAPTER 8 ANALYSIS AND CONCLUSIONS (AN 42 – 57 OVERALL VIEW) Section 1 : Introduction Section 2 : Dr Leung as a witness Section 3 : Professors Morris and Luk as witnesses Section 4 : Professor Li and Mrs Law as witnesses b Pages CHAPTER 9 ANALYSIS AND CONCLUSIONS 58 – 67 (THE FIRST ALLEGATION) CHAPTER 10 ANALYSIS AND CONCLUSIONS 68 – 73 (FUNDING CUTS USED TO FORCE A MERGER) CHAPTER 11 ANALYSIS AND CONCLUSIONS 74 – 80 (THE SECOND ALLEGATION) CHAPTER 12 ANALYSIS AND CONCLUSIONS 81 – 87 (THE THIRD ALLEGATION) CHAPTER 13 ANALYSIS AND CONCLUSIONS 88 – 90 (OTHER ISSUES) Section 1 : The Presidential Selection Process Section 2 : The Toronto Luncheon CHAPTER 14 ACADEMIC FREEDOM 91 – 97 CHAPTER 15 INSTITUTIONAL AUTONOMY 98 – 106 CHAPTER 16 THE FINDINGS 107 CHAPTER 17 THE RECOMMENDATIONS 108 – 111 c APPENDICES Pages APPENDIX I TERMS OF REFERENCE 112 – 113 APPENDIX II PARTIES IN THE INQUIRY 114 APPENDIX III LEGAL REPRESENTATIVES OF 115 PARTIES IN THE INQUIRY APPENDIX IV LIST OF WITNESSES IN THE 116 – 121 INQUIRY APPENDIX V SUMMARY OF TESTIMONIES 122 – 219 OF WITNESSES APPENDIX VI SUMMARY OF SUBMISSIONS 220 – 223 AND STATEMENTS OF WITNESSES WHO DID NOT GIVE EVIDENCE BUT RELIED ON BY THE COMMISSION APPENDIX VII LIST OF OTHER STATEMENTS 224 AND SUBMISSIONS RECEIVED, BUT NOT RELIED ON BY THE COMMISSION d ABBREVIATIONS USED A ACTEQ Advisory Committee on Teacher Education and Qualifications AOB Any Other Business B B Ed Bachelor of Education C CE Chief Executive, Hong Kong Special Administrative Region C (ECE) Certificate (Early Childhood Education) City U City University of Hong Kong CLASP Centre for Learning-study And School Partnership CRS Compulsory Retirement Scheme CUHK Chinese University of Hong Kong D DCA Deep Collaboration Agreement DCIA Director of Communications and Institutional Advancement E EC Education Commission ECE Early Childhood Education ED Education Department EMB Education and Manpower Bureau ExCo Executive Council F ftes Full-time equivalents FYFD First Year First Degree G GBS Gold Bauhinia Star GDP Gross Domestic Product i H HEIs Higher Education Institutions HKBU Hong Kong Baptist University HKIEd Hong Kong Institute of Education HKU University of Hong Kong HKUST Hong Kong University of Science and Technology HUCOM Heads of Universities Committee I IAU International Association of Universities IAUP International Association of University Presidents ICAC Independent Commission Against Corruption IR Institutional Review IVE Hong Kong Institute of Vocational Education J JP Justice of Peace K KLA Key Learning Area KLAs Key Learning Areas L LegCo Legislative Council LIFO Last in, First out LPAT Language Proficiency Assessment for Teachers M MIRS Management-Initiated Retirement Scheme P PAP Priority Appointment Period PAS Principal Assistant Secretary PhD Doctor of Philosophy PE Physical Education PGDE Postgraduate Diploma in Education Poly U Hong Kong Polytechnic University PTU Hong Kong Professional Teachers’ Union ii PSEM Permanent Secretary for Education and Manpower PUC Professional Upgrading Course PUCs Professional Upgrading Courses Q QKT Qualified Kindergarten Teacher QKTs Qualified Kindergarten Teachers R RAE Research Assessment Exercise RPGs Research Postgraduate Places S SARS Severe Acute Respiratory Syndrome SBS Silver Bauhinia Star SC Senior Counsel SCMP South China Morning Post SCT Small Class Teaching SEM Secretary for Education and Manpower T TEIs Teacher Education Institutions U UGC University Grants Committee UN United Nations UNESCO United Nations Educational, Scientific and Cultural Organization US United States V VC Vice-Chancellor VDS Voluntary Departure Scheme VITAL Variation for the Improvement of Teaching and Learning VP Vice President VTC Vocational Training Council iii DRAMATIS PERSONAE NAME POSITION NOMENCLATURE USED IN THIS REPORT Chan, Alfred Wing-kin Former Deputy Mr Chan (Mr) Council Chairman, HKIEd Cheng, Doreen Senior Personal Ms Cheng Siu-fong (Ms) Secretary to President, HKIEd Cheng, Edgar Wai-kin Council Chairman, Dr Cheng (Dr) CUHK Cheng, Yin-cheong Professor, Centre for Professor Cheng (Professor) Institutional Research and Development, HKIEd Cheung Wong, Angela Former Council Dr Cheung Wan-yiu (Dr) Member, HKIEd Cheung, Francis Former Registrar, Dr F Cheung Wing-ming (Dr) HKIEd Cheung Man-kwong LegCo Member, Hon Mr Cheung (Hon) President, PTU Cheung, Susanna Retired, Former PAS Ms Cheung Sau-man (Ms) for Education and Manpower (Professional Development and Training), EMB Grossman, David Dean, Faculty of Professor Grossman (Professor) Languages, Arts and Sciences, HKIEd Ip, Simon Sik-on (Dr) Founding Council Dr Ip Chairman, HKIEd A NAME POSITION NOMENCLATURE USED IN THIS REPORT Heung, Vivian Associate Professor, Dr Heung Woon-king (Dr) Department of Educational Psychology, Counselling and Learning Needs, HKIEd Ip, Kin-yuen (Mr) Former Lecturer, Mr Ip HKIEd Lai, Kwok-chan (Dr) Head of Strategic and Dr Lai Academic Planning, HKIEd Lo, Mun-ling Head, Centre for Professor Lo (Professor) Learning-study And School Partnership, HKIEd King, Ambrose Former VC, CUHK Professor King (Professor) Lam Lee, Alice Former Chairman, Dr Lam Kiu-yue (Dr) UGC Lam, Louisa Suk-wah Associate VP Professor Lam (Professor) (Learning Enhancement and Development), HKIEd Lau, Lawrence J VC, CUHK Professor Lau (Professor) Law Fan, Fanny Commissioner, ICAC, Mrs Law Chiu-fun (Mrs) Former PSEM Lee, Wing-on VP (Academic), Professor Lee (Professor) Former Dean, HKIEd B NAME POSITION NOMENCLATURE USED IN THIS REPORT Leung, Thomas Council Chairman, Dr Leung Kwok-fai (Dr) HKIEd Li, Arthur SEM, Professor Li Kwok-cheung Former VC, CUHK (Professor) Luk, Bernard Hung-kay Former VP Professor Luk (Professor) (Academic), HKIEd Ma, Katherine Former DCIA, HKIEd Ms Ma Miu-wah (Ms) Mok, Magdalena Professor, Department Professor Mok Mo-ching (Professor) of Educational Psychology, Counselling and Learning Needs, HKIEd Mak, Grace Chiu-ling Principal Lecturer, Dr Mak (Dr) Department of Educational Policy and Administration, HKIEd Moore, Phillip J Associate VP Professor Moore (Professor) (Curriculum and Quality Assurance), HKIEd Morris, Paul President, HKIEd Professor Morris (Professor) Ng, Eddie Hak-kim Deputy Council Mr Ng (Mr) Chairman, HKIEd C NAME POSITION NOMENCLATURE USED IN THIS REPORT Ng, Shun-wing (Dr) Assistant Professor, Dr Ng Department of Educational Policy and Administration, HKIEd Former Executive Committee Member, PTU Pang, Yiu-kai (Mr) Council Treasurer, Mr Pang HKIEd Poon, Andrew Retired, Former PAS Mr Poon Chung-shing (Mr) for Education and Manpower (Quality Assurance), EMB Sankey, Derek (Dr) Former Senior Dr Sankey Lecturer, HKIEd Stone, Michael (Mr) Secretary General, Mr Stone UGC Tsang, Donald (Mr) The CE Mr Tsang Tung, Chee-hwa (Mr) The Former CE Mr Tung Wong, Ada Ying-kay Council Member, Ms Wong (Ms) HKIEd Wong, Charmaine Former Deputy Miss Wong Hoi-wan (Miss) Secretary General, UGC Wong, Ping-man (Dr) Head, Department of Dr Wong Educational Policy and Administration, HKIEd Wu, Anthony Ting-yuk Former Council Mr Wu (Mr) Treasurer, HKIEd D NAME POSITION NOMENCLATURE USED IN THIS REPORT Young, Kenneth Pro-VC, CUHK Professor Young (Professor) E SUMMARY OF FINDINGS AND CONCLUSIONS The Commission makes the following findings on the Three Allegations: (1) The First Allegation, as set out in the Gazette Notice, is not established. There was no concerted effort to force HKIEd to agree to a merger with CUHK by improperly reducing the student numbers of HKIEd in order to render it “unviable”. (2) The Second Allegation, in relation to Mr Ip and Professor Cheng, is partially established, but not established in relation to Dr Lai and Dr Wong. (3) Mrs Law complained, on unspecified occasions, to Professor Morris against Mr Ip and Professor Cheng because the seminar organised by Mr Ip, and the contents of Mr Ip’s and Professor Cheng’s newspaper articles obstructed the smooth implementation of the Education Reforms and education policy. Mrs Law requested that Professor Morris try to curb Mr Ip’s and Professor Cheng’s criticisms, although she did not demand their dismissal. (4) Mrs Law’s complaints, even if well-intended, were improper and constituted an improper interference with
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