Catholic diocese loses school reform challenge
The 357 schools that have not reformed their school managements must do so after the Catholic diocese of Hong Kong lost its final battle against the government in the Court of Final Appeal.
The diocese, which had its five-year challenge to the government's reforms of 2004 thrown out by the highest court yesterday, operates 80 aided schools.
The church, which had alleged the reforms were unconstitutional, backed away from a threat by former diocese head Bishop Joseph Zen Ze-kiun in 2005 that some of the school sponsorships might stop if it was forced to implement the reforms - which mean it can only appoint 60 per cent of incorporated management committees and take away its full control over the schools.
The ruling comes more than three months after a government deadline for the reforms to be adopted expired.
Giving the decision in the Court of Final Appeal, Mr Justice Kemal Bokhary wrote: 'The challenge fails because the challenged legislation leaves religious organisations free to nominate a majority of persons serving on the incorporated management committees of aided schools which they sponsor.'
Religious sponsoring bodies used to appoint all members on the board.
Elected members, including parents, alumni, teachers and individual candidates, will have a bigger role in the committee, which has the power to appoint headmasters and sign service contracts with the government.
The diocese's episcopal delegate for education at the Catholic Education Office, Cecilia Wong Yeuk-han, said everyone, including the diocese, had to abide by the law.
'Although we don't agree that all schools should be run under the same means ... we will continue to uphold our Catholic schooling vision, and will consider other options only when we can no longer follow our mission.'
The Anglican Church's 80 aided schools have also yet to set up the committees, said Timothy Ha Wing-ho, education adviser to the Anglican archbishop of Hong Kong.
'Of course, I am very disappointed in the judgment. With the establishment of the committees, there is a chance for people whose vision runs against our mission to join the board,' he said.
The Methodist Church said it objected to the changes but had complied with the reforms at its 19 schools. It said the judgment could prove that the law was not against the constitution, not that that was an appropriate measure.
The Education Bureau said the judgment would help the diocese and other sponsoring bodies in drafting a constitution to set the committees as soon as possible.
By mid-October, 489 of the 846 aided schools had formed the committees, while 67 had handed in draft constitutions.
An amendment to the Education Ordinance in 2004 gave schools until July 1, 2009, to set up the committees. The deadline was extended to July this year after opposition.
Bokhary said the challenged legislation made no direct attack on religious activities at schools. As long as religious organisations were free to nominate most of the members of its committees, then religious activities were acceptably safe from indirect attack and from erosion.
Cheung Man-kwong, lawmaker for the education sector, called on the government to be flexible over the issue.
Under the ordinance, the permanent secretary of the Education Bureau can put in her own managers if a school fails to establish a committee.
However, Cheung said that the government should avoid confrontation and strive for a 'soft landing' after the judgment.
