Can Hong Kong’s teachers really be banned from talking independence in class?
Educators want a legal basis and clarification from authorities over threat to disqualify them if they advocate city’s independence in schools
The lack of a full explanation by authorities of the legal grounds behind a stern warning that teachers who promote Hong Kong independence risk being struck off has sparked widespread concern among educators.
A check by the Post into the Education Ordinance also found the chief executive and the permanent secretary for education have the power to limit discussions of politically sensitive issues, although legal experts believe banning fair discussions on such topics altogether would likely be a breach of free speech.
The Education Bureau has not responded to Post requests since Sunday – when the warning was issued – for a legal basis and clarification. A teachers’ union with more than 90,000 members on Tuesday urged the government to explain whether educators would lose their jobs by discussing the pros and cons of independence with students.
While former University of Hong Kong law dean Johannes Chan Man-mun said there was no law banning mere discussion of independence, the ordinance’s section 84 states the chief executive may prohibit spreading information or expressing opinions with a “clearly biased political nature” in schools.
Its subsidiary regulation 98 further stipulates the permanent secretary may give schools written guidance to ensure unbiased political information and opinions.
The ordinance’s sections 46 and 47 state the permanent secretary can refuse or cancel teachers’ registrations if they engage in misconduct or jeopardise order and discipline in school.