Let’s settle this ESF bullying case, says Hong Kong tribunal
Daughter of bank’s chief economist was bullied while attending Kennedy School, with parents claiming recompense for having to move schools
An adjudicator at the Small Claims Tribunal called for settlement between parties after questioning how the English Schools Foundation breached its duties when a top economist’s daughter was bullied whilst attending its Kennedy School in 2014.
Coutts and Co’s global chief economist Mark McFarland filed claims against ESF last October to seek HK$43,445 in placement deposit for its West Island School, school fees and additional costs.
The sums were incurred when he and his wife, took their daughter, 11, out of the Pok Fu Lam primary school – where some of the bullying took place – and enrolled her in a new school.
“My daughter felt unable to continue and as a result we felt that we cannot send her to West Island [School],” McFarland said on Wednesday. “From the perspective of a customer, we paid a certain amount but we were unable to utilise that because of the circumstances.”
The three bullying episodes began in November 2014, when McFarland said the girl’s Gmail and Google Drive were hacked.
That led to malicious emails sent in her name to her friends and family as well as the deletion of “a very sizeable number of files” including homework, presentations and assignments. But adjudicator Vod Chan Ka-sing asked: “Why would the incident be related to the school if it happened on Google’s network, which does not belong to the school?”
McFarland replied: “Because it involves two things: classmates and in particular the homework of my daughter.”
There were no allegations of the foundation instructing the bully, or the school having knowledge of the bully beforehand. But the Wan Chai court did previously hear the economist allege ESF’s chief executive was “negligent and unwilling to make changes to guarantee child safety”.
The adjudicator noted: “If the other side could do nothing to prevent [the bullying], you will have to convince the court how they breached their duties.”
McFarland said he understood the court’s logic, butdisagreed with the concerns, adding: “If the first incident hadn’t happened, or was dealt with correctly, the second incident would not have happened at all.”
The case is now set for a pretrial review on June 20.
But before it was adjourned on Wednesday, the adjudicator warned that “both parties will be a loser” if the case proceeded to trial as it would be heard by the public, including the media, and couldaffect their reputations.
Chan said there could be many ways to settle the case, or it could take up years of litigation.
Referring to McFarland’s daughter and her bully, he continued: “I don’t know if you’ve put yourself in those young ladies shoes … I trust that no one would blame the other forever.”
