The new education policy might cause problems for special needs students but it was difficult to say if it was discriminatory, a lawyer for the Equal Opportunities Commission has told a judicial review hearing. 'We don't know enough to say [it is discriminatory],' said barrister Raymond Leung, adding that the needs of disabled students were different and could not be compared with mainstream students. Mr Leung was speaking at a judicial review in the Court of First Instance launched by Tong Wai-ting, 18, a student at HHCKLA Buddhist Po Kwong School, who claims the new education policy is discriminatory. Under the new education structure, all students will receive six years of primary education, three years of junior secondary and three years of senior secondary. Special needs students claim the change means they will have to leave school after 12 years, when they are about 18. Previously, they have been able to take longer to complete their secondary schooling. Wai-ting says he will not be able to participate in the new system, which begins next month. Martin Lee Chu-ming SC, acting for Wai-ting, said making special-needs students leave at 18 was unfair and did not happen under the mainstream system, in which students could repeat a year at any level with the consent of the principal. There was no age limit for mainstream students to leave school. He complained that three extra years of schooling had gone missing under the new scheme. But on Tuesday Lisa Wong SC, for the Education Bureau, said there was no such age restriction and the policy only said these students were to leave school after they had completed 12 years' of free education. Yesterday, Mr Leung also said there was no evidence to suggest an age restriction. He said the problem was there were insufficient vacancies for intellectually disabled students to extend their education at the school. He said the system prevented a student staying on without a 'justifiable' reason, given limited resources. Mr Justice Andrew Cheung Kui-nung yesterday reserved judgment.