The Catholic Diocese of Hong Kong made a final bid yesterday to keep tight control of the schools it runs, telling the city's highest court that the government's school management reforms of 2004 are unconstitutional.
Martin Lee SC, for the diocese, contended in the Court of Final Appeal that they would destroy the atmosphere and management culture of the schools and shatter the unity of the diocese itself.
'If you lose the unity of the diocese, the whole of the Catholic [Church] is under threat,' Lee said, referring to possible effects on the church's stance on issues such as gay sex and abortion.
Lee argued that the 'divisive' ordinance breached article 141 of the Basic Law, which guarantees that religious bodies can continue to run schools in accordance with 'previous practice' prior to the 1997 handover.
The amendment to the Education Ordinance takes away the church's absolute control of about 100 schools.
The amendment gave schools until July 1, 2009, to set up an incorporated management committee (IMC). Parents, alumni, teachers and independent candidates must make up 40 per cent of members, with 60 per cent to be appointed by the sponsoring body, such as the Catholic Church. The deadline was extended following a campaign of resistance by the church, one joined by the Sheng Kung Hui (Hong Kong's Anglican Church) and the Methodist Church.