Teacher accused of putting plastic bag over Hong Kong pupil's head to sue kindergarten for libel

A photograph apparently showing a kindergarten pupil with a bag over his head is set to spark a legal battle between the school and the former teacher accused of the act.

Brian Smith, who was fired by the Zenith Kindergarten in Yuen Long in July, says he plans to sue the school for libel after it published a statement in several Chinese-language newspapers yesterday accusing him of putting a plastic bag over the boy's head, taking pictures and sending them anonymously to members of its teaching staff.

Smith is already taking the school to a labour tribunal over his dismissal, which was not related to the plastic bag incident.

"I will talk to my lawyer later tonight and very probably we will push ahead with the legal option because they have made very serious charges and lies against me," Smith said yesterday.

He denies any wrongdoing, claiming the bag was made of fabric and was over the back of the boy's head, not his face. He said he had explained the situation to police, who told him they considered the matter closed.

"The children don't have a lot of toys to play with, so they take other things. One boy found a bag and decided to turn it into a hat … so he rolled it up a bit and put it on his head," Smith said.