Hong Kong court clears sacked primary school principal who handed over fake records to Education Bureau official
- Tuen Mun Court rules that prosecutors failed to prove Chan Cheung-ping’s intentions in submitting an interview record form for job candidates
- But magistrate says the form was suspicious and ‘looked like someone intended to cover up something’
A controversial Hong Kong primary school principal on Tuesday was found not guilty of using a false instrument – a job candidates' interview record form – despite providing fake records to the government before being sacked two years ago.
Tuen Mun Court ruled that prosecutors had failed to prove Chan Cheung-ping’s intentions in submitting the form on May 27, 2017.
The former principal of Hing Tak School in Tuen Mun was accused of using the form to induce the Education Bureau’s chief school development officer, Brian Cheng Kwok-yan, to accept it as genuine and subsequently act to his own or another’s disadvantage.
Magistrate Kelly Shui concluded the form was a false instrument and Chan was aware of it when she endorsed its contents by signing.
“The court finds [the form] suspicious … because it looks like someone intended to cover up something,” Shui said.
“Yet without clear evidence … the court is not satisfied the prosecution has proved your intentions at the time so you are acquitted.”
Chan was ousted by the school board before the start of the new academic year on August 17, 2017, by a vote of 17-2, with three abstaining. Chan did not attend the meeting, saying she was sick.
Yet without clear evidence … the court is not satisfied the prosecution has proved your intentions at the time so you are acquitted
Her dismissal followed a series of controversies at the school, including claims that admission figures had been exaggerated to avoid a cut in funding.
There were also allegations of alienating teachers, not following procedures when hiring or promoting staff, and failing to respond to inquiries from the board.
In August 2017, police began investigating and brought their first prosecution the following month against Cheung Kam-fai, 43, for remaining in school without permission, even though his teacher registration had been cancelled on February 15 that year.
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The bureau had notified the school on April 18 that Cheung could not enter or remain on the grounds after the invalidation but continued to receive complaints about his presence.
When confronted about a potential breach of the Education Ordinance, the school supervisor confirmed Cheung was hired as an assistant clerical officer on July 19, 2016 and an executive officer on March 20, 2017.
Cheung’s employment was terminated on April 19, 2017, following the bureau’s directive.
Cheng later visited to conduct further investigations, during which Chan provided him with a copy of Cheung’s interview record form for the post of assistant clerical officer, dated July 16, 2016.
The magistrate said the School Administration Handbook issued by the bureau – providing guidance on matters including the appointment of staff and the constitution of the selection panel – was meant for strict compliance.
Given Chan’s position, Shui said, she must have been aware that school forms would be subject to strict scrutiny and that it was her duty to ensure they accurately reflected the truth.
But she deduced that Cheung’s interview did not take place on July 16, 2016 as stated in the form, and observed a number of irregularities that included a forged signature.
“The court finds [Chan] knew what was stated in [the form] was not in accordance with facts,” Shui continued. “By giving [it] to [Cheng], the defendant must have intended to induce him to accept it as genuine.”
But Shui also observed that this was not a case where Cheung was never interviewed and Chan needed to cover it up.
She also noted Cheung was properly interviewed and there was no evidence to suggest the remarks about him recorded on the form were factually incorrect.
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Without hearing from the maker of the form, Shui said the court could not assume the form had been produced for a sinister reason because it could have been the result of an error of judgment, poor school administration or that Chan had turned a blind eye.
Chan had no prior convictions.
She had demanded HK$350,000 from the school management in a claim filed to the Labour Tribunal in September 2017 – but the case had been adjourned indefinitely to await completion of criminal proceedings against her.
Her former employee Cheung, also known as Cheung Chung-him, was slapped with 160 hours of community service in December 2018 after he was found guilty of remaining in a school without permission.
