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HKU council controversy
Hong KongLaw and Crime

Former University of Hong Kong student leaders challenge council on controversial appointment decision

Pair want High Court to rule that decision to reject appointment of liberal scholar Johannes Chan to top managerial post was wrong

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Coleman Li (left) and Billy Fung display their court writs outside the High Court. Photo: Dickson Lee
Chris Lau

The High Court should look into the University of Hong Kong’s governing council over its snubbing of a liberal legal scholar for a prominent post to ensure the academic autonomy enshrined in the Basic Law was being followed, a judicial review application has heard.

Lawyers for former HKU student union president Billy Fung Jing-en and his then vice-president Coleman Li Fung-kei urged the Court of First Instance to give the go-ahead for a judicial challenge to the council’s decision to reject legal scholar Professor Johannes Chan Man-mun for a pro-vice-chancellor post in September last year.
Chan’s bid was cut short after the council voted 12-8 against the appointment following a string of accusations published in pro-Beijing newspapers against the candidate recommended by an HKU search committee.
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Fung and Li lodged their legal action in December. They originally asked the court to quash the council’s decision.

But the pair backtracked on Tuesday, asking only for a declaration that the decision was made wrongly based on irrelevant information, as the post had since been filled by psychology professor Terry Au Kit-fong.

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In arguing for the students, senior counsel Gladys Li relied on Article 137 of the Basic Law, which states: “Educational institutions of all kinds may retain their autonomy and enjoy academic freedom.”

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