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Benny Tai was sacked from his position of associate professor of law at the University of Hong Kong. Photo: Nora Tam

Sacked legal scholar Benny Tai to challenge Hong Kong’s leader Carrie Lam over dismissal

  • HKU associate professor admits move is futile but says city’s leader is evading responsibility for infringing on academic freedom
  • Lam is default chancellor of publicly funded institution and Tai believes outside forces were responsible for his removal
Occupy movement co-founder and legal scholar Benny Tai Yiu-ting is to appeal his sacking by the University of Hong Kong to the city’s leader, even though he admitted it was futile.

A day after the HKU governing body voted to immediately remove him from his tenured post, Tai announced on his Facebook page he would take the issue to Chief Executive Carrie Lam Cheng Yuet-ngor, who in her official capacity is the default chancellor of the publicly funded institution.

“Though I know this is a futile process, Carrie Lam cannot evade her responsibility [for] infringing [on] Hong Kong’s academic freedom,” he wrote. “There is clear evidence that a power beyond the university has overturned the decision of the university.”

Tai, an associate professor of law, was sacked on Tuesday over his criminal convictions last year related to the civil disobedience movement for greater democracy he co-founded in 2014.

Lei Tsz-shing, student representative of HKU governing council, talks to the press about his disappointment with the decision to sack Benny Tai. Photo: Xiaomei Chen

In an 18 to 2 vote by secret ballot, the university council, which consists of a majority of members from outside the institution, including government-appointed ones, reversed an earlier recommendation by the campus senate – formed of academic staff – which decided there were not enough grounds for Tai’s dismissal, even though he committed misconduct.

Within three hours of the vote, Beijing’s liaison office in the city issued a statement supporting the dismissal for punishing “evil” and upholding justice.

State media continued to register its approval of Tai’s sacking on Wednesday, with an online commentary of People’s Daily labelling him the “commander of Hong Kong independence”. Hu Xijin, editor of the nationalist tabloid Global Times, gave the decision a “thumbs up”.

Neither HKU nor its council elaborated on Tai’s dismissal, citing confidentiality agreements at the closed-door meeting, despite council member and student representative Lei Tsz-shing, as well as the university’s student union, urging council chairman Arthur Li Kwok-cheung, a member of Lam’s cabinet, to openly explain the decision in the interests of public accountability. The Post has approached Li for comment.

HKU sacks Occupy co-founder Benny Tai over court convictions

HKU law dean Professor Fu Hualing said he was “saddened” by Tai’s dismissal, calling it “unfortunate and regrettable that the matter has to end in this manner”.

“The university proceedings on Benny’s case have been lengthy and difficult. I know the case has affected the faculty and a number of our colleagues,” Fu said in a letter to faculty members on Wednesday.

“We and the Hong Kong community are facing a trying time. I have faith that our faculty will remain united and resilient, and continue to strive to safeguard academic freedom and the rule of law values that we treasure.”

Describing Tai as “kind to students and friendly to colleagues”, Fu added: “I believe we as a faculty should recognise the many valuable contributions that Benny made to the faculty during his long academic career with us.”

Tai, 56, was sentenced in April last year to 16 months in prison for two public nuisance offences over his role in the 2014 unrest, which lasted 79 days. He has been out on bail pending an appeal, with a hearing to be held in March.

Tai has argued that the university should wait for the result of his criminal appeal before making a decision on his tenure.

The university’s inquiry into Tai’s teaching position was initiated last year after his conviction, at the discretion of president Zhang Xiang.

Beijing accuses Occupy leader of breaking national security law with primary poll

An inquiry committee was formed to consider if there was “good cause” for firing him, with reference to whether he was incapable of “performing efficiently the duties of the office”, deemed to be in neglect of duty or guilty of “misconduct in an official or a private capacity”.

On Wednesday, Tai also released details of his written submissions handed to the university’s council and senate, in which he argued the Occupy movement was of a peaceful nature, while there was “no abuse of power or exploitation” of his teaching position.

“He [Tai] may be unconventional, or even naive, but he is also honest, well intentioned, and true to himself and to his discipline. Are these not values treasured by the university?” said the submission from his legal representatives, who include former HKU law dean Johannes Chan Man-mun.

Chan, a colleague and a friend of Tai’s, lost his bid in 2015 to become pro-vice-chancellor after a search committee put Chan forward as their only recommendation for the job, only for the council to reject it.

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A government spokesman said on Wednesday that Tai’s appeal to Lam would be handled on receipt of the application, while the Education Bureau said although the government had no role to play in HKU’s internal staff matters, any teachers, including those at universities, should “remain professional and uphold integrity”.

Apart from the appeal to the chief executive, Tai said he was also discussing with his lawyers the possibility of seeking judicial review.

Tai, who said he would not stop his research or teaching, added he planned to complete a book on the rule of law, and had started an online patron scheme to seek sponsorship from his supporters.

Those taking part would get updates of his work, and can attend seminars or workshops organised by him.

This article appeared in the South China Morning Post print edition as: Tai to appeal to Lam over HKU sacking
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