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Submission to CUHK Ad Hoc Committee on the Reorganization of the Council

Chong Yiu Kwong
23 March 2009

Guiding Principles and Recommendations

1. Governance of higher education must comply with the constitutional requirement set out in article 37 of the Basic Law:

“Educational institutions of all kinds may retain their autonomy and enjoy academic freedom.”

In order to retain university autonomy, linkages between the University and the Hong Kong Government should be reduced to a minimum and the members from the University should be the majority. .  In Robert Chung’s incident, it is clear that the views of members within and outside the university are different.  It is submitted the principle of university self governance is crucial to the existence of university autonomy and academic freedom.   The Chief Executive should no longer be the Chancellor of the University.  

2. Under international human rights laws, the United Nations Committee on Economic, Social and Cultural Rights recommended that:

  “Institutional arrangements should be fair, just and equitable, and as  transparent and participatory as possible.” 

 In order to ensure the above, holistic approach should be adopted in this consultation exercise.  Merely focus on the formation of the Council is plainly inadequate. The function of the Council should include implementing articles 34, 39 and 137 of the Basic Law in order to protect academic freedom and institutional autonomy.  The duty of the Council should include observing the Lima Declaration  and establishing its own policy statements on academic freedom and institutional autonomy. CUHK should propose measures to ensure the institutional arrangements to be fair, just, equitable, transparent and participatory.  In this consultation exercise, the promotion is far from adequate.   The University should hold a second round consultation before making the recommendation.

 In light of the above two principles, members appointed by the Chief Executive should not be more than 3 and not more than the seats elected by the Legislative Councilors.  

The Basic Law contains stronger message than the corresponding provision in the Sino-British Joint Declaration (Annex I, article 10): “Institutions of all kinds, including those run by religious and community organizations, may retain their autonomy.”
  General Comment No. 13 of the United Nations Committee on Economic, Social and Cultural Rights (1999), paragraph 40.  Visited the web-page of the UN Committee on 24 June 2008 at http://www.ohchr.org/english/bodies/cescr/comments.htm

3. The “Lima Declaration on academic freedom and autonomy of institutions of higher education” (Lima Declaration) , at its clause 19, states that

“The autonomy of institutions of higher education shall be exercised by democratic means of self-government, which includes active participation of all members of respective academic communities.  All members of the academic communities shall have the right and opportunity, without discrimination of any kind, to take part in the conduct of academic and administrative affairs.  All governing bodies of institutions of higher education shall be freely elected and shall comprise members of different sectors of the academic community.  The autonomy should compass decisions regarding administration and determination of policies of education, research, extension work, allocation of resources or other related activities.”

 In the formation of the Council, part-time staff and part time students should be able to participate in the process. 

4. Clause 10 of the Lima Declaration provides that:

“All institutions of higher education shall guarantee the participation of students in their governing bodies, individually or collectively, to express opinions on any national and international question.”

 Under the principles set out in the above four paragraphs, the Council must comprise student members.  It is proposed that, the Council should comprise the President of the Students’ Union and at least two student members (one by full time students and another by part time students) to be elected at genuine periodic elections which shall be by universal and equal suffrage in the campus.

 In 1994, the HKU University Senate considered the Lima Declaration and noted that it was consistent with the university’s mission and goals.   Professor Carole Petersen considered formal adoption of the Lima Declaration is necessary.  See Carole Petersen, (2000) “Preserving Academic freedom in Hong Kong: lessons from the Robert Chung Affair” in 30 HKLJ  165, endnote 34.
  For such an important issue, the consultation period of less than a month is too short.  In the University website, it is difficult to look for such a consultation.  The University should put a link in the front page in the next round’s consultation.
  Hence, at most three members appointed and elected by the Chief Executive and the LegCo respectively.
  After September 1986, World University Service requested Manfred Nowak to draft a declaration on academic freedom and higher education institutions’ autonomy.  In 1988, at the General Assembly of the World University Service, it adopted this Declaration in September 1988.  You may find the text of the Lima Declaration in many books that include:  John Daniel (ed.) (1993) Academic Freedom 2 : a human rights report, London: Zed Books, Annex 1.

5. Clause 5 of the Lima Declaration stipulates that:

“All States and institutions of higher education shall guarantee a system of stable and secure employment for teachers and researchers.  No members of the academic community shall be dismissed without a fair hearing before a democratically elected body of the academic community.”

 In order to attain the above principles, the Council should consist of at least three members to be elected by respective staff members (full time academic and teaching staff; full time administrative, clerical and other staff; and all part-time staff). 

Chong Yiu Kwong, B Ssc
United College graduate,
Part-time Lecturer of Social Work Department
23 March 2009