Student leaders claim decision not to appoint law professor Johannes Chan was improper and ask court to reject it
CHRIS.LAU@SCMP.COM
PUBLISHED : Tuesday, 29 December, 2015, 6:46pm
UPDATED : Tuesday, 29 December, 2015, 6:46pm
HKU student union leaders Coleman Li (left) and Billy Fung file separate writs at the High Court. Photo: Dickson Lee
Two University of Hong Kong students launched separate legal actions to challenge the controversial decision by HKU’s ruling council not to appoint liberal scholar Professor Johannes Chan-mun as pro-vice-chancellor.
The president of the student union, Billy Fung Jing-en, who filed one of two applications for a judicial review in a High Court writ today, contends that the council erred in not giving Chan, a law professor at HKU, sufficient time to respond to accusations against him by council members.
Fung also said he would be challenging the council’s decision because it was based on irrelevant and false information. He asked the court to declare that the council’s decision was improper and hence should be squashed.
The union’s vice-president, Coleman Li Fung-kei, lodged a separate legal bid, arguing that the council had failed to give a proper explanation as to why it dismissed Chan’s application.
The court, Li said, should rule that the council had a duty to give reasons. He also demanded the decision be declared unlawful. Critics of the decision claim Chan was rejected because of his close ties to one of the founders of the Occupy Central movement.
The pair arrived at court in Admiralty at 3.20pm, about an hour and half before it closed. Today is the deadline for any judicial review applications to be launched against the council’s decision as it is three months since the decision was handed down.
Fung said: “I think the HKU council did not provide sufficient opportunities to the candidates who were criticised by the council.”
Li noted that never before had the council rejected a candidate recommended by the university’s selection committee. “This is a very rare example.”
He said council chairman Leong Che-hung had only said the decision was for the university’s good and cited confidentiality as reasons to avoid revealing details.
“In light of such special circumstances, I think the council has a responsibility to unveil its grounds.”
Asked if he was afraid of being accused of abusing legal procedures – a matter recently raised by a retired judge of the Court of Final Appeal, Henry Litton – Fung said there were reasonable grounds for their applications.
http://m.scmp.com/news/hong-kong/politics/article/1896058/university-hong-kong-students-seek-judicial-reviews-councils
