Education secretary stands by position on teacher misconduct

Secretary for Education Kevin Yeung Yun-hung has warned that teachers engaging in illegal activities and getting arrested face both disciplinary and legal action.

He said teachers, like other local residents, enjoy freedom of speech and civic rights guaranteed by the Basic Law in a free society like Hong Kong.

But, those suspected of misconduct, such as dispatching hate messages, will be investigated by the Education Bureau and their schools, and appropriate action will be taken when necessary.

Yeung told China Daily the often violent seven-month-long protests have not stopped completely although the SAR government had withdrawn the extradition law amendment bill — the first of the so-called "five demands" of the protesters.

"I would not call the five demands a 'false issue'," he said when asked if the protesters had ulterior motives.

"The government has responded, but responding does not mean promising them anything. The chief executive has made it clear it's not possible to grant an amnesty or release all the people arrested in the illegal protests at this stage because that would infringe on the rule of law, which is one of Hong Kong's core values.

"The chief executive has also explained that the Independent Police Complaints Council is the established channel that deals with complaints against police officers. Accordingly, more members have been added to the IPCC, while overseas experts are also engaged. The government will also set up an independent review committee to look into the deep-rooted causes of the social unrest of this magnitude and also the way forward," said Yeung.

"It's time we sit down and return to rational discussions. People should not continue to chant slogans and refuse to communicate if their demands are not entertained."

Since the protests erupted in mid-June last year, about 80 teachers were among some 7,000 people arrested so far.

Yeung said the number of teachers is not very large, given there are up to 70,000 secondary and primary school teachers in Hong Kong.

"Like other citizens, teachers are entitled to participate in peaceful processions and demonstrations, regardless of their profession or age. We only target teachers if they're involved in violent acts, such blocking roads, destroying public facilities and lynching because of different political views.

"The community has very high expectations of teachers' moral standards and professional ethics. If they commit offenses, they would be subject to police investigation and possibly face trial in court. If teachers are suspected to be guilty of moral misconduct, such as disseminating hate messages, the Education Bureau and their schools will invoke the established mechanism to decide whether to punish the teachers," the education chief said.

The education authority has received more than 120 complaints involving professional conduct of teachers, according to Yeung. When the bureau receives a complaint against a teacher, it would approach the relevant school. After receiving a report from the school, it will continue to investigate and provide an opportunity for the teacher involved to explain. If the school's report is positive and there's no further evidence, the complaint would be dropped.

"Schools should consider whether to suspend the disputed teachers in order to temporarily separate them from teaching for the protection of students. If a teacher is found guilty by the court, we would seriously consider if he/she is suitable to teach again, depending on the severity of the offense," said Yeung.

Teachers of government schools will be put on suspension with pay, as they are civil servants. For other teachers, it would depend on their employment contracts, but the government would not pay the schools concerning suspended teachers.

Yeung added that if a headmaster fails to cooperate in the investigation of a teacher, the Education Bureau would talk to the school council or the operating authority and could remove the headmaster pursuant to the Education Ordinance.

"This is only a matter of principle, with no headmaster having been removed from his or her post in recent years," he said in response to a "white terror" claim by the Hong Kong Professional Teachers' Union.