Newsletter Issue No. 30

Council on Professional Conduct in Education Newsletter Issue No. 30 January 2015 Address : Room 702, 7/F, E-mail : pdocpc2@edb.gov.hk Kowloon Government Offices, Fax : 2891 8476 405 Nathan Road, Kowloon Website : http://cpc.edb.org.hk Telephone : 2780 8432 Compiled by : KING Chi-yu Published by : Council on Professional Conduct in Education Roles and Aspirations The New Term Council on Professional Conduct in Education CHOW Ping-yan, Chairperson of the Eleventh Term Council on Professional Conduct in Education The appointment of the Eleventh Term Council on Professional Conduct in Education (Council) was confirmed on 1 May 2014. While some veteran members have been re-elected, there are also new faces with aspirations and enthusiasm to serve the Council. First of all, I would like to take this opportunity to congratulate all of them on their election as representatives of all education professionals. I hope that, with a new mix and a new style, the new term Council will move forward to a new horizon and actively perform its functions. With positive interactions and concerted efforts, I wish Council members could further promote professional conduct in education by making good use of their time and demonstrating professionalism in focused discussions. Council members are required to perform their duties in accordance with the following terms of reference: 1. To advise the Government on measures to promote professional conduct in education; 2. To draft operational criteria defining the conduct expected of an educator and to gain widespread acceptance of these criteria among all sectors of the education community through consultation; and 3. To advise the Permanent Secretary for Education on cases of disputes or alleged professional misconduct involving educators. 1

In other words, the first task of the Council is to identify the best way to promote professional conduct in education. This is of course easier said than done, since what is the best is subject to interpretations. For example, some members consider the establishment of a Teaching Council essential to promoting professional conduct in education, while others think that the establishment of such a body is beyond the Council s terms of reference and that professional conduct in education should be promoted through education and disseminating the Code for the Education Profession of Hong Kong (Code). As such, the endless arguments that arose over the years were mainly focused on this issue. The second task is to revise or fine-tune the existing Code in light of the prevailing situation. In the course of this, the education sector should be consulted where necessary. To members of the current term, this should not be an insurmountable mission because members of the previous two terms have already undertaken and completed the revision work. An initial draft and several revised versions with practical guidelines and explanatory illustrations have been drawn up. Unfortunately, deliberations on these drafts have been delayed due to the lack of adequate discussions in the past. Therefore, the current term Council is required to review the revised Code along with the guidelines so that they can be released for consultation as soon as possible. It is of utmost importance that the revised Code and guidelines should be able to reflect the prevailing professional conduct in education and provide solutions in a sensible, reasonable and lawful manner. The third task is the study and review of all cases of misconduct, which is expected to be expedited by the current term Council. To some members, the best way to promote professional conduct in education is to establish a General Teaching Council belonging to the education community without subjecting it to the existing regulation of the government, as recommended by the Education Commission Report No. 5. Regrettably, the terms of reference of this Council were worked out by the Education Bureau in those days upon the Government s decision to withhold the establishment of a General Teaching Council and to set up this Council as an alternative. The outcome is that our terms of reference are only limited to the above three statements. This explains why despite some Council members persistent call for discussion within the Council on ways to take forward and prepare for the setting up of a body similar to a Teaching Council, such a request never gained the Education Bureau s consent or support. Besides, a lot of cases from the previous terms are still pending. The reasons for such a backlog of outstanding cases are complicated, such as undergoing legal proceedings, pending inquiry or pending follow-up action upon receipt of appeal. There are also cases without an expected date of conclusion owing to failure to contact the subject, lawyer s intervention, intentional delay, non-cooperation, the disappearing trick, declined or delayed provision of information, etc. Against this backdrop, the most urgent task for the Chairperson of the current term Council is to handle these cases promptly and properly, and to tackle the root problems. This will include clearing most of the backlogs accumulated over the years within a short period of time by speeding up or streamlining the case study, case filing and inquiry procedures in a sensible, reasonable and lawful manner, as well as searching the disappeared alleged persons with additional manpower or the Education Bureau s network and resources. Another task is, of course, to revise the outdated Code as 2

soon as possible and submit the updated version to the Permanent Secretary for Education for approval upon extensive consultation. In the long run, we have to build a team of teachers or teaching professionals with a high standard of professional conduct. However it is difficult to address the issue by merely introducing external controls, such as regulations, code of conduct or guidelines, to govern the professional conduct of educators. Hence, I suggest taking a preventive and educational approach to enable the teaching profession to develop internal controls for self-management or self-improvement, thus promoting the conduct of the entire profession ultimately. And this indeed would be in the best interest of our students. As a committed educator and Council member, are we genuinely willing to put aside ourselves for the sake of enhancing the overall professional conduct in education? Do we truly care about our children, expecting our next generation to grow up in a most caring environment that attaches utmost importance to self-esteem and to learn under the guidance of educators who thoroughly display self-regulation, commitment and a high standard of professional conduct? If our answers are affirmative, with stakeholders and friends of the media as witnesses, I hereby call upon all educators to uphold our pledge to take the lead in safeguarding the conduct of the education profession in Hong Kong. The opinions expressed in any article of this Newsletter, whether contributed voluntarily or by invitation, represent only the authors themselves and do not reflect the views of the Council on Professional Conduct in Education. The authors should assume full responsibility for their contributions. The Council owns the copyright of the Newsletter, but welcomes the reproduction of the Newsletter by teachers and members of the public for the purposes of education and promotion. 3

Taken at the Fourth Council Meeting on 11 November 2014 Back row from left: Ms FUNG Pik-yee, Ms FUNG Yun-yee, Mr CHUNG Siu-ki, Jonah Atkinson Ms CHOW Lo-sai, Pauline, Mr CHEN Yan-kai, Ms KWAN Shuk-ling, Elaine Mr TSANG Hin-kwong, Mr YU Kai-chun, Mr CHOI Sung-ki Mr LAU Wai-sun (Secretary), Ms NG Lai-fun, Ms TSUI Wai-chuen, Grace, MH Ms YU Yee-wah, Eva Front row from left: Mr KING Chi-yu, Mr FONG Yiu-fai, Mr YEUNG Sai-man Mr FONG King-lok (Vice-chairperson), Mr CHOW Ping-yan (Chairperson) Mr PUN Tin-chi, Mr LAI Kam-tong, Godwin (Representative of the Education Bureau) Ms LUK Oi-yi, Reona (Chief Professional Development Officer of the Education Bureau) Mr LO Kon-keung 4

Under the Council, there are one Executive Committee and four Sub-committees, which are responsible for conducting various activities and carrying out the work of the Council. 1. Executive Committee is directly responsible to the Council; puts forward proposals on future work plans of the Council for discussion and endorsement at Council meetings; follows up on and implements the resolutions of the Council; prepares discussion papers for the Council; may deal with the administrative work between two Council meetings as authorised by the Council, such as issuing letters of courtesy (e.g. invitation and thank-you letters), applying for or changing activity venues and following up on the arrangements of special meetings; may request the Council Chairperson to hold a special meeting as special need arises; and serves as member of the Vetting Panel when there is an appeal against the judgement made upon conclusion of an inquiry. 2. Case Study Sub-committee scrutinises and fine-tunes the Case Handling Procedures (Procedures), and assists other Council members in handling cases. The complaint cases received by the Council are followed up in accordance with the Procedures. The Sub-committee will analyse and sort the cases for members reference. 3. Code of Professional Conduct Sub-committee reviews and fine-tunes the Code for the Education Profession of Hong Kong and the Practical Guidelines (draft) (hereinafter collectively referred to as Code ), disseminates the Code to the education sector and collects stakeholders views before submitting the Code to the Permanent Secretary for Education. 4. Promotion Sub-committee promotes the work of the Council and enhances education workers awareness of their professional conduct. 5. Enhancement of Professionalism Sub-committee enhances professional status and professional autonomy; keeps abreast of the developments of other local professional bodies and overseas teachers associations; and gauges the views of the education sector. 5

The Eleventh Term Council has a total of 27 members, whose tenure lasts from 1 May 2014 to 30 April 2016. Category Name Sub-committee(s) Serving* Name of Nominating School/Organisation Nominated by Education Organisations Teacher Education Institutions Dr KO Po-yuk 3 The Hong Kong Institute of Education School Groups and Dr CHAN Wai-kai Hong Kong Direct Subsidy ----- Sponsoring Bodies Scheme Schools Council Ms LAM Yuen-kwan, Yvonne 1, 4 The Association of Hong Kong Chinese Middle Schools Organisations of School Heads Mr CHOI Sung-ki 1, 3 Hong Kong Association of the Heads of Secondary Schools Teachers Unions Mr PUN Tin-chi (Executive 4 Hong Kong Professional Committee Member) Teachers Union Mr YUNG Shek-shing 1 Government Educational Staff Union Subject-related Organisations Mr FONG Yiu-fai 1, 2, 4 Chinese History Education Society Mr TSANG Hin-kwong 4 Hong Kong Technology Education Association Ms TSUI Wai-chuen, Grace, MH (Executive 1 The Secondary School English Teachers Association Committee Member) Educational Commentary and Research Organisations Mr CHOW Ping-yan (Chairperson and Executive Committee Member) 2 Education Convergence Other Educational Organisations Ms CHOW Lo-sai, Pauline 4 Hong Kong Women Teachers Organization Nominated by Teachers Aided Secondary Mr CHEN Yan-kai 4 (Independent Candidate) Schools Mr FONG King-lok (Vice-chairperson and 2, 4 Po Leung Kuk Lee Shing Pik College Executive Committee Member) Ms FUNG Yun-yee 4 Ng Yuk Secondary School 6

Government Secondary Mr LO Kon-keung 4 Arts & Technology Education Schools Centre Direct Subsidy Scheme Ms NG Lai-fun 1 HKBU Affiliated School Wong and Private Secondary Schools Kam Fai Secondary and Primary School Aided Primary Schools Ms FUNG Pik-yee (Executive Committee 3 Aplichau Kaifong Primary School Member) Mr YU Kai-chun 3 Tsuen Wan Chiu Chow Public School Ms YU Yee-wah, Eva 4 HKTA Yuen Yuen Institute Shek Wai Kok Primary School Government Primary Schools Mr CHEUNG Kam-fai (Executive Committee Member) 1, 2 (Independent Candidate) Direct Subsidy Scheme Seat vacant because no and Private Primary Schools nomination was received ----- ----- Kindergartens Ms KWAN Shuk-ling, 4 (Independent Candidate) Elaine Ms LAW Wai-mei 3 Hong Kong Vernacular Normal School Alumni Association School Special Schools Mr CHUNG Siu-ki, Jonah Atkinson 1 Hong Kong Red Cross Princess Alexandra School Mr KING Chi-yu (Executive Committee Member) 3 Lutheran School for the Deaf Nominated by Permanent Secretary for Education Lay Member Mr WONG Wai-hung, 4 Addy, MH ----- Lay Member Mr YEUNG Sai-man 1 ----- Representative of the Mr LAI Kam-tong, Education Bureau Godwin ----- ----- *Notes: 1. Case Study Sub-committee 2. Code of Professional Conduct Sub-committee 3. Promotion Sub-committee 4. Enhancement of Professionalism Sub-committee 7

(From 1 May 2014 to 30 April 2016) Date Organised by Member speaker(s) 1. 10 Jun 2014 (Tue) Yan Chai Hospital Ho Sik Nam Primary School Mr LO Kon-keung 2. 10 Jun 2014 (Tue) Yuk Yin School Ms LAW Wai-mei 3. 13 Jun 2014 (Fri) Keen Mind Kindergarten & Nursery Mr CHOW Ping-yan 4. 4 Aug 2014 (Mon) Hong Kong Society for the Protection of Children Park N Shop Staff Charitable Fund Nursery School Ms LAW Wai-mei 5. 27 Sep 2014 (Sat) SKH Kindly Light Church Or Pui Cheung Kindergarten Ms KWAN Shuk-ling, Elaine 6. 3 Oct 2014 (Fri) Semple Kindergarten Mr FONG King-lok 7. 9 Oct 2014 (Thu) SKH Ho Chak Wan Primary School Mr LO Kon-keung 8. 10 Oct 2014 (Fri) Jockey Club Government Secondary School Mr LO Kon-keung 9. 22 Oct 2014 (Wed) Aplichau Kaifong Primary School Mr PUN Tin-chi 10. 30 Oct 2014 (Thu) Fong Tam Yuen Leung (Tsz Wan Shan) Kindergarten-Cum-Nursery Ms KWAN Shuk-ling, Elaine 11. 10 Nov 2014 (Mon) Yu Chun Keung Memorial College No. 2 Mr CHOI Sung-ki 12. 12 Nov 2014 (Wed) Jing Jing International Kindergarten Ms CHOW Lo-sai, Pauline 13. 14 Nov 2014 (Fri) CCC Kei Chun Primary School Mr FONG King-lok 14. 19 Nov 2014 (Wed) Tai Po Methodist School Mr PUN Tin-chi 15. 19 Nov 2014 (Wed) Pok Oi Hospital Mrs Chu Kwok King Memorial Mr CHOI Sung-ki Kindergarten / Day Nursery 16. 21 Nov 2014 (Fri) Karlam Anglo-Chinese Kindergarten (Oasis Garden) Ms TSUI Wai-chuen, Grace, MH 17. 28 Nov 2014 (Fri) Lok Sin Tong Primary School Mr FONG King-lok 18. 2 Dec 2014 (Tue) Fanling Baptist Church Lui Ming Choi Kindergarten Ms KWAN Shuk-ling, Elaine 19. 5 Dec 2014 (Fri) Po Leung Kuk Yu Lee Mo Fan Memorial School Mr CHOW Ping-yan 20. 23 Dec 2014 (Tue) Yan Chai Hospital Ming Tak Kindergarten Mr PUN Tin-chi 21. 2 Jan 2015 (Fri) Kam Tsin Village Ho Tung Kindergarten Mr FONG King-lok 22. 2 Jan 2015 (Fri) Tai Ping Kindergarten Mr PUN Tin-chi 23. 30 Jan 2015 (Fri) Faculty of Education, HKU Ms TSUI Wai-chuen, Grace, MH 24. 26 Mar 2015 (Thu) HHCKLA Buddhist Leung Chik Wai College Mr CHOI Sung-ki 25. 1 Apr 2015 (Wed) PLK HKTA Yuen Yuen Primary School Mr CHOW Ping-yan Ms CHOW Lo-sai, Pauline 8

The Council on Professional Conduct in Education Case Handling Procedures (Extract) Introduction Cases of misconduct fall into two categories: case study and complaint cases. For case study, the facts and findings of the case will be published to promote the professional conduct in education. For complaint cases where an educator is alleged of misconduct, the following Complaint Handling Procedures shall be observed. Investigation will be conducted by the Preliminary Investigating Panel. The case will then be decided by two Council members whether it should be filed for inquiry. Once the case has been filed, three Council members will hold an inquiry into the facts of the case to determine whether it constitutes a breach of professional conduct and to make appropriate recommendations. In the event of professional misconduct, recommendations may be made to the Permanent Secretary for Education to mete out punishment. Any educator aggrieved by the decision may lodge an appeal, which will be handled by five other Council members, whose decision is final. The procedures for lodging a complaint are detailed as follows: (1) A standard form shall be used. (2) Counter-claims can be lodged. (3) Complaints which fall outside the ambit of the Council may not be accepted. (4) A case accepted may not necessarily be filed if sufficient prima facie evidence cannot be established. (5) An appeal can be lodged if the case is not accepted or filed. (6) Inquiry may end up with reconciliation. (7) Any appeal lodged after the conclusion of inquiry shall be referred to the Vetting Panel on Case-filing Appeals (the Vetting Panel), which may have the appeal dismissed. 1. Preface The Council was established in April 1994. One of its functions is to make recommendations to the Permanent Secretary for Education concerning disputes or cases of alleged misconduct involving educators. Making reference to internal disciplinary proceedings adopted by various local professional bodies, the Council formulated the first edition of Case Handling Procedures in December 1994. The version in use is the sixth edition revised in March 2002. 2. Categorisation of Cases The Council handles two categories of cases: - complaint cases lodged by complainants, which may result in the imposition of punishment (see paragraphs 3 to 10); and - case study where no complainant is involved and no punishment will be made (see paragraph 11). 3. Procedures for Lodging a Complaint 3.1 Ways of lodging a complaint (a) The complainant can lodge a complaint direct. The complainant and the alleged should present themselves in personal capacity. (b) Complaints can be referred to the Council in any ways by any persons or bodies. However, the identity of the complainant shall be revealed. 3.2 Procedures for lodging a complaint (a) The complaint shall be made in writing. (b) The complaint shall be made by way of a standard form (see Form 1) prescribed by the Council. (c) If the Secretary of the Council (the Secretary) thinks justifiable, verbal complaint will be accepted. The Secretary will then note down the complaint in writing, which shall be endorsed and signed by the complainant. 3.3 Submission of complaints (a) The complainant, on completing the prescribed form, may send it in any ways to the Secretary. (b) The Secretary shall, on receipt of the complaint, acknowledge in writing as soon as possible. 3.4 Counter-claims (a) The Secretary shall, within 14 days after acknowledging receipt of the complaint, inform the person being complained of (the alleged) in writing that a complaint has been lodged against him/her and that he/she has the right to make a counter-claim. (b) Counter-claims shall be submitted by the alleged within 14 days after the first interview with the Preliminary Investigating Panel. Late submission will only be accepted if sufficient grounds have been provided to the satisfaction of the Case-filing Panel. 4. Complaint Handling Framework Complaint cases are to be handled by a Preliminary Investigating Panel, a Case-filing Panel and an Inquiry Panel respectively. Their composition and functions are as follows: 4.1 The Preliminary Investigating Panel shall consist of two staff members of the Secretariat. They are responsible for conducting a preliminary investigation upon receipt of a complaint and making an investigation report to the Case-filing Panel for follow-up action. 4.2 The Case-filing Panel, consisting of two members of the Council (Council members to serve in rotation), will be formed within 14 days after the receipt of a complaint. Upon receipt of the investigation report, the Panel will decide whether the case shall be filed. If the case is to be filed, the Inquiry Panel shall make arrangements for both parties to appear in the inquiry. 4.3 The Inquiry Panel shall consist of three members of the Council (Council members to serve in rotation). They are responsible for conducting an inquiry and assisting both parties in making representations and clarifications in person as appropriate. After the inquiry, the Panel shall arrive at a conclusion and make recommendations to the Permanent Secretary for Education for eventual follow-up action. 4.4 Both parties shall fully co-operate with the Preliminary Investigating Panel, the Case-filing Panel and the Inquiry Panel. If the Panels are of the opinion that the complainant is uncooperative, they can suspend their actions on the complaint case. If the Case-filing Panel considers the alleged uncooperative, a decision can still be made for the case to be filed provided that sufficient evidence has been given by the complainant. The Inquiry Panel will make recommendations upon adjudication. 4.5 Complaints which are likely to jeopardise public safety or involve criminal offence shall be referred to the relevant authorities for follow-up action. 4.6 In the event of appeal, a Vetting Panel will be set up (see paragraphs 7 and 10). 9

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