The Commission of Inquiry on Allegations relating to the Hong Kong Institute of Education submitted its report to the Chief Executive today, setting out its findings and conclusions. It found there was no concerted effort to force the institute into a merger with the Chinese University of Hong Kong.

While the report cleared Secretary for Education & Manpower Prof Arthur Li of impropriety, it accused former Permanent Secretary for Education & Manpower Fanny Law of interfering in the freedom of two academics - former lecturer Ip Kin-yuen and Prof Cheng Yin-cheong.

According to the report, Mrs Law complained to the institute's president, Prof Paul Morris about the pair whose public views "obstructed the smooth implementation of the education reforms and education policy. Mrs Law requested that Prof Morris try to curb Mr Ip's and Prof Cheng's criticisms, although she did not demand their dismissal."

The report concluded: "Mrs Law's complaints, even if well-intended, were improper and constituted an improper interference with Mr Ip's and Prof Cheng's academic freedom."

No adverse effect on academic freedom

It added: "By contacting the critics directly or through Prof Morris to air her complaints with a view to stopping unpleasant opinions, Mrs Law failed the standards of propriety expected of a senior civil servant.

"It is particularly regrettable that Mrs Law, as the second most senior official in charge of Hong Kong's education, should have had such apparent disregard for Mr Ip's and Professor Cheng's rights to their opinions - an essential component of academic freedom."

The report concluded: "Fortunately, as it turns out, the integrity of Hong Kong's academic freedom has not been adversely affected."

The commission also put forward recommendations to foster a close working relationship and co-operation between the Government and the institute. Chief among them is to set up an independent board to resolve disputes between tertiary education institutes and the government. 

Communications boost recommended

"The commission hopes that improved facilities of communication between the Education & Manpower Bureau and tertiary education institutes would reduce their mutual misunderstanding and distrust, and would enable them more effectively to serve the education sector and the public at large," it says.

Click here to see the full 224-page report.

In a statement, commission chairman and commissioner Justice Yeung Chun-kuen said it came to its findings and conclusions after critically examining evidence taken from the oral testimony of 24 witnesses, witness statements, and submissions and documents from various parties. Evidence was heard during 35 days from March 29 to June 6.

Inquiry 'independent, impartial'

He said the commission has fulfilled its duty of conducting the inquiry independently and impartially.

"We have laid bare the truth without ill will, favour or fear," he said.

"All the evidence related to the allegations was rigorously tested through cross-examination by counsel. The persons against whom allegations were made were given an opportunity to answer and to put forward their cases."

The entire process has been transparent, he said, adding the hearing was open to the public. The public and media were allowed access to witness statements adopted as witnesses' evidence-in-chief. Written submissions made by counsel were also made available.