Deputy President, I declare that I am a member of the Council of The
Chinese University of Hong Kong (“the Council”).
The legislative process of The Chinese University of Hong Kong
(Amendment) Bill 2023 (“the Bill”) commenced on 16 December 2022. At that
time, we submitted a working draft to the Panel on Education for
consultation. Today, on 1 November 2023, the Bill is here for Second and
Third Readings. The entire legislative process took less than one year
thanks to the strong support rendered by various parties.
First of all, I would like to express my heartfelt gratitude to Prof
Priscilla LEUNG, Chairman of the Bills Committee, for her strong leadership
during the meetings of the Bills Committee by virtue of her thorough
understanding and insights of the relevant issues, which enabled effective and
smooth completion of the scrutiny of the Bill during the summer break of the
Legislative Council (“LegCo”), so that the Second Reading debate on the Bill
can be resumed today.
I would also like to thank other colleagues in the Bills Committee
for their active participation in the scrutiny of the Bill and their efforts in
faithfully reflecting the views of various sectors, which made the scrutiny a
fruitful exercise.
Furthermore, I would also like to express my heartfelt thanks to the
Bills Committee for supporting the Bill.
The Bill has also received supported by the Administration. I
would like to thank Secretary Dr CHOI Yuk-lin for her speech just now.
The primary objective of the Bill is to reorganize the Council in
order to fulfil the important tasks of reviewing the governing and management
structure of UGC-funded institutions to achieve good governance as called for
by UGC’s Sutherland Report in 2002 and Newby Report in 2016. One of the
goals is to achieve a ratio of 2:1 between external members (non full-time
employees or students of The Chinese University of Hong Kong (“CUHK”)) and
internal members (full-time employees or students of CUHK) in the Council.
Secondly, for the purpose of improving the governance of CUHK, the
Bill proposes, among others, reforms to the methods of employing or appointing
the Vice-Chancellor, the Provost and the Treasurer of CUHK, and the Chairman
and the Vice-Chairman of the Council; expressly provides for the role and
status of the Masters of the five additional Colleges under its collegiate
system; and revises the quorum at the meeting of the Council.
In fact, in the 20 years after the release of the Sutherland Report
by UGC, CUHK has gone through five Council Chairmen, four Vice-Chancellors and
two unsuccessful attempts to reorganize the Council. The management of the
university was also unjustifiably implicated because of that. Even
technical updating of The Chinese University of Hong Kong Ordinance and the
Statutes of The Chinese University of Hong Kong was forced to stand still for
more than 10 years. This is an absolutely ridiculous situation for any
normal thinking person. The governance of CUHK is completely out of touch
with its remarkable academic achievements in recent years. On the
contrary, the issue of governance has become an obstacle for CUHK to advance
and created many problems. I believe many of us here today and various
sectors of the community share this view.
This situation cannot and should not continue. Some people
criticized us for taking the initiative to present the Bill as going beyond our
duties, but in fact they are turning a blind eye to the ridiculous existing
situation. We reiterate that the purpose of this Members’ bill is to take
forward and implement the administrative reforms that the Council should have
made but failed to do so in the past 20 years.
Deputy President, the Bills Committee has held three meetings on the
Bill. I sincerely thank the representatives of CUHK for attending the
meetings, in particular, Chairman of the Council Prof John Y CHAI,
Vice-Chairman of the Council Dr Norman CHAN and Provost Prof Alan CHAN who gave
frank replies to members’ questions without any concealment, thus making it
possible for the meetings to be conducted efficiently.
I am particularly grateful to Dr Norman CHAN for chairing the
Taskforce on the Review of the Size and Composition of the CUHK Council (“the Taskforce”). Under
his chairmanship, the Taskforce has consulted 300 000 stakeholders via email
and held two consultation sessions on CUHK campus within four months to gauge
the views of stakeholders. Subsequently, a pertinent report was submitted
and endorsed by the Council, which provided a solid basis for the proposals
made in the Bill. The three of us have taken on board the relevant views
in the Bill.
Deputy President, from the incubation stage to today’s Third Reading
of the Bill, I sincerely thank the other two Members, Mr LAU Kwok-fan and Mr
TANG Ka-piu who jointly introduced the Bill with me, for their active
participation in the work this time.
(THE PRESIDENT resumed the Chair)
Another person that I would like to thank is Ms Alice MAK, the
Secretary for Home and Youth Affairs. She was one of the LegCo
representatives in the Council before being appointed as Secretary. During
the incubation stage of the Bill, she has put forward a lot of valuable
opinions. Subsequently, Mr TANG Ka-piu took over Secretary MAK’s
membership in the Council. Although taking over the job midway, Mr TANG
Ka-piu spent a lot of time to understand the structural problems of the Council
and was very committed to the amendment exercise. In particular, when CUHK
management claimed that they would refuse to pay the some $700,000 gazette fee
for the Bill, Mr TANG immediately told me that he would shoulder his share even
if he had to dig into his daughter’s dowry (Laughter). I was
really touched by that.
President, a Members’ bill initiated by Members to reorganize the
Council may seem logical, but in reality, there are a lot of
difficulties. In fact, after two unsuccessful attempts to reorganize the
Council, a huge amount of information on the reorganization proposal were left
to be sorted out. They involved complicated issues in relation to the
operation of CUHK. One can imagine the complexity of the legal and
technical issues arising therefrom. It is therefore intimidating to
introduce a Members’ bill under these circumstances. Hence, I have to
thank the staff of the Legal Service Division of the Legislative Council
Secretariat. Without their assistance in reviewing and refining the
content of the Bill, it would be almost impossible to introduce a bill that
meets all the requirements in terms of content and format. Meanwhile, I
also thank the staff of the Council Business Division for constantly giving us
reminders with regard to the procedures for the introduction of bills.
Of course, I also have to thank the staff of the Law Drafting
Division of the Department of Justice for taking the trouble to provide us with
professional advice in the early stage of the drafting of the Bill, so that the
Bill meets the stringent requirements of the Rules of Procedure and law
drafting.
The staff in my office also had to deal with a lot of additional
work because of the Bill. In particular, my legal adviser had to make a
number of revisions after collecting views from various parties during the
drafting process. I am very grateful for his help.
President, during the introduction of the Bill, the three of us have
faced numerous unwarranted attacks. However, we have also received
encouragement from various members of the community, both known and unknown to
us, and whether or not they are affiliated with CUHK. They expressed their
support to the Bill. I am very pleased with this and believe that the Bill
is firmly rooted in broad support from the community.
After the passage of the Bill, the Council will enter a transitional
period. It will be reorganized in accordance with the law. We look
forward to the resolution of the governance issues of CUHK, so that it can take
a big leap forward for further advancement.
I also have to thank the more than 10 colleagues who have spoken
just now for their support and encouragement.
With these remarks, President, I urge Members to support and endorse
the passage of the Bill and the amendments to be moved later on. Thank you
everyone. Thank you, President.
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