19/09/2019
HCMP2801/2015 THE UNIVERSITY
34.
OF HONG KONG v. HONG
KONG
COMMERCIAL
BROADCASTING
CO LTD AND ANOTHER
The Senate is the organ entrusted with the power of regulation of all
matters
relating
to
education
in the
University.
Section
7(4)
of the
Ordinance provides:
“Subject to the provisions of this Ordinance and the statutes, and to the
financial control of the Council, the Senate shall have the regulation of all
matters relating to education in the University.”
35.
The constitution and powers of the Council are set out in the Statutes.
Statute XVIII provides that the Council shall consist of 24 persons, namely:
(a) seven persons appointed by the Chancellor (ie Chief Executive), one of
whom
shall be the Chairman;
(c) two
persons
Treasurer;
(b) six persons appointed by the Council;
elected by the Court;
(f) four elected full-time
(d) the Vice-Chancellor;
teachers;
(g) one
(e) the
elected full-time
employee of the University, not being a teacher; (h) one elected full-time
undergraduate student; and (1) one elected full-time postgraduate student.
36.
Statute XIX sets out the powers of the Council which include the power
to appoint
any
“officer”
of the
University.
“Officers”
are
defined
in
section 12(1) of the Ordinance to mean:
*... the Chancellor, the Pro-Chancellor, the Vice-Chancellor, the Deputy
Vice-Chancellor, the Pro-Vice-Chancellors, the Treasurer, the Deans of the
Faculties, the Registrar, the Librarian,
designated as officers by the statutes.”
37.
and such other persons
as may
be
Statute XIV paragraph 2 empowers the Council to determine and make
rules for the time, place, and procedure of its meetings.
The proceedings and
procedures of the Council are governed by the Guide and Code of Practice
for Members of the Council (“Code”), a copy of which is made available to
the
public
on
the
University’s
website.
The
Code
has
recently
been
amended, I am told, by a resolution of the Council itself, in August 2015.
Action for breach of confidence
https: //legalref.judiciary.hk/Irs/common/ju/ju_frame.jsp? DIS=101619&currpage=T
12/33