23 Sept 2025法庭線#7351
挑戰中學髮禁|校董會一方擬呈中大教授報告證校服儀容有常規 官批准
Two secondary school graduates filed a claim in the District Court, saying they had gender dysphoria and special educational needs but that the schools had failed to address them. They said that, after they refused to cut their hair short, they were required either to be publicly singled out at school or to switch to online classes, causing them severe emotional distress. They asked the court to declare that the schools had breached the Sex Discrimination Ordinance and Disability Discrimination Ordinance, and sought compensation and an apology.
Both sides separately applied to submit expert reports. District Court Chief Judge Ko King-shiu handed down a judgment on Tuesday (23rd), approving the schools’ application to submit an expert report by a professor at the Chinese University of Hong Kong to demonstrate that there are conventions in Hong Kong regarding school uniforms and grooming. The students questioned how the expert’s research methods could establish such conventions, and argued that, even if they existed, they involved gender stereotypes.
The judge held that the schools’ expert was professionally qualified to give evidence and that the research methods could be challenged at trial. The judge therefore approved the inclusion of the report at this stage.
兩名中學畢業生入稟區院,指自己有性別不安及特殊學習需要,但校方完全沒處理,更因他們拒絕剪短頭髮,被要求在校內示眾或改上網課,令他們承受沉重精神壓力,要求法庭宣告校方違反性別和殘疾歧視條例、作賠償及道歉。
雙方各自申請呈交專家報告。區院首席法官高勁修周二(23 日)頒判詞,批准校方的申請,讓其呈交中大教授的專家報告,以證明香港在校服和儀容上有常規;學生一方則質疑專家的研究方法如何證明常規,而就算有,亦涉性別刻板印象。
官認為,校方的專家有專業資格提供證據,而其研究方法可在審訊中挑戰,故現階段批准加入報告。
7 Nov 2024法庭線#4210
為內地學生報考DSE被拒 深圳教育中心指考評局差別對待 獲批司法覆核許可
The Shenzhen International Curriculum Centre applied this year for 62 Mainland students to take the 2025 Hong Kong Diploma of Secondary Education Examination as private candidates. However, because the centre was unable to provide official proof of its operation as an educational institution, the Hong Kong Examinations and Assessment Authority ultimately rejected the applications of 54 students. The other eight successfully applied after meeting other requirements.
The centre filed an application for judicial review in the High Court on Wednesday (6th), saying it had also applied on the students’ behalf to take the 2024 Diploma examination and had been approved. It argued that the HKEAA rejected the 2025 applications despite no change in the application requirements, alleging that the authority had misinterpreted the examination rules and treated candidates differently, and asking the court to quash its decision. The case was dealt with on Thursday (7th), when Judge Ko Ho-man granted leave for judicial review. The hearing is tentatively scheduled for December.
深圳國際課程中心今年為 62 名內地學生,以自修生身分報考 2025 年香港中學文憑試,但因中心未能提供官方辦學證明,最終 54 名學生被考評局拒絕報名,另 8 人因符合其他條件,成功報考。
該中心周三(6 日)入稟高等法院申請司法覆核,指中心亦曾代為報考 2024 年文憑試並獲批,然而考評局在報考條件沒有改變下,拒絕 2025 年的報考申請,認為考評局錯誤理解考試規則、差別對待考生,要求法庭推翻考評局的決定。案件周四(7 日)處理,法官高浩文批出司法覆核許可,暫定於 12 月聆訊。
23 Sept 2022法庭線#2505
城大收回學生會會址 14 學生「臨別禮」被票控 認違多戶聚集禁令 每人罰款 7,000 元
The City University of Hong Kong required its student union to vacate its premises in February 2022. The union held a farewell event, during which a number of students gathered and marched. Fourteen students took commemorative photos in front of the Democracy Wall and were subsequently prosecuted by summons for violating the prohibition on group gatherings, with the allegation that they had taken part in a prohibited multi-household gathering. The 14 students pleaded guilty to the summons charges at Kowloon City Magistrates’ Courts on Friday (23rd) and were each fined HK$7,000.
城市大學學生會 2022 年 2 月被校方要求收回會址,學生會舉行「臨別禮」,多名學生聚集遊行,有 14 人在「民主牆」前拍照留念,及後被票控違反「限聚令」,指他們參與受禁多戶聚集。14 人周五(23 日)在九龍城裁判法院承認傳票控罪,被判每人罰款 7,000 元。
20 Apr 2021立場新聞#1337
梁振英「803 基金」司法覆核 要求教育局公開操守失當教師資料 教協申介入聆訊被拒
The 803 Fund, established under the leadership of Leung Chun-ying, vice-chairman of the National Committee of the Chinese People’s Political Consultative Conference and a former Chief Executive, earlier applied for a judicial review seeking to require the Education Bureau to disclose the names and schools of teachers found to have committed professional misconduct. The Hong Kong Professional Teachers’ Union applied to intervene in the hearing, but a judge rejected the application.
由全國政協副主席、前特首梁振英牽頭成立的「803基金」,早前提請司法覆核,要求教育局公開已被裁定專業操守失當的教師姓名及任教學校。教協申請介入聆訊,惟申請被法官駁回。
3 Jul 2020聞庫(立場)#7745
歷史科取消試題司法覆核被駁回 法官判詞斥教育局言論屬威嚇 不認為「強國」能被試題所傷
The compulsory question in this year’s Hong Kong Diploma of Secondary Education Examination (HKDSE) History paper asked candidates to comment on whether Japan brought more benefits than disadvantages to China between 1900 and 1945. The question sparked controversy and repeated public condemnation by the Education Bureau, after which the Hong Kong Examinations and Assessment Authority announced that it would cancel the question. A candidate sitting the History examination applied to the High Court for a judicial review, seeking to overturn the authority’s decision to disqualify the question. Justice Anderson Chow Ho-man said today that the Education Bureau’s public criticism almost certainly involved political factors and contained an intimidatory element, but the court could not confirm that the conduct amounted to an abuse of power. He ruled that the authority had not breached any procedures in making its decision, dismissed the candidate’s application and ordered the candidate to pay the authority’s legal costs.
今屆中學文憑試(DSE)歷史科必答題, 要求考生評論 1900 年至 1945 年間,「日本為中國帶來的利多於弊」。試題引起爭議及教育局多次公開譴責,考評局最終宣布取消有關試題。一名應屆歷史科考生早前入稟高等法院申請司法覆核, 要求推翻局方 DQ 試題的決定。法官高浩文今日指,教育局的公開批評幾乎確定有政治因素,有威嚇成份,但是法庭不能確認這種行為屬於濫權,而考評局在作出決定時沒有違反任何程序,故裁定考生敗訴,需向考評局支付訟費。
Translations are supplied by the source workbook. Consult the original reporting for context.