11 Jun 2025法庭線#6896
FB發帖被指不當遭革職 官中教師覆核勝訴 政府上訴指帖文鼓吹暴力
A government-school teacher was accused of posting inappropriate comments targeting the police on Facebook during the 2019 anti-extradition bill movement. Following a disciplinary hearing, she was found to have engaged in misconduct and was dismissed by the Civil Service Bureau. She earlier sought a judicial review, arguing that the authorities had wrongly found her to have engaged in misconduct, and won. The Civil Service Bureau, dissatisfied with the decision, lodged an appeal, which began at the High Court on Tuesday (10th).
The government argued that the teacher’s conduct was serious and openly disregarded government guidelines. It said the public expected teachers to nurture the next generation, not advocate violence, while her posts deepened social divisions and had to be dealt with seriously. The government also argued that the decision could not be considered unreasonable merely because the teacher faced financial difficulties after being dismissed.
The defence argued that the teacher had performed well during her 27 years as a civil servant, and that dismissal had dealt her a severe blow. She had lost her retirement benefits and developed depression. It also argued that the bureau had not given reasons for its decision or considered other disciplinary options, such as compulsory retirement, causing her injustice. After hearing submissions from both sides, the three judges of the Court of Appeal said they would deliver their judgment within nine months.
一名官校教師被指 2019 年反修例運動期間，在 Facebook 發表針對警方的不當言論，經紀律聆訊後被裁定行為不當，遭公務員事務局革職。她早前提出司法覆核，指當局錯誤裁定她行為失當，獲判勝訴。公務員事務局不服決定提上訴，周二（10 日）在高等法院開庭處理。
政府方指，教師的行為嚴重，公然漠視政府指引，又指公眾期望教師培育下一代，非鼓吹暴力，惟其帖文加深社會分歧，當局必須嚴肅跟進。政府方又指，教師不能因被革職面對經濟困難，便說局方決定不合理。
答辯方則指，教師任公務員 27 年間表現良好，革職對她造成嚴重打擊，除失去退休福利，亦患上抑鬱症，又指局方作決定時沒給予解釋，亦沒考慮其他處分方案，例如強制退休，對她造成不公。上訴庭 3 位法官聽畢雙方陳詞，將於 9 個月內頒判詞。
12 Jun 2024法庭線#3680
反修例期間涉發表不當言論遭革職 官中教師司法覆核勝訴 公務員事務局提上訴
A female teacher at a government school was accused of posting inappropriate remarks on Facebook during the 2019 anti-extradition bill movement. Following a disciplinary hearing, she was found to have committed misconduct and was dismissed by the Civil Service Bureau. She won her judicial review in April this year, with the judge quashing the Bureau’s dismissal decision and awarding her costs.
The Civil Service Bureau confirmed in response to an inquiry from The Witness that, before the appeal deadline expired, it had filed a motion with the Court of Appeal seeking to set aside the judgment. The Bureau said it was not appropriate to comment publicly at this stage because judicial proceedings were involved.
The Bureau reiterated that the Government attaches great importance to civil servants’ discipline and conduct, has zero tolerance for civil servants who violate the law or disciplinary rules, and will handle disciplinary cases fairly, impartially and rigorously under the civil service disciplinary mechanism.
官校女教師被指 2019 年反修例運動期間，在 Facebook 發表不當言論，經紀律聆訊後被裁定行為不當，遭公務員事務局革職。她今年 4 月司法覆核得直，法官撤銷局方的革職決定，並獲頒訟費。
公務員事務局回覆《法庭線》查詢時確認，已於上訴期限屆滿前，向上訴庭提出動議，申請撤銷判決。局方又指，由於涉及司法程序，現階段不適宜公開評論。
局方重申，政府非常重視公務員的紀律和操守，對違法或違紀的公務員零容忍，會按公務員紀律機制公平、公正及嚴謹處理紀律個案。
26 Apr 2024法庭線#3438
被指發表攻擊警察等言論遭革職 官中教師司法覆核勝訴 官稱非唯一可行懲罰
A female teacher at a government school was accused of posting inappropriate remarks on Facebook during the 2019 anti-extradition bill movement. After a disciplinary hearing found her conduct improper, she was dismissed by the Civil Service Bureau. She earlier filed for judicial review in the High Court, arguing that the authorities had wrongly found her conduct improper and that the dismissal decision was oppressive, and seeking to have it quashed.
High Court judge Ko Ho-man handed down his judgment on Friday (the 26th), allowing her judicial review. He ruled that although the teacher had acted improperly, the bureau appeared not to have considered other viable penalties, such as compulsory retirement, and had instead directly treated dismissal as the starting point for determining the penalty. This involved an error of law, so the challenge was well-founded. He ordered the dismissal decision to be quashed and awarded her costs.
The judgment said the teacher had taught at government schools for 25 years and, apart from this incident, had an unblemished record, but had lost her accumulated benefits as a result of the dismissal. Given her age, she might find it difficult to secure another employer, let alone rebuild her pension. There was also no evidence that her Facebook remarks had affected her teaching post or any students.
官校女教師被指 2019 年反修例運動期間，在 Facebook 發表不當言論，經紀律聆訊後被裁定行為不當，遭公務員事務局革職。她早前入稟高院提請司法覆核，指當局錯誤裁定她行為失當、辭退決定涉欺壓等，要求法庭撤銷局方革職決定。
高院法官高浩文周五（26 日）頒判詞，裁定她司法覆核得直，指女教師雖有行為不當之處，但局方處分時，看來未考慮其他可行懲罰如強制退休，就直接以革職為量刑起點，必涉法律上的錯誤，故理據成立，下令撤銷革職決定，並向她頒訟費。
判詞提到，女教師任教官校 25 年，除本次事件外，行為無可挑剔，卻因解僱失去所累積福利；以申請人的年紀，或難再覓新僱主，遑論重建退休金。另亦沒證據顯示，其 Facebook 言論對其校內教職，或任何學生有所影響。
11 Apr 2024法庭線#3336
反修例期間被指發表不當言論遭革職 官中教師申司法覆核、指懲處不合比例
A female government secondary school teacher was accused of posting inappropriate remarks on Facebook during the 2019 anti-extradition bill movement. Following a disciplinary hearing, she was found to have behaved improperly and was dismissed by the Civil Service Bureau. She earlier filed for judicial review in the High Court, arguing that the dismissal decision involved procedural impropriety and improperly interfered with her freedom of speech and expression. The case was heard on Thursday (the 11th).<br><br>In submissions, the applicant’s side said that the applicant had merely posted private opinions on her personal Facebook account, and that the posts were available only to “friends”. It argued that her freedom of speech and expression should be protected, otherwise the decision could have a chilling effect. The applicant’s side also referred to the posts in question, saying they were only intended to vent frustration and express emotions, and argued that the dismissal decision was disproportionate.<br><br>The Civil Service Bureau cited documents including the Civil Service Code, reiterating that civil servants must uphold core values and principles and maintain political neutrality. It therefore argued that even private opinions expressed on social media must not violate those principles. It also said that the applicant had more than 380 Facebook friends, meaning the content of the posts was capable of being disseminated, and that the posts had been widely circulated, so her students might have seen them. After hearing submissions from both sides, the judge said a decision would be handed down no earlier than 26 April.
一名官校女教師被指 2019 年反修例運動期間，在 Facebook 發表不當言論，經紀律聆訊後被裁定行為不當，遭公務員事務局革職。她早前入稟高院提請司法覆核，指當局革職決定涉程序失當，不恰當干預其言論及表達自由，周四（11 日）開庭處理。
申請方陳詞時稱，申請人當時僅在其個人 Facebook 帳戶發表私人意見，且帖文只供「朋友」閱讀，認為其言論及表達自由應受保障，否則或造成寒蟬效應。另申請方引述涉案帖文，指僅為洩憤、表達情緒等，指革職決定屬不合比例。
公務員事務局一方引述《公務員守則》等文件，重申公務員核心價值和原則，須抱持政治中立，故指即使在社交媒體上發表私人意見，都不可違反原則。另指申請人有 380 多名 Facebook 朋友，帖文內容已足以傳播，且其帖文有廣泛傳播，故其學生可能看過帖文。官聽畢雙方陳詞，指不早於 4 月 26 日或之前裁決。
10 Oct 2023法庭線#8470
反修例期間被指發表不當言論遭革職 官中教師入稟申司法覆核求推翻決定
A female teacher was accused of posting inappropriate remarks on Facebook during the 2019 anti-extradition bill protests. After a disciplinary hearing found her conduct improper, she was dismissed by the Civil Service Bureau. She filed for judicial review in the High Court on Monday (the 9th), arguing that the dismissal decision involved procedural impropriety and improperly interfered with her freedom of speech and expression.
The application stated that the applicant’s Facebook posts were visible only to “friends” and that the posts in question were circulated by an unknown person without her consent. It also argued that there was no evidence that the posts affected her professional teaching. Classroom observation records showed that she had never mentioned content insulting the police or used foul language in class, nor had she discussed political issues including June 4, class boycotts or marches. She asked the court to quash the bureau’s decision to dismiss her.
一名女教師被指 2019 年反修例期間，在 Facebook 發表不當言論，經紀律聆訊後被裁定行為不當，遭公務員事務局革職。她周一（9 日）入稟高院提請司法覆核，指當局革職決定涉程序失當，不恰當干預其言論及表達自由。
入稟狀提到，申請人 Facebook 帖文只供「朋友」閱讀，涉案帖文由不知名人士，在未經申請人同意下散播開去；又指沒證據顯示，帖文影響申請人的專業教學。而觀課紀錄顯示，她在課堂未曾提及辱警內容或涉粗言穢語，亦沒有談論六四、罷課、遊行等政治議題，要求法庭撤銷局方革職決定。
16 Jun 2023獨媒#7814
教育局推資源套列教師不恰當行為 籲勿叫學生花名、搭肩合照
The Education Bureau launched the “Guidelines on Teachers’ Professional Conduct” late last year, listing things teachers “should” or “should not” do, including “consciously safeguarding national security”. Yesterday (15th), it uploaded a school training resource kit detailing four case scenarios for teachers to discuss whether the conduct was appropriate. One involved putting an arm around a student for a photograph; the bureau said teachers must not engage in unnecessary physical contact simply because they are familiar with students, and must “consciously maintain an appropriate social distance from students”. Another case involved a teacher calling a student by the nickname “Quail”. The bureau said the conduct set a bad example for students to imitate, adding that “even if calling a student by a nickname is intended to express goodwill and affection, this behaviour is still inappropriate.”
教育局去年底推出《教師專業操守指引》，列出教師「應該」或「不應該」做的事情，如要求「自覺維護國家安全」。教育局昨（15日）再上載學校培訓資源套，詳列4宗個案情境，供教師討論是否恰當；其中包括與學生搭肩合照，局方指不能因與學生熟絡而作不必要的身體接觸，須「自覺地與學生保持適當的社交距離」；另一個案則講述教師以花名「鵪鶉」稱呼學生，當局指行為作不良示範使學生仿效，「即使是表示善意和親暱地叫學生的花名，這行為都不可取。」
24 Mar 2023獨媒#6208
教育局承認有教師被拒入境 無法北上參加內地考察團
A total of 21 teachers in Hong Kong had their teacher registration cancelled last year, twice the figure for the previous year. The Education Bureau told the Legislative Council today that not all the cases involved the 2019 anti-extradition bill protests, and that it would handle complaints in a manner that neither wrongfully punishes nor lets off anyone. The bureau also disclosed that 10 cases involving the anti-extradition bill protests would not be followed up on in relation to the teachers’ registration status until legal proceedings had been completed. It further said that a teacher was unable to join a mainland study tour for “entry-related reasons”.
香港去年共有21名教師被取消教師註冊，數字較前年上升兩倍。教育局今在立法會表示，並非全部個案都涉及2019年反修例事件，會以「不枉不縱」態度處理投訴。局方又透露有10宗涉及反修例個案仍待法律程序完成後，才會跟進其註冊資格。另外局方提到，有教師因為「入境原因」，無法前往內地考察團。
17 Dec 2022獨媒#5846
蔡若蓮：教師遇「未有定論」事件 不應在課堂討論部分人「所謂意見」
The Education Bureau announced the Guidelines on Professional Conduct in Education the day before yesterday (15th), listing various things teachers “should” or “should not” do, requiring them to “consciously safeguard national security”, among other requirements, and setting out eight aspects of teachers’ professional conduct and personal morality. Secretary for Education Christine Choi Yu-lin denied on a radio programme this morning (17th) that the Guidelines would restrict teachers’ speech on social media. She said general criticism was not a problem, but teachers should not make remarks advocating violations of social order. She also said that when discussing events in the course of social development on which no conclusion has been reached, it was inappropriate for teachers to make hasty judgments without knowing all the facts and bring some people’s “so-called opinions” into classroom discussions, as this could easily cause students to develop prejudice and preconceived ideas.
教育局前日（15日）公布《教育專業操守指引》，列多項教師「應該」或「不應該」做的事情，要求教師「自覺維護國家安全」等，並歸納出8項教師具備的操守和個人道德。教育局局長蔡若蓮今早（17日）在電台節目上否認《指引》會限制教師在社交平台上的言論，認為一般批評無問題，但不應發表鼓吹違反社會秩序等言論；又指在討論社會發展中、未有定論的事件時，教師不知道事實的全部下妄下判斷、將部分人「所謂意見」帶到課堂上討論不恰當，容易令學生有偏見及先入為主。
16 Dec 2022獨媒#5842
蔡若蓮：如涉刑事及本質上犯錯或永久「釘牌」 稱教師對《指引》期待已久
The Education Bureau yesterday published the Guidelines on Teachers’ Professional Conduct. Teachers who seriously violate the rules may face lifetime deregistration. Education Secretary Christine Choi Yu-lin further explained that if a teacher was involved in criminal conduct and was struck off for fundamentally wrong conduct, there would definitely be no opportunity to re-register, saying, “There is no way we can accept that they would affect our students,” and “there will be no chance of successfully applying for registration again.” She also said the profession had long awaited the guidelines, believing they could protect teachers and safeguard the profession, and that after being alerted, teachers would not easily engage in conduct that violated professional standards.
教育局昨日公布《教師專業操守指引》，教師如嚴重違規，可面臨終身「釘牌」。教育局局長蔡若蓮進一步解釋指，如教師涉及刑事及本質上犯錯後被「釘牌」，肯定不會獲得重新註冊的機會，稱「無辦法接受佢係會影響我哋學生」，「再成功申請註冊嘅機會就無啦」。她又表示，同行對《指引》期待已久，認為可以保護老師、守護專業，在有所警惕後便不會容易作違反專業行為。
15 Dec 2022獨媒#5835
教育局公布新《指引》 教師須自覺護國安、舉報潛在風
The Education Bureau today announced the Guidelines on Teachers’ Professional Conduct, listing various things teachers should or should not do and summarising eight aspects of teachers’ conduct and personal morality. The guidelines require teachers to “abide by the rule of law”: they must not only obey the law personally, but also “consciously safeguard national security”. Teachers are required to report to school management and the police, among others, when they receive “information that violates generally accepted moral standards in society” or “discover any potential illegality or non-compliance on campus”. Teachers involved in serious misconduct may have their licences suspended for life and be barred from re-registration.
教育局今公布《教師專業操守指引》，列舉多項教師「應該」或「不應該」做的事情，並歸納出8項教師具備的操守及個人道德。指引要求教師「恪守法治」，不謹個人要守法，還要「自覺維護國家安全」，教師被要求收到「違反社會普遍接受的道德標準的資訊」時，或者「發現校園內有任何潛在違法違規時」，須向學校管理層及警方等舉報。涉及嚴重失當的教師，可以終身停牌不得重新註冊。
Translations are supplied by the source workbook. Consult the original reporting for context.
