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。
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。
Translations are supplied by the source workbook. Consult the original reporting for context.
