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Request for access to information relating to the Tung Wah Group of Hospitals Kap Yan Directors' College

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Dear Access to Information of the Education Bureau,

With reference to the video footage in the link as appended below
https://www.facebook.com/hoyannnnn/video...

I would like to seek information, in accordance with the Code on Access to Information, as to
(1) whether the two teachers shown in the video, one wearing short sleeve grey shirt, black pants and holding a camera, and another one wearing long sleeve blue shirt, black pants and holding an umbrella, who were respectively allegedly the discipline master and the vice principal of the Tung Wah Group of Hospitals Kap Yan Directors' College, were in their official capacity or private capacity during the taking of photographs of the students and the bystanders outside the school premise; and

(2) whether the conduct of their acts were carried out in their official working hour.

Your prompt reply is much appreciated.

Yours faithfully,

Mr Wong

Education Bureau

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Education Bureau
Hong Kong Special Administrative Region

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香港特別行政區  教育局謹覆

Education Bureau

Dear Mr WONG,
Code on Access to Information
Application No. 67/2019
This refers to your application under the Code on Access to Information
(the Code) received on 10 September 2019.  

Please be informed that the Education Bureau (EDB) is not in possession of
the information requested in your application.  According to paragraph
1.14 of the Code on Access to Information
([1]http://www.access.gov.hk/en/index.htm), government departments are not
obliged to acquire information not in their possession.  However, you may
consider contacting Tung Wah Group of Hospitals Kap Yan Directors’ College
(referred to as “the school”) directly for the information.

In connection with the video footage in the hyperlink provided in your
application, from what we learnt from the school, the visual records were
being taken when the teacher handled a parent’s complaint.  After the case
was closed, the visual records concerned had been deleted and the school
no longer possesses these records any more.  

Should you need further assistance, please contact Ms Carmen NG of North
District School Development Section of EDB on 2639 4842.  You are also
welcome to contact the school direct on 2672 7395.  

Yours sincerely,

Miss Suki CHEUK
for Secretary for Education

show quoted sections

Dear Miss Cheuk,

Thank you for your reply.

I am given to understand that the two teachers was handling a parent’s complaint at the material time, thus in execution of their official duty when taking photos of the students and bystanders outside the school premises. Their good faith in properly handled a complaint is praiseworthy.

In relation to the incident, may I be further advised about:

(1) the name and post title of the 2 teachers involved (your attention is drawn to a precedent case published by the Office of the Ombudsman with the link appended as follows: https://ofomb.ombudsman.hk/abc/files/CSD...

(2) whether the mobile phone used in the incident is an official device issued to the teacher, or a private device belonged to the teacher;

(3) who was the authority instructing or deciding the taking of photos of the students and bystanders gathering outside the school premises for the purpose of complaint handling;

(4) how such taking of photos of all students and bystanders is rationally connected to the intended purpose of handling the compliant;

(5) while the visual records are destroyed, are there any other records including but not limited to memos, minutes, notes, etc. maintained by the school or the Education Bureau in relation to the parent’s complaint in concern and its handling. (It is noted that the chief executive has emphasised in her policy address that the government attaches great importance to records management whereby adequate records are kept to document policy, decision, transaction and activity. I trust that there is proper records maintained as a matter of good school administration); and

(6) what is the school’s retention policy of complaint related records, and has reference been drawn to the guidelines published by the Government Records Service at “https://www.grs.gov.hk/en/hksar_governme... in drawing up the retention policy.

If you are not in the position to answer the above, grateful if you could forward this email to Ms Ng or the school for their direct reply.

Once again I would like to thank you for your prompt reply to my first email.

Yours sincerely,

Mr Wong

Education Bureau

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Education Bureau
Hong Kong Special Administrative Region

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香港特別行政區  教育局謹覆

梁東榮LEUNG Tung Wing,

Dear Mr. Wong,
Our school has just received your enquiry from Education Bureau.  We are
studying the case.
Best regards
Paul Leung
TWGHs Kap Yan Directors' College

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