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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

Thank you for your e-mail.
This message is an acknowledgement of receipt of your e-mail.  Your e-mail
will be forwarded to the responsible officer for processing/reply.
(This message is generated by Auto Reply System)
Education Bureau
Hong Kong Special Administrative Region

本局現確認收到你的電郵。你的電郵會轉至有關負責人處理/回覆。
(以上訊息由自動回覆系統發出)
香港特別行政區  教育局謹覆

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

Thank you for your e-mail.
This message is an acknowledgement of receipt of your e-mail.  Your e-mail
will be forwarded to the responsible officer for processing/reply.
(This message is generated by Auto Reply System)
Education Bureau
Hong Kong Special Administrative Region

本局現確認收到你的電郵。你的電郵會轉至有關負責人處理/回覆。
(以上訊息由自動回覆系統發出)
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

Dear Mr WONG,
Code on Access to Information
Application No. 67/2019
        This refers to your follow-up request received by the Education
Bureau (EDB) on 17 September 2019.  

        The complaint mentioned in point (5) of your email was lodged with
Tung Wah Group of Hospitals Kap Yan Directors’ College (referred to as
“the school”).  EDB is therefore not in possession of the records of the
case details.  

        Other information requested in your email is not in EDB’s
possession either.  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.  Nevertheless, we have forwarded your email at your request to
the school, which is the appropriate source of the requested information,
for their direct reply.  

        For enquiries about this reply, please contact Ms Carmen NG of
North District School Development Section of EDB on 2639 4842.  For
enquiries about your requested information, please contact Mr LEUNG
Tung-wing Paul, the principal of the school on 2672 7395.

Yours sincerely,

Miss Suki CHEUK
for Secretary for Education

show quoted sections

Dear Miss Cheuk,

Your prompt reply is highly appreciated.

While the further reply from Mr Leung of the school is still awaited, I am interested to acquire further information concerning the supervisory role of the Education Bureau over the management of schools. In this regard, grateful if you could provide me:

1. The function, scopes of work, organisation chart and staff composition of the North District School Development Section;

2. The job descriptions of the post which Ms Ng of the North District School Development Section holds; and

3. Any policies, guidelines, instructions, manuals, procedures, etc. concerning the handling of complaints lodged with the Education Bureau by members of the public.

Yours sincerely,

Mr Wong

Thank you for your e-mail.
This message is an acknowledgement of receipt of your e-mail.  Your e-mail
will be forwarded to the responsible officer for processing/reply.
(This message is generated by Auto Reply System)
Education Bureau
Hong Kong Special Administrative Region

本局現確認收到你的電郵。你的電郵會轉至有關負責人處理/回覆。
(以上訊息由自動回覆系統發出)
香港特別行政區  教育局謹覆

梁東榮LEUNG Tung Wing,

Dear Mr. Wong,

 

We refer to your enquiries made in an email to Education Bureau on 17
September 2019.

 

In order for us to consider your request, we would be grateful if you
could provide the below information for our review:

 

1.      Your full name, roles and identities in relation to the incident
involved;

2.      The purpose and reasons of obtaining such information.

 

As your request is relating to the personal information, your request will
be considered based on your provision of the above information as well as
the applicable laws and regulations.

 

Best regards

Paul Leung

梁東榮LEUNG Tung Wing <[1][email address]> 於 2019年9月20日 週五 上
午10:32寫道:

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

References

Visible links
1. mailto:[email address]

Dear Mr Wong,
Code on Access to Information
Application No. 67/2019
          Our bureau has received your further enquiry under Access to
Information on 2 October 2019.  

        Your application is now under processing.  According to paragraph
1.16 of the Code on Access to Information, our bureau will inform you of
the latest progress of the case separately on or before 22 October 2019.
 In the meantime, please contact me at 2892 6121 if you have any enquiry.
Yours sincerely,

Miss Suki CHEUK
for Secretary for Education

show quoted sections

Dear Mr Leung,

I refer to your preceding email and my email of 17 September 2019 concerning six items of requested information.

Items 1 and 3
Amongst the six items, I understand that these two items concern the personal information of other individuals, which essentially gave rise to your request of my personal information before giving a reply. I am considering your request and please put a hold on giving replies to these two specific items.

Items 2, 4, 5 and 6
These items concern with the policies, guidelines as well as the handling procedures of the incident, and has nothing to deal with personal data as provided for by applicable law. In this regard, please provide your reply on the said items, which I trust they can be answered without a need to disclose the personal information of any individuals.

Grateful for your early reply on items 2, 4, 5 and 6. I am looking forward to hearing from you.

Yours sincerely,

Mr Wong

Dear Mr Wong,
Code on Access to Information
Application No. 67/2019
This refers to your follow-up request received by the Education Bureau
(EDB) on 2 October 2019.

North District School Development Section (NDSDS) is one of the 18 School
Development Sections under the 4 Regional Education Offices (REOs) located
in Hong Kong, Kowloon, New Territories East and New Territories West
respectively.  REOs were set up to forge a closer partnership with schools
and to provide comprehensive and integrated services to schools and the
public at the district level.

Under the supervision of the Principal Assistant Secretary (School
Development), the REOs are headed by two Principal Education Officers.
 The 18 School Development Sections in the REOs, comprising Education
Officers (Administration), Inspectors and Specialists, provide a full
range of professional support services to schools, such as school
administration, curriculum development, learning and teaching, student
guidance and psychological services.

The main duties of all School Development Sections, including NDSDS, are
as follows:

        (a)        Enhancing school development
                 (i)        Facilitating schools to implement School-Based
Management which includes supporting schools to devise development plans
and conduct self-evaluation;
                 (ii)        Providing school-based support services to
schools.
                   
        (b)        Networking teachers/schools at the district level for
dissemination of good practices and experience sharing with a view to
promoting quality education.
         
        (c)        Implementing policies
                 (i)        Promoting and implementing
policies/initiatives under the Education Reform and Curriculum Reform and
supporting schools in their implementation of the policies/initiatives;
                (ii)        Explaining education policies/initiatives to
the community, including District Council members, and enlisting their
support in implementation.
                   
        (d)         Overseeing the quality of education in schools, and
providing professional support to schools on administration matters as
well as learning and teaching.
         
        (e)         Handling matters relating to the closure and
reprovisioning of schools.
       
        (f)         Regulating kindergartens and other private schools
                 (i)        Processing applications for fee increase and
operation of new courses/subjects;
                 (ii)        Conducting inspections to ensure schools’
compliance with the Education Ordinance and the Education Regulations.
                   
        (g)        Other services
                 (i)        Answering public enquiries, providing
information and handling complaints;
                 (ii)        Providing placement services to newly arrived
children and other students who require assistance;
                 (iii)        Representing the Bureau at District Council
and related sub-committee meetings;
                 (iv)        Participating in district educational and
related functions.

        As for the organisation of NDSDS, you may refer to the following
hyperlink for more information.  
        [1]https://tel.directory.gov.hk/0105002224_...

Ms NG currently holds the post of School Development Officer in NDSDS and
she is responsible for performing the main duties of a School Development
Section as set out above for NDSDS.  Among these duties, Tung Wah Group of
Hospitals Kap Yan Directors’ College is under Ms NG’s purview.

        Under the Enhanced School Complaint Management Arrangements (the
Enhanced Arrangements), upon receiving complaints about public sector
schools and schools under the Direct Subsidy Scheme lodged by members of
the public, the Education Bureau would take into consideration the nature
and content of the complaints and decide whether to investigate the
complaints and reply direct to the complainants, or with the complainants’
consent, refer the complaints to the schools concerned for follow-up
actions, and the schools will then give the complainants direct replies.
Generally, cases relating to schools’ daily operation and internal affairs
would be handled by the schools concerned, and other cases relating to the
Education Ordinance, education policies and services directly provided by
the Education Bureau etc. would be handled by the Bureau.
For enquiries about the information of NDSDS provided in this reply,
please contact Ms Carmen NG of North District School Development Section
of EDB on 2639 4842.  For enquiries about the Enhanced Arrangements,
please contact Mr Louis LAM of the Special Duty Unit 1 on 2863 4768.

Yours sincerely,
Ms Peggy WONG
for Secretary for Education

From:        Suki SK CHEUK/EDB/HKSARG
To:        Mr Wong <[FOI #410 email]>
Date:        11/10/2019 15:40
Subject:        Re: Code on Access to Information (Case No: 67/2019)

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Dear Mr Wong,
Code on Access to Information
Application No. 67/2019
          Our bureau has received your further enquiry under Access to
Information on 2 October 2019.  

        Your application is now under processing.  According to paragraph
1.16 of the Code on Access to Information, our bureau will inform you of
the latest progress of the case separately on or before 22 October 2019.
 In the meantime, please contact me at 2892 6121 if you have any enquiry.
Yours sincerely,

Miss Suki CHEUK
for Secretary for Education

show quoted sections

We don't know whether the most recent response to this request contains information or not – if you are Mr Wong please sign in and let everyone know.