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Deputy President, first of all, I
have to declare that I was elected by fellow Members of the Legislative Council
to represent the Legislative Council as a member of the Council of The Chinese
University of Hong Kong (“CUHK”).
Deputy President, the Liberal Party
supports the passage of the Post Secondary Colleges (Amendment) Bill 2025,
which provides for a unified regulatory framework for all institutions
operating local self-financing programmes at the degree and sub-degree levels,
with a view to enhancing governance, accountability and transparency. Yet, we
are concerned about the transitional matters faced by the self-financing arms
of five publicly-funded universities established under their respective
enabling ordinances.
At present, post-secondary education
(i.e. education after the secondary level) in Hong Kong comprises two parts:
publicly-funded and self-financing. On the publicly-funded side, as we all
know, the University Grants Committee provides funding for eight universities
to operate degree programmes in Hong Kong. Among others, the University of Hong
Kong (“HKU”) and CUHK, etc. are internationally renowned; their common feature
is that they have their respective enabling ordinances and are regulated under
them.
In contrast, there is a rather confusing
situation in the self-financing sector: Firstly, there are currently 11
institutions registered under the existing Post Secondary Colleges Ordinance
(including 3 private universities and 8 colleges) offering local self-financing
degree and sub-degree programmes in Hong Kong. Besides, there are another seven
institutions registered under the Education Ordinance which offer sub-degree
programmes. At the same time, there are also five self-financing arms of
publicly-funded universities established under their respective enabling
ordinances which offer self-financing degree and sub-degree programmes.
Deputy President, the reason for such
a situation of self-financing post-secondary education in Hong Kong is due to
historical factors. Before the passage of the Post Secondary Colleges
Ordinance, post-secondary education in Hong Kong was only provided by HKU,
which was established by the University Ordinance 1911. After the Second World
War, Hong Kong’s population grew rapidly, giving rise to a keen demand for
education. After the founding of the New China, a large number of scholars and
teaching staff who had originally operated universities in the Mainland moved
south to Hong Kong. Owing to restrictions of the laws at that time, they were
unable to resume the operation of their schools under the name of “university”,
and could only continue to operate by registering as private secondary schools
in the name of “college” or other names in accordance with the Education
Ordinance. In view of the aforesaid situation, the British Hong Kong Government
passed the Post Secondary Colleges Ordinance in 1960 to formally establish the
approved post secondary colleges which are distinguished from universities and
secondary schools. Subsequently, three colleges, namely New Asia College,
United College and Chung Chi College, were merged to form CUHK by means of The
Chinese University of Hong Kong Ordinance.
The Baptist College, Lingnan College
and Chu Hai College, etc. were then upgraded to colleges through the Post
Secondary Colleges Ordinance and continued to operate independently. In
addition, there were still a wide range of institutions continuing to provide
self-financing post-secondary education programmes under the Education
Ordinance, with vocational training and education being the most common among
others. Since then, the tripartite situation of the enabling ordinances of
universities, the Post Secondary Colleges Ordinance and the Education Ordinance
has been established for post-secondary education.
On the other hand, the example of
publicly-funded universities establishing self-financing arms under their
respective enabling ordinances was first seen in the Department of Extra-Mural
Studies of HKU, which was established in 1957. The Department of Extra-Mural
Studies of HKU was renamed as HKU School of Professional and Continuing
Education in 1992. In response to the policy on sub-degree education
implemented by the SAR Government, HKU established the HKU SPACE Community
College in 2000 to provide sub-degree programmes. To date, a total of five
publicly-funded universities have established self-financing arms under their
respective enabling ordinances. Among them, three universities (there are only
three universities at present) still have their degree-awarding and
self-financing arms, namely HKU, The Hong Kong Polytechnic University (“PolyU”)
and Hong Kong Baptist University (“HKBU”), which offer self-financing
sub-degree programmes and other self-financing degree programmes in the light
of the SAR Government’s policies.
The above brief review serves to
illustrate that the source can be traced for the complexity of the current
situation of self-financing post-secondary education. This also fully reflects
the long-standing fine tradition of being flexible and adaptive, committed to
education and supportive of government policies in Hong Kong. The
Administration’s current objective of unifying the regulatory framework for
self-financing post-secondary education through the Bill is understandable, and
it is a manifestation of its active pursuit of changes. The Liberal Party gives
full recognition to this.
Yet, after talking about the history
above, the Secretary also understands the Liberal Party’s concern about forcing
the eight existing publicly-funded universities―as I have said just now, only
three of them are offering self-financing programmes, namely HKU, PolyU and
HKBU. With regard to the wishes back then, the Hong Kong Government―or at least
the Education Bureau hoped to enact this ordinance, because according to the
review conducted in 2018, these publicly-funded universities should also place
their fee-charging programmes under another self-financing university to
separate it from the university. In other words, the self-financing
institutions are regulated under Cap. 320, while the publicly-funded
institutions are regulated under Cap. 592, and they should be spun off.
From my previous discussions with the
Secretary, I am grateful to the Secretary for confirming at present that when
this ordinance is enacted, they will not force the eight universities to
separate or spin off them, but they will promote or encourage them to do so by
administrative means.
In this regard, I would also like to
mention here that the Liberal Party has very strong views over this. Although
the eight tertiary institutions are funded by the Government, those enrolled in
the self-financing programmes of the eight tertiary institutions are also Hong
Kong people, and their parents also have to pay taxes. I have no idea why
should they be given so many difficulties? Who would want their diploma to bear
only the name of SPEED University or SPACE University instead of Hong Kong
SPACE University or PolyU SPEED University? Which student would not like to see
the diploma in this way? Why do we have to force them to spin off?
Secondly, over the past 10 years or
so, we have also reflected that we do not support the Government for providing
subsidies only to students enrolled in such programmes offered by institutions
other than the eight tertiary institutions. Throughout the past 20 years, the
authorities have thought that they should help some private universities to
grow and “secure a firm footing”, so the policies are all about helping them.
But then, they have overlooked the fact that this is an exploitation of local
students enrolled in self-financing programmes. I find it unfair that the
authorities have not provided any financial assistance to them. I hope that
today and in the future, the Government will subsidize them in this aspect, and
the Liberal Party would also continue to fight for this. This includes not
allowing these students to use facilities of the universities, which I also
consider as an exploitation of the students. On the one hand, the authorities
always hope to help the private universities, but the problem is, this is an
exploitation of the students in that they cannot use the existing resources of
the eight tertiary institutions. According to my understanding, when
self-financing students of the eight tertiary institutions use the resources of
the universities nowadays, the universities would calculate the amount of the
fees and charge them, so why must the authorities refuse to allow their
students to use the resources? I very much hope that the Secretary can really
think about how to follow up on these matters in the next step.
Our concern is that such changes at
present may involve appropriate changes to be made by the operators, as well as
changes in the governance structure and personnel changes arising from the
latest registration mechanism. I think this incident has already posed a great
challenge to the universities which are already very busy. Therefore, we hope
that the Government will fully understand the difficulties faced by the
universities, seriously review the directions of the relevant policies, and
leave room for manoeuvre in implementing the policies. I urge the
Administration to give a response in its speech later on.
Deputy President, I so submit.
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