筆者寫這文章時還不知道港大校委會的決定。這裡要分享的主要依據是校委會的會議撮要。
院校自主與學術自由
教務委員會( Senate )在今年7月7日會議上表示院校自主與學術自由極其重要,並向校委會( Council )提交報告備案。這一做法十分不尋常。因為,維護院校自主與學術自由不是它的職權。它反而是校委會本身的職權。
July 28, 2015:
2. The Council RECEIVED a report from the President &
Vice-Chancellor on the recent activities of the University including
(a) the Senate’s affirmation, at its meeting of July 7, 2015, of the
importance of upholding academic freedom and institutional autonomy which were
of the utmost importance for teaching and learning, research, internal and
external relationships, and other activities of the University;
行事守則 ─ 公開性
Proper Conduct of Public Business
4.3 The Council is entrusted with funds, … and wherever possible
following a policy of openness and transparency in the dissemination of all
decisions.
• Openness. Holders of public office…. should give reasons for their
decisions and restrict information only when the wider public interest clearly
demands.
根據校委會的行事守則,當重大公眾關注時,校委會不單有需要向公眾解釋,還應披露受限制資料。但反觀今次校委會在處理副校(陳文敏被推薦一職)委任時,基本上全部列入被限制資料(restricted matters)。
有違其行事守則
梁智鴻的7月27日信件表示:
『校委會屬下的人力資源政策委員會於 2013 年 9月的會議,在審視大學管理層情況下,認爲需重設於同年 6月會議中提出的「副校長」一職協助首席副校長, 並提交文件建議其具體職務範圍需由首席副校長決定。 校委會 在 2014 年 1月接納建議, 亦留意到該職位將更改銜,以及「更新職務範圍以協助首席副校長處理學術事宜」。[詳見 2014 年 1月 28 日校委會會議記錄 。另,該職位的銜於 2014 年 6月改為副校長 (學術人力資源 )]』
當中提及的3次會議的向外公開會議撮要完全沒有相關資料,意味著它從一開始已經把它列為受限制資料,那怕是更改名字的小事。因此,校委會的處理手法有違其行事守則,特別是公開性原則。
有違一貫手法
校委會每月才開會一次,每次約一兩小時,它的實際運作並非如彭泓基所說的老闆模式。它將大部份決策的具體考慮下放給其屬下的委員會,在今次事件中就是物識委員會(Search Committee)。
其實校委會的主要事務是,「歡迎、通過、聽取、接收、議決、紀錄、注意、多謝。」
“WELCOMED,APPROVED, HEARD, RECEIVED, RESOLVED,RECORDED,NOTED,
THANKED”
以上文提到的2014年1月28日的會議為例,它討論的事項為:
1. The Council WELCOMED….
2. The Council HEARD…….
3. The Council RECEIVED ….. and NOTED…..
4. The Council APPROVED……
5. The Council
(a) APPROVED…
(b) NOTED….
(c) THANKED ……
6. The Council APPROVED……
7. The Council APPROVED….
* Excluding personnel matters relating to individuals.
從其議程分配上看到,校委會不會花太多時間在討論上。關注組指責它有違一向做法,絕對有理。
政治考驗
港大校長馬斐森在2014年4月29日的首次參加校委會會議上報告,他所組的新的管理團隊需要與大陸建立緊密關係。從這點可能埋下伏筆。
(c) the assembling of the new Senior Management Team; and with the
new team, to refresh the University’s strategies and to enhance the
internationalization of the University in a coordinated and focused way through
tighter cooperation with the Mainland and the rest of world with strategically
chosen partners.
後記
無論梁智鴻如何狡辯,校委會的會議紀錄撮要已清潔表明,它違反了常識和自己的行事守則及承諾。
附件
與今次事件相關的會議撮要和梁智鴻的7月27日信件。
http://democracyhk.blogspot.hk/2015/09/discussion-summary-of-council-meetings.html
Discussion Summary of Council Meetings & Letter from Dr C H
Leong on 27/7
June 25,2013:
(of a post which the HRPC once referred to as an “Associate Provost”
at an earlier meeting in June 2013.) - Letter from Dr C H Leong on 27/7
September 24, 2013
The following is a list of matters discussed at the Council meeting
held on September 24, 2013:
The Council APPROVED, on the recommendation of the Vice-Chancellor,
that amendments be made to the terms of reference of the Council Committees and
its sub-committees, and joint Council and Senate Committees to provide for the
engagement of the Executive Vice-President (Administration and Finance)(“the
EVP”) in those Committees which works fell under the EVP’s portfolio.
(The Human Resources Policy Committee (HRPC) which is a standing
committee of the Council at its meeting in September 2013 recommended the
establishment, from the old PVC (Staffing) post, of a post which the HRPC once
referred to as an “Associate Provost” at an earlier meeting in June 2013. In making
its recommendation in September 2013, it was proposed in the HRPC paper that
the DVC would decide on the exact portfolio of the proposed new PVC)- Letter
from Dr C H Leong on 27/7
January 28, 2014:
Excluding personnel matters relating to individuals.
(The recommendation of HRPC was accepted by Council in January 2014,
noting that there would be a change to the name of the post and “a revised
portfolio to assist the Deputy Vice-Chancellor in the areas relating to
academic staff” ) - Letter from Dr C H Leong on 27/7
April 29, 2014:
The Council WELCOMED Professor P.W. MATHIESON, the President &
Vice-Chancellor, to his first meeting of the Council
The Council HEARD a report from Professor P.W. MATHIESON, President
& Vice-Chancellor, on the recent activities of the University including
(a) his activities since assuming the office;
(b) his plan to meet with staff members and students of all
Faculties, and to visit the Peking University and Tsinghua University in his
forthcoming trip to Beijing; and his ongoing engagement with other stakeholders
of the University; and
(c) the assembling of the new Senior Management Team; and with the
new team, to refresh the University’s strategies and to enhance the
internationalization of the University in a coordinated and focused way through
tighter cooperation with the Mainland and the rest of world with strategically
chosen partners.
June 24, 2014
11. The Council NOTED that the Chairman of Council had approved, on
behalf of the Council, that Professor R.A. GLOFCHESKI, Professor in the
Department of Law, be appointed as a
member of the Search Committee for the Vice-President & Pro-Vice-Chancellor
(Teaching & Learning) under the membership category “A senior academic
member appointed by the Council” to replace Professor J.M. CARROLL with
immediate effect.
* Excluding personnel matters relating to individuals.
(The name of the post was changed to VP & PVC (Academic Staffing
and Resources) in June 2014.) - Letter from Dr C H Leong on 27/7
July 29, 2014
6. The Council
(a) NOTED the extension of the following appointments until December
31, 2014:
(i) Professor R.T.H. CHIN, Provost & Deputy Vice-Chancellor, as
the Acting Vice-President & Pro-Vice-Chancellor (Teaching and Learning);
and
(ii) Professor P.Y.S. CHEUNG, as Associate Vice-President
(Research), and Professor L.G. THAM, as Associate Vice-President (Teaching
& Learning); and
(b) APPROVED that the Vice-President & Pro-Vice-Chancellorship
appointments of Professor P.K.H. TAM and Professor S.P. CHOW be extended until
December 31, 2014.
August 26, 2014:
1. The Council HEARD a report from the President &
Vice-Chancellor, on the recent activities of the University including
(c) the progress for the search for suitable appointees to the five
Vice-President & Pro-Vice-Chancellor positions; and
September 30, 2014:
2. The Council HEARD a report from the President &
Vice-Chancellor, on the recent activities of the University including
(d) the progress of the searches for suitable appointees for the
five Vice-President & Pro-Vice-Chancellor positions,
November 25, 2014:
3. The Council RECEIVED a report from the President &
Vice-Chancellor, on the recent activities of the University including
(a) the recent political events in Hong Kong involving HKU students
and staff;
(b) the progress of the searches for suitable appointees for the
five Vice-President & Pro-Vice-Chancellor positions;
(b) HEARD the President & Vice-Chancellor speak to the process
and arrangement for the search and selection of the next Provost & Deputy
Vice-Chancellor, in that it was proposed that a Search Committee chaired by
himself be set up comprising the Chairman of the Human Resource Policy
Committee, a member each from the Council and the Senate, and a student
representative;
4. The Council
(a) RESOLVED that
(i) Professor I.M. HOLLIDAY, currently Professor in the Department
of Politics and Public Administration of the Faculty of Social Sciences of HKU,
be appointed as Vice-President & Pro-Vice-Chancellor (Teaching and
Learning) for a fixed term of five years, tentatively from January 1, 2015; and
(ii) Mr. D.C.T. SO, Executive Director, Charities in the Hong Kong
Jockey Club from 2010 to 2014, be appointed as Vice-President &
Pro-Vice-Chancellor (Institutional Advancement) for a fixed term of five years,
tentatively from March 1, 2015; and
(c) RESOLVED
(i) that a Search Committee be set up with the remit of identifying
a suitable candidate for appointment as the next Provost & Deputy
Vice-Chancellor; and that a search firm be engaged to facilitate the search;
and
(ii) on the recommendation of Chairman, that Professor Edward K.Y.
CHEN be invited to serve as a lay member of the Council on the Search
Committee; and
December 30, 2014:
1. The Council RECEIVED a report from the President &
Vice-Chancellor on the recent activities of the University including
(a) the constitution of the Search Committee for the next Provost
& Deputy Vice-Chancellor and its first meeting;
The Council
(a) APPROVED the extension of the term of appointment of Professor
P.K.H. TAM as Vice-President & Pro-Vice-Chancellor (Research) until August
31, 2015 or the arrival of the new Vice-President & Pro-Vice-Chancellor
(Research), whichever was earlier; and
(b) NOTED the extension of the appointment of Professor P.Y.S.
CHEUNG as Associate Vice-President (Research) so that his term of appointment
was coterminous with that of Professor P.K.H. TAM as Vice-President &
Pro-Vice-Chancellor (Research).
January 27, 2015
February 24, 2015:
The Council
(a) RESOLVED that
(i) Professor Tzi Sum Andy HOR, currently on secondment from the
National University of Singapore as the Executive Director of the Institute of
Materials Research & Engineering of the Agency for Science, Technology
& Research of Singapore, be appointed as Vice-President &
Pro-Vice-Chancellor (Research) for a fixed-term of five years, tentatively from
September 1, 2015; and
(ii) Professor W. John KAO, Vilas Distinguished Achievement Professor
of Pharmacy, Surgery, and Biomedical Engineering at the University of Wisconsin
- Madison, be appointed as Vice-President & Pro-Vice-Chancellor (Global)
for a fixed-term of five years, tentatively from September 1, 2015; and
March 31, 2015:
April 28, 2015
May 26, 2015
1. The Council WELCOMED…
Mr. Billy FUNG Jing-en, the undergraduate representative, to their first
meeting of the Council
June 30, 2015
3. The Council RECEIVED a report from the President &
Vice-Chancellor on the recent activities of the University including
(a) the progress of the search for the new Provost & Deputy
Vice-Chancellor;
(DVC and each PVC are selected by a Search Committee on a global
basis. On completion of the task, the Search Committee makes a recommendation
to Council which is the appointing body. For the post in question, the Search
Committee was only ready to make a recommendation to the Council in June 2015.)
July 28, 2015:
2. The Council RECEIVED a report from the President &
Vice-Chancellor on the recent activities of the University including
(a) the Senate’s affirmation, at its meeting of July 7, 2015, of the
importance of upholding academic freedom and institutional autonomy which were
of the utmost importance for teaching and learning, research, internal and external
relationships, and other activities of the University;
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