The 2015 University of Hong Kong pro-vice-chancellor selection controversy surrounded alleged political interference behind the University of Hong Kong governing council's rejection of Johannes Chan's recommended appointment to the post of pro-vice-chancellor in charge of staffing and resources. Chan, dean of the Faculty of Law from 2002 until 2014, was unanimously recommended for the post by a selection committee headed by university president Peter Mathieson.
The governing council's decision, the first time that a candidate selected by the committee was rejected, was widely viewed as political retaliation for Chan's involvement with pro-democratic figures including his former subordinate Benny Tai. A majority of HKU Council members are not students or staff of the university, and many are directly appointed by the chief executive of Hong Kong (who at that time was Leung Chun-ying). The decision received international condemnation, and was viewed as part of a Beijing-backed curtailing of academic freedoms that would damage Hong Kong's academic reputation.
Background
Selection All pro-vice-chancellors of the University of Hong Kong are recommended by a search committee comprising the university president and vice-chancellor and other members selected by the HKU Council.
The selection committee unanimously recommended the council appoint Johannes Chan to the pro-vice-chancellor post responsible for staffing and resources, a position that had been left vacant for five years. Chan, who served as dean of the Faculty of Law from 2002 until 2014, is a distinguished scholar in constitutional law and human rights and "a vocal critic on Hong Kong's political reform issues". Chan is the only honorary senior counsel of the Hong Kong Bar, a title bestowed in 2003 light of his "pivotal role in the education of Hong Kong's future lawyers" and his commitment to upholding human rights.
Concerted attack by pro-CCP media Owing to his liberal political stance, criticism of Chan by media controlled by the Chinese Communist Party (CCP) was stepped up as soon as his candidacy for the post became known. He was derided in Ta Kung Pao and Wen Wei Po, which together published more than 350 articles attacking him and accusing him of "meddling in politics" for his involvement with pro-democratic figures including his former subordinate Benny Tai. CCP-controlled tabloid newspaper Global Times also bashed Chan, calling him a "ringleader" of the 2014 pro-democratic protests. Chan's treatment in Beijing-controlled media has been described as a smear campaign and character assassination.
Council composition The HKU Council normally comprises 24 members, although in mid-2015 two seats were vacant and Margaret Leung served in two roles. Two further members, Yuen Kwok-yung and Aloysius Arokiaraj, resigned in July but continued to serve on the council until their replacements were elected. The council's Guide and Code of Practice includes a confidentiality clause. It was updated in August 2015 to state that "it is absolutely necessary to keep confidential the council agenda, supporting papers and minutes", while the previous version (from 2004) had stated less strictly, "it is normally necessary".
The decision not to appoint Chan is seen as a pro-government act of retaliation against "pro-democracy leaders and participants" and a blow to academic freedom. This is partly because six members of the council are directly appointed by the Chief executive of Hong Kong, who acts as chancellor of all publicly funded tertiary institutions in the territory. Five members are delegates to the National People's Congress in Beijing, and as such are obliged to toe the Communist Party line or otherwise risk expulsion. In overall council makeup, university students and staff are outnumbered by members from outside the university.
The composition of the council at the time of Chan's rejection was as follows:
Name Chinese name Role Notes Edward Leong Chairman Physician, former LegCo member Benjamin P.C. Hung Six persons, not being students or employees of the university, appointed by the Chancellor CEO of Standard Chartered Bank Leonie M.F. Ki New World Development director, Chinese People's Political Consultative Conference (CPPCC) deputy Ayesha M. Lau Partner, KPMG Arthur Li Former education minister and vice-chancellor of CUHK, CPPCC deputy Margaret Leung Deputy chairman and managing director, Chong Hing Bank; CPPCC deputy Martin Liao Legislator, National People's Congress deputy Peter K.K. Wong Six persons, not being students or employees of the university, appointed by the Council Engineer, CPPCC deputy Edward Chen Former vice-chancellor of Lingnan University Abraham Shek Lawmaker; CPPCC deputy Wong Kai-man Director of China Construction Bank and SCMP Group (vacant) (vacant) Man Cheuk Fei Two persons, not being students or employees of the university, elected by the Court Journalist Rosanna Wong Director of Hong Kong Federation of Youth Groups; CPPCC deputy Peter Mathieson President and Vice-Chancellor Nephrologist Margaret Leung Treasurer Cheung Kie-chung Four full-time teachers elected in accordance with regulations Engineer Sun Kwok Astronomer Lo Chung-mau Surgeon Yuen Kwok-yung Microbiologist Felix K.Y. Ng One full-time employee of the university, not being a teacher, elected in accordance with regulations Composer Billy Fung Jing-en One full-time undergraduate student elected in accordance with regulations President of the Hong Kong University Students' Union Aloysius Wilfred Raj Arokiaraj n/a One full-time postgraduate student elected in accordance with regulations Postgraduate Student Association president Footnotes:
Events Customarily the HKU Council accepts the recommendations of search committees for senior posts, with no prior recommendation having been rejected by the council in the university's history.
Chan's appointment delayed
The university initiated a worldwide search for five pro-vice-chancellors in mid-2014. Two of them, Ian Holliday and Douglas So, were appointed in November 2014. Another two, Andy Hor and John Kao, were appointed in March 2015 to commence employment in September 2015. The sole candidate for position of pro-vice-chancellor (academic staffing and resources), recommended by unanimity, was Johannes Chan. The news of the selection committee's recommendation was broken by Wen Wei Po in a feature report "in the best interest of the public" even before the HKU council had been informed of the selection. Chan then became the target of a concerted attack by Wen Wei Po and Ta Kung Po for his academic record."Ex-HKU dean feels Beijing media heat" . The Standard, 4 February 2015 Wen Wei Po, citing from a leaked University Grants Commission report, stated that Chan's academic record on research was not up to international standards while he was dean of the law school. The journal accused Chan of being so busy with politics that he neglected research.HKU law faculty falls short in research field . The Standard, 27 January 2015.
According to an article by Kevin Lau in Ming Pao, parties close to the government applied pressure on committee members behind the scenes to block Chan's appointment. Chief executive Leung Chun-ying was reported to have telephoned members of the committee to persuade them to vote against Chan's appointment, whilst Sophia Kao, member of the Central Policy Unit, admitted that she may have mentioned Chan's candidature to someone "casually" but said she did not recall with whom and in what context. CY Leung's lieutenant Fanny Law, who was found to have interfered with institutional autonomy in 2007 whilst serving as education secretary, categorically denied having intervened. Leung also denied allegations he intervened in the selection.Lau, Kenneth (13 February 2015). "Leung denies torpedoing uni selection" . The Standard. However, i-Cable and South China Morning Post subsequently revealed that CY Leung had convened at least three meetings with Peter Mathieson within four months during the period the decision was being deferred. On one occasion, Leung allegedly met Mathieson with HKU council chairman Leong Chee-hung and education secretary Eddie Ng. Although Ng said he had no recollection of the meeting, the Office of the Chief executive did not deny that such a meeting had taken place.
The council was criticised when it repeatedly deferred the decision to appoint Chan, stating that it should wait until a new provost was in place. The decision was repeatedly delayed through votes on 30 June and 28 July. Just after the council voted down a motion to stop delaying the appointment at the latter meeting, dozens of students rushed into the conference room in protest. During the incident, council member Lo Chung-mau fell down and alleged he was pushed over. He said his knee was injured; he reported this to the police and was taken to hospital. Students' union president Billy Fung expressed disbelief that Lo was injured by a student. Online videos appeared to show Lo fainting or falling on his own.
The students' storming of the conference was denounced by vice-chancellor Peter Mathieson, as well as the ten university deans who issued a statement urging "all parties to put the interest of the university first" and expressing conviction in the guarantee of academic freedom and university autonomy by the Hong Kong Basic Law Article 137. Council member Arthur Li compared the students to the Red Guards of the Cultural Revolution who tortured intellectuals.
On the other hand, 15 ex-presidents of the university released a joint statement supporting the students and expressing regret that Mathieson and the incumbent university deans had condemned the protest. The presidents called the demonstration a "righteous action of the students to safeguard the academic freedom and university's autonomy." They said the composition of the current council, stacked with pro-government members from outside the university, violated the principle of institutional autonomy. Billy Fung said that the storming of the conference room helped bring the issue into the public spotlight.
Following the postponement of 30 June, the postgraduate student representative, Aloysius Arokiaraj, resigned from the council in frustration, stating that the decisions "[fell] short of my expected standards". Though he tendered his resignation on 3 July, Arokiaraj remained on the council so that the position was not left vacant while a replacement is found. At the meeting on 28 July Arokiaraj voted against the deferral but in a letter to the South China Morning Post he criticised students' angry conduct during the storming of the conference room.
Respected microbiologist Yuen Kwok-yung, considered a "neutral party" in the controversy, also resigned following the incident. He criticised both the students and the university governance, stating that he was "incapable of dealing with the politics in the university council". He dismissed Arthur Li's likening of the students to Red Guards, stating that the behaviour of the Hong Kong students was not as serious. Like Arokiaraj, Yuen continued to serve on the council until his replacement was elected.
By the end of July an alumni concern group had collected more than 3,000 signatures demanding the council stop delaying the decision. It was signed by numerous legislators and HKU alumni including Ip Kin-yuen, Sin Chung-kai, Alan Leong, Tanya Chan, Audrey Eu, Paul Zimmerman, Joseph Wong, Anson Chan, Andrew Wong, and others. Mathieson complained that he and others who had backed the appointment of Johannes Chan as pro-vice-chancellor had been subjected to "orchestrated" pressure by some political elements, his personal emails having been hacked and some of it published in pro-Beijing media.
HKU alumni non-binding vote