Friday, November 24, 2006

Hong Kong Court Upholds Regulation Of Religious Schools Getting State Aid

The High Court of Hong Kong yesterday decided Catholic Diocese of Hong Kong v. Secretary for Justice, (HCAL 157/2005, Nov. 23, 2006), upholding a 2004 law on the governance of religious schools receiving state aid in Hong Kong. Hong Kong's Basic Law protects the right of religious organizations to continue to run seminaries and other schools "according to their previous practice". The Catholic Diocese challenged the requirement that school management committees be set up, and that sponsoring religious bodies are only permitted to appoint 60% of the committee members. The court held that educational institutions’ autonomy must be subject to the policies formulated by the Government of the Hong Kong under article 136(1) of the Basic Law that gives the government the power to "formulate policies on the development and improvement of education". China's The Standard today reports at length on the decision and says the diocese has not said whether it plans an appeal.