13 Mar 2009
SECRETARY FOR JUSTICE v. COMMISSION OF INQUIRY ON ALLEGATIONS RELATING TO THE HONG KONG INSTITUTE OF EDUCATION
- Citation
- SECRETARY FOR JUSTICE v. COMMISSION OF INQUIRY ON ALLEGATIONS RELATING TO THE HONG KONG INSTITUTE OF EDUCATION
- Court
- Court of First Instance
- Case number
- HCAL108/2007
A senior public administrator's private confrontation of an academic critic does not, by itself, breach institutional academic freedom under Art.137; it becomes unlawful only where the confrontation—on its whole facts and objectively assessed—contains a threat of sanction (direct or implied) by someone with actual or ostensible power to impose that sanction; the Commission of Inquiry is amenable to judicial review and must act fairly and rationally.