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12 Mar 2008

CUHK Senate Committee on Student Discipline Concludesthe Case of Chinese University Student Press

12 Mar 2008
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The Senate Committee on Student Discipline of The Chinese University of Hong Kong (CUHK) has finished processing the case of the publication of「情色版」in the Chinese University Student Press (CUSP) by the 36th and 37th CUSP Committees in accordance with established procedures, and a concluding report on the matter was presented today.

On 10 May 2007, a Panel of Judges comprising four teachers and a student formed under the Senate Committee on Student Discipline conducted a meeting to review the case of the 36th and 37th CUSP Committees in the publication of 「情色版」in CUSP. The Obscene Articles Tribunal then announced on 15 May 2007 that the February and March 2007 issues of CUSP were classified as Class II – Indecent articles. The University’s internal procedures were suspended on 17 May 2007 in view of the legal proceedings.

On 31 August 2007, Mr Tong Sai Ho, Chief Editor of the 36th CUSP Committee, applied to the High Court for judicial review of the ruling of the Obscene Articles Tribunal and the legal proceedings are not yet completed. Since the February and March 2007 issues of CUSP that were classified as Class II – Indecent articles were published by the 36th CUSP Committee, and only matters related to these issues were under judicial review, while the April 2007 issue was published by the 37th CUSP Committee, the Senate Committee unanimously agreed at its meeting on 21 January 2008 that all procedures of the original Panel of Judges formed in May 2007 be halted, and the Panel be dissolved with immediate effect. The Senate Committee decided to deal with the cases of the publication of 「情色版」by the 36th and 37th CUSP Committees separately.

Handling of the 37th CUSP Committee

On 11 March 2008, the Panel of Judges, comprising four CUHK teachers and a CUHK student, conducted a meeting to handle the matter of the 37th CUSP Committee. The Panel of Judges had a thorough discussion and met with Mr Tsang Chiu Wai, the Chief Editor, upon his request. Having considered the content of the 「情色版」of the April 2007 issue of CUSP, the Panel of Judges agreed that the case against Mr Tsang Chiu Wai was not established and that no penalty should be imposed on Mr Tsang.

Handling of the 36th CUSP Committee

Regarding the handling of the 36th CUSP Committee, the Senate Committee on Student Discipline has already noted at its first meeting on 21 January 2008 that the Panel of Judges formed in May 2007 for the CUSP case had agreed that part of the content of the「情色版」in some of these issues had gone beyond the commonly accepted norms of society and had led to concern and unease, and had affected the reputation of the University, and that the February and March 2007 issues of CUSP classified as Class II – Indecent articles were published by the 36th CUSP Committee. Since Mr Tong Sai Ho, the Chief Editor of the 36th CUSP Committee, has withdrawn from study at the University in the 1st term of 2007-08 for reasons unrelated to the present matter, and is no longer a student of the University, the Senate Committee on Student Discipline has received legal advice that it no longer has the authority to pursue any possible disciplinary actions. The case of the 36th CUSP Committee is therefore closed.