Johannes Chan backers in HKU fight to use ‘abused’ judicial review system, testing law again

As top legal figures debate whether Hong Kong’s judicial review system is being abused, the same process will be used this week to challenge in court the controversial rejection of a liberal scholar to a senior managerial post by the University of Hong Kong’s governing council.

Billy Fung Jing-en, president of HKU’s student union, told the Sunday Morning Post he would submit his application for a judicial review before December 29, which is three months after the council’s decision was made and the time limit for such legal challenges to be mounted.

Fung said he would ask the court to invalidate the council’s decision on September 29 not to appoint former law dean Professor Johannes Chan Man-mun to be HKU’s pro-vice-chancellor in charge of academic staffing and resources. The council’s 12-8 secret ballot was seen by critics as a politically motivated move to punish Chan for his support for colleague and Occupy Central founder Benny Tai Yiu-ting.

Although the university had decided to restart the recruitment process and Chan had indicated he would leave the matter at that, Fung said he would still go ahead.

“The council has to respect due process. Members have considered irrelevant factors in voting down Professor Chan,” the student said.

Such considerations include the claim that Chan’s appointment would “divide” HKU, and Chan’s failure to “show sympathy” to a council member who collapsed in another council meeting amid a student protest, as revealed by leaked recordings of council members’ remarks made in the September meeting.

The key legal arguments are also expected to be the lack of an explanation by the council over the “unprecedented” decision to oppose a search committee’s recommendation of Chan for the job, as well as the disregard for Chan’s right to respond to council members’ criticisms against him, according to a source familiar with the matter.