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CUHK’s Response to the Decision of the Court of First Instance on the Classification of the Chinese University Student Press
Response of The Chinese University of Hong Kong (CUHK) to enquiries pursuant to the decision of the Court of First Instance on the application for judicial review by the former chief editor of theChinese University Student Press (CUSP) of the classification of「情色版」by the Obscene Articles Tribunal:
CUHK respects and defends freedom of speech. All students and teachers of CUHK have the freedom to explore different issues and express their opinions as individuals. CUSP has always enjoyed freedom of expression and publication, and is given room to explore a wide variety of issues. That said, CUSP editors should also be sensitive to the moral standards expected by society. They should exercise self-respect and self-discipline and accept responsibilty for their own action. CUHK believes that publications in the name of the University or one of its student organizations must be accountable to the students and teachers of the University, and to the general public. As a responsible institution of higher education, CUHK has procedures in place for handling such matters, which involve teachers and students in making independent judgement.
On 12 March 2008, the University issued a statement on its decision on the publication of「情色版」in CUSP by the 36th and 37th CUSP Committees. No student has been disciplined by the University over the matter. Regarding the 37th CUSP Committee, the Senate Committee on Student Discipline, having thoroughly reviewed the contents of「情色版」in the April 2007 issue of CUSP, agreed that the complaint against Mr Tsang Chiu Wai, then chief editor, was not established and accordingly no disciplinary action was ever imposed. The letter dated 10 May 2007 from the Acting Registrar to the 37th CUSP Committee urged them not to publish or distribute materials that might cause offence or breach the moral norms of society. It was not a letter informing students of any disciplinary action. Accordingly, no record of the letter has been kept in any of the students’ personal files. As a matter of fact, the Acting Registrar has subsequently written to each student of the 37th CUSP Committee, on 18 May 2007, to confirm this point.
In regard to the 36th CUSP Committee, the Senate Committee on Student Discipline noted at its meeting on 21 January 2008 that the Panel of Judges formed on 10 May 2007 for the CUSP case had agreed that certain parts of「情色版」in some issues of CUSP published by this Committee breached the moral norms of society, possibly causing offence and bringing the University into disrepute. But since Mr Tong Sai Ho, chief editor of the 36th CUSP Committee, had withdrawn from the University for reasons unrelated to the present matter and was no longer a student of CUHK, the case of the 36th CUSP Committee was closed.