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■資料顯示，校本管理能使學校管理更嚴謹及正規化，改善學生的學習成果。圖為一天主教區小學上課情況。 資料圖片
天主教香港教區司法覆核《校本條例》上訴案，終審法院月中裁定教區上訴失敗。終院認為《校本條例》並無違反《基本法》，學校的宗教自由亦沒有受到影響。終院的判決終結了擾攘多年的爭議，澄清了推行《校本條例》，加強學校管理的民主化和問責制，與辦學團體的辦學理念並不衝突，有利於保障學生的利益。辦學團體和社會各界是時候停止爭拗，以學生為本，集中精力繼續辦好教育。
《校本條例》規定增設校董會，引入家長參與校政，加強校本管理、校政民主化、問責制度及透明度。無論在香港還是外國，都有充分證據顯示，校本管理有助學校在內部自行建立進行持續改善的能力，使學校管理更嚴謹及正規化，改善學生的學習成果。《校本條例》的目的是以學生的利益為重、向學生負責，天主教區辦學的傳統和精神，不應與《校本條例》對立。
天主教區是本港最大辦學團體，提供了全港約3成學位，當中大部分受政府資助，應該遵守法庭的判決，盡快執行《校本條例》建立校董會，發揚辦學育人的優良傳統，維護本港尊重法治的核心價值，同時體現向納稅人負責的態度。
Resolve the dispute over school management and increase democracy in school administration
In mid-October, the Court of Final Appeal ruled against the Catholic Diocese of Hong Kong in an appeal against the judicial review on the Education (Amendment) Ordinance regarding school-based management policy. According to court judgment, the amended ordinance does not contravene the Basic Law and that the freedom of religion enjoyed by schools is not affected. The ruling puts an end to a controversy that had been dragging on for many years. Also, it clarifies that the implementation of the school-based policy, which aims at enhancing democratization and accountability of school management, is not in conflict with the mission of sponsoring bodies in education but rather protects the interests of the students. Sponsoring bodies and the community at large should now stop the argument, and focus on providing quality education that is student-based.
The amendment to the Education Ordinance requires schools to set up a management committee comprising parents as members to participate in school management. This in fact aims at enhancing school-based management and improving democratization, accountability and transparency of school administration. There is sufficient evidence, both local and overseas, saying that school-based management helps schools develop their internal ability to improve continuously, which in turn makes school management more rigorous and formal, and strengthens the academic achievements of the students. The policy puts the interests of the students in the first place and makes schools accountable to students. There is no reason that the educational tradition and vision of the Catholic Diocese should be in conflict with the policy.
The Catholic Diocese is the biggest sponsoring body in Hong Kong operating about 30% of school places in the territory and most of these schools are subsidized by the government. Therefore, the diocese should abide by the ruling of the court and promptly implement the policy under the Education (Amendment) Ordinance by setting up school management committees as soon as possible. By doing so, they can promote their good tradition of schooling and educating people, uphold the rule of law as being a core value of Hong Kong and at the same time demonstrate their sense of responsibility to the taxpayers. ■Translation by 東明 tungming23@gmail.com
逢周五見報
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