Valentine Yim, lawyer of 10-year-old Law Chi-yuen a mentally retarded boy who is taking the education chief to court, accusing the government of bias for excluding his school from the native English-speaking teacher (NET) scheme.
According to the SCMP on 5 January 2012, Yim argued that the "secretary for education breached the Disability Discrimination Ordinance because the NET scheme distinguished between students with intellectual and physical disabilities. Even if the policy was found not to be discriminatory, the education chief was still wrong in not exercising his discretion to consider the school's application."
Yim said: "The bureau has the power and discretion to depart from the NET policy, but it did not give thought to that and blindly followed the policy. Of course, if it exercised discretion and still came to the same decision with good reasons provided, that's fine. But it didn't even bother to exercise the discretion."
According to the SCMP on 5 January 2012, Yim argued that the "secretary for education breached the Disability Discrimination Ordinance because the NET scheme distinguished between students with intellectual and physical disabilities. Even if the policy was found not to be discriminatory, the education chief was still wrong in not exercising his discretion to consider the school's application."
Yim said: "The bureau has the power and discretion to depart from the NET policy, but it did not give thought to that and blindly followed the policy. Of course, if it exercised discretion and still came to the same decision with good reasons provided, that's fine. But it didn't even bother to exercise the discretion."
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