2020年被控縱火等罪的中四生張凱傑申請保釋被拒在壁屋還押近3個月，他為完成中學課程向獄方申請讀書，但他指出他在壁屋上堂期間，外來導師不授課僅放《逃學威龍》等電影：「對我嚟講係唔好，浪費時間。」他獲准保釋後向原校申請復學惟被拖延，他估計校方因他參與社運而拒絕他重新入學。他批評有關方侵害他當年作為非成年人士受教育的權利。
懲教署回覆查詢時指出，署方不會在學習班課堂上安排與學習無關的活動，指有關情況並非事實。至於張之前就讀的中學則在發稿前尚未回覆查詢。一直關注香港人權狀況的香港人權資訊中心指出，懲教署現時不少做法未能追上還押及在囚年青人的學習需要，令不論未成年或成年還押人士接受教育的權利受到剝奪，如遙距課程的選擇不足、申請購入參考書被留難和受到限制等，他們亦無法使用互聯網或電腦學習。中心認為，當局有責任改善在押及在囚人士接受教育的情況。
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「幫我問：平定《安史之亂》使唐室轉危為安的名將係邊個？A、郭子儀；B、B For Boy，清唔清楚吖，是李光弼；C係李克用，李克用呀，李克勤？！」香港搞笑巨星周星馳電影《逃學威龍》中誰平定《安史之亂》經典片段對港人而言肯定耳熟能詳，甚至一提到就笑餐死。不過，對於張凱傑而言，還押壁屋期間上堂看《逃學威龍》則是他預料之外。
「我睇多咗我自己以前冇睇過嘅電影。」被指破壞學校設施的張凱傑，2020年8月4日凌晨被警方凌晨上門拘捕，翌日被解往西九龍裁判法院，他保釋申請被拒，還押壁屋。當年只是中四生的他向獄方申請讀書。令他大感意料之外的是，兩個月獄中求學所「學到」的是首次看到《逃學威龍》、《算死草》、《復仇者聯盟2》等他還押前從未看過的電影，他指出，他在壁屋上課，導師不教書「只係睇戲」，「對我嚟講係唔好，浪費時間，浪費我讀書嘅時間。」他批評相關方面侵害他作為未成年還押人士受教育的權利。
「懲教人員帶我們入房（課室）後，老師向我們派工作紙，但其實係唔使做。黑板寫上授課內容，數學寫公式，中文寫文章。不過，懲教人員離開後，老師就會播電影。亞SIr經過時，就會熄機拉黑板，扮教書。」他表示，涉事導師上室時拿出相信是私人電腦，搜尋網上免費電影網站後，用課室投影器播出影片。張指出，涉事導師非來自懲教署，而是來自外出不知名的機構。他指出，懲教人員僅負責帶領學生進入課室，上堂前及期中點名，確保人數正確就離開。
他表示，課室位於囚友及懲教人員稱為「工廠」的建築物內，由於「工廠」是在囚人士工作的地方，而多數在囚人士也要工作，因此，張即使人在課室看不到其他人，但仍可聽到出面其他人的聲音。他指，他上課的課室和和普通課室相似，每班人數則約20人。據報，壁屋不會按學生學術水平分班，而是按區域範圍而定，即你若囚在A區，你就獲分配A班；B班亦然。課程亦不設教學大綱。
「我出咗嚟後，我想繼續我嘅中學學業，但係我原先讀嗰間中學唔係，原因係話我犯咗法，認為我係一啲參與社運人士，所以就唔俾我返學，但係咁係唔得，但係單純地我參與社運，而唔俾我學業。跟住我虛渡咗接近兩年時間。」
張之後獲准保釋，向原校青衣樂善堂梁植偉紀念中學申請復學，希望完成中學課程，但願望落空。他表示，校方以安排中為由，一直拖延近半年：「好無助、好失望、好絕望。我係保釋中、未被定罪；而且我係16歲，中學未完成，點解你唔俾我返學？」他擔心報讀其他學校也會遭遇類似情況，他於是決定，一邊做兼職，一邊學紋身。
他估計，他無法在原校復學原因是和他曾經參與反送中運動有關。
傑仔表示，他當年一度被困理大校園內。香港警方之後宣布如有學生在場可以通知學校由校長接走。他當時告知校方他在理大，校長當時亦有到場，但他不但沒有接走包括張在內的同校學生；「我唔會接走你地㗎，自己搵方法啦」張引述當時校長的說話稱。
去年5月11日，被控縱火、刑事毀壞及管有攻擊性武器3罪的他，被裁定所有罪名表證不成立，當庭釋放。由於他涉及其他社運事件擔心有再被捕風險再加上在港復學連環失挫，他之後離港前往英國尋求政治庇護，目前住在友人家中，準備升讀當地英語課程。
「未有證據指證我下，拒絕我保釋申請，侵害人權；獄中開始所謂上課已經唔係上課，保釋後申請復學也以安排中為由拒絕，嚴重地侵害我受教育權利。」 張凱傑將他在壁屋獄中經歷透過英國港人團體「蘇格蘭香港人」以報告形式今年年初送交聯合國經濟、社會及文化權利委員會，希望聯合國或國際社會更加關注香港的社會事件、香港的政治情況以及包括和他情況類似的在港還押及保釋人士的教育權利。
懲教署：不會在班上安排與學習無關活動
《追新聞》先後聯絡香港懲教署以及梁植偉中學。懲教署回覆表示，署方並不會在學習班課堂上安排與學習無關的活動，指有關情況並非事實。懲教署指出，他們會為還押青少年在囚人士提供半天中學程度的學習班，他們可按需要向院所提出要求參與學習班。至於梁植偉中學到發稿前暫未回覆。
一直關注香港人權狀況的香港人權資訊中心向《追新聞》表示，除非有特殊情況，校方有責任讓18歲以下人士在保釋期間繼續上學，享有接受教育的權利，並充份考慮無罪推定原則。中心指出，政府應盡最大努力敦促原校繼續讓他就讀。否則，很有可能違反甚至侵犯兒童就學的基本權利，不符港府落實《兒童權利公約》的義務。
至於香港未成年還押人士的教育權利，中心指出，懲教署現時不少做法和措施未能追上他們學習需要，令不論未成年或成年還押人士接受教育的權利受到剝奪，例如遙距課程的選擇不足、申請購入參考書被留難和受到限制等，他們亦無法使用互聯網或電腦學習。因此，當局有責任改善在押及在囚人士接受教育的情況，提供合符標準的教育，並取消一些不合理或不合時宜的限制。
Young Prisoner’s Right: 16-year-old Says Watching Fight Back to School on Class When Detained in Bik Uk. “Sibling” Condemns Deprivation of Right to Education.
In 2020, Form 4 student Chang Hoi Kit, who was charged with arson among other crimes, applied for bail but was refused bail and was remanded in Bik Uk for nearly three months. In order to complete his curriculum in the secondary school, he made an application to the prison for study. But he pointed out that while he was attending class in Pik Uk, the instructor employed from outside the prison did not teach but only played films such as Fight Back to School instead. “It’s bad to me, it’s a waste of time.” After he was released on bail, he applied to his original school for reinstatement but was hung off. He estimated that the school refused to allow him to re-enrol because of his involvement in social movements. He criticized the actions of relevant parties and his right to receive an education as a minor.
The Correctional Services Department, in response to the inquiry, pointed out that the department would not arrange activities unrelated to learning on the class, and the mentioned situation was not true. Chang’s previous secondary school has not yet replied to the inquiry before this article was published. The Hong Kong Center for Human Rights, which has been paying close attention to the state of human rights in Hong Kong, pointed out that the current practice of the Correctional Services Department has failed to catch up with the learning needs of young people detained or imprisoned. The right to education for both minor and adult inmates is deprived. For example, the options for distance learning are limited, applications for reference book procurement are made obstacles and limitations, and the inmates cannot study with internet or computer. The Center believes that the authority has the responsibility to improve access to education for both detainees and prisoners.
“Help this me ask: Who was the famous general who put down the “An Lushan Rebellion” and turned the Tang Dynasty out of danger? A. Guo Ziyi; B. B For Boy, do you know the answer? It’s Li Guangbi; C is Li Keyong, Li Keyong, Li Hackin?!” Hong Kong people must be familiar with the classic clip of who quelled the “An Lushan Rebellion” in the film Fight Back to School by Hong Kong comedy superstar Stephen Chow, and even laughed to death when it was mentioned. However, for Chang Hoi Kit, watching Fight Back to School in the classroom while being remanded in Pik Uk was unexpected.
“I watched a lot of movies that I had never watched before.” Chang Hoi Kit, who was accused of damaging school facilities, was arrested by the police in the early morning of 4 August 2020. He was taken to the West Kowloon Magistrates’ Courts the next day. His bail application was rejected, and he was remanded to Pik Uk. He was only a fourth-year student at the time and applied to the prison to study. To his great surprise, what he “learned” during his two-month detention in prison was to watch for the first time Fight Back to School, Lawyer Lawyer, Avengers 2 and other movies he had not watched before remand. He pointed out that he was taking classes in Pik Uk, where the instructor did not teach but “just watched the movie”. “It was not good for me. It was a waste of time, a waste of my study time.” He criticized relevant parties for infringing on him, the right to education as a minor in remand.
“After the correctional officer took us into the room (classroom), the teacher gave us worksheets, but we were not going to do them. On the blackboard written the content of the lesson, formulas in mathematics, and articles in Chinese. However, after the correctional officer left, the teacher played in films. When the officer passed by, he would turn off the projector, pull up the blackboard, pretending to be teaching.” He said that when the teacher involved went to the room, he took out what he believed to be a personal computer, searched for free movie websites on the Internet, and then used the classroom projector to screen it. Chang pointed out that the instructor involved was not from the Correctional Services Department, but from an unknown institution from outside. He pointed out that correctional officers are only responsible for leading students into the classroom, taking roll call before and during class, and leave after ensuring that the number of students is correct.
He said that the classroom is in a building called “factory” by inmates and correctional officers. Since “factory” is a place where inmates work, and most inmates also have to work, Chang could hear the voices of people from outside even when he could not see anyone else when in the classroom. He pointed out that the classroom where he had classes is similar to an ordinary classroom, with about 20 people in each class. Reportedly, Pik Uk does not divide students into classes according to their academic level, but according to the area. That is, if you are in District A, you will be assigned to Class A; the same is true for Class B. There is no syllabus for the curriculum.
“After I came out, I wanted to continue my secondary school studies, but the secondary school I originally attended did not allowed it. The reason was that I had broken the law and was considered to be an activist, so I was not allowed to return. But it’s not right, I was not allowed to study just because I participated in social movements. I spent nearly two years in vain.”
Chang was later released on bail and applied to resume school at his original school, Lok Sin Tong Leung Chik Wai Memorial Secondary School in Tsing Yi, hoping to complete the secondary school course. But his wish was in vain. He said that the school had been delaying it for nearly half a year on the grounds that it was being arranged: “I feel so helpless, so disappointed, so desperate. I was on bail and had not been convicted; and I was 16 years old and have not completed secondary school. Why didn’t they allow me to go back to school?” He was worried that he would encounter a similar situation when he applied to other schools, so he decided to learn tattooing while working part-time.
He estimated that the reason why he could not return to his original school was related to his participation in the anti-extradition movement.
Kit said that he was once trapped in the Polytechnic University campus. The Hong Kong police later announced that if there were students present, they could notify the school and have the principals pick them up. He informed the school at that time that he was at Polytechnic University, and the principal was also present. However, he not only did not pick up the students from the same school, including Chang; “I will not pick you up, you have to find your own way.” Chang quoted the words of the principal at the time.
On May 11 last year, he was charged with three charges of arson, property damage and possession of offensive weapons. He was found not guilty of all charges and was released in court. Because he was involved in other social movement incidents, he was worried about the risk of being arrested again, and he had a series of setbacks in resuming school in Hong Kong, therefore he later left Hong Kong to seek political asylum in the United Kingdom. He is currently living in a friend’s home and preparing to enrol in local English courses.
“As there was no evidence to prove me guilty, my application for bail was rejected, it’s violation of human rights. When I was in prison, the so-called classes were not classes. After I was released on bail, my application to resume school was rejected on the grounds that it was under arrangement, which is serious violation to my right to education.” Chang Hoi Kit said his experience in Pik Uk Correctional Institution was submitted in the form of a report to the United Nations Committee on Economic, Social and Cultural Rights at the beginning of this year through the Hong Kong group in the UK “Scottish Hongkongers”. It is hoped that the United Nations or the international community will pay more attention to Hong Kong’s social events, Hong Kong’s political situation and the right to education of people on remand and bail in Hong Kong who are in a similar situation to him.
Correctional Services Department: No Arrangement of Activities Unrelated to Learning in Class
The Chaser News had contacted the Hong Kong Correctional Services Department and Leung Chik Wai Secondary School. The Correctional Services Department responded that it would not arrange activities unrelated to learning in the study class, saying that this was not the case. The Correctional Services Department pointed out that they provided half-day secondary school-level study classes for young inmates, and they could make request to the institution for participating in the classes according to their needs. Leung Chik Wai Secondary School has not yet replied to the inquiry before this article was published.
The Hong Kong Center for Human Rights, which has been paying attention to the state of human rights in Hong Kong, told the Chaser News that unless there are special circumstances, schools have the responsibility to allow people under the age of 18 to continue attending school and receive education while on bail, and to fully consider the principle of presumption of innocence. The Center pointed out that the government should urge the original school to continue his study in due diligence. Otherwise, it is very likely a violation or even infringement of children’s basic rights to attend school, and failure to fulfil the government’s obligation to implement the Convention on the Rights of the Child.
As for the right to education of minors on remand in Hong Kong, the Center pointed out that many of the current practices and measures of the Correctional Services Department have failed to catch up with their learning needs, depriving both minors and adults of remand of their right to receive education. For example, the options for distance learning are insufficient, difficulties and restrictions in applying to purchase reference books, and the inmates are also unable to use the Internet or computers to study. Therefore, the authorities have the responsibility to improve the educational situation of detainees and prisoners, provide education that meets standards, and remove some unreasonable or inappropriate restrictions.
