Terminating Student's University Course Not Disability Discrimination, Hong Kong Court Rules

• Published date: 01 March 2022
• Subject Matter: Employment and HR, Consumer Protection, Discrimination, Disability & Sexual Harassment, Education
• Law Firm: Mayer Brown
• Author: Mr Hong Tran

In C v The Chinese University of Hong Kong [2022] HKDC 77, the Hong Kong District Court (Court) dismissed claims of unlawful disability discrimination based on a university's discontinuance of a disabled student's studies. Although this case relates to a claim in the education field, the judgment provides important lessons for employers.

Facts

The claimant, C, was a part-time postgraduate student studying at the Chinese University of Hong Kong (University). A University rule required a student to complete their programme within its "maximum study period" (MSP), which was four years in C's case, subject to any extension the University might grant in special cases.

After the MSP expired, C applied for a two-month extension on the grounds of her disabilities, namely depression and generalised anxiety disorder.

Refusing the extension, the University, wrote a "Termination Letter" to C saying that, since the four outstanding assignments were long overdue (for periods ranging from three years to three months), it was not convinced she would be able to finish them by the new deadline.

The Termination Letter also said "pressure to complete all these assignments in such a short period of time, considering your recent medical history, would also not be in your best interests as a student.". The University discontinued C's studies.

C claimed against the University under the Disability Discrimination Ordinance (DDO) for:

• Direct disability discrimination by discontinuing C's studies;
• Indirect disability...