Page 46 - Mini-Module 9
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Punishment
Regulation 58 of the Education Regulations reads: “No teacher shall
administer corporal punishment to a pupil.” A contravention of this
regulation could be a criminal offence. Depending on the gravity of the
corporal punishment meted out, the charge could range from common
assault to wounding.
Other forms of punishment must be exercised reasonably. In T v Kan Ki
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Leung (2001) an 18 year old student was suspended from lessons and
told to complete work in an open area. He was ridiculed and suffered
schizophrenia. He successfully claimed damages. The court held that a
teacher is under a duty to avoid harm to a student by the imposition of
immoderate and unreasonable punishment, and under a duty to take
positive steps to protect his well-being. These duties are owed to all
students regardless of age.
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