公開信：強烈要求東華學院為所有接種及不接種疫苗學生提供平等待遇
Open letter: Demanding Tung Wah College to provide fair treatment for both vaccinated and unvaccinated students
致東華學院梁鏡威副校長：
平等教育 捍衛學生權利
東華學院於二零二二年八月三日就有關《疫苗氣泡》措施的安排向全校學生及教職員發出電郵，該安排下令東華學院全體學生需於二零二二年六月三十日前至少接種三劑2019冠狀病毒疫苗、或提供醫生簽發的豁免證明書，否則將被視為出席率不達標。此信目的為希望校方能解答學生對措施的疑問，並為不接種疫苗學生提供公平的教學。
上述措施嚴重侵害不接種疫苗學生的權利和自由，以學生的教育和學習機會作籌碼，施壓並企圖左右學生醫療決定，對不接種疫苗學生造成威逼及歧視。本人就一眾不接種疫苗學生面對的處境，向校方提出以下疑問：
一、《疫苗通行證》適用場所
根據校方電郵所指，該措施為配合政府所推出的《疫苗通行證》計劃所作出的安排。根據法例，疫苗通行證於《預防及控制疾病（疫苗通行證）》（第599F章）中的表列處所執行。然而，學校並不屬於表列處所之中。只有用作考試場地的麥花臣場館被列作表列場所。另一方面，絕大部份的課堂都於京士柏校舍、旺角校舍及葵興校舍進行。若校方是參考政府指引安排該措施，卻強行把措施覆蓋整個學院範圍此舉實在成疑。我們強烈要求校方對學院內執行的《疫苗氣泡》安排有所調節。
二、《疫苗氣泡》措施減低傳播有效性成疑
校方聲稱實施《疫苗氣泡》措施是以全校師生的健康為前提，然而沒有實質科學證據顯示接種疫苗能有效降低SARS-CoV-2病毒的傳播。觀望近日本地染疫數據，亦沒有證據支持接種疫苗為有效預防下一波感染爆發。再者，政府、專家亦指出疫苗主要功效為減緩接種人士於確診新冠病毒時的不適症狀。
與此同時，我等不接種疫苗的學生，願意繼續配合過去已有的新冠病毒檢測措施，並遵守其他防疫措施。希望校方明白，我等不接種疫苗的學生，並無意圖危害他人健康，我們不反對校方保障教職員與學生，我們反對的是校方干預學生的醫療決定、以高壓手段強迫學生接種疫苗並剝奪學生學習機會的施政。從二零二二年一月份至今，我等不接種疫苗的學生，都是手持陰性檢測報告進入校園的。香港法例行使無罪推定原則，學校不應把我們視為「危險人物」，假定我們有病，假定我們危害校園健康環境。
三、《疫苗氣泡》措施不合理不平等 校方應提供其他學習方案以及計算出席率
根據校方《疫苗氣泡》措施的接種要求，只豁免因身體不適合接種而獲醫生簽發豁免證明書的學生。對於因不願意承受副作用或併發症風險、宗教信仰、家庭、經濟、身體自主而選擇不接種疫苗的學生，則沒有豁免。選擇接受或拒絕任何藥物、檢驗或療法本應是人受法律保障的基本權利，學生對接種疫苗與否的取態應受到校方尊重。校方聲稱該措施是「以整體著想」，然而校方卻沒有尊重小眾學生的決定、甚至剝削我等不接種疫苗學生的學習權利。如若校方堅持拒絕讓不接種疫苗學生進入學院範圍，校方理應提供其他學習方案及記錄出席率的方法，好讓我等不接種疫苗學生能接受同等教育。
四、單方面更改入學條件
本人和其他不接種疫苗學生入學時，校方並沒有告知學生將就學生的個人醫療選擇而剝奪學習權利、出席率不達標或調節教學模式、亦沒有寫明接種疫苗是入讀東華學院的條件之一。因此，校方於學生入學後單方面要求學生接種疫苗，實屬不公平、不公正。
五、校方與學生簽訂聲明及同意書 保障學生權益
根據政府所發出的2019冠狀病毒疫苗接種同意書，接種疫苗者需承擔接種後或出現同意書所列出的副作用及併發症的風險。同意書亦指出2019冠狀病毒疫苗並未根據《藥劑業及毒藥規例》（第 138 章）在香港註冊。因此，若然校方不願意為不接種疫苗學生提供公平教學，迫使學生接種未經註冊的疫苗、蒙受政府認證的副作用及併發症的風險，是否代表東華學院願意為學生因接種疫苗而產生的任何身體不適或受副作用影響、或因為疫苗而影響自身免疫力，承擔所有法律責任及醫療賠償？
故此，若然東華學院並非為這些情況負上法律責任或賠償，我等不接種疫苗學生，要求校方與學生雙方簽署聲明及同意書：明確紀錄我等不接種疫苗學生如因東華學院所安排的《疫苗氣泡》措施而無法正常上課、或出現缺課、無法提交呈分作業或缺席考試等情況，東華學院將不會對不接種疫苗學生作出任何成績下降、出席率不達標、考試不合格、留級、停學、退學、撤銷獎學金等任何學業成績或紀律處分。
東華學院教學使命包括「提供完善的平台，讓學生實現對學習的追求，發展潛能」，會作出如此不平等安排，剝奪學生學習機會，歧視學生醫療選擇實在太令人失望。明白校方本意為保障師生健康，但措施執行方法不合理、不公義，促請校方能重新考慮《疫苗氣泡》措施的安排，以不剝奪人權及自由為基礎，重新制定防疫方針，建立真正健康和諧的校園環境。
祝東華學院
立德樹仁，廣栽桃李！
一群東華學院學生
二零二二年八月
Dear Vice President Felix Leung,
Vaccinated or Not, Fair Education for All
I am a Concerned student of Tung Wah College(TWC) and am writing to inquire about the implementation of “COVID-19 Vaccination Arrangement” in TWC and request appropriate learning resources and methods to consider attendance for unvaccinated students. Whether vaccinated or not, all students were admitted to the college with the same standard and should be treated justly regardless of their medical decisions.
The email sent by the registry of Tung Wah College on 3rd August 2022 titled "COVID-19 Vaccination Arrangement in the New Academic Year” announced the new year arrangement, all students must have received at least 3 doses of the COVID-19 vaccine except for those who are unfit for vaccination due to medical reasons with relevant proof from a medical practitioner. Attendance will not be considered for any student who fails to comply with the above requirements. Eventually, these students will fail all the courses.
The above arrangement announced by the college has severely violated the rights and freedom of unvaccinated students. Threatening to take away the precious learning opportunities of students who cannot or decided not to be vaccinated, the arrangement is an act of discrimination and intervention of medical decisions.
Writing from the ground of all unvaccinated students, I would like to raise to the college the following concerns:
1. Scheduled Premises of Vaccine Pass
According to the registry's email, the stated arrangement is in compliance with the government's “Vaccine Pass Scheme” which is to follow the announcement of the Prevention and Control of Disease (Vaccine Pass) Regulation (Cap. 599L). However, such regulation applies to scheduled premises listed in the Prevention and Control of Disease (Business and Premises) Regulation (Cap. 599F), in which school campuses are not included. Only Macpherson Stadium fall under the category of sports premises. On the other hand, most classes are conducted in KPC, MKA, MKB, and KHC. In this regard, treating the school as one of the listed premises is questionable. We urge the school to review its policy and not misinterpret the aforementioned regulation.
2. The Effectiveness of "Vaccine Bubble" in Lowering Transmission of COVID-19 Virus
The college has claimed that the announced arrangements are implemented with regard to the health of all staff and students. However, there has yet to be scientific proof of such claims. In recent local cases, there is also no supporting evidence that vaccination can prevent the next wave of transmission from emerging. In fact, the government and experts have pointed out that the main effect of receiving the vaccination is to reduce the severity of symptoms when infected. It is doubtful that receiving the vaccination is an effective measure in lowering the transmission of the SARS-CoV-2 Virus.
Meanwhile, unvaccinated students are willing to comply with the COVID-19 testing arrangement that has been ongoing since January 2022 and follow other necessary preventive measures. We hope the college understands that unvaccinated students have no intention of putting others at risk of infection. What we strongly disagree about is the fact that the college chooses to intervene in our medical decisions by implementing pressuring policy and threatening to take away our education. For the past few months, we are the ones who have been entering the campus with a negative COVID-19 test result in hand. Hong Kong’s law and regulations follow the principle of the presumption of innocence; thus, in no way should the college treat us as “dangerous persons” and assume that we are ill or that we may endanger the campus environment.
3. Unfair Arrangements With No Alternative Learning and Attendance-taking Methods.
According to the college's new policy, unvaccinated students can only be exempted with medical proof from registered medical practitioners. However, there is no exemption or fair treatment for students who cannot or decided not to be vaccinated because of other reasons, such as consideration of risks of adverse effects stated by the government, religious background, family, economic burden, and most importantly, bodily autonomy. Furthermore, it is a basic human right to accept or refuse any medication, investigation, or treatment. Our wishes on vaccination should be respected. "Respect and love for our students", as stated by the college, should respect the rights of students, especially when they are legal rights. Thus, if the school insists that no one shall be considered as having fulfilled the class attendance requirement without vaccination, it is obliged to provide learning and attendance-taking alternatives so that unvaccinated students would receive fair education.
4. Unilateral Variation of Admission Requirements
Upon our admission, it was not required by the college that we must take any specific kind of health measures to accept the offer successfully, nor were we informed by the college that the school would cut away our attendance based on our medical decisions in the future. Therefore, such unilateral variation of admission requirements after students have been admitted to the school is unfair and unjust.
5. Declaration and Agreement
According to the official Consent Form for COVID-19 Vaccination issued by the government, the vaccine receiver has to accept a risk of the listed side effects or complications. The form also stated that the vaccine product has not been registered under the Pharmacy and Poisons Ordinance (Cap. 138). If the college is unwilling to provide fair education to unvaccinated students, students are forced to accept this unregistered vaccine with government-certified risks of adverse effects. Does it imply that Tung Wah College is responsible for any side effects and liable for medical compensation?
If Tung Wah College is unwilling to bear the legal responsibilities or burden of compensation of the above situations, it should instead sign a declaration and agreement with unvaccinated students. The declaration and agreement should state: that under the “vaccine bubble” arrangements by the college if unvaccinated students are unable to attend class due to denied campus access, resulting in absences in a class, missed assignments, absences in assessment or examination, etc., Tung Wah College shall not impose any academic performance or disciplinary penalty on them such as downgrade of academic results, low/failure for attendance, revocation of scholarships, grade retention, academic suspension or expulsion.
Tung Wah College is on a mission to be a celebrated home where students can pursue their learning and develop their potential. It is extremely disappointing that the college would launch such unfair arrangements, robbing away students learning and discriminating against students' very own medical decisions. We understand that protecting staff and students’ health is the top priority considering the circumstances but the arrangements are unreasonable and unjust. We urge the college to reconstruct the arrangements of the “vaccine bubble” and re-formulate the policy on the basis of equalities, rights, and freedoms; only by then would it establish a truly healthy and harmonious learning environment for young future medical professionals in Hong Kong.
Regards
A group of students at Tung Wah College