周年大選黑箱作業事件相關文獻(4)

評議會主席譚振聲電郵原文：

【HKUSU】Invalid “Council Meeting” and “Election Committee Meeting” on 2 and 3 January 2013 respectively
Students' Union [union@hku.hk]
Sent: Friday, January 04, 2013 6:37 AM
Cc:
mail.service@intranet.hku.hk

Dear Union Members,

Invalid “Council Meeting” and “Election Committee Meeting” on 2 and 3 January 2013 respectively

I am writing to clarify that the Emergency Council Meeting 9 (ECM9) began at 10:30pm on 1 January 2013 was adjourned in the morning on 2 January 2013, more than 8 hours after its commencement. The “meeting” conducted by some of the Councillors, the “committee concerning the election” established by themselves and other “resolutions” afterwards are invalid and unconstitutional.

According to V, Section III, Union Council By-laws, “at a time 6 hours after the commencement of the meeting, the proceedings on any business, agendum or motion under consideration shall be interrupted, and if the Union Council is in committee, the Union Council shall resume: provided that, if the Council Chairperson is of the opinion that the proceedings on which the Union Council is engaged could be concluded by a short deferment of the moment of interruption, he may in his discretion defer interrupting the business”. Upon the request of interruption by Councillors, considering the meeting could not be concluded by a short deferment, I had to adjourn the meeting in accordance to Union Council By-laws.

Please note that no motions on agenda discussion could be entered and no resolutions on the agenda could be derived after the adjournment of meeting. Logically, Council Chairman, Honorary Secretary and all other Councillors shall not be considered as “absence”, as descirbe by the remaining Councillors. No acting Council Chairman and Honorary Secretary could be elected.

Further, the Union Constitution provides that the Union Council Meeting shall be convened by Council Chairman and outside the Council Meeting only Council Chairman or Honorary Secretary (in my absence) can call the Meeting. It is therefore invalid for a “so-called” unconstitutional fake “Council Chairman” (EDSR – Representative of the Education Society, HKUSU – Miss Vivian LI Wai-yan) to act in my capacity. Therefore, the notice so-called issued by Miss LI on ended ECM9 is invalid due to contravention to the Union Constitution.

Last but not least, notice of the Meetings shall be sent to all Councillors at least 24 hours beforehand. Clearly the “resumption” (which is not constitutionally recognized by me) is another new Meeting session which requires prior sufficient notice.

Base on the facts as stated above, the so-called notice of the resumption of ECM9 in the morning and at 7:30 pm on 2 January 2013 is invalid and unconstitutional. Moreover, the rights for actions against the unconstitutional acts done by some Councillors are preserved.

With warmest regards,

Tam Chun Sing
Council Chairperson
HKUSU Council
Session 2012