周年大選黑箱作業事件相關文獻(51)


‘Never Give In, Never, Never, Never’ - a statement on the recent constitutional risk in HKU

The unconstitutional Annual Election and preposterous rulings from the Council Chairperson galvanized over a thousand Union members into assembling at Happy Park on the 6th of February, 2013 in a bid to fulminate against injustice and demand restoration of normal order of the HKU Student Union (HKUSU) and the Student Union Council (the Council).

Of the loss of confidence in the electoral system held by the Union, there can be no dispute. Looking back, we see the previous General Polling was run with reverberating resonance throughout the campus, as a result of the so-called ‘technical problems’ in the ballot papers [1]. Meanwhile, witness the chaos of the recent General Polling – overrunning of the polling station [2], absence of Returning Officers [3] and scandals over the suspected introduction of fake ballot papers [4]. The list goes on. Regardless of opposition and outcry from all Councilors, the unacknowledged Union Election Committee (the old UEC), which was ruled invalid in ECM9, continued to run the elections, acting against the mainstream opinion. How can these fundamentally-flawed elections persuade voters into casting a trusting vote? With this in mind, it is obvious that boycotting the elections is a corollary.

The fascinating spectacle of the Council Chairperson, abusing his power, deliberately twisting the interpretation of laws and turning a blind eye to the Councilors’ opinions has been repeatedly staged in the Council meetings. In ECM9 and 10, the Council Chairperson invalidated the council membership of several hall association and faculty society representatives, without any previous discussion and resolution in the meeting, and ignoring the law stipulating that the decision should rest with the Council [5]. This denied their speaking and voting rights. Even more ridiculously, the Council Chairperson failed to fulfill his job as a chairperson to hold the meeting properly, by his abrupt departure after his unreasonable and unconstitutional declaration for the adjournment of the aforementioned meetings. Again, when other Councilors called for discussion on the validity of the representatives involved, the Council Chairperson preferred to ‘hear no evil, see no evil and speak no evil’.

At the same time, the President of the HKUSU, especially notorious for his decision to post a statement concerning the Black Gold incident on several newspapers last year [6], aided and abetted the Council Chairperson in providing false information to all ordinary members by misusing the mass email system. For instance, he misled people by asserting that the old UEC was legitimate and encouraged people to participate in the unconstitutional election. He also accused Councilors of destroying the normal order of the Council and distorting the interpretation of the laws [7]. Herein lies the question - who is the liar? The answer is clear in everyone’s mind. As the President of the HKUSU, he failed to take the responsibility to remedy the situation. It sounds quite simplistic, if hilarious, for him to think that the problem could be solved by deceiving every educated people student in the university.

Apparently, HKU is now entangled in a difficult situation. With the situation where the status of law is challenged, reputation of HKU tarnished, dignity ruined and freedom of speech strangled, as an HKU student, one should not hesitate to stand up to save our university, a place renowned for its democracy and freedom.

The Board hereby expresses dissatisfaction with the situation, and disappointment at the outrageous acts of the President of the HKUSU and the Council Chairperson. We solemnly
1. do not admit the illegal UEC led by Mr Or Man-chun and hold that the current elections as valid
2. support the gathering at Happy Park on 6th Feb
3. urge on the resignation of the President of the HKUSU and the Council Chairperson
4. call for a constitutional Annual Election for the new Executive Committee of the Union

It is important that, as a medical student in the medical campus, one should pay heed to the current issues in the main campus despite the geographical difference. Only through this can we know the real situation and prevent ourselves from being misled by some expert liars.

‘You and I have a rendezvous with destiny’; that we will uphold the values of liberty and democracy in our university. ‘We must act today in order to preserve tomorrow.’

Caduceus, The Society Newspaper Editorial Board, Medical Society, HKUSU

Notes:
[1]- refers to the General Polling in mid-September of last year, in which two versions of ballot papers were found.
[2]- On 5th Feb, the polling station located near the Run Run Shaw Podium was found still open at 5:23pm, which was after the stated duration (up to 5:00 pm)
[3]-according to the Constitution Section VI, Article 3-Election Official:’’The Returning Officers for the Annual Election and the By-Election shall be the members of the Union Staff and shall be appointed by the Union Council.’’ However, there were 3 days of the Annual Election period during which there were no Returning Officers. Also, the proposed Returning Officers have already announced that they will refuse the appointment even if the motion is carried.
[4]- happened on 6th Feb
*[1],[2],[4]- please refer to Undergrad, H.K.U.S.U. Instant News for details
[5]- according to By-laws Section One, Article IV- Interpretation: ‘The interpretation of the By-laws shall rest with the Union Council. (amended in CM6
1996)’
[6]- it refers to「有關『黑金政治』的嚴正聲明」
[7]- please refer to the portal emails for details

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