Dear Council Chairperson Mr. Tam Chun Sing and Mr. Chan Koon Hong,
We write to restate the validity of the request and express our objection to your email declaring the lapse of ECM request. We think your failure to convene commit a clear dereliction of duty.
1. According to Section VII Article 8 of the Union Constitution, sub-article (d) applies if the fact that the Council Chairperson does not convene the Council Meeting within 14 days stands. It does not mention the meeting be convened exactly after the 14th day. More importantly, as any notices of Emergency Council Meeting shall be issued 24 hours beforehand and you, the Council Chairperson, has thus already failed to fulfill your constitutional responsibility to convene the meeting by 18 February 2013.
2. It must be restated that the validity of a request should be judged at the time of reguesting not when the given buffer periods expired.
Therefore, the request of Mr. Adrian Wu and Ms. Jennifer Chan who proposed the motions of no-confidence on Feb 4 must be valid without doubt as they were both office-bearers at that time. The proposal of the meeting shall never expire when the proposer later finishes his/her term of office. If such case stands, every request or decision could possibly be invalidated retrospectively. Under Section VII Article 9 of the Union Constitution, sub-article(b), a meeting shall be convened at the request of any Member of the Union Council seconded by three Union Council Members. Whether a meeting could be convened in the absence of the proposer is not stipulated in the Constitution. There are no legal grounds for the Council Chairperson to make such accusations.
3. A reminder of the motions of no-confidence against CC and HS has already been sent to the Council Chairperson earlier on 16 Feb 2013. The Council Chairperson should have been well informed and aware of the termination of the Union Session is an important factor as to when to convene the meeting. With the prior notice and knowledge of the proposers’ status , the Council Chairperson, however, refused to convene a meeting earlier. It is, once again, the Council Chairperson ’s dereliction of duty. We highly suspect the Council Chairperson ’s deliberate intention not to convene the meeting, which will discuss proposed motions of no-confidence against him.
With the motions of no-confidence being unsettled for over a month, there is no point for the Council Chairperson to procrastinate repeatedly. We hereby restate the validity of the request proposed by Adrian Wu on 4th Feb, when he was still an official legal councilor and request Chan Koon Hong, the Past President, to convene ECM11 on 19/2/2013.
If the above requested meeting was not called, we will follow the Constitution and elect a Union Council Member among those signing the requisition to call ECM11.
Regards,
AAR (文學院學生會代表)
ASR (建築學會代表)
BEAR (經濟及工商管理學會代表)
DSR (牙醫學會代表)
EDSR (教育學會代表)
LAR (法律學會代表)
LCHHR (李志雄紀念堂學生會代表)
LHHR (利希慎堂學生會代表)
LHTHR (何東夫人紀念堂宿生會代表)
LSKHR (李兆基堂宿生會代表)
MHR (馬禮遜堂宿生會代表)
MSR (醫學會代表)
RCLHR (利銘澤堂宿生會代表)
RHR (利瑪竇宿舍宿生會代表)
SCSHR (孫志新堂宿生會代表)
SJCR (聖約翰學院學生會代表)
SKYLHR (李國賢堂學生會代表)
SSR (理學會代表)
SSSR (社會科學學會代表)
STHR (施德堂學生會代表)
SWHR (太古堂宿生會代表)
UHR (大學堂宿生會代表)
WLHR (偉倫堂學生會代表)
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