Dear Wai-ka,
I am very disappointed that you dare not clarify on your previous email with the support of constitutional ground. I am astonished by your unconstitutional and unlawful accusation on me which abruptly deny my constitutional duties.
According to Section VII Article 8(d) of the Union Constitution, in the event of a proposed motion of no-confidence moving against the Chairperson of the Union Council, if the Chairperson does not convene the Union Council Meeting within fourteen days upon receipt of the notice, the President of the previous Union Session convene the Meeting to consider the motion upon a requisition SIGNED by not less than one-thirds of the Union Council Members. I must make it clear that, at this moment, I DID NOT receive any SIGNED requisition from any Union Council Members. Please be kindly reminded that, without any verification of the requisition by the signatures, it cannot be considered as constitutional and lawful with legal effect.
Thus, your current action is a serious infringement of the Union Constitution. I urge you, as a responsible Union Council Member, to submit the SIGNED requisition in accordance to the constitutional procedure and respect the constitutional duties of the President of the previous Union Session, in order to avoid any possible constitutional and legal disputes.
Thank you for your kind attention.
With warmest regards,
Dan
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陳冠康致林俊宇電郵全文如下：
Dear Chun-yu,
I was astonished by your unconstitutional and unlawful declaration as the “authorized person” to convene an “ECM11” which is the constitutional duty of the President of the previous Union Session. I urge you to call back your false statement, which is misleading the Union Council Members, Union Members and the public that you are the “President of the previous Union Session”.
According to Section VII Article 8(d) of the Union Constitution, in the event of a proposed motion of no-confidence moving against the Chairperson of the Union Council, if the Chairperson does not convene the Union Council Meeting within fourteen days upon receipt of the notice, the President of the previous Union Session convene the Meeting to consider the motion upon a requisition SIGNED by not less than one-thirds of the Union Council Members. I must make it clear that, at this moment, I DID NOT receive any SIGNED requisition from any Union Council Members. Please be kindly reminded that, without any verification of the requisition by the signatures, it cannot be considered as constitutional and lawful with legal effect.
Thus, your “notice o ECM11” is clearly a false and misleading statement and a serious infringement of the Union Constitution. I urge you, as a responsible Union Council Member, to submit the SIGNED requisition in accordance to the constitutional procedure and respect the constitutional duties of the President of the previous Union Session, in order to avoid any possible constitutional and legal disputes.
Thank you for your kind attention.
With warmest regards,
Dan
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譚振聲致評議員電郵全文如下：
Dear all,
CC would hereby reiterate that ECM11 has been invalidly called. The reasons are that:
1. The CM requests proposed by Mr. Adrian Wu and Ms. Jennifer Chan had lapsed since on 18 February 2013 and until now, the two said proposers had lost their identity as a Union Council member. It will be illegal for CC to proceed convening the meeting based on a request with no proposer (proposer already outgone from the Union Council); and
2. Even if the request were regarded valid as alleged by Union Council members, they shall send a written requisition SIGNED by at least one-thirds of the Union Council members to request him convening the calling, instead of jumping steps by electing LSKHR as the so-called ‘convenor’ for the invalid ECM11.
Because of the invalid convening of the said illegal ECM11, any resolution passed at this Meeting would be null and void. I and other office-bearers of the Union also preserve the right to claim against and take counter-action toward such illegal calling of a meeting.
Regards,
CC
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