Page 13 of 312
HONG KONG URBAN COUNCIL
No word was received from Mr. CHAN Shu-woon on 1st February, although he did reply on 10th January acknowledging receipt of the Secretary, Urban Council's letter of 8th January. On 10th January Mr. CHAN Shu-woon wrote:
<<
Thank you very much for your letter of 8th January, 1964 and for your co-operation and kindness of pointing out to me the contents of Part III of the Urban Council Ordinance, 1955. I am sorry to say that for such a long period of my service on the Urban Council I haven't noticed the regulation of resignation of a member.
Also, I appreciate very much the other points of information in your letter and especially your keeping to yourself the fact of my impending resignation."
No word was received from Mr. CHAN Shu-woon on 1st February, as I have already said, or throughout the month of February, although attempts were made to get in touch with him. Eventually, another letter was addressed to him signed by myself on 12th March referring to his letter of 3rd January and stating that I had now been advised that since by virtue of section 11 of the Urban Council Ordinance, a resignation takes effect upon receipt of the notice by the Chairman, Mr. CHAN Shu-woon's letter of 3rd January, 1964 could be read as a request to the Secretary, Urban Council, to place it before me on 1st February, 1964, and that therefore Mr. CHAN Shu-woon could be regarded as having resigned on that date. The letter added "unless I hear from you to the contrary before the 19th March, 1964 I will take the necessary action to declare your office vacant."
Mr. CHAN Shu-woon replied to that letter on 16th March :-
I beg to tender my resignation from the Urban Council effective from the 1st of May, 1964 due to the fact that my time is too short to cope with the work required of me of the Urban Council due to my numerous personal and business engagements.
I should be very much obliged if you would not announce the fact of my resignation to the press and the public until the first of May, 1964.
Your kind approval is deeply appreciated."
A reply was sent dated 6th April, 1964 and this states, after acknowledging receipt of the letter of 16th March, that I accept Mr. CHAN Shu-woon's letter as a notification of resignation with effect from 1st May, 1964 and that I will take the necessary steps on that date to declare the office vacant. That letter was sent by registered post this morning.
Mr. CHAN, I can only say that as far as I am concerned, on the advice which I have received, you are still a Member of this Council
HONG KONG URBAN COUNCIL
5
and entitled to take your seat and that you will cease to be a member of this Council on 1st May in accordance with the resignation already conveyed to me.
MR. BERNACCHI:-Mr. Chairman, may I first of all correct one mis-statement that I repeated, I think, two or three times in my original address to you, Sir. I said "I personally" two or three times. I think what I should have said was "I, as Chairman of the Reform Club." The other is that as this is a matter of importance for the future as well as the present, I move that the whole question as to when the resignation of Mr. CHAN should take effect be referred to the Standing Orders and Procedure Select Committee to give a ruling thereon. I Sir, am a member of that Committee, but of course I would not vote upon that matter having made my own position so clear this afternoon.
DR. R. H. S. LEE:-Mr. Chairman, I rise to second the motion.
CHAIRMAN:-Sir, may I point out that this matter of Mr. CHAN Shu-woon's position is on the agenda for discussion in the Standing Committee of the Whole after to-day's Council meeting. It will then presumably be for reference to the Standing Orders and Procedure Select Committee.
MR. BERNACCHI-I am content to accept it if your words at this meeting do not tie the Council's hands in the discussions in the meeting of the Committee of the Whole. You, Sir, said that Mr. CHAN is still a member of this Council. I take the view that he is not a member of this Council, and that is what I desire to have referred to the Select Committee on rules and procedure. If, Sir, you can give the Council the undertaking that the Council is not bound by your ruling this afternoon, then that is perfectly all right from my point of view, but rulings from the chair are normally dealt with by the Select Committee on Standing Orders and Procedure. There is a special section of the Standing Orders dealing with this. A ruling from the chair can only be questioned by referring it to the Select Committee for orders and procedure.
CHAIRMAN:-I agree, Sir, but my point is that you are proposing that this matter be referred by motion now to the Standing Orders and Procedure Select Committee. My suggestion is that it could equally well be referred to the Select Committee by the Standing Committee after this meeting. I do not care which way you do it.
MR. BERNACCHI:-It would be better to have the Whole Council to decide and I am fully in agreement with you, Sir, as long as it is clearly understood that this is a questioning of your ruling in the matter and therefore a subject for reference to the relevant Select Committee or to the Committee of the Whole.
Page 13 of 312