1964 — Page 12

Page 12 of 312

HONG KONG URBAN COUNCIL

MR. CHAN SHU-WOON.

MR. B. A. BERNACCHI :--Mr. Chairman, I rise on a point of order to inquire about Mr. CHAN Shu-woon taking his place in the Council Chamber to-day. It is necessary for the elaboration to my objection to give to you, Sir, a brief history of the matter. An election petition was presented in, I think, April of last year. Within a week of the election petition being presented Mr. CHAN came to see me and I think that I rang up Mr. CHEUNG Wing-in of the Civic Association and he came over as well. I do not remember all the conversation now, but the petition was mentioned and Mr. CHAN said that anyhow he was proposing to resign from the Urban Council in a few months. It ended by Mr. CHAN giving me a letter, which is still in my possession, undertaking to resign from this Council by the 3rd January of this year and saying that he would not offer himself for re-election to the Urban Council for at least four years. It is a matter of history that the election petition was not pursued and was eventually dismissed.

On or about the 3rd January of this year, in fact, I think it was the 4th January, Mr. CHAN rang me up and asked whether he could come over to see me. I said "Yes" and sensing that it was about his resignation I rang Mr. CHEUNG Wing-in and he came over as well. So Mr. CHEUNG was a witness to both the meetings with Mr. CHAN. At that meeting Mr. CHAN asked whether I would agree to his resigning as from the 1st March (I think he said) and I told him that as far as I was concerned I would not agree. Then he came down to the 1st February and I said that again as far as I was concerned I would not agree unless he showed as a sign of good faith that he was really genuine in his resignation by writing a letter to the Secretary as at the 3rd or the 4th January resigning as at the 1st February. I have reason to believe that this letter was in fact delivered to the Secretary of the Urban Council and ultimately came before you, Sir, as Chairman. In my opinion and submission, that letter was good either from the moment that it was presented to you or from the 1st February, the date that the notice was stated by Mr. CHAN to take effect. I have not heard that Mr. CHAN has withdrawn his resignation previous to the 1st February and in my submission therefore, Mr. CHAN has no more right to take his seat in the Urban Council and Government should declare his seat void and hold a by-election in accordance with the Urban Council Ordinance.

MR. CHAN SHU-WOON:-May I reply, Mr. Chairman? What Mr. BERNACCHI has just said has some fact in it, and I did write the letter to the Secretary of the Urban Council stating my intention to resign. I also wrote a letter to the Chairman saying that I withheld the intention because of personal reasons and I just want to ask the Chairman whether my intention can be considered as a resignation—truly.

HONG KONG URBAN COUNCIL

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If it is the fact that my intention of resigning means that I have already resigned, if the Chairman says so, I will leave the Chamber right away. But my impending resignation, as I wrote to the Chairman and also to the Secretary, states only my intention to resign because of my leaving for the United States for further study there, and I also told Mr. BERNACCHI about it. I asked the Chairman and the Secretary of the Urban Council to withhold the news of my impending resignation and not to disclose it to the public, and they were so kind as to withhold it for me. And the rumours spread, as everyone knows it here, saying that "CHAN Shu-woon is to be expelled by the Government", "voluntary departure is going to make CHAN Shu-woon not to stay in Hong Kong permanently", "not to be returned to Hong Kong from now on", and these rumours-I do not know how-spread so quickly. They made me suffer mentally and materially in my business as well as my financial problems with the business circles and that is why I am still thinking of withdrawing my impending resignation with the permission of the Chairman. If I am not allowed to continue to serve here in the Council, if the Chairman says that I have no longer the right to be here, I will leave immediately with the permission of the Chairman, but according to the Urban Council Ordinance I am still a member. I still have the right to attend this meeting. I ask permission to stay. Thank you.

MR. BERNACCHI:--On a point of order and on a point of clarification, I believe that Mr. CHAN Shu-woon's remark as to requesting the resignation being not made public, was until the 1st of February, which date has long passed.

CHAIRMAN: Mr. CHAN, have I your permission to read to the Members of this Council the letters exchanged between us?

MR. CHAN:-Please do.

CHAIRMAN:-Mr. CHAN Shu-woon addressed a letter dated 3rd January, 1964 to the Secretary of the Urban Council, in the following terms:

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I beg to tender my resignation from the Urban Council effective from the 1st February, 1964 due to the fact that my time is too short to cope with the work required of me on the Urban Council due to my numerous personal and business engagements.

I should be obliged if you would not announce the fact of my resignation to the press and the public until the 1st February, 1964."

In reply to his letter it was explained to Mr. CHAN Shu-woon that it was thought that the correct procedure for him was to write on 1st February, tendering his resignation from the Council.