0
The following is a direct consequence of these actions:
- an illegally convened meeting in Langkawi
- at which the ASAF Constitution was illegally amended without the required majority
- as a result the Prsidency of ASAF which was a ROTATING post by APPOINTMENT has been changed into an elected post
my sincere appeal to all sailors and officials of MNA's with genuine intent to do everything in their power to avert this disaster
the result of which would be to deliver the regional federation into the hands of a few individuals with a vested commercial interest in the sport.
the below argument substantiates the points made above:
1. THE MEETING HELD IN LANGKAWI, KEDAH, MALAYSIA ON 24TH FEBRUARY 2012 WAS CALLED IN VIOLATION OF THE ASAF CONSTITUTION
With regard to call for a meeting of the ASAF Council, the art. 10.© of the ASAF Constitution says: “a three months notice in writing shall be required to convene a Council Meeting” In addition to the above, the art. 14 of the ASAF Constitution provides for specific rules as to call for a meeting in order to amend or alter the ASAF Constitution (exactly as it was the case of the meeting in Langkawi). Such article says: “A clear three months notice in writing will be necessary to convene a Council Meeting for making any amendment to the Constitution. In an emergency or to meet special circumstances a Council meeting may be held with a shorter notice period provided written / telegraphic consent of two thirds of the members is obtained in advance”
The meeting in Langkawi was called by an email sent on December 26th 2011 in violation of the provisions of the abovementioned articles (less than two months notice – December 26th, 2011 à February 24th, 2012). In such an email there was no mention of any reason of urgency nor of any need to meet special circumstances that suggested a shorter notice period (as per art. 14). And the prior consent to a shorter notice period by two thirds of the members was not obtained. As the mentioned art. 14 says, the consent to a shorter notice period is to be given before (“in advance”) the meeting is called (interpreting otherwise would result in a permanent waiver to the three months notice period which certainly does not appear to be the intention of the clause). In addition, the chairman did not give evidence of any approval (emails or telegrams) nor any documents in that respect is attached to the minutes.
As a consequence, all the decisions taken in Langkawi are invalid due to the irreparable violation of art. 10.© and/or 14 of the ASAF Constitution as to the calling a meeting.
2. THE DECISION TO AMEND THE CONSTITUTION TAKEN IN LANGKAWI ON 24TH FEBRUARY 2012 IS INVALID
With regard to the required majority for amending or altering the ASAF Constitution, the art. 14 of the ASAF Constitution says: “Any amendment or alteration of the Constitution of the ASAF shall be made at a Council meeting by a two-thirds majority of the membership by circulation or presence/proxy. …”. Considering that the ASAF members are 27 (twenty seven countries), the two-thirds majority of membership (not of the members present at the meeting) is equal to 18 (eighteen) countries. At the meeting in Langkawi the ASAF members present were only 16 as stated in the minutes. The chairman of the meeting did not mention the issuance of any proxy nor that any vote was expressed “by circulation”. Out of the 16 members present only 15 (China, Singapore, Myanmar, Pakistan, Qatar, India, Japan, Chinese Taipei, UAE, Honk Kong, Malaysia, Oman, Thailand, Kazakhstan) voted in favour of the amendments to the ASAF Constitution; the other 1 (Korea) voted against.
Therefore the two-third majority required by art. 14 of the ASAF Constitution was not achieved and, consequently, the amendments to the ASAF Constitution have not been approved.
3. THE ELECTION OF ASAF OFFICERS CANNOT TAKE PLACE AT THE MEETING OF 30TH JUNE 2012
As demonstrated above no change to the ASAF Constitution have been validly approved, therefore no election can take place on June 30th, 2012 because the ASAF Constitution in place now (as well as prior to the meeting in Langkawi) does not provide for any election of officers (but only for appointment).
If, notwithstanding all the above, an election is held it will be invalid and illegal because it will take place in accordance with a text of the ASAF Constitution that was invalidly approved (violation of the procedure for calling the meeting, failure to obtain the required two thirds majority).
4. HOW TO PROPERLY AMEND THE ASAF CONSTITUTION
The right thing to do now is the following:
(a) to properly convene a Council meeting with three months notice or, in case of an urgency or the need to meet special circumstances, with a shorter notice, provided that the consent of two thirds of the members is given before calling the meeting based on a matter of urgency or a need to meet special circumstances (which shall be clearly spelled out so that the ASAF members can duly consider whether the urgency or the need exist);
(
to put on the agenda of such meeting the proposals to amend the ASAF Constitution;© at such meeting, to vote upon any proposed amendments to the ASAF Constitution;
(d) if approved with the required majority (two thirds of the ASAF members), then, to open the candidature period and to call another Council meeting where the election of ASAF officers will be on the agenda.
