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ASIAN SAILING FEDERATION HIJACK


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#1 Seaferns

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Posted 26 June 2012 - 11:00 AM

The purpose of this post is to draw the attention of sailors and MNA's across Asia to the predicament being faced by the Asian Sailing Federation due to the malafide actions of a few individuals and MNA's
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
all of which have resulted in elections being scheduled for 30 June 2012 at the meeting in Singapore.
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);

(B) 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.

#2 Dog Watch

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Posted 26 June 2012 - 11:45 AM

Wow! This seems all too complex.

So long as there are awsome regattas to go to, with tons of Chang, Singha, Tiger...loads of hot girls, good winds and pictures to show it happened.....

I'm not sure I really care who takes the credit!

#3 ColinG

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Posted 26 June 2012 - 11:49 AM

If it really is a hijack, the only thing to do is court action in whatever jurisdiction the federation is incorporated in (or any other jurisdiction with standing).

Trust me, from long experience, nothing else will work. and the quicker the better. Politics inside NFPs are SO much more deadly than in for-profit organisations! There is usually a total disregard for the law and unless you pull them up. the bullies always win.

That is, of course assuming things are as you say they are. The "facts" in these situations tend to be different depending on who you talk to!!

#4 MR.CLEAN

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Posted 26 June 2012 - 11:54 AM

Have you spoken to ISAF?

#5 Seaferns

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Posted 26 June 2012 - 11:58 AM

reply from Jerome Pels:
I confirm receipt of your email. I am not sure what ISAF can do, but this information is helpful in monitoring the situation.

Have you spoken to ISAF?



#6 Seaferns

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Posted 26 June 2012 - 12:12 PM

i echo the sentiment DW

however ASAF is involved in the capacity of a Regional Federation and as such is responsible for key events like the Asian Sailing Championship / Asian Games etc, the selection of classes for these events etc.

As such this Federation has a DIRECT IMPACT on all sailors in the competitive pipeline and their aspirations are dependent on the decisions, policies and ruling of this Federation.

no disrespect to the big self funded programs of keelboat and sportboat racing across SE Asia but irrespective of what happens with the Federation, it is unlikely that the "beer and beach and b**bs" events in SE Asia will be affected.


Wow! This seems all too complex.

So long as there are awsome regattas to go to, with tons of Chang, Singha, Tiger...loads of hot girls, good winds and pictures to show it happened.....

I'm not sure I really care who takes the credit!



#7 jonno

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Posted 26 June 2012 - 01:05 PM

Politics inside NFPs are SO much more deadly than in for-profit organisations!

That must be why ASAF members North Korea, Iran and Palestine decided to boycott the Langkawi meeting, for the greater good of Asian sailing.

#8 DoRag

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Posted 26 June 2012 - 01:22 PM

No one, and I mean no one, gives a flying F about sailing in Asia. Fuck Asia!

#9 Seaferns

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Posted 26 June 2012 - 01:35 PM

and that is indeed why you are checking out and replying to the thread
:-)

No one, and I mean no one, gives a flying F about sailing in Asia. Fuck Asia!



#10 stranded

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Posted 26 June 2012 - 01:40 PM

brown water commander

#11 Jabbawocky

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Posted 26 June 2012 - 10:43 PM

If you want to have this taken seriously, you'd better explain who you are Seaferns

#12 gimmee

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Posted 27 June 2012 - 01:08 AM


Politics inside NFPs are SO much more deadly than in for-profit organisations!

That must be why ASAF members North Korea, Iran and Palestine decided to boycott the Langkawi meeting, for the greater good of Asian sailing.


Ah yes, the Arab semen of the desert want to bring the infidels into line, having too much fun at our regattas with free Chang, Singha and hot chicks ?

#13 Monkey

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Posted 27 June 2012 - 01:23 AM

This sounds like someone who's worried they won't get elected now that their buddies don't get to appoint him.

I fail to see the evil intent.

#14 George Hackett

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Posted 27 June 2012 - 01:24 AM

boy that sounds a lot like what was done at the manila yacht club many years ago. as the race committee chairman, i was invited to all board meets to present my monthly reports. my chain of command was through the Fleet Captain.

the "puppet master", jerry rollin did not want me to have access to these meetings. so he was able to get his buddy on the board to create the Sailing Chairman who answers directly to the Fleet Captain with the Race Committee Chairman now answering to the Sailing Chairman.

#15 gimmee

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Posted 27 June 2012 - 01:41 AM

boy that sounds a lot like what was done at the manila yacht club many years ago. as the race committee chairman, i was invited to all board meets to present my monthly reports. my chain of command was through the Fleet Captain.

the "puppet master", jerry rollin did not want me to have access to these meetings. so he was able to get his buddy on the board to create the Sailing Chairman who answers directly to the Fleet Captain with the Race Committee Chairman now answering to the Sailing Chairman.


OH NO ! Here we go again ! Please someone donate an island to where we can banish George Hackett and DoRag so they can live out their juvenile fantasies and be Masters of their Universe pleeeaaase...

#16 DoRag

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Posted 27 June 2012 - 03:21 AM

Asia sucks!

#17 punter

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Posted 27 June 2012 - 05:18 AM

Asia sucks!


Thanks for the bump to the top of the page! I almost missed this one. Very interesting developments.

#18 I'moutahere

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Posted 27 June 2012 - 05:21 AM

The purpose of this post is to draw the attention of sailors and MNA's across Asia to the predicament being faced by the Asian Sailing Federation due to the malafide actions of a few individuals and MNA's
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
all of which have resulted in elections being scheduled for 30 June 2012 at the meeting in Singapore.
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);

(B) 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.


A link to the organization where we might see some facts might be useful.

#19 dogwatch

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Posted 27 June 2012 - 06:18 AM

Posted Image

#20 Seaferns

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Posted 27 June 2012 - 06:48 AM

the website is not very informative. www.asafweb.com
however i am uploading for the clarity of discussion the minutes of the meeting and the constitution of the Asian Sailing Federation

Attached File  MINUTES_OF_THE_MEETING-ASAF_2012_-_FINAL+DRAFT-_27_March_2012.pdf   34.75K   17 downloads
Attached File  Constitution of the Asian Sailing Federation.pdf   31.21K   4 downloads
[/quote]

A link to the organization where we might see some facts might be useful.
[/quote]

#21 I'moutahere

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Posted 27 June 2012 - 07:02 AM

the website is not very informative. www.asafweb.com
however i am uploading for the clarity of discussion the minutes of the meeting and the constitution of the Asian Sailing Federation

Attached File  MINUTES_OF_THE_MEETING-ASAF_2012_-_FINAL+DRAFT-_27_March_2012.pdf   34.75K   17 downloads
Attached File  Constitution of the Asian Sailing Federation.pdf   31.21K   4 downloads


Attached File  agm.JPG   40.35K   7 downloads

so how about a link to the latest amended constitution.

Looking thru the list of names at the meeting, I seriously doubt they are up to anything dodgy.

#22 Seaferns

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Posted 27 June 2012 - 08:38 AM

thanks for your reply

the constitution was amended at that meeting itself as can be seen by 10.4 in the minutes
the point is that the amendment to the constitution was not done in accordance with the procedures laid out in Article 14 of the original constitution
thereby eliminating the concept of a rotating secretariat and presidency which would go to the host of the next Asian Games
and making way for an elected president
therefore a potential situation where the Asian Games are in Pakistan but the President is from India


[/quote]
Attached File  agm.JPG   40.35K   7 downloads

so how about a link to the latest amended constitution.

Looking thru the list of names at the meeting, I seriously doubt they are up to anything dodgy.
[/quote]

#23 I'moutahere

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Posted 27 June 2012 - 08:44 AM

thanks for your reply

the constitution was amended at that meeting itself as can be seen by 10.4 in the minutes
the point is that the amendment to the constitution was not done in accordance with the procedures laid out in Article 14 of the original constitution
thereby eliminating the concept of a rotating secretariat and presidency which would go to the host of the next Asian Games
and making way for an elected president
therefore a potential situation where the Asian Games are in Pakistan but the President is from India





So?

#24 George Hackett

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Posted 27 June 2012 - 08:51 AM


boy that sounds a lot like what was done at the manila yacht club many years ago. as the race committee chairman, i was invited to all board meets to present my monthly reports. my chain of command was through the Fleet Captain.

the "puppet master", jerry rollin did not want me to have access to these meetings. so he was able to get his buddy on the board to create the Sailing Chairman who answers directly to the Fleet Captain with the Race Committee Chairman now answering to the Sailing Chairman.


OH NO ! Here we go again ! Please someone donate an island to where we can banish George Hackett and DoRag so they can live out their juvenile fantasies and be Masters of their Universe pleeeaaase...



oh i agree. it sucks that there are people out there that have their own agendas! i was showing an example!!!

#25 Seaferns

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Posted 27 June 2012 - 08:56 AM

pls read my original post
the issues in brief are:
- no adequate notice given for a meeting seeking to make an amendment in the constitution
- no 2/3rd majority of member nations achieved
- the amended constitution referenced by the minutes cannot be recognised as the due process of amendment laid out in Article 14 of the Constitution was not followed


[/quote]


So?
[/quote]

#26 I'moutahere

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Posted 27 June 2012 - 09:00 AM

pls read my original post
the issues in brief are:
- no adequate notice given for a meeting seeking to make an amendment in the constitution
- no 2/3rd majority of member nations achieved
- the amended constitution referenced by the minutes cannot be recognised as the due process of amendment laid out in Article 14 of the Constitution was not followed



and no amendments made yet. Only a working party set up to look into it. Makes sense.

Attached File  submission - 10.JPG   141.17K   3 downloads
Attached File  submisson-10a.JPG   185.8K   3 downloads

#27 Seaferns

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Posted 27 June 2012 - 09:05 AM

pls see 11.2
and attachedAttached File  ASAF Nominations_30 Apr 2012.pdf   49.18K   3 downloads


[/quote]
and no amendments made yet. Only a working party set up to look into it. Makes sense.

Attached File  submission - 10.JPG   141.17K   3 downloads
Attached File  submisson-10a.JPG   185.8K   3 downloads
[/quote]

#28 I'moutahere

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Posted 27 June 2012 - 09:10 AM

pls see 11.2
and attachedAttached File  ASAF Nominations_30 Apr 2012.pdf   49.18K   3 downloads



Anybody elected yet?

More to the point, do you think these people from all over Asia who running the show are up to something dodgy?

What's your agenda here?

#29 Seaferns

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Posted 27 June 2012 - 09:20 AM

elections are scheduled for the ASAF meeting on 30 June 2012 in Singapore
I do think that there has been political maneouvring and powerbroking which led to Myanmar, UAE and Singapore nominating the same person
My agenda is to ensure that the wisdom of the existing constitution is recognised along with its sanctity
and also that any amendment to the constitution is made in accordance with the process laid out in Article 14


what's your agenda?


[/quote]

Anybody elected yet?

More to the point, do you think these people from all over Asia who running the show are up to something dodgy?

What's your agenda here?
[/quote]

#30 I'moutahere

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Posted 27 June 2012 - 09:26 AM

elections are scheduled for the ASAF meeting on 30 June 2012 in Singapore
I do think that there has been political maneouvring and powerbroking which led to Myanmar, UAE and Singapore nominating the same person
My agenda is to ensure that the wisdom of the existing constitution is recognised along with its sanctity
and also that any amendment to the constitution is made in accordance with the process laid out in Article 14


what's your agenda?



Just curious why you think you know better than all those people from all those countries.

#31 Seaferns

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Posted 27 June 2012 - 11:29 AM

when certain representatives try to push through an amendment in the constitution without due process
and then attempt to hold elections at that very same meeting where the constitution has been illegally amended to permit that very election
it most definitely is a matter for concern


[/quote]

Just curious why you think you know better than all those people from all those countries.
[/quote]

#32 DoRag

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Posted 27 June 2012 - 03:36 PM

No one gives a flying f about an Asian Amendment. What's next? A discussion of alternative chop stick technigues? Perhaps some insights as to the most effective noodle shape?

Really, why don't you Asians use a local sailing website rather than boor people on this site? Do you need to rely on the US for everything? Can't you do anything on your own? You are worse than the Australians, and that's pretty low.

#33 stranded

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Posted 27 June 2012 - 06:50 PM

but not as low as dora with rags on

#34 cosmicsedso

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Posted 27 June 2012 - 10:03 PM

No one gives a flying f about an Asian Amendment. What's next? A discussion of alternative chop stick technigues? Perhaps some insights as to the most effective noodle shape?

Really, why don't you Asians use a local sailing website rather than boor people on this site? Do you need to rely on the US for everything? Can't you do anything on your own? You are worse than the Australians, and that's pretty low.



Yep, a very appropriate mispelling that describes yourself perfectly. BOOR!
:rolleyes: :rolleyes: :rolleyes:

Definition en.wikipedia.org/wiki/BoorCached - SimilarBoor may refer to: boor, a peasant or uncultured person; one who lacks in education, knowledge, refinement and social graces.

#35 Dark Cloud

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Posted 28 June 2012 - 12:51 AM


No one gives a flying f about an Asian Amendment. What's next? A discussion of alternative chop stick technigues? Perhaps some insights as to the most effective noodle shape?

Really, why don't you Asians use a local sailing website rather than boor people on this site? Do you need to rely on the US for everything? Can't you do anything on your own? You are worse than the Australians, and that's pretty low.



Yep, a very appropriate mispelling that describes yourself perfectly. BOOR!
:rolleyes: :rolleyes: :rolleyes:

Definition en.wikipedia.org/wiki/BoorCached - SimilarBoor may refer to: boor, a peasant or uncultured person; one who lacks in education, knowledge, refinement and social graces.

Just use this button instead

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#36 cosmicsedso

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Posted 28 June 2012 - 01:23 AM

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Just use this button instead
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Nah. I like playing with Doughy. He is such a cretin it is highly amusing.
He hasnt worked out what WWW means just yet.
And he keeps bumping all our AUS threads so thats not so bad.
:rolleyes: :rolleyes: :rolleyes:




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