Subject: Re: What's going on?

From: Hongguang Zhou <[email-masked]>
Date: Thu, 23 Dec 1993 02:18:51 -0500 (EST)

On Wed, 22 Dec 1993, Yuhe Liu wrote:

> Seems that there are something happening between the Financial inspection
> team and HQ. 

This is not "somthing" happenining between the Finance Inspection Team
(IT) and the HQ. The "something" happening in essence is between the
Council, the legislature or the Board of Trusts/Directors of IFCSS (in
referrance with the Maryland Corporation Law unde which the IFCSS is
registered and operates) and its executive branch. The IT has been set up
by the Resolution adpoted by the Council and acts on the behalf of the
Council. It executes the Resolution. What happening is that an executive
branch of an organization does not comply with a Resolution of the Board
of Direstors and challenges the authority of its superivisors. According
to the IFCSS By-Law Article V, (20), the responsibility of the preisdent of
IFCSS, the head of the excutive branch of IFCSS, includes "2. to carry out
the Resolutions adpoted by the Congress and/or the Council."

> As Jinghong mentioned,the  two sides became too emotional in
> the 2nd council meeting. 

If you think that both two sides want to "emotionalize", you are fooled.
What the HQ wants to see is to emotionalize the whole issue in order to
shift public attention to the financial situation at HQ itself. They use
illigitimate and undecent means to break the normal proceeding of the
2nd Council Teleconference and threw the whole meeting into a chaos. Then
the HQ continues its efforts to discredit the IT, including fabricating
story, such as even "Dong Liqun did not have prior knowledge of ..." ;
very low and disgusting personal attack of IT members. Another step to
"personalize and emotinalize' the issue to confuse public attention.
What's the motives behind it?  Do you know? I don't know.

Zhou Hongguang

---

From: [email-masked] (priv=-10 D.C.)
Date: Thu, 23 Dec 93 03:48:34 -0500

Council is not the boss. Both council and HQ are elected by the general
asembly, which is THE boss. The council is just a legislation part.
Hence, the council can only shown its power by setting necessary rules and
regulation of IFCSS.
I regret to see any acusasion of "motivation" and "misuse of fund" before
a whole and complete conclusion been reached.
I especially regret to see both side (IT and HQ) sending internal mail to
vc net. For those who want to know how council operates should
subscribe the council-l and be aware that most material sent to council-l
is still on-going processes and immature.

Play the rule, not emotion.

Dong Chen
Chair
Rules Committee
IFCSS council

-----------------------------------------------------------------------------

             Wishing you all Happy Holidays
           ...        *                        *       *
             ...   *         *    ..and...                     *
        *      ...        *           *            *
                 ...                   ... A Happy New Year!      *
                   ..                            *
           *        ..        *                       *
                  __##____              *                      *
         *    *  /  ##  ****                   *
                /        ****               *         *  X   *
          *    /        ******     *                    XXX      *
              /___________*****          *             XXXXX
               |            ***               *       XXXXXXX   X
           *   | ___        |            *       *   XXXXXXXX  XXX
         *     | | |   ___  | *       *             XXXXXXXXXXXXXXX
               | |_|   | |  ****             *           X   XXXXXXX
           *********** | | *******      *                X      X
        ************************************************************

          __
   ______/ /301-405-5025(O)____301-314-9437(fax)     Dong Chen
  / ____/ /_  ___  ___    / __ \____  ___  ____(C)   LPR, Univ. of Maryland
 / /   / __ \/ _ \/ _ \  / / / / __ \/ _ \/ __ \     College Park, MD 20742
/ /___/ / / /  __/ // / / /_/ / /_/ / // / /_/ / 
\____/_/ /_/\___/_//_/ /_____/\____/_//_/\__  /  "Everytime I see  a friend
 __________________________________________/ /    succeed, a little part of 
/___________________________________________/     me dies"     - Gore Vidal

---

From: [email-masked]
Date: 23 Dec 1993 14:44:40 -0500 (CDT)

I see both Hongguang and Chen Dong have their points, but the problem is
not as simple as either describes.

Internally, IFCSS is constructed in analogy to US government, the Council,
the HQ, and the SVC are three branches supposedly check-and-balanc-ing
each other.  Whether this idea was great or not, it was the history.

Externally, IFCSS is registered in Maryland as more or less a company,
in which the Board of Directors is the ultimate superior body by law
(correct me if I am wrong).

So, one can argue to his own favor by taking the documents he/she needs.
There DOES exist conflict in the two sides. The only way out may be to
modified the IFCSS constitution and reconstruct it to be aligned with law.
However, that would be for the future.

For the current problem, if we assume the US law is superior to the IFCSS
constitution, then the Board of Directors (Council as internally called :-)
will win the case absolutely in the court of law.

In any sense, I don't think things have been up to the point that it
must be presented to the court. Even inside the structure of IFCSS,
I don't think the HQ has the right to refuse the financial inspectionof
the Council. The IFCSS president bears the obligation to carry out
the Council's resolution. The financial inspection has been conducted 
according to Council's resolution, and the proposed second trip is
a necessary follow-up.

Thanks for your reading.

Yungui Ding

---

From: Songlin Ren <[email-masked]>
Date: Mon, 27 Dec 1993 02:06:05 GMT

I agree with Chen Dong's ponit. Even we assume the US law is superior to IFCSS
constitution and IFCSS registered as an US company, the board of directers
(or council) should follow the BYLAW (constition) of IFCSS, not follow the bylaw
of other US companys. Even the case put on the US court, the the IFCSS bylaw
will play the same role, becouse when IFCSS registered in the State the BYLAW
is the basic legal document for IFCSS. If the bylaw is not against US law,
the council and HQ should defined by IFCSS BYLAW, not by other US companys'
regulation.

Songlin Ren