Joshua Kong's 4 Motions

Dear Dean and others, When I used to propose motions in the time of Dean Koo, they were generally discussed in AGMs. Now especially, since Albert was the acting Dean, motions were largely "ignored" and rejected. So is Albert still alive in the body ? Very sad day for Anglicans as Albert legacy is going to ruin everything Christians. God bless His church. Joshua Kong 20 March 2015 Mr. Kong Yun Chee @ Joshua Kota Kinabalu Dear Sir Motions Proposed for All Saints’ Cathedral (‘ASC’) Annual General Meeting on 29 March 2015 The above matter refers. The Parochial Church Council (PCC) in a meeting convened on 17 March 2015 has deliberated on the motions proposed by you through letters dated 14 March 2015. After discussion and consideration, the PCC has decided that the motions shall not be tabled this coming AGM due to the fact that they are outside the jurisdiction of Cathedral AGM to make decision on such matters. Yours faithfully Hon. Secretary of PCC 4 motions submitted on Saturday 14/3/2015 by fax and email. please support. Dear Bishop Tais and Dean, This motion may not be necessary at the AGM of ASC if there is firm commitment and full transparency of all transactions in ADOS properties and that this mistake be rectified immediately before the AGM on 29 March, 2015 Joshua Motion 4 -- The Mother Church - All Saints’ Cathedral must make sure that the appointed new 6th Bishop of Sabah be done legally within the Constitutions of Diocese of Sabah and Provincial Constitution of Anglican Church in South East Asia for the protection of all assets of the Anglican Diocese of Sabah. Rational:- 1. Going by the sort of undesirable arguments and developments by the learned Counsel and team of advisors acting for the Bishop of Sabah and Archbishop in two civil suits since 2012 and ended on 24 November, 2104, any thing could be possible including Res Judicata and "non-legal entity". We must put the legality of the 6th Bishop of Sabah -Registered Trustee in proper perspective. 2. Which House of Bishop, when Bishop is singular? Can it be House of Bishop of Canterbury? House of Bishops of SEA Province? or remotely possible "House of Bishop" of Sabah? According to the not updated Certificate of Incorporation of the Trustees (Incorporation) Ordinance Cap 148, the name as incorporated under the name of Bishop of Sabah (Registered Trustee), but according the Conditions attached thereof was in Condition 6 that Bishop of Sabah be appointed by the Archbishop of Canterbury and in the case of Albert CF Vun, he was appointed by the sort of once “non-legal” entity APSEA and that Archbishop of “non-legal” entity APSEA. We must make this beyond all doubts legally and avoid any challenge for the 6th Bishop of Sabah. 3. Several titles I had seen is owned by the Bishop of Sabah while a land transaction done by the Keningau lawyer was right to show the owner as Bishop of Sabah (Registered Trustee). The lawyer acting for Albert Vun did state this but had he informed the late exBishop of Sabah? 3. The full ramifications (legal, religious and spiritual) could arise if the proper House of Bishop is not defined and ASC be under an illegal Bishop of Sabah with grave consequences when the 6th Bishop is once again challenged to perform. He may declare himself an "illegal" Bishop and free to do as he likes with the prerogative power still in the ADOS constitution. 4. God is the God of order and so ADOS must put many disputed matters internally only if the vested parties want to listen and not to be dragged and prolonged to the Civil Courts by sort of learned lawyers for hidden agenda especially with last minute withdrawal at the Federal Court. Maybe we need to have a now Diocesan Chancellor and the ADOS land registrar to put all the records in proper order. 5, Even the bank account of the ADOS is illegal with the name “Diocese of Sabah” when it should be “Bishop of Sabah (Registered Trustee)”. With the latest announcement by the ADOS's diocesan secretary, Timmie Liew as attached to the ASC Sunday's bulletin on 22nd February, 2015 on the appointment of Tais as Bishop of Sabah, here is my motion ---
The Secretary, All Saints Cathedral, Kota Kinabalu Motion 1-- The Mother Church - All Saints’ Cathedral must make sure that the appointed new 6th Bishop of Sabah be done legally within the Constitutions of Diocese of Sabah and Provincial Constitution of Anglican Church in South East Asia for the protection of all assets of the Anglican Diocese of Sabah Rational:- 1.1 Going by the sort of undesirable arguments and developments by the learned Counsel and team of advisors acting for the Bishop of Sabah and Archbishop in two civil suits since 2012 and ended on 24 November, 2104, any thing could be possible including Res Judicata and "non-legal entity". We must put the legality of the 6th Bishop of Sabah -Registered Trustee in proper perspective. 1.2  Which House of Bishop, when Bishop is singular? Can it be House of Bishop of Canterbury? House of Bishops of SEA Province?  or remotely possible "House of Bishop" of Sabah? According to the not updated Certificate of Incorporation of the Trustees (Incorporation) Ordinance Sabah Cap 148, the name as incorporated under the name of Bishop of Sabah (Registered Trustee), but according the Conditions attached thereof was in Condition 6 that Bishop of Sabah be appointed by the Archbishop of Canterbury and in the case of Albert CF Vun, he was appointed by the sort of once “non-legal” entity APSEA and that Archbishop of “non-legal” entity APSEA. We must make this beyond all doubts legally and avoid any challenge for the 6th Bishop of Sabah. 1.3. Several titles I had seen is owned by the Bishop of Sabah while a land transaction done by the Keningau lawyer was right to show the owner as Bishop of Sabah (Registered Trustee). The lawyer acting for Albert Vun did state this but had he informed the late exBishop of Sabah? 1.4  The full ramifications (legal, religious and spiritual) could arise if the proper House of Bishop is not defined and ASC be under an illegal Bishop of Sabah with grave consequences when the 6th Bishop is once again challenged to perform.  He may declare himself an "illegal" Bishop and free to do as he likes with the prerogative power still in the ADOS constitution. 1.5 God is the God of order and so ADOS must put many disputed matters internally only if the vested parties want to listen and not to be dragged and prolonged to the Civil Courts by sort of learned lawyers for hidden agenda especially with last minute withdrawal at the Federal Court. Maybe we need to have a new Diocesan Chancellor and the ADOS Diocesan registrar to put all the records in proper order. 1.6 Even the bank account of the ADOS is illegal with the name “Diocese of Sabah” when it should be “Bishop of Sabah (Registered Trustee)”. Proposed by: Seconded by .................................... .................................................... Joshua Y. C. Kong Date:.......................... The Secretary, All Saints Cathedral, Kota Kinabalu 2. We need a new Dean for the ASC to move forward with restoration post the crisis previous Dean Albert CF Vun. Rational:- 1.1 It is more than two years Dean Chak had failed ASC in many ways especially lack of leadership. 1.2 He was caught to follow the irresponsible instructions of ex Bishop Vun especially in the appointment of church volunteers/lay readers and the elections of office bearers. 1.3 Dean Chak did not make any effort to answer to my many questions and comments since he assumed office of Dean in late December, 2012. 1.4 Dean Chak failed to make the proper procedures to enable the Annual Accounts of ASC for year 2013 to be approved by the AGM in March 2014 and then the EGM in June 2014. 1.5 Dean Chak failed to get the approval of the important motions - some with errors - at the EGM held in February, 2014 when such motions were doomed to fail abin ito. Proposed by: Seconded by .................................... .................................................... Joshua Y. C. Kong Date:.......................... The Secretary, All Saints Cathedral, Kota Kinabalu 3. The Solicitor Ronny Cham and his team of legal supporters must explain to Anglican Diocese of Sabah especially All Saints’ Cathedral why he had withdrawn his notice application of Appeal to the Federal Court on 24th November 2014 at the last minute in Court and if deemed appropriate he should apologise to all Christians especially Anglicans. Rational:- 3.1 Ronny Cham was the lawyer in two legal suits acting for Albert CF Vun in the first one and then for the Bolly Lapok in the second but both on the matters of Albert CF Vun. 3.2 Ronny Cham was also advised by the ADOS Chancellor cum the Chairman of the Archbishop Advisory Board Stephen Foo and ex Diocese Chancellor Kenneth Thien. 3.3 Based on the Article in Daily Express of 6th March, 2014, following the first ruling by the High Court on 29th January, 2014, Ronny as the defendant lawyer brought up the issue of Res Judicata of my civil suit against Albert CF Vun earlier. Can this be a “perjury” when he was aware my case was not heard or judged but simply struck out? Can this be “perjury” when it is irrelevant as the defendants in the two cases are different persons? 3.4 Ronny Cham and his team were so confident to stick to the “illegal identity” when it was mentioned in Catholic context as “As far as the law is concerned, each diocese is a separate legal entity, incorporated in the states where it operates. Generally speaking, they are organized as what’s known as a corporation sole—a legal corporation wholly controlled by the individual bishop rather than a board of directors. Yet with “illegal identity”, APSEA could proceed to Federal Court, an irony indeed. 3.5 Several ingredients of both civil suits during and post-events are likely “Contempt of Court” if pursued. Proposed by: Seconded by .................................... .................................................... Joshua Y. C. Kong Date:.......................... The Secretary, All Saints Cathedral, Kota Kinabalu 4. Ronny Cham and team as the legal of the defendant in the APSEA case must advise that the Archbishop must implement the compliance of the Appeal Court’s decisions which reversed the rulings of the High Court by releasing the PAC Report of 2012 on Albert CF Vun and proceed to conduct the Ecclesiastical Court or E-Court without fail. Rational;- 4.1 Court of Appeal held on 23rd May 2014 ruled as follows:- 4.1(a) that the HOB is to forthwith produce to the Appellant and to file into court a copy of the complete Report AND Recommendations of the PAC dated 27.08.2012; 4.1(b) that the HOB is to refer the complaints against BAV to the Ecclesiastical Court within 30 days from the date of the Order; 4.2 Instead of compliance of 4.1, Ronny Cham appealed by filing a notice of appeal to the Federal Court. 4.3 to avoid going back to civil courts, the Archbishop must know the consequences. 4.4 This case had largely affected All Saints’ Cathedral (Dean) vis-a-vis ADOS (bishop) in dual roles of conflict and abuses of prerogatives Proposed by: Seconded by .................................... .................................................... Joshua Y. C. Kong Date:.......................... ( subject to amendment Date: