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本内容为网友发布信息，仅代表原作者观点，不代表本平台立场。
欢迎网友把本帖转载各澳华论坛，尽快让Flinders 那位同学看到，谢谢！
Council 里面是有正义的声音的，请见今天早上所发邮件：
To: Phillip Martin <[email protected]>; Anne Moran <[email protected]>
Cc: Robert Simms <[email protected]>; Arman Abrahimzadeh OAM <[email protected]>; Franz Peter Knoll <[email protected]>; Mary Couros <[email protected]>; Zhuopeng (Simon) Hou <[email protected]>; Jessy Khera <[email protected]>; Greg Mackie <[email protected]>; Helen Donovan <[email protected]>; Alexander Hyde <[email protected]>; Lord Mayor <[email protected]>
Subject: Re: A petition to dismiss Simon Hou as councillor of Central Ward
Dear Councillor Moran:
Thank you for your kind support. Yes, it is shocking, but the even more shocking development is yet to come over the weekend. It has been reported by the media that Mr Hou's lawyer has sent a letter to the other petitioner (reportedly a Flinders Uni international student), demanding $ 50,000 for defamation https://www.reddit.com/r/Adelaide/comments/ld62fq/advice_needed_councillor_simon_hou_of_the/
We find it necessary to express our honest opinions on the matter:
1. In the letter which was originally shown in the link above (now locked), Mr Hou's lawyer has quoted our petition in allegations against the other petitioner. We have no connection whatsoever with the poor student. It is unfair, and simply wrong, to make allegations on the other petitioner by mixing the two separate petitions together.
2. In the last email in response to Councillor Martin's request for a translation of Mr Hou's statement, we have referred to the other petition because it was handily ready on line. We have taken every reasonable steps for proof reading the translation in the other petition, and we believe on reasonable grounds that it is a fair translation.
3. Having said that, due to the immense difference between the Chinese and English language, no translation can claim to be 100% accurate. In fact, there are a lot of subtle meanings underneath the words and between the lines of Mr Hou's statement which can only be apprehended by native Chinese speakers and can hardly be translated into English directly. It is exactly for this reason why Mr Hou's statement had sparked wide spread criticism among the Chinese Australian community, not only in Adelaide but across the country. There have been thousands of comments on Mr Hou's statement, including but not limited to this famous one by 澳洲吐槽君 阿德莱德某议员神操作回顾
4. It is completely unAustralian for an elected member to respond to a petition by an individual member of the public with a defamation lawsuit, let alone on a vulnerable international student. To the best of my knowledge, it never happened with any elected members at any tiers of governments in Australia.
5. A member of a local government is defined as a public officer under Schedule 1 of the ICAC Act 2012 (SA). The character and conduct of a public officer is to be put under the test of a high standard of integrity.
6. A petition by a member of the public to the governing organisation in regards to the conduct of a public officer is the exercise of an implied constitutional freedom of communication with respect to political disclosure or matters. (see Nationwide News Pty Led v Wills, and also Australian Capital Television Pty Ltd v Commonwealth of Australia)
7. "Political discussion" includes discussion of the conduct, policies or fitness for office of government, political parties, public bodies, public officers and those seeking public office. The freedom of communication about the government of the Commonwealth extends to all political matters, including matters relating to other levels of government. This is a constitutional defence for defamatory matters upheld by the HCA (see Theophanous v Herald & Weekly Times Ltd, and also Stephens v West Australian Newspapers Ltd )
8. Further to the above, Defamation Act 2005 (SA) also provides a number of other defences in Part 4 Division 2 which can be applied to this matter.
9. There is no chance of winning on Mr Hou's side. However, we acknowledge his right to put this matter before the court. If he chooses to do so, we will stand in solidarity with the other petitioner. We will go fund for the poor young kid to fight the legal battle in the Magistrate Court, District Court, Supreme Court and/or all the way up to the High Court if need be.
We truly believe that the Adelaide city council, as the recipient of the petition, has a moral duty to do something to help the poor international student who has been under great stress after receiving the letter. Further to that, the council also has a legal duty to clarify its stance on the matter, otherwise this threatened action for defamation will set a dangerous precedence with an appalling chilling effect on all future petitioners or whistle blowers.
Defamation lawsuit is not a tool for those with superior financial position to shut the humble people's mouth up. Do You Hear the People Sing? https://www.youtube.com/watch?v=1q82twrdr0U
May God bless you all and the poor kid.
V for Victory of the people
On behalf of a growing group of citizens across Adelaide and beyond
Read those comments below this 7 news report (starting from 0:48 in regards to this threatened action for defamation https://www.youtube.com/watch?v=6wrSBl9qoD8 )
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