Monday, June 30, 2008

Email to Liberal Senator Boyce of 23 June

Dear Senator Boyce

Should Australians at work have rights to obey the laws and Constitution? The petition has virtually raised this question. What is your answer for this question? I have asked similar questions in previous emails. You haven’t responded to it.

Having read my email to Mr Carter of 26 May, your email stated to the effect that you knowingly supported the fraudulent reasons in Mr Carter’s letter of 15 May. On 19 June Yasmin told me you considered the case laws that Australians complain about workplace illegalities ‘only to a Court or Tribunal’ was correct.

On 5 May, Yasmin told me the case law was correct according to a lawyer’s advice. On 14 May I talked to Michael, ‘the lawyer’. He said he was a law student and was doing a research for the case law. He was going to send me an email by 23 May. I haven’t got any emails from him. On 19 June, he talked to me over the phone. However, when I asked the email he promised he gave the phone to Yasmin. Obviously, he didn’t want to express his opinion on this matter.

On 19 June I talked to Mr Carter. He didn’t have intention to deny at all that he knowingly gave the fraudulent reasons in his letter of 15 May. He said I was banging my head against a brick wall because of separation of power. Obviously, it is an excuse. If it were true he would have clearly written it in his letter of 15 May. I said to him the committee accepted to the effect that the Full Court’s interpretation that Australians ought to complain about workplace illegalities ‘only to a Court or Tribunal’ was legitimate interpretation of the laws. As no laws allow Australians to complain about workplace illegalities ‘only to a Court or Tribunal’ the committee should make inquiries about it and urge the parliament to fix the constitutional problem by enacting laws to allow Australians complain about workplace illegalities ‘only to a Court or Tribunal’.

Mr Carter advised me I should seek advices from constitutional lawyers. I told him we sought opinions from famous constitutional law professor in Sydney University, George Williams. Then Mr Carter advised me the committee’s decision was final and the case would not be reopened, I have to go to other jurisdictions or avenues. Apparently, he accepts our opinion that Australians’ constitutional rights are affected by the Full Court’s interpretation of the unlawful dismissal laws.

The committee mainly comprised of bipartisan senators. Where could we go? Someone suggests that we campaign for a referendum on this issue. Others argue demonstrations will work as the Constitution has given Australians at work constitutional right to obey the laws and Constitution. Someone proposes that a hunger strike in front of the Parliament House will be a good kick start for next phrase of the campaign for:
a. Australians’ constitutional right to obey the laws and Constitution at work
b. This country operates under the rule of law.

As you are the only one so far, saying, through Yasmin, to the effect that Australians ought to complain about workplace illegalities ‘only to a Court or Tribunal’ or Australians at work shouldn’t have rights to obey the laws and Constitution, the reasons of your conclusion are very important. Could you please provide reasons for your assertion? We greatly appreciate it in advance.

I look forward to receiving your reasons.

Yours sincerely

Daming He