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Letters to the Editor: Sir John has a point

I was initially concerned by the remarks of Sir John Swan in reference the current state of affairs of the New United Bermuda Party.According to Sir John there is nothing "new" about the party. I felt that his comments were unfair and premature but when I read in yesterday's that the UBP had appointed Mr. Gordon Johnson as its new executive officer, I was dumbfounded. This simply confirmed everything that our sagacious Sir John said.

January 21, 2004

Dear Sir,

I was initially concerned by the remarks of Sir John Swan in reference the current state of affairs of the New United Bermuda Party.

According to Sir John there is nothing "new" about the party. I felt that his comments were unfair and premature but when I read in yesterday's that the UBP had appointed Mr. Gordon Johnson as its new executive officer, I was dumbfounded. This simply confirmed everything that our sagacious Sir John said.

How can the UBP try and convince Bermuda that they are committed to inclusion and diversity; I just cannot see it. Maybe Mr. Johnson was the only applicant for the job and if that's the reality it is just as sad.

A serious violation

January 9, 2003

Dear Sir,

All constitutions consist of written legal rules and unwritten non-legal rules. The source of legal rules are found written within the constitution itself. The source of non-legal rules are unwritten and are found in what are called conventions, or habits, or customs or traditions. Allen & Thompson states in 'Case Materials on Constitutional and Administrative Law' that, "conventions represent important rules of political behaviour which are necessary for the smooth running of the constitution." K.C. Wheare states in 'Modern Constitutions' that "in all countries conventions are important and play as important a part as they do in England."

Mr. Editor, E.C.S. Wade writes in the introduction in Dicey book titled, 'An Introduction to the Study of the Law of the Constitution' that "the term convention has been accepted to describe a constitutional obligation, obedience to which is secured despite the absence of the ordinary means of enforcing the obligation in a court of law." A.V. Dicey defines conventions as "rules" for determining the mode in which the discretionary powers of the Crown ought to be exercised." According to Allen & Thompson, "Dicey was concerned to establish that conventions were intended to secure the ultimate supremacy of the electorate."

Having said this, Mr. Editor, the convention, the unwritten rule, the tradition, the reasonable expectation and normal custom for appointing the Chief Justice has always been the constitutional responsibility of the elected Premier of Bermuda who represents the supremacy of the electorate. The appointment of the Chief Justice by the Governor is a violation of this very important convention, is a breach of every Bermudian constitutional right and only serves British autocratic ends. The Bermuda Constitutional does not support the Governors decision and therefore the appointment of the Chief Justice Richard Ground was manifestly illegal and unconstitutional.

Slap on the wrist

January 12, 2004

Dear Sir,

Who does Bermuda really belong to?

To the brawlers and thugs? Are we going to let this Island go down by default because we are too lazy to deal with a very small minority who are hell bent to rabblerouse and spoil every event (most of our youth are to be greatly admired).

These hooligans are bored out of their brains (correction) heads, and are usually spoilt brats and mama's boys, with the top of the line sneakers and the most expensive cellphones; whose parents run to the schools if their little darlings are reprimanded too severely. What is wrong with us, why can't we take away the privilege of freedom when they misbehave?

Two headlines picked at random out of last week 'Football brawler walks free' and 'Attack on Police', one does not even need the rest of the sentence, the beginning words tell it all.

How dare anyone attack our police, brawl at a football match and get away with it through a clerical error or abuse on teachers; I gather the five involved in the attack on the police should have won an Academy award in court!

How hypocritical can we be when we chastise the parents for not controlling their offsprings, when the judiciary let them off with a slap on the wrist and home for tea. How terrible for the police and teachers when they know there is no redress coming. I hate to criticise without offering some kind of suggestive remedy. I am therefore hoping, Mr. Editor, you would follow this letter with a repeat of one of my letters of yesteryear, which proves as current as it is today, we have not come very far!

Give them a career

February 21, 2003

Dear Sir,

What is mysteriously difficult about coping with our destructive youth? Are we afraid to take away the one thing they value and love the most? Their freedom, no, not lock them up as punishment, lock them up as step towards rehabilitation.

As I have advocated so often in my letters to the Editor, the first step we should take is to stop mouthing about how bad they are and set about finding solutions. There is only one feasible and practical solution as I can see on the horizon.

1. Place them in strict disciplinary facility for three months, where there is no access to the outside world, visitors, TV, newspapers or parents, where they are required to spend a day of up to 6 a.m., learning trade of their choosing in the morning, physical activities in the afternoon and lectures in the evening, NOT entertainment, and then in bed by 10 p.m. They would be allowed to choose their discipline which would range from, boat building, fishing, electronics, plumbing, agriculture, construction, landscaping and or academic pursuits. This facility would probably be best located out with the Regiment and would have staff and faculty to inculcate a healthy regimen life style, of a military background, teaching discipline, hygiene, strong work ethic and good psychological attitude. This would be a hard day and possibly resented by many, but after while the feeling of comradeship motivation and pride, to find at last, a haven of safety and possibility whereby they would learn trade and graduate to a position of craftsman, would no doubt instill feeling of seeing something concrete at the end of the tunnel, where they could earn wage and be respected for their expertise.

This plan should surely have great merit for the community for the youth itself, for Bermuda's image (who knows, this could be pilot for the rest of the world to look at) and I am quite sure for the Magistrates, who sometimes have nowhere to send those youths except to the "swinging door" and we all know what that is! They come out resentful, shamed and angry.

Let us as a community plan together. I am quite sure there are many senior citizens who have retired reluctantly with invaluable expertise in all the fields mentioned, and many not mentioned, that would enjoy donating their time to teach a few hours week. Let us do it before we lose the next generation by default! I am registered nurse and would be happy to be involved in teaching some form of art or hygiene. It is not too early to ask for volunteers who would be willing to give of their time to teach their field of expertise. A post office box could be set up with 's cooperation, and panel committee (voluntary) could review the applicants. This is not new concept and one that could earn great merit.

Out at Prospect years ago there was a trade centre technical trade centre, where the wonderful Bermuda expertise that exists today with the older craftsmen came from and one never meets one of these men today that you don't see that gratitude and pride they have in being so highly valued and respected.

Doubts about bank sale

January 22, 2003

Dear Sir,

Why sell the Bank of Bermuda?

No other small country has created its own bank with such a worldwide reputation, that brought so much business home, and has provided attractive income and gains to its shareholders.

So, it's important for all shareholders ? and all Bermudians ? to carefully examine whether it's really in their interest to sell one of Bermuda's "crown jewels". The top executives present the sell out as the only alternative, but they are hardly disinterested in the result. They have arranged for options and a sweetheart deal that pays them many millions of dollars for delivering the bank to HSBC ? allowing them to prosper regardless of the future ? and adds a penalty to deter other bidders.

I've read they have even arranged to be paid about $20,000 for each employee fired in the transition, while the jobs of 150 mid-level management and technical staff are permanently exported abroad. They get the money ? not the former employees who will need it.

Consider these questions:

(1) If the bank will continue to be a self-sufficient "local bank", is much gained by Bermuda selling this jewel?

(2) If the bank needs more scale in its international operations, why can't it expand these, or acquire others (as HSBC and others are doing), rather than selling out?

(3) If the local market is so small that Bermuda Commercial Bank withdrew from the market, and no other global bank has shown any interest in buying the bank, is there a real threat that foreign banks will enter and destroy the Bermuda market? How will they manage the great cost of customising their services to meet Bermuda's requirements?

(4) Do you really think that any foreign bank will put Bermuda's interests first? I think that HSBC has no interest in promoting Bermuda above its other locations, and there are few new products that would be so enormously useful to its citizens.

In my personal experience and opinion, HSBC, like all big banks, is generally indifferent to the needs of its customers, and its employees and management flout relevant laws. In dealing with my accounts, they seem to blithely ignore and violate laws relating to privacy, record-keeping requirements and securities law. These are hardly the kind of services that any customer wants.

Another reason given for selling is that the price of the shares is likely to fall below the current buyout-offer-induced price. In my opinion, the price set is not much of a premium for all the hidden values in the bank's real estate and worldwide goodwill. Yes, the price is likely to fall, in the short-run ? until the bank gets back to work and creates more useful services for clients worldwide and grows its business and profits. Then the dividends and share price would rise.

Is it really worthwhile, in the long run, to sell this gem of a company for a small, short-term gain, and lose control of the means for expanding Bermuda's prosperity and the bank's great potential for growth and profitability? I have held shares in this and other Bermuda companies for 17 years, because I believe in Bermuda and its future. If you have similar doubts about the plan, join me in rejecting this sell-out of our interests.