December 3, 2003

Dear Sir,

When the century-long Spanish monopolistic grip on the settlement and exploitation of the New World began to weaken after the defeat of the Armada in 1588 England began tentatively in the early 17th Century to encourage the establishment of colonies at first only where it would not come into confrontation with Spain namely along the Northern part of the North American Eastern Seaboard. England did this by granting to interested citizens joint stock incorporations with power to raise capital to establish settlements and the charters provided that the mother country would assure the colonies of good government and would protect them from hostile attack. Since the mother country had these responsibilities for the welfare of the colonies no colony was permitted to exercise its control over its internal affairs in a manner which would hamper the mother country in discharging its responsibilities.

In the ensuing 400 years the establishment of British colonies throughout the world became one of the most important developments throughout this period reaching its height in the mid nineteenth century since which time various colonies began achieving their independence at an accelerating rate. At present there are only some dozen left - all small and scattered around the globe - but the essential nature of the relationship between each colony and the mother country (hereinafter called “the UK government”) remains the same as it was at the beginning.

The first written constitution of Bermuda was given legal effect by an act of the UK parliament called the Bermuda Constitutional Act 1967 which provided that the UK government may by Order in Council make such provision as it deems expedient for the government of Bermuda. In February, 1968 the UK government made an Order in Council bringing into effect the first draft of our present Constitution which has been amended some dozen times - once following a Constitutional Conference but usually without such a performance - but it is substantially in its original form.

Only the UK government can amend our Constitution and it has repeatedly assured the remaining colonies - now called Overseas Territories - that it will not make any such amendment until it has satisfied itself that such amendment is acceptable to a meaningful majority of the people affected.

The most important section i our constitution which insures that the UK government can discharge its obligations to Bermuda is Section 62 which says that the UK government is responsible for four things as follows:

(1) External Affairs

This means that the Bermuda government cabinet does not have responsibility for external affairs. Thus if any of the following should happen, namely:

- the Bermuda government should wish to talk to the US government about cleaning up pollution at its former military bases, or

- the Portuguese or Philippine government should wish to be assured that its nationals enjoy minimum employment rights in Bermuda, or

- the Bermuda government wishes its students to have access to US or Canadian educational facilities, or

- the Bermuda government wanted to form alliances with some foreign entity such as Communist Cuba or Caricom,

then it would be wrong for the Bermuda government to attempt to deal other than through the UK government, which in practice means the Governor of Bermuda.

(2) Defence, including armed forces.

This means that in what now appears to be the unlikely event of Bermuda coming under attack by a hostile power then the UK government would defend us. It also means that the Bermuda Regiment is responsible to the UK government and not to the Bermuda government.

(3) Internal Security

this means that if the Bermuda government is unable to maintain law and order the UK government has an obligation to do so. An instance arose in 1977 when the Gibbons government insisted - against the wishes of the UK government and the people of Bermuda - in hanging two criminals which caused more loss of life and property damage than any other event in Bermuda's history. the Bermuda government asked the British government for help and British troops arrived and law and order was restored

This obligation ensures that governments in Overseas Territories change by lawful means - not revolutions - and ensures that the government of the time retains power.

(4) The Police

This means that the Bermuda Police Force is responsible to the UK government and not to the Bermuda government.

Apart from the foregoing the Governor has many other important functions such as the final say in appointments of persons to such offices as Chief Justice and Attorney General (DDP) and Auditor. The reasons justifying these appointments not being under the control of the executive areobvious and should such discretionary powers be taken from the Governor, Bermuda would be on the road to join most of the other former colonies of Britain and the former colonies of other European powers where democracy is now unknown.

In 1966 I happened to be on a train going from Agra to Delhi when war broke out between India and Pakistan over Kashmir and Delhi was bombed. All international flights were diverted elsewhere and the airport closed indefinitely.

I found it comforting to go to the British Embassy where I was assured they would do what they could to assist and would note my whereabouts in the event of mishap.

Any Bermudian in trouble in any foreign country today could find the same comfort.

There are other advantages in our present constitutional position such as having the UK government speak for us should we wish to be heard in such international organisations as the UN and EEC and the myriad of other organisations such as IATA without us having the expense of joining.

Our Governor Sir John Vereker recently made an excellent speech in which he highlighted some of the dangers threatening the free world with the progress of globalisation and in particular Bermuda's susceptibility to the scourges of money laundering and drug trafficking and terrorism. The reactions of the Premier and the Leader of the Opposition to this speech were inappropriate and embarrassing.

The UK government has made it abundantly clear that it must have unfettered discretion in the exercise of all of the powers which it has enshrined in our Constitution to enable it to discharge its responsibilities and if the Bermuda government wishes to interfere in its exercise of these powers then it will have to convince the UK government that a meaningful majority of the people of Bermuda wish to sever all ties with the UK.

It would be prudent for the people of Bermuda in considering whether we should take this step to consider the two following quotations:

From Shakespeare:

“The friends thou hast, and their adoption ried,

Grapple them to thy soul with hoops of steel.”

From the Bible:

“Forsake not an old friend; for the new is not comparable to him; a new friend is a new wine - when it is old thou shalt drink it with pleasure.”

WILLIAM M. COX

Devonshire

William Cox was a United Bermuda Party MP for Devonshire South from 1968 to 1976 and 1980 to 1993.

Spirit of Bermuda

December 5, 2003

Dear Sir,

2 Corinthians 9:8 “And God is able to make all grace abound to you, so that in all things at all times, having all that you need, you will abound in every good work.”

Hurricane Fabian may have hit Bermudians hard, but it did not dampen their spirit of giving. On Friday, November 14 and Saturday November 15, The Matilda Smith Williams Seniors' Residence held its Annual Tag Days. Through the generous giving of the public, we were able to raise approximately $13,000.00.

The Fundraising Committee first gives thanks to God for this blessing. We then send a special Thank You to you, the public, for generously giving to the Home. To all who supported the Residence by selling tags, we greatly appreciate your assistance and look forward to your help next year.

IANTHIA EVEN (MRS .)

For the Fund Raising Committee

Chief Justice battle absurd

December 8, 2003

Dear Sir,

With respect to the issue, ‘the Appointment of Bermuda's Chief Justice.' All I have to say on that matter Mr. Editor is that the absurdity of the British Appointed Governor, Governor Vereker's suggestion becomes painfully obvious, even to him, one would hope, when the opposite suggestion is made, namely, that the British Lord Chancellor should be Appointed by Bermudians.

Governor Vereker's suggestion is not only absurd but can be construed as racist. His behaviour only confirms to us that it is time for Bermudians to govern themselves.

Independence Bermuda - let's govern our selves wholeheartedly and get rid of meddling British appointed Governors forever.

DR. AMENEMHET TAMERRY

Pembroke

Let civil prisoners out

December 6, 2003

Dear Sir,

I've read as recently as Wednesday, December 3, 2003 about the prison being overcrowded. Just a suggestion, why don't the Commissioner of Prison, Mr. John Prescod let the civil cases out. Those that are incarcerated for child support let them out if they have served a month out of three. Those that are incarcerated for other civil matters that have six months, if they have two out of six let them go. Just let the civils go it will cut down on over crowding.

JUST SUGGESTING

Devonshire

Youth should sail

December 6, 2003

Dear Sir,

I missed Hurricane Fabian because I was abroad and therefore examined pictures of the clean-up with much interest. I was particularly pleased to see pictures of soldiers of the Bermuda Regiment patrolling in boats. This is an excellent extension of the training for our soldiers.

I have always felt educationally deprived because, though surrounded by water in Bermuda most of my life, I have never learned to sail.

I have wondered if lack of contact while a child prevented the flourishing of this latent desire. I have no one but myself to blame, of course, for not learning after I became an adult.

There is much talk about youth having nothing to do in Bermuda, and perhaps every boy or girl will not have my latent desire.

My hope is, nonetheless, that this desire will be encouraged to flourish in our school children by the provision of several small boats in every primary school in Bermuda.

The very good Sea cadet program always seemed to be far away from me and I would have liked something closer, and available on a m ore inclusive basis, with less of a commitment. Safety at sea, boating skills, and related subjects, such as Bermuda sailing history, should be a pert of an integrated programme that makes use of our most obvious natural resource.

The sea can be dangerous and there will be problems to be solved and risk to be avoided. We would need the help of volunteers from our boating communities to make such a plan work. I do think that it is altogether feasible and could provide a recreational out let which would be of lifelong value. I am beginning to think that I, too, may not be too old to learn!

BERTRAM GUISHARD

Contempt for the disabled

December 8, 2003

Dear Sir,

I write to make an official complaint via your newspaper about constant and deliberate contempt by some of the able-bodied toward those in Bermuda who are registered disabled - and can prove it with internationally accepted Disabled Persons Badges on their cars.

I refer specifically to November 19, 2003 from 6-8 p.m. when a Bermuda Stroke and Family Association meeting was anticipated and in session at KEMH. Those who attended included severely disabled persons with Disabled Persons

Badges clearly marked on their vehicles. But they were deprived of the opportunity to park at Handicapped or Disabled Parking Bays in front of and behind KEMH by the deliberate and contemptuous-to-the-disabled owners or drivers of cars with registration plates 03315, 05958, 06203 and 25783 who did not have such Disabled Persons Badges but parked in places clearly signed for the Handicapped Only.

In hope they will see fit to take appropriate action - as certainly happens overseas when such deliberate infringements occur against the registered disabled with current Disabled Persons Badges - I'm copying this to the National Office for Seniors and Disabled, Bermuda Physically Handicapped Association (BPHA), Police Service, TCD, Human Rights Commission Bermuda and Human Rights 001 in Canada.

All who are in possession of Disabled Parking Badges but who are prevented from parking in Handicapped or Disabled Parking bays by persons parked there illegally should call the Police, ask for a summons to be made out and also complain formally to all the above with a note of the time, date and registration number of the offender.

This abuse of the disabled by the non-disabled has got to stop and it is up to the disabled to take appropriate action. It's been noticed with great concern by American, Canadian and other visitors at the hospital and elsewhere who get up to six times the normal fines if they disobey Disabled or Handicapped Parking signs in their own countries, plus serious charges for Human and Civil Rights abuses. They expect similar penalties to be applied to offenders in Bermuda.

KEITH A. FORBES

Hamilton Parish

Regiment violates rights

December 8, 2003

Dear Sir,

John Gilbert's “get your facts right” letter of November 21, 2003 about the Bermuda Regiment was not factual in several respects.

“Sad Sack” was perfectly correct, not wrong as Mr. Gilbert alleges, in saying that “the press ganging of teenage males to become soldiers is against Human Rights in most countries.” I've seen the books referring to this myself, including once - some time ago - at the Bermuda National Library and more recently abroad.

I agree that the Regiment serves a useful function but all the usual stuff published when unwilling new recruits are forced to attend camp and many are routinely humiliated gives the Regiment a bad odour locally and internationally in my opinion. If it was all-volunteer, the overall impression could be an entirely different and superbly upbeat story.

And the stories I get from Scotland and the Regiment's brave show at the Edinburgh Tattoo is that once people there (where the British Army is all-volunteer and has been for over 40 years) found out the Regiment is mostly conscripted, that its fugitives are hunted down and imprisoned, the interest in the regiment soon faded.

What makes it worse is that even when Governor's Orders stipulate that only Bermudians should serve, the Defence Act apparently still orders non-Bermudians born in Bermuda to serve and/or makes parents or guardians liable - not the Regiment - to tell the Regiment that the non-Bermudians don't have to.

If true, then surely here is yet another Human Rights wrong as far as the Regiment is concerned. I know a number of people who left Bermuda 18 or so years ago with their sons, but whose sons were summoned to serve in the Regiment.

What an obscenely wrong process it is for non-nationals still here or most likely abroad to have to go to the time and trouble to let the Regiment know their sons are not eligible. My guess is that there are probably many non-Bermudians on the Regiment call-up list who are being summoned in a way that, in any other country, would violate their Human Rights.

I recommend that to be seen as squeaky clean in all respects both locally and internationally - and give the regiment the credit and all-good image the majority of its members most certainly deserve - it become both all-volunteer and immediately quit the nonsense mentioned above shown in the relevant Act.

KEITH A. FORBES

Hamilton Parish