Public Forum
A View of Distinction onthe White Paper
By W. S. Walker
Editor's Note:
Despite the original fears that the Mutual Legal AssistanceTreaty (MLAT) which was adopted by the Cayman Islands in 1984was not in the best interest of economic growth, it has come topass that this legislation moved the Cayman Islands to the enviableposition as the fifth largest banking centre in the world.
A prime supporter of MLAT was W. S. (Bill) Walker. Thereis also little doubt that Mr. Walker's determination for 'goodorder' has been essential in influencing very important legislationwhich will affect the respected relationship the Cayman Islandshas garnered from some of the world's largest corporations - theUK Government, and our own.
An example of his commitment, is the fact that of his CaledonianBank and Trust which has a compliment of 60 employees - 50 areCaymanians.
Cayman Net News invited Mr. Walker for a comment in connectionwith the White Paper, which has been circulated for public response.
The following is a copy of his Memorandum which was submittedto the Chairman of the Select Committee on this very importantissue:
May 1, 2000
The Chairman
The Select Committee on the Overseas Territories Review
Legislative Assembly
PO Box 890
George town
Grand Cayman
Dear Sir
Re: UK White Paper on Overseas Territories
Resulting from the invitation of the Government I make thefollowing submissions concerning the United Kingdom White Paper'Partnership for Progress and Prosperity Britain and theOverseas Territories'.
1. Modern Partnership
I do not think that there is anything controversial in thisand it is my hope that all Caymanians will agree with the viewsexpressed. In my opinion Cayman must not under any circumstancesgo indepndent as it would achieve nothing internationally, sinceboth the OECD and United States Government (who are the main moversof the current initiatives affecting offshore jurisdictions) donot distinguish between dependent and independent countries. Independencewould ruin our international reputation, could devastate our financialindustry and severely damage foreign investment which would wreckour economic stability and cause the Cayman Islands Dollar tocollapse. It is encouraging that Britain is prepared to enterinto a Partnership with us for the future. However, as in thecase of all partnerships, there are obligations on both sides,but provided we do our part I feel that the long term relationshipwill be excellent.
2. Citizenship
I consider the offer of British Citizenship to Caymanians tobe a very generous offer on the part of the British Governmentand I support it wholehearedly and feel that when its merits arerealised it will be accepted by the great majority of Caymanians.Unfortunately there has been considerable misinformation circulatedthroughout the Island concerning this proposal and much of itpropagated by British Expats probably out of resentment that theoffer is not reciprocal, in that Caymanians will have the rightto live and work in the United Kingdom but British Citizens whodo not have Caymanian Status or Residency will require work permitsto live and work in Cayman. These rumours, which are primarilyto the effect that by accepting British Citizenship, Caymanianswill lay themselves open to liability for British taxes but eveninclude that Caymanians would become liable to conscription inthe British Armed Forces, have been circulated by a number ofeducated British residents including two well known lawyers. Unfortunately,they have been believed by many Caymanians and have prejudicedCaymanians against the British offer.
Once the true position of British Citizenship is realised bythe Caymanians, I feel it will have overwhelming support as itis in fact merely a reversion to the old Status of Citizen ofthe United Kingdom and Colonies formally held by Caymanians. Isupport it wholeheartedly.
3. Good Governance Human Right (Changes in lawlegalising homosexuality)
While undoubtedly laws against homosexuality can, in certaincircumstances be classed as discriminatory, they reflect a viewdeeply held by religious people in the Cayman Islands and stronglyadvocated by the local churches, (although these sometimes seemto have lost the true Christian spirit). I am in favour of abolitionof illegality of homosexual acts but feel that we must ensurethat the new legislation completely restricts these acts to consentingadults in private. I feel it is most important the the legislationprohibits public display and prohibits public support of homosexuality.All that should be removed is the criminal sanction. I also feelit is important that the age of consent be 19 (not 18) in orderto prevent homosexuality becoming accepted in schools.
4. Good Goveranance Finance
I completely support the British Government initiative thatthe financial sector in the Cayman Islands must be properly regulatedand adhere to all international standards of regulations and bestpractice and the Monetary Authority should be independent of politics.I would support any amendements in the law to achieve this result.It is good news that Britain has refused to introduce With-holdingTax as to do so could have damaged our financial industry. Asregards to tax issues, exchange of information for tax purposesis an (Organization for Economic Corporation and Development)OECD - a world body consisting of 29 countries - to be consideredby government in that context.
As regards borrowing practices, I feel that it is critical thatthe guidelines be strengthened to ensure proper Government borrowingwithin established limits and restricted to discrete capital investmentprojects as suggested in the White Paper.
5. Good Goverance Combating drug trafficking and drugsrelated crime
Cayman is to be congratulated on their leadership in this fieldand it is good to see that the British Government share the samephilosophy and appreciate our efforts.
6. Sustainable Development Economic & Social
Not directly applicable to Cayman.
7. Sustainable Development The Environment
All Caymanians will, I hope, agree with this. This is a mostimportant aspect of Cayman's development as protection of theenvironment is critical to the maintenance of the high qualityof our tourism industry particularly the diving industry presentlyrated the second best in the world. Preservation of our centralmangroves is essential if our reefs, the clarity of our waterand continuance of our fishing and lobster industries are to beprotected.
8. Immigration
Our most important matter not mentioned in the White Paper(although it may arise as a result of British Citizenship) isthe need for tighter control of immigration. It would be enlighteningto see the statistics as to what percentage of juveniles convictedof crimes have at least one non-Caymanian parent.
The Writer
W.S. (Bill) Walker is a British Citizen and British DependentTerritories Citizen and holds Caymanian Status as of right. Hewas born in Guyana and brought up as a child there and partlyin Barbados. He attended Cambridge University in Britain, calledto the English Bar and did post-graduate commercial and businessstudy in Geneva, Switzerland. He then lived in Canada for tenyears and moved to the Cayman Islands 36 years ago. His fatherwas born in England and his mother's family were from Barbadoswhere they had lived since 1690.
On moving to Cayman he founded W.S. Walker & Company (nowWalkers) Attorney-at-Law in 1964 and Caledonian Bank & TrustLimited (Cayhaven Corporate Services Ltd.) in 1970. He retiredfrom Walkers in October 1999 and continues as Chairman, Directorand controlling shareholder of Caledonian. Two of his three childrenlive in Cayman and one of these, who is also a lawyer and workingfor Celedonian Bank & Trust Limited, has recently been approvedas a Director and shareholder of Caledonian by Government.
Mr. Walker is also a founder, Director and shareholder of BritishCaymanian Insurance Company Ltd and a founder and past presidentof both the Cayman Islands Chamber of Commerce and the CaymanIslands Law Society. Government appointments include; Past Chairmanof the Planning Appeals tribunal, Chairman of the Portfolio ofFinance Secretariat on OECD, European Union and United Nationsmatters, a member of the Financial Secretary's Advisory Counciland member of the Tourism Attraction Board.
Letter to the Editor:
Dear Sir;
In respect of the article which appearedin the Friday 28th April, 2000 edition of another local newspaper,it would be interesting to know the details of the Planning AppealTribunal's decision in the Rtiz Carlton case.
While I do not necessarily support the developmentof the Rtiz Carlton, it is my understanding that the Tribunalfound that the parties involved have complied with the legislatedrequirements under the relevant laws. If this is the case, thenI feel it is only right that we, the public, be informed correctlyand comprehensively of the facts surrounding this. I am afraidthat the article which appeared in that newspaper was not comprehensivein its coverage.
I fully understand the desire and the needto manage the development of our island, and the need for propergrowth management, but in doing so, we must be consistent andadhere to the legislation and rules which are in place. We willlikely do ourselves more harm if we are not careful and precisein the manner in which we deal with such development.
If in fact the Ryan Group has fulfilledthe requirements as set out in our planning laws, then maybe thoseof us who are not content with this ruling should lobby to haveour legislation concerning similar matters amended. Developersshould not be made to suffer once they have complied with thelaws enacted by our elected representatives.
This incident will hopefully serve as anotherexample of why we should not only register to vote but actuallyexercise that right in order to have a say in all aspects of thefuture of the Cayman Islands.
In order to debate the merit of the Tribunal'sruling, I believe it is important that we be given as much informationas legally possible, so that the populance can make an informeddecision.
I believe it is only through an open andfree flow of information that one can assess the matter and drawone's own educated conclusion. I hope this lette will encouragean honest and open flow of information from all parties concerned.
I am certainly one member of the Caymanianpublic who would like to see a more comprehensive report of whythe Tribunal decided that the Central Planning Authority was NOTflawed or uncreasonable in its decision-making process.
Darcy Solomon