Archive for November, 2010
What’s in a name?
Iconic names should not be replaced. They serve to remind us of our history and heritage, keep us rooted and, hey, if you are into the numbers, it’s also usually a very smart business decision. Well known brand names like Tortuga Club, Blue Horizon, Galleon Beach, Pedro Castle, Rum Point, Seaview, Cayman Turtle Farm, Matilda Corner, Caribbean Club, Welly’s Cool Spot, Smiths Barcadere, Miss Lassies, and Pageant Beach, just to name a few, are deeply ingrained in our collective memory.
We really must stop the total destruction of everything we have here, including the names of our long established and cherished places.
There seems to be some painful recognition of the value of these names as of late after costly mistakes, for example with the Turtle Farm being changed back after its ill fated time as Boatswains Beach. Other shrewd developers have maintained the name links even if the property has been redeveloped and bears little resemblance to the original, such as Morritt’s Tortuga Club, Seaview, and Caribbean Club.
With the Westin Casuarina Hotel now in financing problems, let’s hope that when they do get back on their feet, the owners, whoever they might be, reinstate the property as the (blank) Galleon Beach Hotel. There are just too many memories of these places to let the names be lost forever. As for the developer of the so called Watercolors (whoopee), please reconsider going back to something of the original name – say Beach Club 10 (for new height). It will serve you well … and there is no charge for my consultancy fee.
Hopefully, places like the Buccaneers Inn and Pageant Beach will one day also be re-born.
Electric cars no-go but 3 wheelers roll on out
(CNS): Although government has still not changed the law to allow any of the diverse range of modern electric cars on Cayman’s roads, electric three wheelers, with considerably less safety features, are legal. A recent advertisement on a local website for a 3 wheel Zap has served to highlight the anomaly in the country’s road laws. The Zap has been approved by the Cayman Islands government because it is classified as a tricycle or motorcycle. However, electric cars with all their wheels as well as green credentials, which are in some cases almost indistinguishable from regular vehicles, are still a no-go. (Photos: Left a Fisker HT is not allowed on Cayman’s roads while the Zap shown below is)
The Zebra Sedan which is currently being advertised on Ecay-online has a top speed of 40 mph and no airbags, which is why it cannot be sold in the US or Canada, but it is legal here and can be 
driven on all of the country’s roads.
Despite the fact that a number of dealers and drivers in Cayman have been lobbying for years to get government to sanction four wheel electric cars on Cayman’s roads, which are increasingly difficult to differentiate between theregular gas guzzling cars that currently clog Cayman’s highways, the government has still not passed the necessary laws.
John Felder of Cayman Automotive, who has been campaigning for more than four years, has virtually abandoned his plans to sell the latest electric vehicles in Cayman and turned his attention to Bermuda and Jamaica, where legislation was approved last year to allow the use of electric cars on their roads. Felder had been poised to establish the first charging stations for electric the vehicles here. However, he recently told CNS that, given the lack of political will to start the green revolution on Cayman’s roads, he was concentrating on selling electric vehicles where green cars were being taking seriously.
Although he is not giving up on Cayman’s law makers eventually doing the right thing, he said Bermuda was poised to become the model for the Caribbean when it comes to electric vehicles — which could have been Cayman.
Government told CNS in July that it was ready to bring the necessary legislation to the Legislative Assembly in September but it recently revealed that it would now be sometime in 2011 before the traffic law would be amended.
Although people often associate electric vehicles simply with Neighbourhood Electric Vehicles, which look like golf carts, the reality is that electric cars have a come a long way. There are new classifications of electric vehicles with a top speed of over 40mph and many have airbags, A/C, and meet NIHTSA crash test safety standards. The new Fisker HT, which will be available in Cayman next year (even if it can’t drive on the roads) looks a lot more like a racing car than a golf cart and can go from 0-60mph in less than 6 seconds. With no gas, no oil and no pollution, it is truly part of the green revolution which, so far, Cayman is failing to embrace.
Count extended for refusers
(CNS): Although the country’s census workers hadmanaged to reach 90 percent of the population of the Cayman Islands by the time the 2010 national count officially ended yesterday, the ESO has decided to extend the census for two more weeks. As a result of a number of people who have refused to answer and a few who have been away, workers will be revisiting several households. Census Manager Elizabeth Talbert told CNS that the ESO has never before filed charges against anyone for non-compliance, and would prefer not to have to do so. She said she hoped the remaining two weeks would give the people chance to reconsider and comply with the law.
“We are willing to send a different enumerator to them if their refusal is based on the personality of the enumerator that was assigned to their area, or we could arrange to have them fill in the form themselves and submit it directly to the ESO if their concern is confidentiality,” Talbert said hoping to encourage the last remaining households to join in. “We are hoping that this final appeal will encourage the non-respondents to comply.”
She said anyone who had not yet taken part could call the Census Office in their respective area and arrangements will be made to get them enumerated. Census workers will now be returning to all of the households that have refused to cooperate as well as those that have been away. “The overall response has been really very good, but we must reach everyone,” Talbert added.
The count began on 10/10/10 with the goal of counting 100 percent of the islands’ households and as close to 100 percent participation in the actual census as possible. The ESO was at pains to emphasize the confidentiality of the count and the increase in penalties for any breach of confidentiality, as well as the extensive training the 300 enumerators had undergone before the census began.
District Census Offices are open Monday-Saturday 8:30am-8 pm.
George Town: Paddington Place, 946-5107 (Daisylyn Chin or Selburn Christian)
West Bay: Centennial Towers, 914-7864 (Nicole Emmanuel-Jones or Theodore Thompson)
Eastern Districts: Countryside Shopping Village, 949-9229 (Adolphus Laidlow or Michael Godfrey)
Cayman Brac and Little Cayman: 948-0940 (Chevala Burke).
Local fund business boosted by major acquisition
(CNS): As Cayman’s fund sector rebounds from a worrying trend of relocations the industry has received a further boost with the purchase by the world’s largest independent fund administrator of its competitor’s operations in the Cayman Islands. Wells Fargo has sold its Cayman Islands-based trust company to Citco for an undisclosed amount which the firm says will be integrated into it private client portfolio at its Cayman HQ. The news comes just after the most recent figures revealed that at the end of the third quarter funds in Cayman had surpassed 9500.
Citco confident in Cayman
(CNS): Citco, the world’s largest independent fund administrator, has bought a competitor’s operation in the Cayman Islands showing confidence in the jurisdiction at a time when the country’s popularity is rebounding after a worrying trend of fund relocations. Wells Fargo has sold its Cayman Islands-based trust company to Citco for an undisclosed amount. The American bank’s portfolio will be integrated into Citco’s private client portfolio, the firm revealed, and serviced out of its Cayman Islands headquarters. Robert Thomas, managing director of Citco Trustees (Cayman) Limited, said the firm was pleased to have completed this strategic acquisition which he said would significantly expand and enhance Citco’s private client business in the jurisdiction.
“Our unique business model provides clients with access to the trustee services of highly trained and specialized legal professionals, as well as administrators. We look forward to working closely with our new clients to deliver the highest level of service,” Thomas added in a release from the firm.
Although Cayman saw a wave of funds relocating to jurisdictions such as Dublin and Luxembourg with fund registrations falling from 9,231 at the end of 2008 to 8,944 a year later, the trend is now reversing. Figures from CIMA this month showed that at the end of September mutual funds registered in the domicile had risen to 9,024 and all funds were at a promising high of 9,594.
Recently Mark Lewis managing partner at Walkers said registrations were are growing at some 60 funds a month (100 new against 40 closures). “We can be confident now that we are likely to see the high mark of 10,000 registered funds in Cayman passed again early next year,” Lewis told CNS.
The news of Citco’s purchase comes on the heels of news fromEurope that the Alternative Investment Fund Managers Directive will allow for the distribution of non-EU funds to professional investors in the EU through both a private-placement regime and a passport system. The private-placement regime, which has been the traditional method of distribution in the EU for non-EU funds, will remain in place at least until 2018. It is proposed that this regime will transition in 2015 to allow full access to an EU passport marketing regime to non-EU funds on the same terms as EU funds. EU funds will become eligible for a passport in 2013.
"The confirmation that non-EU fund managers will be able to continue marketing Cayman Islands, BVI and Jersey funds to professional European investors is excellent news for the industry," Rod Palmer, partner and Global Head of Investment Funds with Walkers said recently.
Despite perceptions that other jurisdictions may be safer Jennifer Thomson, partner said that Cayman had a long history of working with regulators worldwide and has a strong regulatory framework.
Ministry breaks FOI law
(CNS): The information commissioner recently made her first ruling over a government ministry that broke the Freedom of Information law after it failed to follow the proper process. The Ministry of Community Affairs, Gender and Housing made a decision not to handle an application made by CNS about the minister’s expenses and benefits as an FOI request and simply ignored it, replying in an unofficial email some 60 days after the FOI was submitted. In her ruling Jennifer Dilbert said the seriousness of this failing and the way the request was treated was “of paramount importance”. She said it represented a total disregard for the law and processes and a “trampling of an applicant’s rights” to have a request handled properly.
On 11 August CNS made an FOI request for a breakdown of expenses and benefits received by ministers over and above their official salary and benefits package and their MLA’s office allowance. With the exception of the information manager at the Health Ministry, who followed the letter of the law and responded fully well within all the deadlines, four of the ministries failed to comply with the ten day deadline to acknowledge the request and also missed the 30 day deadline to respond.
Following CNS’s attempts at chasing the various missing FOI requests, the information manager at the Community Affairs Ministry went a step further in disregarding the FOI law when she told CNS via email on 1 November that she had decided not to treat the application under that law at all, despite the fact that the request was headed as such. She said in her email, however, that she had found the minister did not receive any benefits.
Having copied the information commissioner in on the correspondence with the public authorities involved, Jennifer Dilbert began investigations into the request late October and found formally that the ministry had indeed contravened the law by answering the request outside its parameters.
The ministry told the commissioner that during FOI training managers learned that even if a request is marked as FOI it does not mean that it is to be treated as one and that is what the IM had decided to do. By ignoring the fact that this was a formal FOI request the ministry failed to correspond with CNS and then took 60 days to answer the question, and had only done so after prompting, well outside the law’s timeframe. The ministry also decided that the email was the end of the matter, despite not having provided proper reasons for not supplying the information, advising of the right to seek an Internal Review or to appeal to the Information Commissioner.
Dilbert said that several areas of the FOI law had been contravened by the public authority during the process and that the ministry had also suggested that the request was a vexatious one. However, the ICO found that CNS was merely requesting a response, as entitled under the law, and there was not sufficient evidence to support the claim of vexatiousness.
“The seriousness of this failing, and the treatment of a legitimate request in this matter, is of paramount importance,” Dilbert said in her ruling. “It represents a total disregard for the Law and processes, the objects of the Law, and a trampling of the Applicant’s rights to have a FOI request handled as required under the Law.”
Although IMs are encouraged in the regular training provided by the FOI Unit of Government, to not necessarily treat all request as FOIs, she explained this is when the entity intends to supply the information immediately in full. “However, in no way must this be interpreted to mean that a request can be handled in an arbitrary manner, with no regard for mandated timeframes and accountability as required under the FOI Law. FOI Unit training is clear in this regard,” Dilbert explained in the first ruling of its kind.
The PA failed to comply with sections 6(1), 7(3)(b), 7(4)(b) and 7(5) of the Freedom of Information Law, 2007 and regulation 21 of the Freedom of Information (General) Regulations.
“It is unconscionable, and in clear contravention of its statutory obligations … for a public authority to hide its records and information behind mere semantics,” the information commissioner said in her ruling. “A better course of action would be for a public authority to communicate at an early stage with the Applicant and assist in determining what information is sought, and which record would best document that information.”
Following this investigation the info boss also investigated the Ministry of Finance which had been sent the same FOI request regarding ministerial benefits and expenses on the same datebut had simply failed to acknowledge the request at all. On the 11 November Dilbert issued the Ministry of Finance, Tourism and Development with an order to respond to the FOI request within ten days. The public authority finally issued its response letter to CNS via email on Friday — 102 days after the request.
With four of the five ministries now having responded, District Administration remains the only public authority which has still not supplied a final response, although the ministry has been in correspondence with CNS and has requested more time.
Check back to CNS later this week for the details of the responses from the five ministries.
Worlds biggest cruise ship wins by two inches
(CNS): Royal Caribbean has outdone itself with the launch of an even bigger ship than the Oasis of the Seas. The largest cruise ship now afloat is her sister ship, Allure of the Seas, which is two inches bigger that the Oasis, according to a release from the cruise company. “The laser measurements said there was a difference of two inches,” said Royal Caribbean Cruises Executive Vice President of Maritime Harry Kulovaara. Besides being just a smidgen longer than Oasis, Allure also has some other features her sister does not including seven types of hot dogs at the Boardwalk doghouse, two specifically for New Yorkers. Although the ship will be cruising in both the eastern and western Caribbean Grand Cayman is not on the planned itinerary yet.
Constructed from 180 large steel blocks, the dimensions of Allure are staggering – carrying more than 6,200 passengers when fully booked. It has 50 elevators, an 18-foot deep pool and 56 trees growing in an area called Central Park.
The official naming ceremony for Allure of the Seas will take place on 28 November during a one-night inaugural fundraising cruise to benefit the United Way chapters of Miami-Dade and Broward counties and Royal Caribbean Cruise Lines Haiti Fund, among other charities.
The first paying guests will join Allure of the Seas on 1 December 2010 when the ship begins offering cruises in the Caribbean for the first time.
Allure of the Seas is 1,187 feet long it has 17 different bars, over 20 restaurants and cafes including the first Starbucks at sea, two rock climbing walls, two FlowRider surf simulators, a zip wire, the Broadway hit Chicago: The Musical, a 3D movie theater, DreamWorks Animation activities and shows and even an large amphitheatre outdoor AquaTheater for high diver performances and water shows.
Overseas investors return to City of London
(FT.Com): Overseas investors are moving back into the UK financial services sector, easing fears that London is losing its lustre as an international centre for the industry. Foreign-owned businesses accounted for 9.1 per cent of new authorisations by the Financial Services Authority in the first half of 2010, according to data compiled by IMAS corporate finance advisers. That is up 40 per cent from 2009, when foreign-owned companies accounted for 6.5 per cent of new authorisations, as financial services groups worldwide struggled in the aftermath of the financial crisis. The survey is likely to bolster claims that London remains a crucial centre for the financial services industry. This is in spite of a crackdown on banker’s pay and a 50 per cent top rate of personal income tax.
Killers present grounds of appeal
(CNS): The two men accused of killing Estella Scott-Roberts, between them put nine grounds of appeal before the Cayman Islands Court of Appeal on Monday that they say make their convictions unsafe. Both men are appealing the murder convictions handed down to them by the Chief Justice, Anthony Smellie in February of this year. Kirkland Henry claims in his appeal case that the trial judge misdirected himself twice and erred in judgment four times in the ruling against him. Larry Ricketts, meanwhile, has suggested the judge got it wrong in his case on three different aspects. The two men were both represented by lead defence attorneys from the UK as the appeal opened on Monday morning. (Photo courtesy Cayman 27)
Ian Bourne QC, took the stand first to make the appeal for his client Henry who had pleaded guilty to rape, robbery and abduction but claimed that the murderer was his accomplice Ricketts and he had never contemplated or took part in the killing of Scott-Roberts.
In a full day of argument Bourne suggested that in his verdict against his client the chief justice had made several errors. He said the judge had failed to direct himself in the correct way when it came to the lies Henry had first told to the police about why he had Scott-Roberts’ phone before he admitted he was involved in the crime. Bourne suggested that the judge had concluded that because he lied about that Henry had also therefore lied about his claim that he had not been involved in the actual murder.
The defence attorney also said that the chief justice had not considered Henry’s previous good character before the night in question and there was no mention in his ruling that he gave any consideration to the fact that as someone who had not committed a crime before he could be capable of telling the truth.
Bourne went on to argue that judge had erred in his conclusions that Henry was guilty of murder because it was a joint criminal enterprise from which he did not withdraw. The UK defence counsel made the case that there was no evidence in the trial that Henry had entered into a joint enterprise where the intention was ever murder and that there was no evidence that his client was not being truthful when he said in his statement that he had withdrawn from the crime when Ricketts went to commit the act of murder.
As he had argued during the murder trial earlier this year Bourne once again said that his client had not contemplated the act of murder, had not committed it and had withdrawn from the crime when his accomplice killed their victim.
Bourne also argued that the judge was incorrect in his ruling when he concluded that Henry’s statement to the police was self serving. Bourne claimed that the account Henry gave of the crime was truthful, giving police information that they could not have known and was far from self serving but extremely incriminating when it came tot he rest of the crime.
Following the conclusion of Henry’s appeal against the murder conviction Robert Fortune QC will argue the case for his client Ricketts tomorrow morning (Tuesday 22 November). Fortune, whose client denied being at the scene is expected to argue that again the chief justice has not considered the possibility that his client could have been telling the truth on the basis that he had no previous convictions. He will also raise the issue that the judge has not given due consideration to Rickets claim that the interview given to police was not a voluntary statement made by the defendant but one that the police concocted. Fortune is expected to argue on his third ground that the judge also failed to consider cell phone evidence that suggests Ricketts could not have been where the crown claim he was.
Following the submissions by the two defence QCs, the solicitor general, Cheryl Richards QC will offer her submissions in defence of the conviction before the three appeal court judges will had down their verdict on the safety or otherwise of the convictions.
Government hires workers for Christmas clean-up
(CNS): Despite the major cuts being ordered across most public sector departments the government will be paying temporary workers to conduct another Christmas clean-up. Some 800 people are expected to be given work over the next four weeks cleaning up public areas and road sides. The project begins on Wednesday after government has reportedly found and earmarked $1million in funding to give the unemployed work and clean up the island for the holiday period. Back bench government MLA Elio Solomon told Cayman 27 that the majority of districts would be part of the clean up and the focus would be mostly on the coastal areas.
The four weeks of work given to the unemployed for the Christmas clean up will end on 17 December but Solomon has statedthat he is looking for further funding to do another clean up in the new year.
As was the case during last year’s clean up many people showed up for the selection on Monday morning but not all of them got work.