Morning Spice by Ginger
High price of vegetables

Nobody would deny that vegetables that played a somewhat humble role in the family larder are making rather heavy inroads into Citizen Perera’s budget. Price fixing may be one of the factors but there are evidently other reasons for the current prices. There may be genuine shortfall due to the prolonged drought. El Nino may have ruined the crops. Ginger remembers that at about this time year last year mango tree at home was laden with fruit and you took the risk of a fruit landing on your nut by walking under it. This season he has yet to see a fruit on the tree. This means that the weather could have affected other crops as well.

There are other reasons as well. Vegetables are planted by the small timer. Some have diversified, while others have even reduced the area under cultivation in order to work on projects closer to their home. Now could the C. W. E. or some similar organization step into the breach and lease out large areas from the state for the purpose of cultivating fruit and vegetables? With the application of scientific methods of cultivation and the advantages of the economies of scale it would be able to retail produce much cheaper. It would eliminate the middle man altogether. Certain safeguards and incentives would be necessary, little would be lost in going into the feasibility of such a project.

The Pill
Now this may be vested interests but the news is good. There may be the more old fashioned who may say it could lead to permissiveness but that word has hardly any meaning now. Sex, most people say is just a part of life. The problem starts when this years fun sends you shopping for a pram the next year.

The trouble is that pregnancy leads to single parenthood in many instances and this may not be the best thing for the child. In other instances young parents cannot afford a child. The pill was the most convenient preventive going but there were certain fears that it could give the mother cancer in later life. Now a comprehensive study has revealed that no matter how long you take birth control pills there no increased risk of getting breast cancer late in life when you go off the pill.

Historic battleship
A historic battleship that will be remembered for the role it played in 1945 will be making its final journey to end its nautical career. The USS Missouri now old and tired will make her last voyage from Bremerton to Hawaii. This 1000ft battleship was the vessel on the Japanese surrender was hosted which put an end to world war II.

After the ship reaches Hawaii it will serve a totally different purpose to the one she did all this while. Her gun turrets will not belch fire at other ships at sea but will after its one month voyage to Pearl Harbour be used for a more mentally stimulating purpose. It will be a floating museum.

Foreign migration lawyers - is there a need for them?

There has been, in the past few months, much interest in the media both press and television on the topic of foreign migration advisers and of the alleged deceptions associated in this specialised field. Much of the controversy surrounds the claims alleged to have been made by several victims of unscrupulous foreign lawyers and consultants, who represent themselves as being versed in immigration law of a country other than that of Sri Lanka, that the services provided by such foreign migration lawyers or specialist consultants are unnecessary and fraught with danger.

Whilst there is an obvious need to ensure propriety in all aspects of services which affect society, it is most unsettling when an issue is not dealt with comprehensively or in a mature fashion. In the end the loser is the common man, who is left oblivious of the truth.

"Why does anyone need advice from foreign lawyers or consultants in order to migrate to another country?" The answer to the question, quite simply put - "because Sri Lankan residents are unaware of the pitfalls associated with the complicated migration laws and procedures of other countries and the respective high commissions and embassies do not think it fit to employ a consultant to provide the relevant information to Sri Lankans with or without a fee". It is as simple as that.

Then what of the claims that Sri Lankans are equal to the task and are vested with the knowledge and authority required to assess and assist the lodgement of an application to migrate to another country? Migration law and procedure are governed by the domestic laws of each State. In fact, in most countries it is an offence for a person who is not registered with the relevant regulatory body (Migration Agents Board) of such country to provide legal advice on immigration matters to applicants. It is not possible for a Sri Lankan attorney-at-law with training and experience in local laws to provide expert advice on foreign laws and procedures, unless he is a registered legal practitioner (specialised in immigration law) in that particular country and has vast experience in this field.

Not even knowledge of International Law would suffice. Immigration Law is a specialised area of law, more so than other areas, since its application is purely domestic. Therefore, Sri Lankan lawyers may only provide a very basic assessment to the client for to act otherwise would be in contravention of foreign laws! It is an accepted fact that our laws do not prohibit a foreign lawyer from providing legal advice to a client in Sri Lanka. Therefore, whilst it is not unlawful for a foreign lawyer to advise a Sri Lankan client, it may well be unwise to obtain advise from a Sri Lankan who is inexperienced in a field which requires specialisation.

A prospective applicant therefore seeks assistance from foreign sources for several reasons, namely:

1. To complete application forms sometimes over 15 pages in length. Many applicants are unable to understand the complicated questions asked in English or other foreign language. Where a minor error may result in an adverse decision being given by the relevant immigration department of the foreign country, such assistance is vital.

2. To obtain a professional/expert assessment of the applicant's chances prior to formal lodgement of the application. The official lodgement entails extremely high application fees charged by the High Commission or Embassy in Sri Lanka, which are non-refundable. The prior assessment therefore saves the applicant the application fees. Most times the initial assessment is free. Furthermore, the charges, if any, levied by the foreign consultant or lawyer for this initial assessment may be fully or partially refundable. What should be noted is that the initial assessment charge, if any, will only be a fraction of what the official application fee would have been.

3. To lodge the application form on behalf of the applicant with an endorsement, sometimes strengthening the application since the case officer of the foreign immigration department will be aware of the preliminary assessments usually done by the law firm. The reputation and experience of the foreign law firm will go a long way here and may tacitly induce a fair evaluation in the least.

4. To liaise with the relevant immigration department to keep abreast of developments regarding the application.

Legal practise, as in other professions, entail fees. A lawyer's fees accrues from the advise he offers to his or her client on a matter which the client has been confronted with or is likely to confront and/or other services provided in respect thereof. What we must not lose sight of is, notwithstanding the nationality of the lawyer, when a client requests the assistance of legal counsel in a matter relating to immigration, he/she must be prepared to accept that:

1. the information/assistance requested is of a professional nature requiring skill and knowledge of a specialised area, therefore the opinion obtained must of necessity have a fair probability of success as well as failure, as in the case of any other professional services;

2. such assistance/ professional service will naturally attract fees;

3. a considerable period of time is taken by the immigration departments of foreign countries to process applications in order to thoroughly examine all documentation (mainly due to incorrect information frequently provided by applicants) and hence, the applicant will have to patiently await his/her fate for as much as one year or longer. The foreign Counsel will not be able to expedite this procedure;

4. the final decision is that of the immigration department of the country concerned and it is not possible for any undue influence to be asserted by an independent advisor.

The prospective applicant must not be perturbed if the initial assessment given by the foreign Counsel is a negative one or if a nominal fee is charged for such assessment prior to lodgement. As explained above, the applicant approaches the foreign Counsel for advise on what he does not know or is unsure of and must be prepared to accept what is given and pay a fee for it. No one can claim to have been unduly induced in these circumstances unless there is an element of fraud. When one visits a doctor with a stomach pain fearing the worse, and if the doctor prescribes drugs and charges a fee for a few minutes of consultation, one does not complain. Likewise, one must be prepared to pay for what one gets, in this case, legal advice.

Where then does the common man stand? Does he have any choice? Yes, he does. There are several steps that a prudent applicant could take prior to investing his/her monies with strangers:

1. The applicant should investigate the identity, credentials and authority of the person who will be his/her legal counsel in a matter of such material importance. This can easily be done with assistance of the respective High Commission or Embassy, or directly with the relevant regulatory body within the country of the counsel's origin, usually the Law Society or Bar Council.

2. The applicant should also ensure that a legally valid and enforceable contract is entered into before any fees are paid. The governing law and jurisdiction provisions of the Contract are important.

3. When obtaining assistance from unfamiliar sources to ensure that there is clear representation in Sri Lanka of the consultant or lawyer or law firm concerned, by way of a local agent. This way, a continuous flow of information can be achieved and the dire situation of the "disappearing consultant' can be abated. The position would be even more favourable to the client if the local agent was himself/herself a member of the Sri Lankan Bar having over five years of practise and a person who has visited/lived in the country concerned. This way, the client will be able to obtain specific information from the local agent which is outside the ambit of the application to migrate, namely, cost of living, employment prospects, availability of property, newly developed areas in the country, rent, cost of travelling, etc. without reference to the foreign party.

All in all, the better view is to obtain assistance from a large reputed foreign law firm rather than risk your monies in the hands of private practitioners who may be difficult to track down or attach liability to. A large law firm would be one which has an established practice, have a large partnership, have a permanent registered place of practice and have a separate Immigration Law Department comprising qualified experts. Such a firm in the first instance will not risk being involved in practise of a nature which will jeopardise their practising licence in their own country, nor will they risk their prestige and reputation on misappropriation of fees which amount to only a fraction of their total income.

In the unfortunate event that the private lawyer or consultant, or law firm (highly unlikely) does not fulfil the obligations under the contract of services, and misappropriates fees paid in advance, the aggrieved applicant has several courses of action.

1. Inform the relevant regulatory body in the country of his/her practise which will in most cases ensure that such persons dealt with under the laws of that country, generally by suspension from practising law or having his/her license to practice revoked and expulsion from the profession.

2. Proceed against the person in a civil action for breach of contract.

3. Inform the local police of fraud by such foreign person, thereby facilitating his arrest in Sri Lanka in the event he visits Sri Lanka subsequently.

4. Inform the relevant high commission or embassy of the person's misdeed, for action to be taken by the relevant authorities for fraud, etc. in his/her country of residence. Notwithstanding all that the applicant must do, in the end, it is imperative that all foreign professionals associated with the practice of immigration law who deal with Sri Lankan clients, follow steps similar to those given above and inform their clients of the above mentioned to avoid unnecessary misinformation. The service provider, whether foreign or local, must always remember that a well-informed client will not be a disgruntled one if such service provider sticks to the rules and acts within the law. Foreign practitioners who fail to observe high standard of professional conduct and ethics must however be dealt with severely and prevented from entering the country in future.

There is no question that the highest standards of integrity and professional ethics need to be exercised in this area of practise. But, the public should be made aware that there are equal amount of satisfied applicants who have obtained the services of migration lawyers and consultants practising high standards of professional conduct and integrity. Not one of the previous press articles are supported by official statistics. Nor do they stipulate the expertise of their sources. The fact is that in recent times criterion to migrate to countries such as Canada, Australia (where the pass mark for independent skilled migration was reduced from 115 to 110) and New Zealand (where the entire points scheme was restructured) have been relaxed whilst the evaluation procedure made more complex. As mentioned earlier in the article, applying to migrate to another country is not a simple matter and must be dealt with care.

It is widely known that whilst some professionals (local and foreign), including lawyers and journalists, lacking integrity are rife in this country and all over the world. You cannot prevent the existence of deception which unavoidably lurks around every corner. However, nobody can deceive the reasonable prudent man/woman - neither an unscrupulous lawyer nor consultant practising immigration law nor irresponsible journalists. The best advice for those seeking assistance from foreign professionals is - "Do not be misled by those shouting slogans, but seek whatever assistance comes your way. If it means an enhancement of your chances of succeeding in an application to migrate to another country, then one should obtain the assistance available, especially if it is of a professional nature. Moreover, if one takes all the proper precautions possible, some of which are explained in detail above, the pains of being duped will never have to be experienced."

OPA Member

GST puzzles

GST came into operation on April 1, 1998. (Ironically April Fool's Day).

GST is payable by traders having a turn over of Rs. 500,000 per quarter.

My query is about Traders, A and B both selling identical products subject to GST. A has a turn over of Rs. 600,000 per quarter while B has a turn over of Rs. 200,000.

It will be obvious that trader A will be a GST collector while B a non-GST payer. Under these circumstances, will the consumer who buys from Trader A pay GST at 12.5 per cent on the goods purchased? Will not the consumer going to trader B pay any tax on the identical goods purchased?

If this were so, it seems to us laymen, a ridiculous situation that needs correction. High powered seminars held to explain GST so far have not touched the trader or the consumer.

Commissioner, Inland Revenue, please clarify.

Concerned citizen,
Avissawella

Down to Earth
Eppawela phosphate project
by Derrick Schokman

How well I remember the Eppawela area during my salad days in the Department of Agriculture.

It was a harsh environment. A jigsaw of scrub forest, rice fields and small 'wewas'.

It was also leopard country. Suddage Tissera shot a beautiful specimen there and was charged in the Anuradhapura courts for contravening the Flora and Fauna Protection Ordinance.

It was the largest reported leopard kill in this country. The animal measured 8 ft. 6 in from tip of nose to tip of tail.

I did not realise then that Eppawela was a gold mine of valuable phosphate deposits, which the geological survey and Mines Bureau of Sri Lanka estimates at 25 million metric tons within the outcrop area and another 35 million metric tons outside.

Presently, Lanka Phosphates Ltd, a fully owned Sri Lankan company, is mining about 40,000 metric tons of rock phosphate annually.

In its present form this phosphate is slow-acting when applied as fertilizer. It is consequently used only with perennial crops like tea, rubber and coconut.

It can however be converted into a fast-acting fertilizer that may be used with annual crops as well. To do this requires expertise and large investment capital.

Negotiations were therefore initiated by the government with one of the foremost fertilizer manufacturers in the world, IMC-Agrico of the USA and the Tomen general trading corporation of Japan to manufacture Di-Ammonium Phosphate (DAP) Mono-Amonium Phosphate (MAP) and Triple Super Phosphate (TSP).

According to the BOI, the total planned investment is US $382 million.

Sarabhumi
The mining and production of fertilizers is proposed to be done by a locally registered company, Sarabhumi Resources.

The shareholders of this company will be 65 per cent IMC-Agrico, 25 per cent Tomen, with a 10 per cent free equity for Lanka Phosphates Ltd.

The company will be allowed to export only a restricted quantity of rock, the balance being used for the manufacture of fertilizers at a factory to be constructed in Trinco-malee.

Fertilizers will be made available to meet local farm needs through Lanka Phosphates Ltd and the balance exported.

Gypsum, presently imported primarily for use with cement, will be an important by-product, sufficient to meet local demand.

Infrastructure development will include rehabilitating the rail track from Kekirawa to Trincomalee and constructing a new track from Eppawela to Kekirawa.

A two-sided dock will also be built in the Trincomalee harbour to deal with rock and fertilizer exports.

During the period of infrastructure development about 10,000 persons will be employed directly and indirectly. After that about 3000 persons can expect to be permanently employed.

MIA
The project is now at the stage of finalising the Mineral Investment Agreement (MIA) between the government and the investors.

The MIA will outline in detail the benefits and concessions, rights and obligations of both parties at every stage of the operation.

Signing the MIA does not by any means grant mining approval straightaway. It only allows exploration rights. The question of mining will only arise after investor exploration has been completed and the EIA requirements are satisfied.

EIA will include all issues relating to mining, transport of material from mine to factory, handling of wastes and resettlement if necessary.

There is a categorical understanding on the part of the investors that entire villages and settlements will not be displaced.

And that no mining will be done beneath religious places, cemeteries, monuments over 100 years old, road, railway and riverbasin reservations without the concurrence of ministers concerned.

The investors have given the government the assurance that community development will be an important part of the project, since the upliftment and well-being of the neighbourhood will be crucial to the success of the whole operation.