• Morning Spice by Ginger
  Medical Negligence
• CEB and the National Economy
• Tea plantations - from frying pan to paradise

• Amendments to Securities and Exchange Commission Act
• Appreciation
  Dr. D. J. Attygalle
• Political rights of the citizen
• Dr. D. J. Attygalle

Ginger read with some concern that a woman is supposed to have died in a government hospital due to negligence. Now this has been common occurrence for years. I was by the side of a patient who was just recovering after a heart attack when his relative who was also by his side noticed by the signals he was giving that he was coming in for a stroke. He summoned the nurse and told her to get a doctor down. She merely frowned and possibly thinking that individual was an ignorant fool pretended to take the patients pressure and said there was no need to get a doctor. Next morning the doctor on his ward rounds declared the patient had got massive stroke. Two days later he died.

Now this is just one instance where the callousness of a nurse or attendant had possibly led to a fatality that could have been prevented. Any person in a service that is associated with the ailing must have a calling for that job or else he or she would be a total failure in addition to being a menace to the service and humanity in general. This fact must be drilled into those who wish to join the nursing fraternity or any para-medical service. There would be no harm in fixing hidden video cameras which could reveal how such staff perform their duties during their probationary period so that those not suited for such duties could be weeded out before it is too late.

Sharpeis saved
What is a Sharpei? It is a comic looking little Chinese dog with a heap of wrinkles. It is known also as the sharpskin dog. The Sharpeis is supposed to be a highly intelligent dog. It is considered a rather unusual cannine because its skin is rough and resembles sandpaper. The animal is supposed to have originated about 2400 years ago.

These dogs were first used for guarding homes and livestock. They were also threatened with extenction along with cats and rats by the communists when there was a food crisis. A Hong Kong based dog lover who contacted American dog lovers managed to save some of them and thanks to him there are several thousands of Sharpeis in the states today.

Rayner's rise
This was quite a blow to Britain's business world. Lord Rayner, the Chairman and Chief Executive of Marks and Spencer died at the age of 72. Rayner did not have an easy side to business fame or to the top of Marks and Spencer. He started at the bottom when he joined the company as a trainee in 1953. He then rose to the very top in quick time.

His business flair was responsible for the company buying up the prestigious Brooks Brothers of America. He was also adviser to both Edward Heath and Margaret Thatcher. He was first made a knight in 1973 and was appointed to the peerage in 1982.

We write with reference to an article published on page 7 in the 'Opinion' page of 'The Island' recently under the psendomynin, 'Tea Planter'.

We are planters who work in the Maturata Valley of the Nuwara Eliya District. The 'Tea Planter' has made serious allegations against the executive personnel of the Plantation Management Company which had been given the task of managing the estates belonging to the ETF.

Our colleagues in the low country have written a letter in the 'Opinion' column which has been published in your newspaper of 22nd August '98.

In this letter our colleagues have very clearly refuted the totally unfounded, mischievous and malicious allegations made by the 'Tea Planter'.

Since we fully endorse the clarifications etc. made by our low country colleagues in respect of the many asinine and vindictive allegations made by the 'Tea Planter', we wish to confine our comments to the following matters.

A) The current Chief Executive of the Management Company against whom much of the venom is directed at by the 'Tea Planter' was appointed in mid 1995. The performance thereafter of the MP Ltd., has been clearly documented by our low country colleagues in their letter. Further much more details of the excellent performance of this company were published on 25 of the Daily News of 20th August 1998.

B) Someone reading the article written by the 'Tea Planter' may not be aware that this 'Tea Planter' is a person who was forced to retire. Therefore, it would be quite apparent that this person has personal animosity against the Management Company, in general and the CEO in particular.

C) We wish to make it clear when this 'Tea Planter' was retired, the reasons being as follows:

(1) It has been alleged that one of his previous estates a routine audit carried out by the Internal Auditor revealed a massive fraud amounting to approximately Rs. 2 million. (This is the reason for the 'Tea Planter' in his letter to have slandered the Internal Auditor, who was merely carrying out his duties).

We refrain from revealing details of this alleged fraud as the investigation into this has still not been completed. This matter is being probed into by the Criminal Investigation Department.

(2) The 'Tea Planter' has made certain appointments to the staff cadre, obviously his henchmen, without approval of the company thereby contravening the rules laid down by the company.

(3) There have been many instances where this 'Tea Planter' had blatantly defied and disregarded rules & regulations laid down by the company. Once again we refrain from revealing such instances, as no doubt, this would be exposed at the correct forum at the appropriate time. In the circumstances, is it possible for the Management Company not to retire him? We leave it to your readers to pass judgement on this matter.

We in the plantation industry were made to understand that the late Mr. Wijeratne before his untimely death, had drafted a letter not only dismissing him from service, but had also decided to instruct the CID to arrest this 'Tea Planter'.

Fortunately, for this 'Tea Planter' and most unfortunately for the planting community Mr. Wijeratne was killed before he could carry out motion that he had contemplated.

Lastly we hope that the reading public, having read this letter and that of our low country colleagues would come to the correct conclusions.

Up-country Tea Planters of M.P. Ltd.

We refefer to the letter by Mr. S. Jayasundera of Mt. Lavinia, published in 'The Island' newspaper of August 13th 1998 under the caption 'SEC's New Regulations'.

The contents of this letter give rise to certain misconceptions and erroneous conclusions, which in the interest of the writer and in the interest of the general public require correction and we would be grateful if you will consider giving this response the same publicity.

In keeping with its responsibilities for the maintenance of an orderly securities market in Sri Lanka and the protection of investor interest, the Securities and Exchange Commission (SEC) has proposed certain amendments to the Securities and Exchange Commission Act. One of the objectives of these amendments is to widen the scope of regulation of the SEC to encompass subject areas such as margin trading, underwriting and portfolio management, insofar as they are connected to securities listed on a licensed stock exchange.

By regulating margin trading, the SEC does not intend dictating to the lenders as to the quantum of money that should be lent to a particular customer. However, insofar as lending on the collateral of listed securities is concerned, it will lay down certain minimum requirements regarding collateral and the maintenance of such collateral. Such regulation is common in most emerging and developed markets and acts as a disincentive to the provider of the margin to engage in 'panic selling' the collateralised securities in a declining market, thereby contributing further to the depression of the market.

The envisaged scope of regulation with regard to underwriting is aimed at identifying suitable underwriters and ensuring that they have the minimum expertise and infrastructure to perform a very important function, which is the facilitation of the introduction of issuers of securities to the capital market. The writer's assertion that no underwriter has failed to honour an underwriting commitment is incorrect. There have been occasions on which disputes pertaining to the performance or non-performance of underwriting commitments have arisen with some disputes giving rise to litigation in the primary and appellate Courts. Copies of the proceedings in some of these cases can be made available to the writer for his/her greater elucidation.

With regard to the regulation of portfolio managers, here too the scope of regulation is aimed at ensuring that these managers have the minimum qualifications required to offer these services to the public.

At present, no short selling is permitted in the market and this has contributed to the certainty of trades, where buyers are assured of receiving delivery of the securities purchased. However, the SEC in consultation with the industry is examining the feasibility of introducing short selling in conjunction with a stock borrowing and lending mechanism. It is a point worthy of note that one of the reasons attributed to the plunging of some regional markets in the wake of the recent East Asian crisis was the permitting of improperly regulated short selling.

We agree with the writer that the Colombo Stock Exchange cannot depend on foreigners to bolster its indices. In this regard, the SEC has been endeavouring with the scope of its capabilities to increase the domestic investor base in the stock market. The proposals made in the last Budget to permit captive funds of the Government to be invested in the stock market was the direct result of some of the steps taken by the SEC in this regard. On the subject of rural investors, the SEC is committed to educating and increasing awareness of investors in the capital market and its operations and admittedly the focus had been more on the rural investor whose access to market information is very limited. However, the SEC is not a marketing organization. Moreover, its developmental role is primarily aimed at facilitating rather than directing market intermediaries to indulge in any particular activity.

It is regretted that some of the other assertions made by the writer, which in our view are completely misconceived and misperceived, are totally unfounded. Particularly his/her assertion that the 'new regulations' take away the protection afforded to officers of the SEC who act maliciously. From the inception of the SEC in 1987, no protection has been afforded statutorily or otherwise to officers of the Commission who act maliciously.

The writer's charge that most monthly SEC meeting are not held for want of a quorum is totally mischievous. For the record, the Board of the SEC meets once a month on an average and in the last 10 years, only 3 meetings have been postponed due to the lack of a quorum.

In conclusion, we are very appreciative of the sentiments expressed by the writer with regard to the SEC's activities in the field of insider dealing and disclosure, an effort that goes largely unrecognized.

We trust that this would assist in correcting the misconceptions and misunderstandings the writer appears to be labouring under and he/she could contact us on Tel. No. 439144 at the SEC if any further clarification is required.

Kumar Paul
Director General
Securities and Exchange Commission of Sri Lanka

With the death of Dr. D. J. Attygalle one year ago, on August 24, 1997, the country lost a loyal and honourable citizen, its medical world a skilled practitioner who observed the Hippocratic Oath to the very letter, his wide circle of friends a genuine associate and partner, and his family an affectionate and concerned member. The large numbers of people of all races, of all faiths, of all ideologies and of all classes that came to his residence and to the cremation grounds to pay their last respects to him bore ample testimony - if indeed such were needed - to the gratitude he had earned and the respect he had commanded during a long life of serving their needs.

Innumerable also were the expressions of appreciation conveyed through the Press after his death by a cross-section of those whose health, and often whose very life, had been preserved by his medical treatment.

The purpose of this brief 'In Memoriam' is not the evaluation of this medical service to a vast clientele drawn from the highest in the land to the ordinary common man, nor the expression of gratitude by a patient to his doctor. It is rather an attempt to portray Dr. D. J. Attygalle the human being, as perceived by one who became closely associated with him after his marriage, in 1951, to Daphne, who he loved deeply and with whom he continued a unique personal and professional partnership until her death in 1989. Although his relatives and friends, as well as his patients, came to know him as a man of few words, an excellent listener, and a wise and persuasive adviser, some of the more remarkable aspects of his character were apparent only to those in closer and more frequent association with him.

Perhaps his most outstanding quality was his concern for, and loving kindness towards, all living beings, be they human or animal. I recall an occasion some years ago. I was in the garden of his residence one morning when an elderly, trousered patient emerged from the consultation room with tears in his eyes. I casually asked him whether he was in pain. He replied in English: 'No, Sir, I am not in pain. The doctor examined me and prescribed some drugs. He then opened his desk drawer and gave me some money, saying 'These drugs I have prescribed are very expensive. You may not be able to afford them. Here is the money to buy them'. Sri, I had not even asked him for help though it was true that I could not afford the money. He is not a mere doctor, he is a saint. What he did has brought tears to my eyes - tears of joy and gratitude that such men are still among us in this cruel world. May God bless him.'

His fondness of and love for animals was just as touching. He had a daily habit of stepping into this back garden, after seeing all his patients and before having his lunch, with a handful of breadcrumbs and throwing them on the roof for the squirrels who came scurrying for them. He stood by to shoo of the odd predator crow which would swoop down to deprive the squirrels of their meal. He personally made sure that the birdbath in the backyard was always full of fresh water for the birds (and even the crows) to drink from and dip into. He was devoted to his own pet dogs. Once we were visiting some relatives when their dog, spotting a cat outside, charged unseeing through the glass of the french window shattering it into shreds. All of us rushed to examine the damage to the window. Dr. Attygalle rebuked us gently by saying 'Forget the window. See whether the dog is injured'.

His compassion and concern for those less fortunate than ourselves was transparently manifest in his attitude to and treatment of his domestic staff. Both Daphne and he took a personal interest in their food, their health and their general welfare. Running the household by himself after her death, he was 'in loco parent is' to them all.

He took great pains to ensure that the younger boys got employment in State and Commercial establishments as they reached man's estate, and continued to allow them to live under this roof free of charge. Indeed, during his last illness in hospital he was worried that one of his servants had not secured proper employment (which, however, he managed after the doctor's death). They wept when he passed away as only children would at the loss of a father.

It was well known that his professional fees were notoriously moderate. I believe he never charged a fee from members of the clergy orf from indigent patients. I am aware that he advised and treated relatives free of charge. I know as a fact that he did not charge even from those he knew to be close friends of relatives, for once a friend of mine complained to me that the doctor had refused to accept a fee from him because he was a friend of mine! In an increasingly acquisitive and venal world, where the accumulation of wealth seems to be end in itself, Dr. D. J. Attygalle was a shining exception.

Above all else he was a man of principle. Not only as a doctor, did he adhere strictly to the ethics of his profession, but he maintained to his dying day, as a man, a personal code of conduct of a high standard. He never permitted himself to be subjected to undue influences of any kind. His approach to any problem, professional or otherwise, was clinical. He had the rear gift of sound judgment whether in the diagnosis of an ailment (he was perhaps unsurpassed as a diagnostician in our country in our time) or in the assessment of human nature.

His prescriptions was therefore as efficacious in the one field as in the other. Not being a conceited or self-opinionated man, he always advised his patients to have his own diagnosis confirm by tests and other medical opinion. So also did he advise many friends and relatives who came to him with a variety of their personal problems saying 'As far as I can-gauge your difficulties their causes seem to be theseÉ and I would suggest you doÉ But why don't you discuss them with so and so well and see what he has to say?'. Very often the patience and sympathy with which he listened to their woes proved a relief and remedy.

After the decease of his wife in 1989 Dr. Attygalle continued his private medical practice. But his close relatives and friends realised that he was becoming more introspective and reflective. Though he continued to enjoy their company and their companionship, he was beginning to show an interest in futurity and the hereafter. As a devout and practising Buddhist all his life, he began latterly to take a greater interest in Buddhist philosophy and metadphysics, and in the efficacy of meditation.

He became more aware of the transitory and evanescent nature of life and all its dimensions. His last brief illness seemed to have convinced him of the truth of this philosophy. Those who knew him well are confident that he died conscious of having knowingly done harm to anyone, and of having done as much good as he could to everyone. Dr. D. J. Attygalle and his late life partner, Professor Daphne Attygalle, led exemplary lives. All of us - politicians, professionals, students, relatives and friends - could do no better than to try to follow in their footsteps.

May they both attain Nibbana!
'A Relative who missed his guidance very much'

'Bonus magis corendoquam fruendo Sentitur'
'A good thing is appreciated more when it is lost than when it is being enjoyed'

This can truly be said of late Dr. Don Jinadasa Attygalle -affectionately terms 'Jins' - It is one year since we lost him - words are inadequate to express our sense of a great void - an emptiness - even whenever I pass Castle Street, I turn to the gate and feel a tremendous emotions which I am unable to describe. Our friendship and our reciprocal respect and admiration of each other for achievements that we have passed through - wells up in our hearts.

His father and my father were very great friends and daily visits my father and receive the cup of plain tea which my mother used to serve him herself. Of course, they both had a great respect for each other, especially having two sons, medical students at a time when no Free Education was existing. His father had one son already with us and the younger son was also to be cast to medicine. Both families must have made sacrifies to get us educated. I was already Surgical Registrar of the General Hospital when Dr. D. J. Attygalle came as a House Surgeon having passed in the first class with distinctions in some subjects, which was the only passport to appointment at the General Hospital, Colombo. Having done a very useful period in many outstations he comes to the Pathology Department - the best foundation for a future physician. This appointment gave him another benefit. Here it was that he met his future partner Daphne Kanakaratne, herself a great intellect.

Another personage also possessing a very superior intellect, joined them. Daphne's brother, son of late Mudliyar Kanaratna,later was Ambassador in USSR and USA and UN and then India and at present Governor of Southern Province. Having left for UK immediately after their weding 'Jins' in due time returned with double M.R.C.P. London and Edinburgh and she with Ph.D. When he joined the visiting staff of the General Hospital, Colombo, I was already a well established surgeon in the GHC. Years of similar intellectual lives brought us together and by and by we developed a reciprocal respect and admiration. Daphne in her turn became Professor of Pathology, Dean of the Medical Faculty and Acting Vice-Chancellor of the University of Colombo. Jins was a real epitome of good manners and deep learning.

His clinical backgrounds and well laid foundation of Pathology gave him almost a divine gift, an uncanny ability to diagnose and treat with minimum of so-called modern tests. He was a very good listener and quickly his analytical mind gave the treatment with very few drugs. He charged whatever was given - a master of his action with a deep attachment to Buddhist philosophy and customs.

He was always with a smile full of humour and wit - never had he quarelled, if occasion arose - as two were necessary for this hateful discipline, he would never supply the second party. His patients stuck fast to him with affection and respect. He stood in utter contrast to carbon copies of Harley Street of new arrivals. Amongst his vast number of patients were five Prime Ministers, Governor Generals, Presidents, Cabinet Ministers and yet he did not lose touch with voiceless poor masses. He treated everyone with the same interest. His attention to the domestic staff was a personal one. After Daphne died he treated my wife like a sister and would telephone to replace even a cook that has left. So great was our attachment. We both miss him. He has departed but has left a sweet fragrance that time will not dilute or easily be erased.

We still live in the line from the poem by Totagamuwe Sri Rahula Thero of great scholastic fame:

"Nethinetha Kandulu Randawa"
'Repressing the tears that keep on welling'
May you both attain the Supreme Bliss of Nibbana.

by Dr. P. R. Anthonis.

It is not uncommon to see some of these from top of government buildings as well, put up unobtrusively by party supporters. Outside the city party meetings are held until the day before election contravening all elections laws. What is both amazing and incomprehensible is that politicians and candidates guilty of such practices get away with it all. The current view raised that political party candidates must have suitable requirements, a background and education other than those spelt out as requirement for voters ought to be seriously considered. Candidates and other supporters who flout the laws must be pursued and penalties enforced.

Decrease in voter participation implies an equivalent decrease of citizens participation in governance Democratic government being government of the people by the people and for the people, the larger will of the people must be sought and other forms of obstructionist, deliberate or otherwise eliminated. Condoning such practices or encouraging them for whatever reasons would be an indictment on those who govern. At the 1994 Local Government elections several candidates were compelled to withdraw under threats to life and the media highlighted incident after incident, but no corrective measures were taken. At a recent Workshop in a district of the South a trainee participant asked 'Is it not tom foolery to call Sri Lanka a Democracy? It is moving towards an Oligarchy. Governments change but over 50% of the representatives do not change, not until they die. Power changes from a small group of party people to yet another small group of party persons!. This was frustration expressed by a young citizen in relation to the circumscribed political rights in actual practice. Such frustration undermines the confidence in Democracy. The unprotected voter and the unarmed voter has no place or person to turn to, when the law is not enforced. Detention and arrests and releases have often been carried out at the behest of or intervention of the party in power.

Although freedom of speech and expression is not a political right it helps maintain an effective relationship between the government and the governed and promotes a wide spectrum of views and opinions. Commonly known as freedom of the press/media it is expected to fulfil a vital role both during election time and normal times. The voter needs to have access to political and party information regardless of party affiliations. All media operate under State concessions and support. Until recently the state had a monopoly over ground-based broadcasting but today a variety of commercial TV channels, and radio stations exist. Sometimes this has resulted in a number of abuses. News reporting and dissemination of information, sometimes take unusual turns, by over reaction or sensational publicity on violence, subtle character assassination, image distortion etc. Obvious partisan reporting, spreading falsehood and obstruct opinion making can be damaging. Not the best of democratic conditions for both candidates and voters. Mrs. Margaret Thatcher, former Prime Minister says in her memoirs 'Once a politician is given a public image by the media it is impossible for him to shed it. At every important stage in his career, it steps between him and the public, so that people seem to see and hear not the man himself but the invented personality to which he has been reduced'. The responsible role of the media during election time cannot be undescored. Freedom of speech both to the media, the candidates, party supporters and voters is not the wild freedom of the wild ass to resort to abuse, foul language, falsehoods, character assassination nor the wilful exploitation of the privileges of Parliament to utter slanderous falsehoods or insults as evidenced frequently in recent times. Freedom of speech the most honourable privilege the individual citizen enjoys to express views and opinions without the permission of the government however distasteful the truth can be. Lord Action's comment to his opponent, 'I detest your opinion, but I honour you for the courage to utter it' must relate to mean the invaluable importance of freedom to speak and to speak out one's convictions however unpleasant and unfavourable it may be. The role of the press in publicising, elucidating and reporting political information, party policies and issues in a free and fair political environment especially before and after elections becomes absolutely important, by its contribution to the stregthening of democratic traditions.

Freedom of peaceful assembly and association cannot be overlooked in the subject of political rights of the citizen. Civil liberties is the foundation of democratic tradition and enhances the enjoyment of political rights by the citizens. The right to association and assembly, unless under exceptional circumstances as during war or insurrections should not be deprived on a partisan basis, creating violent opposition between parties. Police permits, public demonstrations, public meetings and rallies, with rare exceptions need not hamper opportunities and rights of the citizen. It is not mere 'ballot casting' that becomes important but also additional ways and means to help parties publicise party policies especially during election time. The right to change Governments becomes meaningful and real with more elucidation and dissemination of party information. Uninformed hasty voting or scary voting cannot be encouraged, for bad practices beget bad results. There is a great need in our country for a 'London Hyde Park Corner' (not 'Prema Udyana') to be set up for free expression on public issues especially for smaller parties, youth groups and non-government organisations. Such a facility would eliminate the misunderstanding and tug a war that arises whenever permits are requested for by political parties The beneficial results of the citizens' enjoyment of civil and political rights have been experienced in many countries, while those countries that have drifted to quasi-authoritarian regimes have equally well suffered the worst consequences almost to a point of no return. To suffer with fundamentally unsound policies is one thing but for a nation to suffer for the excesses of over-government, corruption and misuse of power is another dangerous state of affairs that will neither gains political stability nor economic stability.