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10 March 2017

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Correct action and corrective action? "Dame Josephine Abaijah said …that the Governor General should have the decency and courage to dissolve the parliament." See Loop PNG, 10/2/2017, by Annette Kora.

Decency and Courage. Now imagine that.

Would it not place ALL aspirants for election/re-election on a base of equality? Some for a courting, some for not accounting.

PNG Revenue Authorities could consider following the decision of 16 November 2016 by the High Court of Australia in Hua Wang Bank Berhad v Commissioner of Taxation that it does not follow if a board of directors abrogates decision-making power in favour of an outsider and operates as a puppet, ‘rubber-stamping’ the decisions of the outsider and the real business was run from Sydney (replace with PNG) and the role of the directors was ‘fake’, that Tax (replace with any National revenue) liability could be escaped because the boards were overseas.

Previously I have posted: "In pages 278 to 358 of the June 2013 report by The Commission of Inquiry you can read about the 3 SABLs for the island of Lavongai in New Ireland Province. They had suddenly been sprung on us in mid-2007 by Govt. Gazette #161. The illegal land grabs covered almost 80% of the island and were for 99 years and would have to pay no fee to Land Dept. during the long leases."

None of my family or friends were aware in any way that such a projected use of their customary land was being hijacked for their lifetimes and that of their children and even grandchildren.

The Commissioner found many irregularities in the acquiring of the SABLs and all three were recommended to be cancelled. Some principals involved were even referred to the police for criminal investigations.

Now crazy Ministers of State say that cannot cancel the SABLs because of the cost of compensation to the companies controlling them. In law if you acquire something but especially land through illegal means then you have no claim whatsoever for compensation for any expenses you may have occurred in your criminal acts.’

Our gallant PM has said in the Post Courier dated 2014/06/19 'Government cancels SABLs':

"THE Government has cancelled all Special Agriculture and Business Leases (SABLs) obtained illegally, and will abolish provisions of the Land Act which allows for SABLs to be granted."

Again in The National dated 2016/11/07 'All SABLs cancelled says PM O’Neill':

"Business Leases (SABL) due to irregularities in various land and forestry laws that allowed the devastation of forests, parliament has been told."

But now this new initiative that shits on his people.

Referring back to the Inquiry into SABL while in Kavieng:
2011/11/11 SABL34: ex-Premier Pedi Anis is answering question asked by Tribunal:

Lawyer to Inquiry Mirou: Yes, that is fine. This company, what is the shareholding in that company? Would you just tell the Commission?

Anis: I own, I think, 25 percent.

Q: Sorry?

A: I own, I think 25 percent. I would – yes, there must be some documents that I did not prepare for this one. Debon Logo owns 25; Janet Raurere, 25.

Q: Speak up, please, we cannot hear, thank you. I cannot hear you. I am close to you but I cannot hear you.

A: Yes, these representatives of the company were brought out in the press lately by Radio New Ireland, and let me just repeat this that 20 percent – 25 percent for Pedi Anis, 25 for Debon, 25 percent for Janet Raurere.

Q: Sorry, just speak up; it is hard hearing. I cannot hear you. Just speak up, please.

A: Okay. 25 percent, my own; 25 percent for Debon Logo, and 25 percent for Janet Raurere, and the balance is Regina Lau and Deo Datuk Hee, the son.


Commissioner: Regina Lau or Regina Hee?

A: Regina Hee Lau; Regina Lau Hee.

Q: How many---

Mr Tusais: Since when was this – the shareholding percentage, since when did – when were these percentages---

A: I started the company in 19/9/2000. The shareholding included others that later on where changed to this arrangement.

Q: Yes. Look, Mr Anis, we have had – we have done searches at the IPA, Investment Promotion Authority. This is information current to as late as August-September of this year 2011.

Our search of Tutuman Development Corporation is different to what you are now telling the Commission. These are independent records kept by Investment Promotion Authority. From our search – I will just read this out and you tell the Commission whether this information held by IPA is true or false or whatever you want to say. It shows that Tutuman is a company incorporated in PNG. It is resident in – sorry, Regina Hee, she owns 49 per cent of the total shares; Deo Datuk Hee, he owns 12.5 per cent of the shares whilst yourself Pedi Anis,Janet Raurere and Debon Logo, you each hold 12.75 percent of the shares.

A: Sorry, there was some change in the shareholding and what you have currently is the true information. I did not go through the proper records. Yes, the information there is now correct.

Q: So, what I am saying is correct?

A: Yes, what you are saying is correct.

Q: That Regina Hee or Regina Lau Hee, is that the full name?

A: Yes.

Q: And Deo Datuk Hee, they hold 61 percent of – 61.5 - to be exact – per cent shares in this company Tutuman Development Limited?

A: Yes.

Q: So that would make it a foreign company? It is not a PNG company?

A: Yes.

And further in the report, Anis answering:

"It is an ongoing process until you get the – all the people can actually come to understand their own boundaries and the---

Commissioner interrupts:

"Mr Anis,that will be an insult to the people who actually live on those lands. That is an insult to their ownership rights. You say that they do not even know the boundaries that they – that these particular villages who are affected by these SABLs live in.

A: Yes.

Commissioner: Yes. Mr Anis, I was talking about the SABLs and the process whereby once a direct grant is given by the minister or the delegate of – by the minister and is gazetted, normally that the customary rights of those groups of people living within those areas are affected.

As we have seen in the case of Emirau Trust, they virtually have no rights of fishing or anything over their land.
Likewise, in relation to the SABLs on New Hanover, Umbukul, Tabut and Central New Hanover, including Rakubana, down in the Danfu extension TRP area, the fact is that the rights are suspended for a period of time which is almost 99 years.

Meanwhile the corrupt elites who were there when 1990s Barnett Inquiry into the timber industry was conducted are still wallowing in their filthy lucre as the log ships daily load from rivers and bays around the nation. Just look at pictures of their activities and you can easily note the obviously undersized logs from their clear felling activities that would be illegal if they were felled under licensed Timber Agreements.

All this delay of cancelling SABLs while the wantoks continue to suffer on the land they have lost for 90 years - 3 generations are slaves on their ancestral lands.

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