Dear Attorney General Merchant,
RE: PRIVATE PROPERTY LEASED By The PRIME MINISTER Of The FEDERATION Of St. KITTS and NEVIS To The REPUBLIC Of CHINA (ROC)
In a March 18, 2008 Press Release, Prime Minister, Dr. the Hon. Denzil L. Douglas admitted to holding private interest in the residential property leased by the Republic of China (ROC).
As a result, a group of concerned students in the Federation have mobilized in order to draw your urgent attention to the Organised Crime (Prevention and Control) Act,2002. Part II Section 4, states:
A person engages in corruption where
(a) the person directly or indirectly promises, offers or gives to a public officer a benefit;
(b) the person, being a public officer, solicits or accepts whether directly or indirectly a benefit for himself or another;
in order to act or refrain from acting in his official capacity.
In accordance with Part III Section 9, Offences and Penalties:
(1) A person who engages in corruption commits an offence.
(2) A person who is found guilty of an offence under subsection (1) is liable:
(a) on summary conviction, to a fine of 150,000.00 or imprisonment for 5 years or both;and
(b) on conviction on indictment, to a fine of $1,500,000.00 or imprisonment for 15 years or both.
Mr. Attorney General Merchant, as you are aware, The Federation of St. Kitts and Nevis ratified the Inter-American Convention against Corruption, August 4,2004. Article VI of the Convention outlines:
"Any act or omission in the discharge of his duties by a government official or a person who performs public functions for the purpose of illicitly obtaining benefits for himself or for a third party."
Mr. Attorney General Merchant, since Prime Minister Douglas' admission to holding private interest in the residential property involves emissaries from a foreign government, the Republic of Chine (ROC), SKN Students Engaged draws your immediate attention to Article VIII of the Convention, Transnational Bribery:
"Subject to its Constitution and the fundamental principles of its legal system, each State Party shall prohibit and punish the offering or granting, directly or indirectly, by its nations...to a government official of another State, of any article of monetary value, or other benefit, such as a gift, favor, promise or advantage, in connection with any economic or commercial transaction in exchange for any act or omission in the performance of that official's public functions. "
"Any State Party that has not established transnational bribery as an offense, shall, insofar as its laws permit, provide assistance and cooperation with respect to this offense as provided in this Convention. "
Mr. Attorney General Merchant, we the future leaders of the Federation, will not be SILENT to the Prime Minister holding private interest in the residential property leased by the Republic of China (ROC). In accordance with the responsibilities of the Office of the Minister of Justice and Legal Affairs, we expect due diligence pursuant to the domestic provisions on corruption listed above in the Organised Crime (Prevention and Control) Act, 2002, in addition to the Federation's obligations under the 1996 Inter-American Convention against Corruption.
By this concern, we vociferate,
SKN Students Engaged
