08032016 business

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WEDNESDAY, AUGUST 3, 2016

business@tribunemedia.net

QC: Judgement in email leak “saves Smith “not about to lay financial industry” in Bahamas By NATARIO McKENZIE Tribune Business Reporter nmckenzie@tribunemedia.net AN outspoken QC said that yesterday’s Supreme Court judgement against Education Minister Jerome Fitzgerald for breaching the constitutional rights of environmental advocacy group Save The Bays by disclosing and releasing the group’s private emails in Parliament affirmed that the Bahamas is “not a political banana republic”, asserting that it would have been the “kiss of death” for the country’s financial services industry had the judge vindicated the minister’s actions. Supreme Court judge Justice Indra Charles ruled yesterday that Mr Fitzgerald’s actions in acquiring, disclosing and releasing the group’s internal emails were not legally justified and therefore he cannot be protected by parliamentary privilege. Mr Fitzgerald, the MP for Marathon,

down” in BREA battle

“Kiss of death” had ruling vindicated Minister Smith says country “not a political banana republic”

Ruling finds licence application right not sustained

was ordered to pay $150,000 in damages for the breach and is permanently banned from disclosure and publication of any further material belonging to Save The Bays and must delete material within 14 days. The Attorney General has requested and been granted a stay of the entire decision pending the hearing and determination of an appeal. Fred Smith QC, the Callenders & Co partner and Save The Bays legal director, told Tribune Business that he welcomed an

$250,00 damages claim to be reviewed Fred Smith QC

Jerome Fitzgerald

appeal. “I welcome an appeal because an appeal to the Court of Appeal and the Privy Council will only refine and sophisticate the debate on the constitutionalism and rule of law that ought to prevail in the Bahamas,” he said. “This will only encourage and promote confidence in our judi-

cial system. The Supreme Court and judges of the Bahamas are independent not only in spirt but in substance. “As a businessman in the Bahamas whose oldest law firm does a substantial amount of business in the asset protection, See pg b3

IDB report reveals Chinese tourism opportunity for Caribbean By NATARIO McKENZIE Tribune Business Reporter nmckenzie@tribuneedia.net

Mr. Peter Turnquest pictured during his arrival at the Free National Movement Convention held at the Melia Nassau Beach Resort.

Christie has “obligation to deliver” on Baha Mar By NATARIO McKENZIE

Tribune Business Reporter

nmckenzie@tribunemedia.net OPPOSITION Finance spokesman K Peter Turnquest said yesterday that Prime Minister Perry Christie has “an obligation to deliver” on the Baha Mar project completion having thrust the government into the saga via its push for liquidation, arguing that the Bahamian people should not be left in the dark regarding any developments surrounding the stalled resort. “As I have said the Prime Minister lacks credibility on this issue having announced a number of restarts,” Mr Turnquest told Tribune Business. “I am aware that there is apparently some work being done at the resort. To what level I don’t know but I know that there are people who have been milling around.” Baha Mar filed for Chapter 11 bankruptcy protection over a year ago, and subsequently construction on the mega resort development stalled. The Government has frequently touted the ‘framework agreement’ between itself, China Construction America (CCA) and the China ExportImport Bank for work to restart at the Cable Beach project but few details of a deal with a new operator have been made public. Personnel from CCA have reportedly returned to the property to prepare it for completion. Bahamian construction companies are owed a collective $74 million over Baha Mar. “The reality is no matter what happens its going to take a while for this to be done,” Mr Turnquest said. “Depending on what status the restart is at there may be some sensitivity involved in terms of the negations so I don’t want to prejudge that. However, at the end of the day, the Prime Minis-

Turnquest says public must be kept informed Criticises PM for “lack of credibility”

Prime Minister Perry Christie ter has an obligation to deliver since he has inserted his government in it and keep the Bahamian people informed especially those who have a vested interest in terms of existing jobs and the creditors.”

Changes must be made to capture market

CHINA represents a new “source market” for tourism-dependent economies like the Bahamas, with the Inter-American Development Bank (IDB) suggesting that many changes and investments would have to be made to capture more of this market. An IDB paper by Mark D Wenner and Dillon Clarke released last month on the “Chinese Rise in the Caribbean; What Does It Mean for Caribbean Stakeholders?” noted that there is a clear opportunity for tourism-dependent economies such as the Bahamas to capitalise on the Chinese tourist market. It is estimated that in 2014, 117 million outbound Chinese tourists spent nearly $500 billion, with leading destinations being Hong Kong, Macau, the United States and France. The number of Chinese tourists is expected to double by 2020. The main constraints on Chinese tourism outside Asia are said to be the cost of long-haul travel and the limited amount of vacation time the typical Chinese worker is entitled to

Shift in tastes and spending patterns emerging

in the year. “To date, the typical Chinese tourist has tended to economise on food and accommodation and splurge on the purchase of luxury goods. However, shifts in tastes and expenditure patterns are emerging,” the report noted. Higher income Chinese households earning 350,000 Rmb per year, (US$56,402), are said to be spending more on entertainment and exSee pg b3

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Latisha Forbes From L to R: Antonio Saunders, Marketing Manager Fidelity Bank, Ms. Latisha Forbes - Rubis/Fidelity Bank $1,000 Winner, Garnell Cooper, Marketing Program Coordinator Rubis Bahamas

By NATARIO McKENZIE Tribune Business Reporter nmckenzie@tribunemedia.net AN ex-Cabinet Minister said yesterday that he was “not about to lay down and play docile” amid an ongoing legal battle with the Bahamas Real Estate Association (BREA), with a judicial review looming in the next round of the contentious dispute. BREA, the regulatory body which oversees the practice of real estate business and the licensing of real estate agents in the Bahamas, has for over a year been locked in a legal battle with the former Cabinet minister George Smith over the publication of his name among 70 realtors who had George Smith failed to pay their due licence fees. Justice Deborah Fraser, in a May 12, 2015, decision, ruled in Mr Smith’s favour, accepting his argument that BREA had violated section 35 of the Real Estate (Brokers and Salesmen) Act 1995. This requires the Real Estate Board to give a hearing to all applications made to it under that law. The application in this case was one by Mr Smith for ‘re-registration’, after his name was published in a newspaper advertisement among 70 realtors who had failed to pay their due licence fees. Those realtors ceased to be registered under the Real Estate (Brokers and Salesman) Act 1995, and were no longer authorised to engage in the real estate business. BREA’s president Carla Sweeting argued then that the Board felt Mr Smith never applied for such a hearing in his July 21, 2014, letter to them - a position the judge disagreed with. See pg b3


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