“Tell me what country allows you
to have a 100 per cent banking licence, to allow foreigners to own 100 per cent
in the telecom sector, to allow foreigners to own 100 per cent of the
agricultural business? Only Cambodia.”
Commerce Minister Sun Chanthol, 8
October 2014, the Phnom Penh Post
“You [foreign investors] have a
dollarized economy here; you’re able to repatriate your revenue; if you make
money you can take it with you; you can basically have 100 percent foreign
ownership; there are tax preferences here in Cambodia that are frankly better
than in the region.”
US
Ambassador William Todd, 8 July 2014, the Cambodia Daily
“During the [trade]
presentations, I made a statement that when I come back to Cambodia I will need
to talk to our prime minister to nominate Ambassador Todd to be our expert or
an official on the CDC (Council for the Development of Cambodia)… He’s done
such a great job making presentations…in terms of the investment opportunities
in the country and I really appreciate that, ambassador. You’ve done such a
tremendous job for us.”
Commerce Minister Sun Chanthol, 8
October 2014, the Phnom Penh Post
“When they [foreign lawyers] come to our country, they
act as if the Bar never exists. They go straight and set up a legal consulting
company with Ministry of Commerce and apply for business and legal
consulting services from tax department... then immediately start to
provide legal services, they do not even care about consulting with the Bar to
see whether their business is legal or try to apply for registration with the
Bar to see if the bar can accept it.”
Former
Bar secretary-general and HBS LAW managing director Ly Tayseng, 5 May 2015,
Campro Forum
“Their illegal practice [not registering with the Bar] has
affected confidence and value of the legal profession, and damaged the
interests of the public.”
Bar Association
of the Kingdom of Cambodia, 8 December 2014 Statement
So, what can those 50 illegal foreign lawyers do – they are violating
the local law by refusing to register with the Bar – that Bar’s members of
almost 1,000 cannot? A fair bit, actually.
First, they come with monies foreign investors bring into
the country. It is unlikely that the investors would fly in solo with millions
of dollars without their own lawyers, or at least without lawyers they can trust,
which immediately disqualifies local lawyers. Or the local lawyers would find
it tough to secure the trust.
Second, the foreign investors and their lawyers must know
how the Cambodian court system works. It does not necessarily require legal
skill in a court of law that allows free flows of bribes. It is an open secret
that money can buy the “right” connection that opens all doors – even those
with rusty locks. And it does not need an Einstein brain to identify where the
right connection is. Here some local lawyers may be of some use as long as they
specialise in connection networks.
The Bar’s sudden urge to uphold the rule of law may carry
little weight, if any. The hard sell of Cambodia as a place for foreign monies
by Sun Chantol gives a distinct impression that nothing will be allowed to
stand in the way. The cosy relationship between Sun Chantol and William Todd,
who is outspoken in protecting the foreign lawyers’ interest, will throw the
Bar’s rule of law rhetoric into Choeung Ek dumpsite. Why do the Ministry of
Commerce and/or the tax department not refer those foreign lawyers who wish to
set up legal services to the Bar? Don’t they know the Bar exists? Don’t they realise
there are rules on practising laws in the country? Or, they simply don’t care
about the rule of law as long as the money flows in.
Then, what can premier Hun
Sen, who is a member of the Bar, do to force these foreigners to register? Very
little, really. His livelihood is not connected to running any legal practices
like other Bar members. The threat of bankruptcy that purportedly arises from
the unregistered foreign lawyers does not stare him in the face. His sole
interest is in the money foreigners bring in.
The Bar’s campaign to
apply the registration rule for all is facing defeat; it has fallen on deaf
ears. A consolation prize is that the Bar, which is a union for lawyers, is not
alone in failing to uphold the rule of law. Other unions of workers and other
victims of money have been there, and bitterly disappointed. The Bar’s concern
for damages these illegal practices do to public interest is touching. However,
it is about time they knew it is an illegal jungle out there. And those with
the most money win.
Anyhow, it may be
comforting to know the rule by law, or the golden rule – those who have the
gold make the rules – does not discriminate whether workers are in factories or
legal practices.
Ung Bun Ang
30v15
Parthian Shot
It sounds like a fair court system that does not
discriminate between the bright and not so bright of the Royal Academy for
Judicial Professions (RAJP) graduates. When it is not so certain who should
make more money as a judge or prosecutor, the Academy opts for the lottery to
determine the future wealth of their graduates.
At least the lazy thinking is consistent with the golden rule
that does not discriminate whether it is the Bar or other unions it runs over.
“The reason we chose this [lottery] method is because we
do not want to compel the one who is outstanding or weak to become a judge or a
prosecutor; we leave it for luck to decide.”
RAJP
president Chhorn Proloeung, 28 November 2014
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