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TWO ACCLAIMED LAWYERS FROM CEYLON WHO MIGRATED DURING THE DAYS OF “WHITE AUSTRALIA” IMMIGRATION POLICIES

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by Hugh Karunanayake 

The names Leslie de Saram and Aubrey Martensz are not likely to evoke sentiment of any kind from contemporary Sri Lankans. They were two outstanding lawyers who not only dominated legal practice and legal education, but also were very influential members of the profession and of Colombo’s social scene.

 Both de Saram and Martensz were at various times partners of the well known legal firm FJ and G De Saram, founded by Leslie de Saram’s grandfather, FJ de Saram Senior, in 1841. F.J. De Saram (Snr) was the grandson of Maha Mudaliyar Christtofel  de Saram, the son of Johan Henriques de Saram who was only 14-years old when taken to England by Governor Maitland, handpicked from among the leading “native” families as suitable for higher studies. That head start created a dynasty of lawyers.

It is widely acknowledged that the transformation of the island’s economy from a peasant based subsistence economy to a surplus making plantation economy after the British conquest of Ceylon, was characterised by a massive transfer of ownership of both crown land and private holdings. Lands were sold to entrepreneurs from Britain who initially planted coffee, and later tea and rubber.

The legal conveyancing which was necessary to establish ownership was dominated by three legal practices, viz that of FJ de Saram, VA Julius and FC Loos. All three virtually monopolised the conveyancing associated with the sale of crown land, as well as commercial properties associated with the plantation sector in Colombo.

FJ de Saram later formed a partnership with his relative George de Saram to form the well known firm of FJ and G de Saram. FC Loos whose son Hermann is best remembered for the Hermann Loos trophy, awarded to the best cadet contingent among competing schools did not perpetuate his legal practice through succeeding generations. VA Julius in association with his partner, Harry Creasy, formed the redoubtable firm of lawyers Julius and Creasy, which  virtually monopolised the legal work of British companies in Ceylon during the  Twentieth Century.

The partnership created by FJ de Saram (senior) is now in its 181 st year of existence and still in command of extensive legal work from the country’s large mercantile sector.

It may be appropriate if we discuss the lives of Leslie de Saram and Aubrey Martensz in relation to their family and its position in Sri Lankan society in order give  better perspective to their roles in public life. A  fact that is hardly remembered today is that  the family was dominant in national life from the beginning of the 19th Century when the British took over the administration of the country, continuing well into the 21st century.

The De Saram and Martensz families began their association when FJ de Saram (Snr) commenced work under Proctor Andries Martensz on May 13, 1841. Proctor Martensz was the administrator of de Saram’s grandfather, Maha Mudaliyar Christtofel de Saram’s Estate. De Saram just 19- years of age at the time applied for enrolment as a Proctor two years later.

The association between the two families became closer when De Saram sought the hand of Martensz’s daughter Ann in marriage. The couple married on October 12, 1843, the groom just over 21-years old and the bride over 16-years of age. While the De Sarams considered themselves Sinhalese in ethnicity, Ann Martensz ‘s mother and maternal grandparents were Dutch. The link between the two families bonded by marriage, was to last over 140 years.

  FJ de Saram’s  (Senior) marriage to Ann produced 12 sons and daughters. He died at 49- years of age. His son FJ de Saram  (jnr) was only 22 years of age at the time.

The partnership continued with FJ de Saram (Jnr) and his brothers until the entry of Leslie de Saram the eldest son of  FJ de Saram Jnr who had two other sons Stanley and Eustace. Eustace died in 1919. Stanley joined the firm and was a partner until  he was invited by Leechman and Co to be a Partner  on its Board, and was its first Ceylonese Chairman.

He was appointed Chairman  over the heads of many Senior British executives who were assured by the departing Chairman that Stanley De Saram’s position will enhance both the reputation and the business outreach of the firm.

Leslie continued to  be the senior partner of FJ and G de Sarams, a position he reached in 1918. It has been said that Leslie’s father FJ de Saram (Jnr) trebled the  volume of  business to which he succeeded and it could be safely concluded that under Leslie’s leadership, the business would have even expanded more.

Like his grandfather,  Leslie  married  a Martensz; Theodora Martensz who was a first cousin, thus continuing the close links between the De Saram and Martensz families. Three of Theodora’s brothers became partners of the firm. Two of them Aubrey and David became Senior partners.

Leslie was known to be an avid collector of antiques of which he had amassed a large  and unique collection and was  on display at his home “Brentham” in Cambridge Place.  Some of the more notable unique items in his collection included a grandfather clock once owned by a Dutch Governor. He also had guns, swords and other implements of warfare used by the last King of Kandy Sri Wickrema Rajasinghe.

The clock and and his collection of rare books were donated to the newly established Peradeniya University, the Vice Chancellor of which Sir Ivor Jennings had been a close friend. The clock however came to a sorry end during a student uprising, the students apparently unaware of the historical significance of the antique clock, or perhaps not bothered  about its significance even if they were aware.

Another notable donation was his donation of his 35-acre farm at Gurutalawa to St Thomas College. Although Leslie, his, father, grandfather, and great grandfather had all received their education  at Royal College, ( the school of their fathers who learnt the way before them!) they were all very supportive of the Anglican Church, hence the donation to S Thomas College of which he was a member of the Board of Governors.

Another notable donation was the gift of two personal contributions of 5000 British pounds each,  to the war effort during World War 2. The gift was made with the request that the source be not revealed but the Governor, Sir Andrew Caldecott, made a personal request that the gift be given publicity as it would encourage others to follow suit.

Philanthropy was nothing new to the de Sarams as FJ de Saram Jnr, Leslie’s father had donated the cost of an aircraft to the British war effort in World War 1. Leslie’s brother, Stanley. like Leslie, also resided in a large mansion in Cambridge Place called “The Eyds.” He and his wife Aimee, were  gracious hosts to  Lady Clementine Churchill, the wife of Sir Winston Churchill who spent  a fortnight’s  holiday with the de Sarams in January 1956.

Clementine was recuperating from an illness and desired to spend some time in Ceylon. The British High Commission in Colombo felt that it would have been good if the visitors were hosted in a private home rather than in an impersonal hotel. They were aware that Stanley de Saram and his wife lived in a splendidly fitted home and served by a dozen domestic staff including a butler, chef and others.

At the time social life at the upper end in Colombo was dominated by British expatriates who dominated the Mercantile sector of Ceylon. However the High Commissioner felt that Stanley de Saram  was the best suited and equipped to play hosts to the VIPs and approached the de Sarams who readily agreed.

That visit by Lady Clementine Churchill and her cousin and closest friend Sylvia Henley was reciprocated by an invitation to spend a holiday with the Churchills in  their home Chartwell in Kent where the de Sarams enjoyed a memorable holiday a few months later.  Both  Leslie and Stanley had no children. Leslie however adopted the two children of a sister of his.

A man described as “to the manor born” Leslie chose to spend his retirement in England, but later decided on Australia as he could not withstand the cold winters of England. His home in Cambridge Place, opposite the Colombo Museum was purchased by the Australian Government and served as its Embassy for several decades.

Leslie de Saram  settled down in Canberra  but also had a home in Sevenoaks, Kent, in England  where he passed away at the age of 84 in in 1961. A great Ceylonese who had played a significant role in the development of  the country passed away as quietly as he lived.

J Aubrey Martensz born on September 5, 1885 and educated at Royal College was a Senior Partner of the firm of FJ and G de Saram in 1947 and 1948. He was a close friend of the Prime Minister DS Senanayake who appointed him as Ceylon’s first High Commissioner to Australia in July 1948.

In April 1947 the First Australian High Commissioner in Ceylon, Mr CW Frost, cabled to Canberra on the impending appointment of Mr Aubrey Martensz. His cable stated “Mr Martensz, aged 63 is a nominated member of the House of Representatives. He is a Burgher and a prominent Solicitor until he discontinued practice on appointment to Parliament. Of high social standing he is well liked by all communities and all members of Government.”.

After completing his tenure as High Commissioner, he returned to Ceylon where he was appointed Chairman of the Associated Newspapers of Ceylon Ltd. Mr Martennz was a  bachelor and he later  migrated to Australia where he lived in Canberra in retirement. He died in March 1963 aged 78 years. In the  biographical note which was maintained by the Australian Government regarding  Mr Martesnz’s ethnic makeup was described as 62 ½  % Dutch, 25% Scottish, and 12 ½ % Sinhalese.

On looking back at the family structures of the De Sarams and the Martenszs the many intermarriages between the two families suggest that they were from one composite family rather than of two branches.  Both Leslie de Saram and Aubrey Martensz were legal  professionals who shone in their sphere of work, and were elite members of an urban society dominated by European manners and customs.

Their philanthropy, the concern for the less fortunate, and the leadership given to setting the pace for high public standards, integrity in public life, and dedication to the country, are some values sadly lacking in Sri Lanka of recent times. Their lives however could  be hailed as of such quality and standard as  could be  emulated by contemporary and future Sri Lankans.

 (Acknowledgement: “160 year practice of a Law firm in its historical setting” published by FJ and G de Saram, Colombo 2001. This essay was  contributed by Hugh Karunanayake to a compendium of essays published under the title “Pursuing a Vision of Justice” Essays in honour of Maitri Panagoda, published by Vijitha Yapa May 2022.)



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Features

The challenge of being positive about SAARC

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The RCSS forum addressed by SAARC Secretary General Ambassador Md. Golam Sarwar in progress. (Pic courtesy RCSS)

It was a few years back that a former President of Sri Lanka took it on himself to pronounce SAARC ‘dead’. Since then there have been other sections of Sri Lankan opinion that have joined the critics of SAARC and taken the solemn stance that SAARC has indeed died what may be called a natural death.

Their fatalism is understandable. SAARC has failed to meet at heads of government or state level for the past several years to take the SAARC process notably forward. Regional cooperation has more or less been only an appealing idea. No substantive concrete projects have taken off to make the idea a hard reality. ‘Inner paralysis’ seems to be SAARC’s lot. Hence the fatalism in these circles.

However, being one of the worst cash-strapped regions of the world and a teemingly populated one with people virtually left to their devices, what choices do the ‘SAARC Eight’ have other than to try their best to band together and continue with their cooperation efforts, however small they may be?

There is no escaping the mounting debt trap for many of these countries and bankrupt Sri Lanka is a glaring example, but ‘throwing in the towel’ and abandoning themselves entirely to the diktats of the strongest economies and their agencies will prove a ‘living death’ for many countries in the SAARC fold.

The gains may be meagre but giving-up on SAARC cooperation in full would prove self-defeating for the organization and South Asia. Right now, the collective intention ought to be to salvage what the region could from the tenuous cooperative efforts. Moreover, such initiatives could go some distance to generate a degree of goodwill among the Eight and help in sustaining a dialogue process.

Given this backdrop it proved ‘a stich in time’ for the Regional Centre for Strategic Studies (RCSS), Colombo, to recently host the SAARC Secretary General Ambassador Md. Golam Sarwar to a round table discussion on the unifying potential of SAARC and its future possibilities, besides other related issue areas.

Held on June 24th and moderated by RCSS Executive Director and former ambassador Ravinatha Aryasinha, the forum brought together a vibrant, wide ranging audience comprising academicians, diplomats, senior public servants, civil society activists and many others. Following the presentation by Ambassador Golam Sarwar titled, ‘Reigniting SAARC: Achievements, Challenges and the Way Ahead’, a lively Q&A followed.

The above forum could be described as an act of lighting the proverbial ‘candle’ rather than ‘cursing the darkness.’ It surely is a ‘darkness’ that could be seen as daunting considering that the region’s pivotal powers, India and Pakistan, are failing to act in a spirit of accord but are engaged in bitter finger-pointing on a number of questions of vital importance to SAARC.

On the other hand, what is the rest of the region doing to bring the above sides together? It is disappointing that to date the rest of SAARC has failed to launch a major diplomatic drive to bring peace between the feuding regional heavyweights. It needs to act without delay and establish its earnestness and this effort would need to prove SAARC’s staying power in the unfolding months and even years.

In assessing SAARC’s seeming failure local opinion in particular has failed to factor in what could be described as weak leadership. Since Sheikh Mujibur Rahman of Bangladesh, the founding father of SAARC, the region has failed to produce a visionary leader who could advance the SAARC cause with charisma and drive.

Among other reasons, weak leadership accounts considerably for the faltering and stuttering status, as it were, of SAARC. Badly needed are leaders who could go the extra mile, think less of narrow national interests and work diligently towards the collective well being of the region but SAARC’s millions of ordinary people have been made to wait in vain for leaders of such stature. Instead, they have been burdened with politicians who seem to be relishing the apparently moribund state of SAARC.

Looking back, it could be said that it was the dynamic leadership factor that led to the launching of the Non-Aligned Movement and for its sustenance for a few decades. True, it could be seen in some quarters that NAM is no more, but as in the case of SAARC, the former too has been unfortunate to be burdened over the years with politicians who lack the vision and drive to unflaggingly advance the fortunes of the South. NAM and SAARC lack the dynamism and vision of leaders of the stature of Jawaharlal Nehru, for example, to give them the required guidance and intellectual depth.

The reasons are complex for there not being among us currently political leaders with the vision and the steadfast commitment to advance the legitimate interests of the South. However, it could be stated with conviction that the majority of Southern leaders have too easily caved in to the demands of the global North and its financial agencies.

These leaders have failed to see, for instance, that the largely market economy oriented Northern governments would not view with favour a centrist economic model that attaches priority to the interests of the dis-empowered publics of the South. This realization ought to have dawned on the current government in Sri Lanka, for instance, some while ago but it has no choice but to abide by IMF dictates since economic survival at present is unthinkable without the latter’s succour.

Accordingly for SAARC this should be the time for some soul-searching. Priority needs to be attached to ending the feuding between India and Pakistan since at present the material fortunes of the region hinge largely on these regional giants giving peaceful relations among them a try. This is no easy challenge to meet but some daring, visionary diplomacy needs to take hold among the rest of SAARC.

There is some sense in SAARC bringing the peoples of the region together through programs that address their best collective interests. A meeting of minds among SAARC nations could enable SAARC and its agencies to build a region-wide people’s movement for progressive political and economic change that could in turn lead to the region’s political leaders sensitizing themselves more to the neglected needs of their publics.

However, the time is ‘now’ for the initiation of these progressive changes and the voice of SAARC well wishers would need to drown out those of their critics.

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OPA seminar examines Sri Lanka’s economic recovery, resilience and growth pathways

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(L to R) Dr Achinthya Koswatte, Anushan Kapilan, Dr Harsha Aturupane, Bhanu Wijeyaratne, Vice President, OPA and moderator of the discussion, and Eng Chamil Edirimuny, General Secretary, OPA, at the head table.

A seminar, “Sri Lanka’s Economic Crossroads: Navigating Recovery, Resilience and Growth” was recently held by the Organisation of Professional Associations of Sri Lanka (OPA) at the OPA Auditorium, bringing together economists, OPA members, and professionals from diverse fields for an insightful discussion on Sri Lanka’s economic recovery and future growth prospects.

The event was held under the patronage of Jayantha Gallehewa, President of the OPA, and was jointly organised by the National Issues Committee (NIC) and the Seminars, Workshops and Programmes Committee of the OPA. The event reaffirmed the organisation’s commitment to advancing professional excellence, fostering insightful intellectual engagement, facilitating interdisciplinary knowledge exchange and creating a constructive platform for informed dialogue on issues of national importance.

The panel of speakers comprised Dr. Harsha Aturupane, Lead Economist and Programme Leader for Human Development at the World Bank for Sri Lanka and the Maldives; Dr. Achinthya Koswatta, Senior Lecturer in Economics at the Open University of Sri Lanka, and Anushan Kapilan, Lead Economist at Verité Research.

In his welcome address, the President of the OPA emphasised that Sri Lanka was at a critical juncture in its economic recovery journey where sustained reforms, effective implementation, and collective national commitment are essential to achieving long-term stability, resilience and inclusive growth. He noted that the country had experienced one of the most severe economic crises in its history with the economy contracting by 7.8 percent in 2022 and a further 11.5 percent in 2023, resulting in significant economic and social challenges.

Delivering his introductory remarks Bhanu Wijeyaratne, Vice President of the OPA and Chairman of the National Issues Committee, underscored the need to move beyond short-term economic stabilisation towards a comprehensive agenda of structural transformation. He observed that the economic crisis had revealed deep-rooted weaknesses within the economy, including persistent fiscal pressures, rising public debt, foreign exchange limitations, and insufficient diversification of the export base. He stressed that addressing these challenges through strategic reforms, institutional strengthening and long-term economic planning would be essential to establishing a more resilient and competitive economy.

While acknowledging recent positive developments, including improved inflation management, tourism recovery and signs of economic stabilisation, Wijeyaratne stressed the need to advance reforms aimed at strengthening fiscal discipline, enhancing productivity, improving competitiveness, developing human capital and reinforcing governance and institutional effectiveness.

He further highlighted the important role of professionals, businesses, academia and other stakeholders in contributing to evidence-based dialogue and supporting Sri Lanka’s journey towards a resilient, inclusive and sustainable economic future.

Delivering the keynote presentation, Dr. Harsha Aturupane provided a comprehensive assessment of Sri Lanka’s economic prospects within the broader context of global economic transformation. He argued that Sri Lanka functioned as a small open economy whose performance is significantly influenced by developments in the global marketplace. External factors could not be controlled, and the country must strengthen its domestic capacity and resilience to respond effectively to international economic shifts, he noted.

Tracing the evolution of global economic systems, Dr. Aturupane highlighted the transition from ideological divisions between state-controlled and market-oriented economies towards increasingly pragmatic approaches focused on growth, competitiveness and development. He noted that Sri Lanka’s own economic journey reflects a similar evolution, with contemporary policy debates now centred on practical solutions for sustainable economic progress.

The presentation also examined the transformative impact of globalisation. Dr. Aturupane observed that global economic integration had enabled several East Asian economies, including South Korea, Singapore, Taiwan and Hong Kong, to achieve remarkable economic advancement through export-led growth strategies. Sri Lanka similarly benefited from this process through the expansion of its apparel industry and increased integration into global value chains.

Turning to Sri Lanka’s recovery programme, Dr. Aturupane emphasised that the ongoing stabilisation process should be viewed as a national programme supported by the International Monetary Fund rather than solely as an IMF initiative. He observed that strong worker remittances, improved tourism earnings, enhanced government revenue mobilisation and prudent import management have contributed significantly to economic stabilisation.

Despite this progress, he cautioned that rebuilding foreign exchange reserves and meeting future debt obligations remain major challenges. He underscored the need to strengthen export performance, attract investment and generate sustainable foreign exchange earnings to ensure long-term economic resilience.

The discussion also focused on monetary stability, inflation management and exchange-rate policy. Dr. Aturupane stressed that maintaining price stability was fundamental to sustainable growth and household welfare, while sound monetary policy remains essential for preserving economic confidence.

Looking beyond stabilisation, he argued that Sri Lanka must transition towards a broader economic transformation agenda. Sustainable growth, he noted, will depend on expanding productive capacity through investment, technological advancement, innovation, skills development and structural reforms.

Among the key constraints identified was the high cost of energy, which continues to affect competitiveness and investment attractiveness. Dr. Aturupane emphasised the importance of improving efficiency and affordability within the energy sector to enhance Sri Lanka’s business environment.

He further highlighted the social dimensions of the crisis, noting the rise in poverty and economic vulnerability among households. Strengthening social protection systems and ensuring inclusive growth, he argued, must remain central components of the national development agenda.

Another critical challenge identified was Sri Lanka’s demographic transition. With an ageing population, outward migration and evolving labour market dynamics, the country is increasingly confronting labour shortages in several sectors. Dr. Aturupane suggested that greater automation, increased labour-force participation and strategic workforce planning would be necessary to address these emerging realities.

Concluding his presentation, he emphasised the need to improve governance, strengthen institutions, enhance competitiveness and create an enabling environment for private sector investment. Sri Lanka’s future success, he noted, will depend on its ability to move decisively beyond crisis management towards a development model founded on resilience, innovation, productivity and inclusive growth.

Dr. Achinthya Koswatta reiterated the importance of policy consistency and predictability in fostering investment and industrial development. She observed that frequent policy changes create uncertainty and discourage long-term investment decisions, whereas stable and coherent policy frameworks build confidence and support sustainable economic transformation.

Meanwhile, Anushan Kapilan highlighted the substantial progress achieved in restoring macroeconomic stability following the recent crisis. He noted significant improvements in fiscal performance, including increased government revenue, reduced reliance on debt financing and a historically low fiscal deficit.

He further observed that public debt levels are declining faster than anticipated, economic growth has exceeded expectations and inflation has been brought under control more rapidly than forecast. Nevertheless, he cautioned that the recovery remains uneven, particularly within the industrial sector and that many households have yet to experience a meaningful improvement in living standards.

The seminar was expertly coordinated by Eng. Chamil Edirimuni, Vice President of the OPA and Chairman of the Seminars, Workshops and Programmes Committee, while the technical moderation and interactive discussion session were facilitated by Bhanu Wijeyaratne, Vice President of the OPA and Chairman of the National Issues Committee.

The event was attended by Tisara De Silva, President-Elect of the OPA, Eng. Ravi Rupasinghe, General Secretary, Past Presidents, members of the Executive Council, representatives of the General Forum and professionals representing a wide range of disciplines.

The seminar concluded with a vibrant exchange of ideas and perspectives, reaffirming the importance of evidence-based policy dialogue, institutional collaboration and collective national commitment in advancing Sri Lanka’s economic recovery, resilience and sustainable growth.

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Her roots run deep in Sri Lanka

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Samantha Kay: Now based in the UK Samantha’s biggest passion is helping people, especially women, build confidence and believe in themselves Today, her focus is on radio, podcasting and coaching women Whenever she visits Sri Lanka, she says she loves spending time on the beautiful south coast, especially Hikkaduwa and Mirissa She released a song with 90s music icon Angie Brown, which reached No. 9 in the UK Club Charts

Yes, for UK-based presenter and artiste Samantha Kay, home is where the heart – and the roots – are. And her roots run deep in Sri Lanka.

In an exclusive interview with The Island, Samantha says “I’m proud to be Sri Lankan. My mum is from Kandy and my dad is from Colombo, so Sri Lanka has always held a very special place in my heart.

“Whenever I visit Sri Lanka, I love spending time on the beautiful south coast, especially Hikkaduwa and Mirissa. It’s somewhere I always feel connected to my roots and completely at peace.”

Now living in Bournemouth, on the south coast of England, where, she says, she is lucky to be close to some of the UK’s most beautiful beaches, including the iconic Sandbanks, Samantha has built a career that refuses to fit into one box.

She is a radio presenter, podcast host, singer-songwriter, personal trainer and life coach.

“I genuinely love the variety because every role allows me to connect with people and, hopefully, make a positive difference in someone’s day.”

Of course, music has taken her far.

One of her proudest achievements, she says, was releasing a song with 90s music icon Angie Brown, which reached No. 9 in the UK Club Charts.

She also reached the final stages of The X Factor and performed at Wembley Stadium in front of thousands.

Beyond music, Samantha competed in bikini bodybuilding across the UK, winning several titles. “It taught me discipline, resilience and self-belief,” she recalls.

Today, her focus is on radio, podcasting and coaching women. Her podcast encourages people to live life on their own terms rather than feeling pressured to follow society’s expectations.

Says Samantha: “Whether someone is single, changing careers, travelling solo or simply trying to find their purpose, I want them to know that it’s never too late to create a life that feels authentic. If you’ve ever felt like you don’t fit into the box, maybe you were never meant to.”

Samantha Kay also spent a year in Dubai, performing at five-star hotels, including FIVE, and coaching at the iconic outdoor gym on Palm Jumeirah.

“I taught strength and conditioning classes, and hosted wellness retreats, combining my passion for music, health and inspiring others.”

However, with family matters calling her back to the UK, she made the choice to return. “Family comes first,” she says.

Looking ahead, Samantha plans to grow her radio and podcast work, release more music, and expand her wellness retreats.

“My biggest passion is helping people, especially women, build confidence and believe in themselves,” she says.

“Wherever my career takes me, I hope to continue inspiring others to live with courage, kindness and authenticity, while never forgetting my Sri Lankan roots.”

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