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Colombo port city economic commission bill 2021

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“Poorly drafted statutes are a burden on the entire State. Judges struggle to interpret and apply them. Attorneys find it difficult to base any sure advice upon them and the citizens desire to conform to them is confused. At times, totally unforeseen results are seen… On many occasions, defects lead to litigation.”

J. Menard, Legislative Counsel.USA

The Draft Bill, titled Colombo Port City Economic Commission Act 2021, is an important piece of legislation. It can be described as a game-changer for Sri Lanka. It is the biggest foreign investment received by Sri Lanka and it can lead to a success story as in many other countries. At this stage, review of the Draft Bill is of paramount importance, as it constitutes a marketing tool along with the Master-Plan prepared by the Chinese Harbour Company Ltd.

Unfortunately, this Draft Bill was not subject to pre-parliamentary review by our professional organisations and the epistemic community. In modern times, there is a constitutional practice in Commonwealth countries to consult the stakeholders, professional bodies and the epistemic community in regard to important legislation. The Advisory Council, appointed to draft the Securities Exchange Commission Bill 2019, under Dr. Kanag Iswaran, of which I was the Drafting Consultant, decided to involve the stakeholders and those interested in the subject matter by providing them with an exposure draft. It was a very useful exercise to clarify any ambiguities, inconsistencies and grey areas which can create problems in the implementation process.

Before I deal with the review of the draft Bill, I would like to provide a global perspective on legislation relating to port cities and special economic zones.

 

GLOBAL PERSPECTIVE

Legislation relating to port cities and special economic zones differ from one jurisdiction to another. There is no uniformity in such legislation, as “one size does not fit all”.

In Latin America and the Caribbean, special economic zones or offshore financial centres have grown piece-meal over a period of time to meet the needs and demands of the international business community. At the early stage, these countries enacted International Business Companies Act with no-tax or low-tax regime. Later on, they developed offshore banking, offshore trusts, offshore captive insurance and many other products and services to satisfy the needs and demands of high net-worth individuals and corporate clients.

Bahamas Offshore Banks and Trusts Act and the BVI Offshore Companies Act stand out as success stories. Likewise, Panama has registered several offshore shipping companies and provided them with the Panamanian flag to sail around the world. Antigua and Barbuda introduced internet gambling and it was challenged by the USA, but they won the case at the WTO.

In Europe, similar developments took place in Switzerland, Ireland, Jersey, Isle of Man and Cyprus. These countries and territories have made many innovations to attract foreign investments by registering international business companies and later on by introducing various products and services. Switzerland is known for bank secrecy.

In the Middle East, new legislation was enacted to start on a clean slate. Both in Qatar and Dubai, they were confined to one piece of legislation and managed by Qatar Financial Services Authority and Dubai Financial Services Authority respectively according to regulatory policy and the law. It is very different from the way the English-speaking Common Law countries operate Special Economic Zones.

In Labuan (Malaysia), Dr. Mahatir Mohammed established the Labuan Offshore Financial Authority and introduced lengthy legislation on offshore banking, offshore trusts, offshore insurance, offshore partnerships, etc., so that they are guided by law and not by policy. It has proved to be a roaring success with the participation of a very few but very rich clientele.

In Sri Lanka, the Draft Bill provides the legal and regulatory framework to attract investments to develop the infrastructure of the Port City and also provide offshore products and services to the international business community. This legal framework is one of its kind and conceptually sound, as its scope and content can be expanded by the Economic Commission by way of Regulations, Rules, Orders and By-Laws. Hence, Sri Lanka has adopted the legislative technique of shorter Parliamentary Act and longer Executive Regulations in drafting complex legislation, as advocated by Justice Crabbe at CALC meeting in Ocho Rios, Jamaica (1986).

On reading the draft Bill, I find that there are few gaps and problems relating to legislative drafting. Hence, I wish to say something about legislative drafting before I undertake a constructive review of the draft Bill for the sake of our children and grandchildren.

 

LEGISLATIVE DRAFTING

 

Legislative Drafting is a form of communication very different to any other form of writing. It has no excess words and no repetitions. It must have clarity and simplicity, so that it could be understood clearly by stakeholders, statute users and investors.

Lord Thring, former First Parliamentary Counsel of the UK, said about 150 years ago that legislation must be drafted in the same way as razors are made to sell. Hence, legislation should be marketable, effective and efficient to achieve the objectives enumerated therein. On this basis, I will now proceed to suggest a few changes to make the draft Bill more attractive to investors and reduce ambiguities, lacunae and grey areas in the capacity of a Legislative Draftsman with 40 years standing in many Commonwealth countries.

 

REVIEW OF THE DRAFT BILL

(a) Long Title

The long title is too long. It must be clear and concise to capture the broad scope and content of the draft Bill. I humbly suggest the following long title.

AN ACT

to make the Colombo Port City a Special Economic Zone; to establish and empower the Economic Commission to promote, manage, regulate and attract investments to the Colombo Port City by establishing a single window; to attract corporate clients and high net-worth individuals to establish offshore banks, offshore companies, residential condominium units, hospitals and any other product or service; to provide investors with incentives and tax exemptions; to establish International and National Dispute Resolution Centre within the Zone; and for matters connected therewith or incidental thereto.

(b) Preamble

The preamble to the Draft Bill is not attractive and should illustrate Sri Lanka’s competitiveness by reference to her strategic position in the Indian Ocean. I humbly submit the following opening lines to the preamble.

WHEREAS

, Sri Lanka enjoys an enviable strategic advantage in the Indian Ocean as a gateway to West Asia, East Africa, Indian Sub-Continent and East Asia where the Chinese Belt and Road Initiative will impact on the Special Economic Zone along with the participation of other trading powers in this region and beyond …

(c)

Part II of the Draft Bill

Part II of the Draft Bill deals with objectives, powers, duties and functions of the Commission. It is an important part and should include a clause to ensure that the prime duty of the Commission is to prevent money laundering and inflow of terrorist financing.

Clause 5(b) should be deleted and be substituted by the following sub-clause, in order to avoid inconsistency with the Board of Investment Act –

(b) attract foreign direct investments to develop the infrastructure of the Port City with multiplier effect on the rest of the country.

It is useful to add immediately after paragraph (2) of clause 6, the following new paragraph (3), in order to allow local legal and accountancy firms in Sri Lanka to play a dynamic role as AGENTS in promoting investments in the Colombo Port City as in other Port Cities. The Offshore Directory provides a List of all agents operating in various jurisdictions. The draft Bill does not appear to provide an opportunity to our lawyers and accountants to play a dynamic role in promoting investments as agents and this should be expressly stated in paragraph(3)

(3) In the exercise, performance and discharge of its powers and duties and functions under sub-section (1), the Commission shall approve agents who may represent offshore companies, offshore banks and other investors at the Commission by being resident in Sri Lanka.

 

(d) Part III of the Draft Bill

Part III deals with the composition, administration and management of the affairs of the Commission. The Commission has exclusive responsibility in granting registration to offshore banks and companies. A question may arise whether the Commission could register an offshore bank, if the Monetary Board refuses to give a license or classifies the licence into class A, Class B and Class C Banks and impose certain conditions to protect investors as in other offshore financial centres.

The Commission needs to maintain a check-list of all black-listed investors with the assistance of other Special Economic Zones. Otherwise, criticisms will be mounted against the Commission.

The Commission needs to protect the reputation of the Colombo Port City. If something goes wrong, the Colombo Port City will not be a blessing but a curse. Hence, every endeavour should be made to prevent drug money or terrorist funds coming into the Colombo Port City in a devious manner. Such devious methods include numbered accounts and bearer shares. In this day and age, we cannot adopt the policy “Let the robber barons come”, as the international community will be watching us at every step as to how we handle our offshore business.

Lack of proper scrutiny of the investors may lead to a disaster. In Antigua and Barbuda, Robert Allen Stanford obtained a license to operate an offshore investment bank. He built several offices, condominiums and sponsored 20/20 Cricket Tournaments. Later on, he was convicted of a Ponzi scheme and was sentenced to imprisonment by an US Court for a period of 120 years. In 2015 when I visited Antigua, I was shocked to see that a part of the Financial Centre was like a Ghost City.

 

(e) Part V of the Draft Bill

Part V deals with the Director-General and the Staff of the Commission. There should be a provision in this Part to say that the Director-General and the Staff of the Commission shall be deemed to be public servants under the Bribery Act and the Penal Code.

 

(f) Part VII of the Draft Bill

Part VII deals with the registration of offshore companies. It is not something new to Sri Lanka. Offshore companies were introduced under the 1982 Companies Act, so that youth in Sri Lanka could be employed as seafarers in these offshore shipping companies. It was a dream of late Lalith Athulathmudali to register offshore shipping companies as in Panama and provide opportunities for our youth to be seafarers, marine engineers and pilots.

Offshore company registration under the Companies Act 1982 and the Companies Act 2007 failed for several reasons. The tax regime was not clearly laid down. The provisions relating to offshore companies were inadequate to deal with issues relating to offshore shipping. A provision should be included in this Part of the Draft Bill to make Regulations relating to offshore companies, especially offshore shipping companies, offshore trusts companies, offshore insurance companies, etc., if we were to develop this concept to its logical ends as a competitive destination in the offshore world.

The Economic Commission provides offshore companies with tax exemptions and fiscal incentives, case by case, and thereafter such exemptions and incentives will be submitted for Cabinet approval. Once approved, President will make an Order and it will be gazetted and be laid before Parliament. Hence, it is likely that mere brass plate offshore companies will not be able to operate in the Colombo Port City.

 

(g) Part VIII of the Draft Bill

Part VIII deals with offshore banking. The definition of “banking business” in the Draft Bill is too narrow, if we were to attract reputed banks to operate in the Colombo Port City. The definition should include Investment Banking and Islamic Banking. Regulations made under this Part are of paramount importance to avoid crisis situations. Regulations made under Clause 45 must deal with confidential relationships and bank secrecy. It is the hen that lays the golden egg, as secrecy is fundamental to attract offshore banking business.

On many occasions, law enforcement agencies of other countries may require documentation relating to bank accounts. Sometimes they will subpoena such bank officials when they enter their country. (See: USA vs Bank of Nova Scotia (1982). Hence, there should be a mechanism either in the Draft Bill or in the Regulations to deal with such requests by the Commission if there is a prima facie evidence against a particular bank or a personal account.

 

Constitutionality of the Draft Bill

 

The purpose of this article is not to deal with the constitutionality of the Draft Bill, as this matter is before the Supreme Court of Sri Lanka. The issues are likely to be very controversial but some claims relating to unconstitutionality are not justifiable and spurious. It is a different ball game as we are dealing with foreigners in regard to their offshore operations and therefore discrimination with nationals may not arise on reasonable differetia.

 

However, the failure on the part of government to provide the professional bodies an opportunity to review an important Draft Bill of this magnitude can be construed as a violation of the principles of participatory democratic process and the sovereignty of the people as enshrined in our Constitution. South African Constitutional Court in Doctors for Life vs Speaker (2006) invalidated an Act of Parliament as it failed to consult the professional bodies and the Court thereafter recommended to the Legislature to re-enact the same Act after consulting the relevant professional Bodies.

 

Concluding Remarks

Managing the Colombo Port City by the Economic Commission is an onerous task. The Draft Bill is only “the tip of the iceberg” and many regulations, rules, by-laws, etc,. need to be made to deal with offshore products and services, condominiums, time shares, stock-exchange and hospitals within its area of governance.

It is wrong, unfair and unpatriotic to say that this Draft Bill will convert the Port city into a Chinese colony.ri Lanka will welcome all countries from the East and West to establish international business companies, international banks, hospitals, condominiums, etc., in a strategic location, notwithstanding Rudyard Kipling’s saying “East is East, and West is West, and never the twain shall meet”.

Offshore business is competitive. The developed countries such as the UK and the USA have a “row” with the developing countries for initiating offshore financial centres, as they reduce their tax revenue from high net worth individuals and corporate entities. However, there is duplicity in this matter more severe than the “Geneva process”, as they encourage territories under their control to transfer money to the UK or the USA banks and stock exchanges and impose restrictions on those countries which do not transmit their deposits or invest in stock exchanges in the UK and the USA. Hence, we must be prepared to meet this challenge.

(The writer is a law graduate of the University of Ceylon and holds postgraduate qualifications from the University of Cambridge, UK. He served as UN Legal Expert, Legal Consultant and Legal Draftsman to many Asian, African and Caribbean Countries. He has drafted legislation relating to offshore products and services and handled legal issues on these matters in the Caribbean. Email: mendis_law@yahoo.com).



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Foreign policy dilemmas increase for the big and small

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‘No responsible American President can remain silent when basic human rights are violated.’ This pronouncement by US President Joe Biden should be interpreted as meaning that the supporting of human rights everywhere will be a fundamental focus of US foreign policy. Accordingly, not only the cause of the Armenians of old but the situation of the Muslim Uyghurs of China will be principal concerns for the Biden administration.

However, the challenge before the US would be take this policy stance to its logical conclusion. For example, the murder of Saudi journalist Jamal Khashoggi was one of the most heinous crimes to be committed by a state in recent times but what does the Biden administration intend to do by way of ensuring that the criminals and collaborators of the crime are brought to justice? In other words, how tough will the US get with the Saudi rulers?

Likewise, what course of action would the US take to alleviate the alleged repression being meted out to the Uyghurs of China? How does it intend to take the Chinese state to task? Equally importantly, what will the US do to make light the lot of Russian opposition leader Alexei Navalny? These are among the most urgent posers facing the US in the global human rights context.

Worse dilemmas await the US in Africa. Reports indicate that that the IS and the Taliban have begun to infiltrate West Africa in a major way, since they have been compelled to vacate the Middle East, specially Syria and Iraq. West African countries, such as, Mali, Burkina Faso, Nigeria and Mauritania are already facing the IS/Taliban blight. The latter or their proxies are in the process heaping horrendous suffering on the civilian populations concerned. How is the US intending to alleviate the cruelties being visited on these population groups. Their rights are of the first importance. If the US intends to project itself as a defender of rights everywhere, what policy program does it have in store for Africa in this connection?

It does not follow from the foregoing that issues of a kindred kind would not be confronting the US in other continents. For example, not all is well in Asia in the rights context. With the possible exception of India, very serious problems relating to democratic development bedevil most Asian states, including, of course, Sri Lanka. The task before any country laying claims to democratic credentials is to further the rights of its citizens while ensuring that they are recipients of equitable growth. As a foremost champion of fundamental rights globally, it would be up to the US to help foster democratic development in the countries concerned. And it would need to do so with an even hand. It cannot be selective in this undertaking of the first importance.

The US would also from now on need to think long and deep before involving itself militarily in a conflict-ridden Southern country. Right now it is up against a policy dilemma in Afghanistan. It is in the process of pulling out of the country after 20 years but it is leaving behind a country with veritably no future. It is leaving Afghanistan at the mercy of the Taliban once again and the commentator is right in saying that the US did not achieve much by way of bringing relief to the Afghan people.

However, the Biden administration has done somewhat well in other areas of state concern by launching a $1.9 trillion national economic and social resuscitation program, which, if effectively implemented could help the US people in a major way. The administration is also living up to the people’s hopes by getting under way an anti-Covid-19 vaccination program for senior US citizens. These ventures smack of social democracy to a degree.

The smaller countries of South Asia in particular ought to be facing their fair share of foreign policy quandaries in the wake of some of these developments. India, the number one power of the region, is in the throes of a major health crisis deriving from the pandemic but it is expected to rebound economically in an exceptional way and dominate the regional economic landscape sooner rather than later.

For example, the ADB predicts India will recover from an 8% contraction in fiscal 2020 and grow by 11% and 7% this year and next year. South Asia is expected to experience a 9.5% overall economic expansion this year but it is India that will be the chief contributor to this growth. A major factor in India’s economic fortunes will be the US’ stimulus package that will make available to India a major export market.

For the smaller states of South Asia, such as Sri Lanka, the above situation poses major foreign policy implications. While conducting cordial and fruitful relations with China is of major importance for them, they would need to ensure that their relations with India remain unruffled. This is on account of their dependence on India in a number of areas of national importance. Since India is the predominant economic power in the region, these smaller states would do well to ensure that their economic links with India continue without interruption. In fact, they may need to upgrade their economic ties with India, considering the huge economic presence of the latter. A pragmatic foreign policy is called for since our biggest neighbour’s presence just cannot be ignored.

The Sri Lankan state has reiterated its commitment to an ‘independent foreign policy’ and this is the way to go but Sri Lanka would be committing a major policy mistake by tying itself to China too closely in the military field. This would send ‘the wrong signal’ to India which is likely to be highly sensitive to the goings-on in its neighbourhood which, for it, have major security implications. A pragmatic course is best.

In terms of pragmatism, the Maldives are forging ahead, may be, in a more exceptional manner than her neighbours. Recently, she forged closer security cooperation with the US and for the Maldives this was the right way to go because the move served her national interest. And for any state, the national interest ought to be of supreme importance.

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A Sri Lankan centre for infective disease control and prevention

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The need of the hour:

BY Dr B. J. C. Perera

MBBS(Cey), DCH(Cey), DCH(Eng), MD(Paed), MRCP(UK), FRCP(Edin), FRCP(Lon), FRCPCH(UK), FSLCPaed, FCCP, Hony FRCPCH(UK), Hony. FCGP(SL)

Specialist Consultant Paediatrician and Honorary Senior Fellow, Postgraduate Institute of Medicine, University of Colombo, Sri Lanka.

On 01st July 1946, the Communicable Disease Center (CDC) of the United States of America opened its doors and occupied one floor of a small building in Atlanta, Georgia. Its primary mission was simple, yet highly challenging. It was to prevent malaria from spreading across the nation. Armed with a budget of only 10 million US dollars, and fewer than 400 employees, the agency’s early tasks included obtaining enough trucks, sprayers, and shovels necessary to wage war on mosquitoes.

It later advanced, slightly changed its name, and transformed itself into the much-acclaimed and reputed Centres for Disease Control and Prevention (CDC). It became a unique agency with an exceptional mission. They work 24/7 to protect the safety, health and security of America from threats there and around the world. Highest standards of science are maintained in this institution. CDC is the nation’s leading science-based, data-driven, service organization that protects the public’s health. For more than 70 years, they have put science into action to help children stay healthy so they can grow and learn, to help families, businesses, and communities fight disease and stay strong and to protect the health of the general public. Their are a bold promise to the nation, and even the world. With this strategic framework, CDC commits to save American lives by securing global health and America’s preparedness, eliminating disease, and ending epidemics. In a landmark move, the CDC even established a Central Asia regional office at the U.S. Consulate in Kazakhstan in 1995 and have been involved in public health initiatives in that region.

More recently, the European Centre for Disease Prevention and Control (ECDC), was established. It is an agency of the European Union, aimed at strengthening Europe’s defences against infectious diseases. The core functions cover a wide spectrum of activities such as surveillance, epidemic intelligence, response, scientific advice, microbiology, preparedness, public health training, international relations, health communication, and the scientific journal Eurosurveillance.

Still later on, the African CDC (ACDC) was born. It strengthens the capacity and capability of Africa’s public health institutions, as well as partnerships, to detect and respond quickly and effectively to disease threats and outbreaks, based on data-driven interventions and programmes.

All these organisations are autonomous, independent, and are confidently dedicated to hold science to be sacred. They play a major role in advocacy and work in a committed advisory capacity. With the cataclysmic effects of the current coronavirus pandemic COVID-19, the contributions made by these institutions are priceless. What is quite important is that they are able to provide specific recommendations based on the latest scientific information available for countries and nations in their regions, even taking into account the many considerations that are explicit and even unique to their regions. All these organisations have been provided with optimal facilities and human resources. The real value of their contribution is related to just one phenomenon: AUTONOMY.

Well…, isn’t it the time for us to start a Sri Lankan Centre for Infective Disease Control and Prevention (SLCIDC)? It should be formulated as an agency constantly striving, day in and day out, to safeguard the health of the public. Science and unbending commitment to evaluation of research on a given topic should be their operating mantra. It would work as a completely apolitical organisation and what we can recommend is that it would be directly under the President of the Democratic Socialist Republic of Sri Lanka, unswervingly reporting to and accountable to the President. It would consist of medical doctors, scientists and researchers but no politicians of any sort, no non-medical or non-scientist persons, no hangers on and no business persons. All appointments to the SLCIDC will be made by the President of the country, perhaps in consultation with medical professional organisations.

The prime duty of the SLCIDC would be to assess the on-going situation of any infective issue that has any effect on the health of the public. The organisation will undertake in-depth examination and assessment of a given situation caused by an infective organism. They need to have all relevant data from within the country as well as from outside the country. There will not be any vacillation of the opinions expressed by them and their considered views should not be coloured by any consideration apart from science and research done locally and worldwide. Their considered opinion would be conveyed directly to the President of the country. They are free to issue statements to keep the public informed about the results of their deliberations.

We believe that it would be a step in the right direction; perhaps even a giant step for our nation, not only during the current coronavirus pandemic but also on any major problems of an infective nature that might occur in the future.

 

This writer wishes to acknowledge a colleague, a Consultant Physician, who first mooted this idea during a friendly conversation.

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Kudurai Madiri Pona

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The big jumbo has come from the French land and as the French themselves say it is ‘annus mirabillis’ the miracle year, finally, and finally the wait is over. The world will now see the Big- Bus that we all waited for so long to see. As the years roll by, none would talk of delays regarding the delays on delivery dates and how late the bird flew in. These would be like words written on a blackboard, erased forever. But the aeroplane will grace the sky and, perhaps rewrite all the records of commercial aviation when the mega-miracle A380 dominates the international air-routes.

Singapore Airlines went into the record books as the launch customer. Some of my old friends from SIA would fly the A380. Perhaps, Luke would, too, and this story is about him. Luke of yesteryear and how he first flew as a cadet and how young Luke and I went romping the skies in our own special way, writing a few new lines in the flight training manual.

Luke was from Johor Baru, in Malaysia. His roots were in South India where years ago his grandfather had done a Robinson Crusoe and ended up in the Malayan Peninsula. Luke was named after one of the four Gospel scribes. Luke really isn’t his name. It is a pseudonym, I use just to give him some anonymity. Not much protection, but one is to three are playable odds. Like in Rumple stiltskin the manikin, you are welcome to guess the name.

We first flew to Seoul. He, straight out of flying College, and yours truly, as old as the hills, driving the ‘Jumbo’ classic, the lovable 747. The first thing I noticed about him was his socks, black and white diamond shapes, a mini version of the flags they swing at Grand Prix finals – if Luke swung his feet, a Ferrari would pass underneath. That we sorted out the first day itself. In Seoul,he went shopping and the next day he was Zorro, waist to toe, black as a crow.

His flying credentials were all there, somewhat mixed up between what they teach in modern flying schools and how to apply the ‘ivory tower’ jargon to cope with the big 747. As for raw handling of the aeroplane, all his skills were intact, only they were in bits and pieces and spread in places like an Irida Pola (Sunday Fair). They had to be streamlined, the wet market needed to be modified to a ‘Seven-Eleven’ – that was my job.

The next round we went flying to Europe, his first run to the unknown, like Gagarin in his Sputnik, young Luke flew to Rome. The flying was same as before, a bit mixed up amidst the hundreds of aero dynamical paraphernalia that spelled out from the encyclopaedic collection of books that he had to study.

That’s when I decided to change the tide.

‘Luke my friend,” I said to him in a fatherly fashion.

‘You and I are from similar fields, you from Kerala and me from Sri Lanka. These Min Drag Curves and VFEs and WAT limits and VLEs are too much for us. Just remember when you pull the stick back, the houses will become smaller and when you push the stick down, the houses will become bigger, that’s climbing and descending this monster,” I explained the simple theory of flight.

“As for landing my friend, Kudurai Madiri Pona, just ride it like a horse.”

That was it. We flew, over Europe and he flew like a Trojan, bravely battling the weather and the overcrowded skies. Every time he came in to land it was pure and simple Kudurai Madiri Pona and the big jumbo responded and touched down on the concrete as smooth as a honeymoon lover.

On the way back, we flew via Colombo, that’s my home ground. I requested the radar controller to give Luke a very short ‘four-mile’ final. They know me well here and the controller said “No problem, Captain.”

I was depicting what we did in the Old Hong Kong Airport or what we do in the Canarsi Approach in New York; both, most demanding. A ‘four-mile’ final is a challenge for anyone. I was throwing him in at the deep end and I had no doubt Luke could manage. He came in tight and right, like Hopalong Cassidy and rode the horse straight and beautiful to do a perfect landing. Gone was the Kampong kid and his ‘Irida Pola’ flying, this was Takashimaya and Robinsons rolled into one, everything was in place, nice and shining and professional to the tee.

That was our little story, Luke the ‘jockey’ and me. Sometimes in the field of training, the script needs a little changing. New acts to be introduced to suit the stage. That is the essence of teaching, different hurdles for different horses. It wasn’t for Luke to learn what I knew, more so, it was for me to know who he was and what he could cope with. That part was difficult to find in the flying training manual, and so was Kudurai Madiri Pona.

The world has gotten older and young Luke now wears four stripes and flies in command of Boeing Triple Sevens, fly-by-wire and multiple computers. I met him a few times, flew as his passenger, too, with great pride. “Captain Luke is in command,” the stewardess announced, and silently and gratefully I said, ‘Amen’.

I saw him walking down the aisle, looking for me. Same old Luke in his flat and uncombed Julius Ceaser hairstyle. He came to my seat and grinned and shook my hand and lightly lifted his trouser leg and said,

“Captain, the socks are black and it is still Kudurai Madiri Pona.

I am sure Luke will fly in command of the gigantic A380 one day. That’s a certainty. It would be the zenith for any pilot. Luke is ready, that I know. He is competent, polished and professional and will wear socks as black as midnight. It’s nice that he remembers his beginnings. That’s what flying is all about, that’s what life is all about.

Kudurai Madiri Pona

– ride it like a horse. Some flying lesson.

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