LEGAL NOTES

Following my recent article on the need to implement seat belt laws, I have received a couple of useful comments. They point out that we also need to look at related areas such as making child restraints in vehicles mandatory.

In recent times the crimes of theft, robbery and burglary have skyrocketed in Anguilla. Remember the days when you could go to sleep with your front door open, or leave your car unlocked all day? Nowadays it would be foolhardy to do either. As our society develops in a material way, so too does the human instinct to do everything possible to “get rich quick”. If this means depriving someone of their property, even by violent means, the criminals in our midst apparently do not think twice about committing their dastardly deeds.

A person who dies without making a will is said to have died ‘intestate”. Sometimes, even if a person makes a will it can fail for a number of reasons. For example, the will may not be signed at the end, or there may be only one witness instead of two. In this situation, the deceased is also regarded as being intestate.

One of the most important documents that a person will ever sign is his will. A will enables a person, during his lifetime, to clearly state how he wishes his property to be disposed of when he dies. This avoids uncertainty, delays, expenses, disputes and so on, which can result when a person dies without a will (ie, dies “intestate”). My next article will look at the situation where a person dies intestate.

The law has long recognized adoption as a lawful way for persons who are not the biological parents to gain legal parental rights with respect to an “infant”. The Adoption Act of Anguilla defines an infant as a person under 18 years of age who has never been married.

The law of homicide deals with the unlawful killing of a human being by another human being. There are essentially two types of homicide: murder and manslaughter. The crime of infanticide may also be included.

Since most of us “know ourselves” (well, at least for the past ten or fifteen years) we have been hearing about something called the “Valley Development Plan”. Not only this Government but previous ones have touted a sweeping and ambitious plan to transform the capital into a magnificent metropolis, with wide tree-lined boulevards, sidewalks everywhere, proper drainage, designated open spaces and the potential for future orderly and logical development.

Back in 1992 I had just finished my legal studies and returned to Anguilla, fresh and eager to experience the “real” legal world. I joined the Attorney General’s Chambers and thus commenced one of the most beneficial and enjoyable periods of my legal career. In those days the Chambers was very small. There were only four lawyers: the Attorney General Kurt de Freitas, the Senior Crown Counsel Patrick Patterson, a legal draftsman from Sri Lanka and myself as Crown Counsel.

The English Legal System has been tried and tested over the centuries and, often through trial and error, has evolved to keep pace with the changing needs of society. It is indeed appropriate that we seek to preserve and protect those virtues which have made it sound, impartial and fair.

This week I would like to talk a bit about the legal framework of the education system in Anguilla, as provided for by the Education Act.

Education in Anguilla has come a long way in recent years. However, there is still a very long way to go, especially in terms of the availability of opportunities for education beyond the secondary level. When I attended university in the late 80’s and early 90’s, there was literally just a handful of Anguillian students attending tertiary institutions in the Caribbean and elsewhere. Today, it does my heart proud to see the large number of Anguillian students at universities all over the world. A university education is becoming the norm rather than the exception.

The law requires the registration of every birth, death and marriage in Anguilla. This is important for many reasons: it keeps track of the population, helps to identify persons entitled to Anguillian status and aids with the production of statistics. For example, the law requires that every year the House of Assembly shall be provided with details of all births, deaths and marriages for the previous year.

To the general public, lawyers may sometimes appear to be a mysterious and cloistered group, shrouded in mystique and governed by a set of rules which the layman finds puzzling and difficult to understand. It might also seem that lawyers converse in a secret language which only they can comprehend, using antiquated words like “notwithstanding”, “hitherto”, and “aforementioned”. Why, you may ask, are laws not written in plain English which everyone can easily grasp? And why do lawyers dress in black gowns and white bands, and address each other as “my learned friend”?

It is a fact of life that in the Caribbean a great number of children are born out of wedlock. In the past, such children were looked down upon and generally regarded as somehow possessing an inferior status to legitimate children born to married parents. This unfortunate attitude was long reflected in the position which the law took in respect of the inheritance of property by such persons. While legitimate children were able to freely inherit property from their parents, and more specifically their fathers, the law refused to accord similar rights to illegitimate children.

A trade mark is any sign that can distinguish the goods and services of one trader from those of another. A sign includes, for example, words, logos, pictures or a combination of these.

Introduction

The past few years has seen an economic boom in Anguilla. Fuelled by the recent major tourism developments, the construction sector is buzzing with activity. Anguillians are seeking to take advantage of the huge influx of non-belongers needed to build, manage and maintain the Temenos, Viceroy and other large projects. As a result, more apartment complexes and houses are being built to target these potential tenants, and to serve as a long term investment.

In the middle part of the last century West Indians and others migrated to Britian in large numbers, in search of work and a better life. This was the origin of the large Anguillian population which exists today in Slough and other areas of the UK. Many people of Asian origin and particularly Indians joined in this exodus and the newcomers quickly became a vital part of the British workforce. However, concerns soon began to surface in Britain about what was seen as the “easy access” to establishing residence there and the perceived strain placed on the British economy.

The concept of “belonger” status was introduced into the Anguilla constitution when it was amended in 1990, and is also found in the constitutions of other British Overseas Territories. I must point out right away that belongership is not the same thing as citizenship. While it confers certain privileges, particularly the right to reside in Anguilla without restriction, it does not reach the level of full citizenship. Citizenship, whether attained by birth or subsequently by naturalization or registration, is governed by the British Nationality Act of 1981 and the Anguilla constitution.

The use of child labour, often under extremely cruel circumstances, is a growing worldwide problem. The need to supplement family income, coupled with a disregard for the rights and protections of children, are powerful factors driving the child labour market in many countries. Children are easily exploitable and can be employed at low wages, without the protection of labour unions and with absolutely no security of tenure.

The law in Anguilla seeks to protect children by ensuring that their financial needs are properly taken care of and that they are otherwise properly maintained. It is well known that there are many “deadbeat dads” in our community who believe that their only contribution to their children’s welfare is to bring them into the world. After that, they consider it the mother’s role to be mother, father and breadwinner, while they move on to the next hapless victim. The law seeks to bring them to their senses by hitting them where it hurts most: in their pockets.

Under this Act the Governor is given wide-ranging powers during any “period of emergency”. The Act recognises two instances where a period of emergency is deemed to exist: firstly, at any time that Her Majesty is at war, and secondly where a declaration of emergency is in force pursuant to section 17 of the constitution.