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Vanuatu Ombudsman's Reports |
REPUBLIC OF VANUATU
OFFICE OF THE OMBUDSMAN
Private Mail Bag 081
PORT VILA
VANUATU
SPECIAL REPORT
ON THE
CONDUCT OF CERTAIN POLITICIANS AND OFFICERS OF THE STATE1[1]
IN THE UNLAWFUL AND IMPROPER
ISSUANCE OF ELEVEN (11) VANUATU PASSPORTS AND HONORARY CITIZENSHIP CERTIFICATES TO FOREIGN NATIONALS
26.11.99
--------------------------------
TABLE OF CONTENTS
1. SUMMARY
2. JURISDICTION
3. RELEVANT LAWS
4. CHRONOLOGY OF FACTS WITH COMMENTARY
5. RESPONSES BY THOSE WITH COMPLAINTS AGAINST THEM
6. FINDINGS
7. CONCLUSION
8. LIST OF APPENDICES
1. SUMMARY
The Ombudsman conducted an inquiry into the illegal issue of 11 'Honorary' Vanuatu Citizenship Certificates and passports upon receipt of complaints made by Hon Willie Jimmy and Hon Vidal Soksok, former Finance and Foreign Affairs’ Ministers, respectively in the previous government. Mr. Soksok’s complaint was endorsed by the former Prime Minister, Hon Serge Vohor. Between January 1997 and August 1997, 11 'Honorary' Vanuatu Citizenship Certificates were issued. Consequently, 11 Vanuatu passports were issued to these Honorary Vanuatu Citizens.
The officials involved in this process did not issue the certificates and passports once or twice, as might occur in a mistake. Instead, certificates were issued to 11 different people on 4 different occasions.
Between September 1997 and December 1997, the problem of Honorary Citizenship seemed to have waned. However, the problem again arose in December of 1997. Messrs. Noel Tabiusu, Manwo Kepoue and Alfred Maliu, approached the President of Vanuatu on behalf of Richard Jung and two foreigners. Vanuatu Honorary Citizenship Certificates were issued again but only Mr. Jung secured a passport.
Were it not for the strong and commendable actions on behalf of Leslie Garae, the new Principal Immigration Officer, there would at present be two additional persons unlawfully in possession of Vanuatu Passports.
The Ombudsman found that:
The Ombudsman’s recommendations include:
2. JURISDICTION
2.1 Pursuant to Article 62 of the Constitution and Ombudsman Act, the Ombudsman has jurisdiction to Inquire into the conduct of certain public bodies or persons on receiving a complaint or on his/her own initiative. This enquiry regarding honorary citizenship and passports issued to the 11 Honorary Citizens falls within our jurisdiction because those involved are all public servants and also leaders.
2.2 The main subjects of this enquiry are Hon Serge Vohor, John Mark Bell, Noel Tabiusu and Manwo Kepoue. Other persons whose conduct is examined in this report are former MP and Minister, Mr. Vidal Soksok, Messrs. Noel Faionalave, Antoine Pikioune, and Alfred Maliu
2.3 Mr. Bell at the relevant time was Principal Immigration Officer and also acting as (without lawful basis) a Principal Passport Officer. He was in charge of the Immigration Department. At the time of the alleged incident he came within the description of a 'leader' under section 14(2)(g) of the Ombudsman Act No.15 of 1995.
2.4 Mr. Tabiusu was the former Secretary-General to the Council of Ministers during the last Government. He is a leader under section 14(2)(h) of the Ombudsman Act No.15 of 1995 because he fell within the description and sense of 'Chairmen' as used in that provision.
2.5 Mr. Manwo, although he was never officially appointed, held himself out as and was treated as the Chairman of the Citizenship Committee which is a statutory body established under the Citizenship Act. Thus, he fell within the class of leader prescribed by section 14(2)(f) of the Ombudsman Act, as a member or Head of a statutory authority.
2.6 Messrs. Vohor and Soksok were then leaders as Ministers under article 67 of the Constitution.
2.7 Messrs. Faionalave and Pikioune were the first and third political secretaries in the Prime Minister’s Office at the time of events of this report. Mr. Maliu was the first political secretary to Mr. Soksok in the Ministry of Foreign Affairs. Thus, their conduct as leaders can be examined pursuant to section 14(2)(e) of the Ombudsman Act. This provision prescribes political secretaries as leaders.
3. RELEVANT LAWS
'Honorary Citizenship' and passports for honorary citizens
3.1 A person can be granted citizenship by the President under s 20 of the Citizenship Act which states:
The President may on advice of the Prime Minister confer honorary citizenship on any person with such privileges or exemptions as may be prescribed.
3.2 It is important to understand that conferral of honorary citizenship is not the same as granting of citizenship by naturalization. It is a very different thing. The basis of it is a nation's recognition of a person's special and unique contribution to that country. Honorary citizenship is not something that is applied for or can be bought or sold for financial gain, but rather it is conferred (i.e. given or awarded).
3.3 For example, a catholic bishop after his term in Vanuatu, who was recognized as a great churchman contributing to religion in Vanuatu, may be conferred this honour by the President on advice from the Prime Minister. Perhaps a volunteer doctor who has worked in the outer islands for many years caring for the sick might be another example. It is an honour that is granted rarely to exceptional people who have contributed to the country.
3.4 This conferral of honorary citizenship however does not mean that the recipient is then able to obtain travel documents based on that honour conferred on them - it is symbolic and not something creating substantive legal rights. This is conferred by the dictionary definition of the word 'honorary' in the Oxford English Dictionary (6th Ed) as follows:
a. 1. Conferred as an honour (without the usual requirements, functions, etc.; honorary DEGREE).
2. Holding honorary title or position; ~ secretary treasurer, etc., (serving without pay).
3. (Of obligation) depending on honour, not legally enforceable.
3.5 It is similar to the honorary degrees that are granted by universities to people who have carried significant contributions to the world in some field. The President of South Africa, Mr. Nelson Mandela is a good example. He has many received many honorary degrees from universities but that does not mean he can go and teach or lecture in universities on a professional or collegial basis. The late Father Walter Lini, former Prime Minister and Leader of Opposition was also granted an honorary degree from the University of the South Pacific but this does not mean he can go and teach there.
3.6 If honorary citizenship were to confer substantive legal rights then it would make a non-sense both of the honour and Vanuatu's non recognition of dual nationality. Article 13 of the Constitution states:
The Republic of Vanuatu does not recognize dual nationality. Any citizen of Vanuatu who is or becomes a citizen of another state shall cease to be a citizen to Vanuatu unless he renounces that other citizenship within 3 months of acquiring Vanuatu citizenship or that other citizenship, as the case may be, or such longer period as Parliament may prescribe, except that in the case of a person under the age of 18 years the period of renunciation shall be 3 months after he has reached the age of 18 years.
3.7 If honorary citizenship did grant substantive rights, such as the ability to apply for a passport, that person who had been conferred the honour of honorary citizenship by the President would have to renounce their own citizenship or lose the honour conferred on him or her. Obviously, that is a nonsensical scenario and the true purpose of honorary citizenship is, as explained above in paragraphs 4.6 - 4.9, an honour and nothing more. As such, any passports issued to honorary citizens are without basis in law, are unconstitutional and therefore null and void ab initio (no good from the beginning).
3.8 The above legal analysis of honorary citizenship was confirmed by the Attorney General to the Ombudsman during the course of an earlier enquiry.
Citizenship is a Prerequisite to Obtaining an Ordinary Passport
3.9 CAP 108 Section 3 of the Passport Act states:
(1) A citizen of the Republic of Vanuatu shall be issued with a passport if he makes application either himself or by his parent or lawful guardian to the Principal Passport Officer on the prescribed for.
(2) An applicant for a passport under subsection (1) shall provide such evidence of his entitlement to citizenship as may be prescribed.
(Emphasis added)
3.10 Section 12 of the Citizenship Act provides the machinery for adult persons to apply for citizenship by naturalization. Section 12(2) provides 8 conditions that all have to be met before a person can obtain citizenship by naturalization. Of these 8 conditions, three of these are that the applicant:
3.11 If a person cannot satisfy the above three basic conditions, together with the other five, a person cannot become a citizen of the Republic of Vanuatu. This is the reason why the 11 Honorary Citizens were not able to become Vanuatu citizens and thus were not entitled to be issued with Vanuatu passports.
Principal Passport Officer
3.12 It is to be noted that the officer responsible under Vanuatu law for the issue of passports in Vanuatu is the Principal Passport Officer. For many years it had been the practice that the Principal Immigration Officer acted as the Principal Passport Officer and issue passports. The Principal Immigration Officer has no legal right or ability to issue Vanuatu passports. The Principal Passport Officer is the only person legally able to issue Vanuatu passports.
3.13 There is no legal barrier to the Principal Immigration Officer doing this job and also holding the post of Principal Passport Officer. They are however two separate posts. Under Vanuatu law, the Principal Passport Officer is appointed by the Minister of Home Affairs (Section 2 of the Passports Act). On the other hand, Principal Immigration Officer is appointed by the Police Commissioner or Police Service Commission.
4. CHRONOLOGY OF FACTS WITH COMMENTARY
General Background
4.1 In order to make sense of the chronology of facts, it is important to understand the overall process by which certain foreign persons were granted Honorary Citizenship Certificates. The certificates were then used as a guise to issue Vanuatu Passports. The general process that appears to have taken place was as follows:
(a) Mr Tabiusu, as Secretary General to the Council of Ministers, would recommend to Mr Manwo (calling himself Chairman of the Citizenship Committee) individuals to receive Honorary Citizenship. (The legally appointed members of the Citizenship Committee were not aware of this).
(b) Mr Manwo would then prepare the Honorary Citizenship Certificates and obtain signatures. These certificates referred to Section 12 of the Citizenship Act. (Section 12 applies to citizenship by naturalization, Section 20 applies to Honorary Citizenship).
(c) The Certificates were then taken to Mr Bell, Principal Immigration Officer, and he would issue a passport to the holders of Honorary Citizenship certificates.
4.2 On or about 8 January 1997, Mr. Tabiusu admitted that he forged a letter from then Prime Minister Vohor to himself authorising him (Mr. Tabiusu) 'to draft and sign letters' on behalf of people that 'should' be granted 'Honorary Citizenship.' Mr. Tabiusu appeared to have used this letter as rationale for his future actions in recommending individuals to Manwo Kepoue to receive Honorary Citizenship. A copy of the admittedly forged letter of Mr. Tabiusu is annexed here as '1'. The full text of the letter is as follows:
08th January 1997
To
Mr Noel Tabiusu
Council of Ministers
Prime Minister’s Office
PMB 053
PORT VILA
Dear Noel
Re: Delegation of Responsibility on Honorary Citizenship
Due to lots of commitment, I hereby Honourable Rialuth Serge Vohor, instructed you, Mr. Noel Tabiusu, secretary of the Council of Ministers to draft and sign letters with my consultation to some people that I think we should grant them Honorary Citizenship until further information.
Accept, Secretary, the assurance of my highest Consideration.
Yours sincerely
['signature' of Mr. Vohor as forged by Mr. Tabiusu appears]
(The English and grammar in the above letter appear as they are in the original handwritten letter. There were also some cross outs in the letter).
Issue of Citizenship Certificates and Passports
4.3 On 17 January 1997, Chinese citizens Yu Wai Keung and I.P. Pang received Honorary Citizenship from the Republic of Vanuatu. Mr. Kepoue states that the Prime Minister directed him to sign the Honorary Citizenship Certificates as 'President' of the Citizenship Commission. Mr. Kepoue admitted that he did not check with the Attorney General before signing, but instead followed Mr. Vohor's directions. The Citizenship Certificates contain typewritten notes to the effect that the Certificate is valid only for 1 year. The following people signed the Honorary Citizenship Certificates for Mr. Keung and Mr. Pang:
4.4 Copies of the Honorary Citizenship Certificates are annexed here as '2' and '3'.
4.5 On the same day (17 January 1997) Mr. Keung and Mr. Pang also received Vanuatu Passports A004070 and A004071, respectively. An adviser to the Prime Minister collected these passports on behalf of Mr. Keung and Mr. Pang. A copy of the Passport Register recording the issuance of Vanuatu passports A004070 and A004071 is annexed here as '4'. Mr John Mark Bell was responsible for issuing passports to Mr. Keung and Mr. Pang:
4.6 On 17 February 1997, Mr. Tabiusu wrote a letter on behalf of Taiwan citizens Pei-Chao Hsu, Ming-Tsung Hsu, Hsiang-Yuan Hsu, and Ho-Chin Liu directing Manwo Kepoue to issue these individuals Honorary Citizenship. Mr. Tabiusu issued this direction under the name of the Prime Minister.
4.7 On 18 February 1997, Pei-Chao Hsu, Ming-Tsung Hsu, Hsiang-Yuan Hsu, and Ho-Chin Liu received Honorary Citizenship. Prior to obtaining Honorary Citizenship information given to the Ombudsman’s Office suggested that the HSU family dined with Seth John and the Prime Minister at the Golden Dragon Restaurant. Copies of the above Honorary Citizenship Certificates are annexed here as '5', '6', '7', '8'. The following people signed the Honorary Citizenship Certificates of Mr. P. Hsu, Mr. M. Hsu, Mr. H. Hsu, and Mr. Liu:
4.8 Mr. Tabiusu wrote the letter authorising Mr. Kepoue to issue these individuals citizenship certificates. Seth John, an employee of Commerce Vanuatu Limited, reportedly gave the Immigration Office a signature and photo of Mr. Chin. The Immigration Office in turn laminated the signature and photo into the passport of Mr. Chin.
4.9 On 19 February 1997, Mr. P. Hsu, Mr. M. Hsu, Mr. H. Hsu, and Mr. Liu received passports A004226, A004227, A004228, and A004229 respectively. According to Mr. H. Hsu, he was swimming at Le Lagoon on 9 March 1997 and three of the above passports were stolen. For this reason, the following additional passports were issued: A004437 was given to P. Hsu, A004436 was given to M. Hsu, and passport A004435 was given to H Hsu.
4.10 Manwo Kepoue told the Ombudsman’s Office that he collected all these passports on behalf of the above named. A copy of the Passport Register recording the issuance of Vanuatu passports to the above individuals is annexed here as '9'. Additionally, it is important to point out that Seth John (see 5.17-5.20) brought the photos and signatures of the Mr. Liu to Immigration, where these items were sealed to the passport as Mr. Liu was not present. Mr John Mark Bell was responsible for issuing all of the passports to Mr. P. Hsu, Mr. M. Hsu, Mr. H. Hsu and Mr. Liu.
4.11 It is of note that 5 days before 13 February 1997 before the issue of these passports, Mr. Vohor had US$25,000 converted into Vatu at Westpac in Port Vila. Of the converted vatu, he took VT500,000 in cash and deposited the rest VT2,272,500 on term deposit for 6 months. The term deposit was reinvested on 12 August 1997 for a further 6 months. Annexed as '9A' and '9B' are copies of the relevant banking records confirming these transactions.
4.12 On 29 April 1997, Yae Yong (Richard) Jung received an Honorary Citizenship Certificate. According to Noel Tabiusu, the Prime Minister, Serge Vohor, recommended Mr. Jung for citizenship. Also, Mr. Kepoue stated that Mr. Jung gave him 5,000 Vatu for kava after the Honorary Citizenship Certificate was completed. A copy of Mr. Jung's Honorary Citizenship Certificate is annexed here as '10'. The certificate bears the signatures of the President, Mr. Kepoue and Mr. Bell.
4.13 On 5 May 1997, Mr. Jung received ordinary passport number A004595. A copy of the Passport Register recording the issuance of Vanuatu Passport A004595 to Richard Jung is annexed here as '11'.
4.14 Again, Mr. Kepoue reported that Mr. Seth John of Commerce Vanuatu Limited supplied the signature and photo of Mr. Jung which was then laminated to his passport. Like Mr. Liu, Mr. Jung does not appear to have been present when his passport was issued. John Mark Bell issued the passport to Mr. Jung.
4.15 Mr. Jung’s background is detailed in two previous Ombudsman Reports. One involving his business Resort Las Vegas2[2] and the other concerning his status as a fugitive from justice and the fact of 19 Ministers of Parliament seeking for him a pardon from the President of Korea3[3].
Mr. Zhang, Mr. Sor and Mr. Hong
4.16 Mr. Tabiusu stated that he wrote a letter on 29 May 1997, authorizing Honorary Citizenship to be given to Owen Zhang, Hui Sor and Ton Hong. Mr. Tabiusu issued this direction under the name of then Prime Minister Serge Vohor. According to Mr. Tabiusu, it was Messrs. Noel Faionalave and Antoine Pikioune who pushed for these individuals to receive Honorary Citizenship.
4.17 On 30 May 1997, Owen Zhang, Hui Sor, and Ton Hong received Honorary Citizenship Certificates. Copies of the Honorary Citizenship Certificates of Mr. Zhang, Mr. Sor and Mr. Hong are annexed here as '12', '13', '14', respectively. The certificates bear the signatures of the President of the Republic of Vanuatu, Mr. Kepoue and Mr. Bell.
4.18 On 2 June 1997, Mr. Zhang and Mr. Sor received ordinary passports A004902 and A004903, respectively.
4.19 On 3 June 1997, Mr. Hong received passport A004912. Mr. Kepoue stated that he collected these passports from Immigration on behalf of Mr. Zhang,
Mr. Sor and
Mr. Hong. A copy of the Passport Register regarding passports A004902, A004903 and A004912 is annexed here as '15'. John Mark Bell issued the passports to
Mr. Zhang, Mr. Sor and Mr. Hong:
4.20 On 8 August 1997, Mr. Tabiusu sent a letter directing Mr. Kepoue to prepare a Honorary Citizenship Certificate for Jun Shi (aka: John Seth). Mr. Tabiusu issued this letter under the name of the Prime Minister, Mr. Vohor. In a sworn statement, Mr. Tabiusu stated to the Ombudsman’s Office that Mr. Kepoue gave him 10,000 Vatu for writing this letter.
4.21 On 8 August 1997, Mr. Jun Shi (aka: John Seth) received a Citizenship Certificate. A copy of Mr. Jun's Honorary Citizenship Certificate is annexed here as '16'. The certificate bears the signatures of the President, Mr. Kepoue and Mr. Bell.
4.22 On 14 August 1997 Mr. Jun Shi received passport A005372. A copy of the Passport Register detailing A005372 is annexed here as '17'. John Mark Bell issued the passport to Mr. Jun.
4.23 Mr. Jun works for a local business by the name of Commerce Vanuatu Limited. Commerce Vanuatu Limited has been linked to the Foreign Immigration business in Vanuatu. On their business license, Commerce Vanuatu is stated to be in the business of exporting timber. The Vanuatu Financial Services Commission understands Commerce Vanuatu Limited’s business to be that of Hotel Development. To date, Commerce Vanuatu Limited has not participated in either of these two businesses. Instead, Mr. Jun appears to be acting as some sort of immigration agent for other Honorary Citizens. Mr. Kepoue stated that Mr. Jun Shi (John Seth) once gave him 20,000 Vatu for kava.
Resignation of Mr. Kepoue and Mr. Tabiusu
4.24 In early September 1997, the Ombudsman’s Office began an enquiry into the issue of Honorary Citizenship.
4.25 On 18 September 1997, Messrs. Tabiusu and Kepoue resigned from their positions, reportedly as a result of their involvement with aiding foreign persons to obtain Honorary Citizenship. A letter dated 18 September 1997, from Mr. Antoine Pikioune of the Prime Minister’s Office to Manwo Kepoue requesting him to resign from his position is annexed here as '18'. A reply letter dated 18 September 1997, from Mr. Kepoue to Mr. Pikioune resigning from his position is annexed here as '19'.
4.26 Mr. Tabiusu stated that he resigned from his position, because the then Prime Minister no longer trusted him. Specifically, Mr. Tabiusu stated that he lost the trust of the then Prime Minister because he forged letters directing Mr. Kepoue to issue Honorary Citizenship Certificates. Despite Mr. Tabiusu’s statement I have some reservations about the truth of this explanation. This is because one of the signatures on each of the Honorary Citizenship certificates of Messrs. Keung and Pang (see 5.3-5.4 above) is the genuine (true) signature of Mr. Vohor.
More citizenship certificates issued – Mr. David JK Lee and Mrs. Julia Lee
4.27 On 24 September 1997, a Council of Ministers meeting took place. Decision No. 176 of the Council of Ministers stated that Honorary Citizenship can be granted for a period of ten years, and that a special committee be set up to assess Honorary Citizenship applications. A copy of a letter from Mr. Kombe to Mr. Vohor regarding Decision No.176 is annexed as '20'.
4.28 On or about 23 December 1997, Mr. Tabiusu, Mr. Kepoue, and Mr. Maliu (then first secretary in the Foreign Affairs Ministry) approached the President and obtained his signature on a letter purporting to allow two South Korean nationals, a Mr. David JK Lee and Mrs. Julia Lee (no relation to Mr Lee) Honorary Citizenship.
4.29 It is important to remember that at this point in time neither Mr. Kepoue, nor Mr. Tabiusu were still employed with the Vanuatu Government. Copies of the three letters recording the granting to Mr. Lee and Mrs. Lee Honorary Citizenship are annexed here as '21'. It will be seen from the letters that they are addressed to Mr. Lee and Mrs. Lee care of Mr. Richard Jung.
Mr. Vohor 'appoints' 'special committee on Honorary Citizenships'
4.30 On 24 December 1997, Mr. Vohor appointed the following individuals to a special committee to analyse Honorary Citizenship:
A copy of Mr. Vohor's appointment document is annexed as '22'.
4.31 To date there has never been a meeting held with all members of this special committee to analyse Honorary Citizenship held. I comment at this point that I consider such a committee and Mr. Vohor’s appointment of members to it to have no basis in law.
4.32 On 7 January 1998, a letter was issued from Mr. Rep to Mr. Garae directing Mr. Garae to issue a 10 year passport to Mr. Lee. The letter is stamped with a stamp from 'Special Committee of Honorary Citizen'. A copy of the letter from Mr. Rep to Mr. Garae is annexed as '23'. The signature at the end of the letter appears to be that of Mr Alfred Maliu, a political secretary in the Ministry of Foreign Affairs.
4.33 On 9 January 1998, Mr. Jung was at the Immigration Office attempting to obtain a passport for Mr. Lee. Mr. Garae at this time was receiving pressure to sign and issue this passport from Mr. Rep, Mr. Jung and Hon Vidal Soksok, then Foreign Affairs Minister.
4.34 Mr. Garae consulted the relevant laws and considered that he was not legally able to issue passports to Honorary Citizens. Despite the pressure upon him, Mr. Garae did not sign the passport of Mr. Lee. Were it not for the quick and strong actions of Mr. Garae, there would be further passports improperly issued in Vanuatu. He is to be congratulated.
5. RESPONSES BY THOSE WITH COMPLAINTS AGAINST THEM
5.1 The Working Paper on this investigation was given to the following people:
- Honourable Serge Vohor
- Alfred Maliu
- John Mark Bell
- Noel Tabiusu
- Manwo Kepoue
- Vidal Soksok
5.2 The only person that responded to the Working Paper was Mr. Kepoue. Mr. Kepoue wrote his letter dated 3 May 1999 in Bislama making the following comments:
- He was receiving the working paper the second time;
- He denied having anything to do with Julia and David Lee because at that time he had resigned from office;
- The Ombudsman should check his recorded interview with the Ombudsman officers and that he had nothing else to add to the report.
OMBUDSMAN’S COMMENT
Our records show that the Working paper had not been issued before. We have written many reports on the issue of Vanuatu passports involving Mr. Kepoue and others therefore Mr. Kepoue must have mistaken this one for another one.
6. FINDINGS
FINDING NO. 1: Honorary Citizenship is a mere honour and does not entitle the recipient to a passport and it was improper and unlawful for Mr. Bell to issue the 11 passports (refer to 4.1-4.8 above) and to have co-operated in all actions ancillary to this ultimate purpose.
FINDING NO. 2: All passports issued due to Honorary Citizenship are void ab initio (from the beginning).
6.1 It is illegal to issue passports on the basis of a person receiving Honorary Citizenship. An illegally issued passport is void because it does not conform to the requirements of the Passport Act. Thus, in my opinion, all passports issued on the basis of Honorary Citizenship are void ab initio (from the beginning).
FINDING NO. 3: Mr. Tabiusu, Mr. Kepoue, and Mr. Bell failed to act as Leaders under the Leadership Code of the Constitution and conducted themselves dishonestly.
6.2 At the time of the conduct in question, Messrs. Tabiusu, Kepoue and Bell were leaders. All three stated to the Ombudsman’s Office that they assisted foreign persons in obtaining passports unlawfully. I consider that they have acted most dishonestly.
6.3 Moreover, it appears that their actions may also be prima facie breaches of one or more provisions of the Penal Code [Cap 135] and/or other laws.[4] That may be something that a Court will have to determine at a later stage. From my perspective as Ombudsman, I consider them to have repeatedly breached the principles of the Leadership Code under Article 66 of the Constitution.
6.4 By acting in such a way they demean their offices and have their integrity called into question. In my opinion, Messrs. Kepoue, Tabiusu and Bell shattered the trust of the people, and they acted against the Constitution of Vanuatu.
FINDING NO. 4: Mr. Vohor, Mr. Bell and Mr. Kepoue acted unlawfully and thus breached the Leadership Code by signing the Honorary Citizenship Certificates
6.4 None of these three men had any business or authority signing documents which purported to give Honorary Citizenship which then led to the holders to unlawfully obtain Vanuatu passports. I consider that they acted unlawfully. Their conduct does give the impression of corruption. As such, their conduct makes them fall far short of the standard demanded by the Leadership Code.
6.4.1 It is possible that their conduct may infringe the provisions of the Penal Code Act or other laws as listed below in footnote 3. Again, this will be a matter for the authorities but for my purpose as Ombudsman in examining their conduct, it is my view is that they have seriously breached the principles of the Leadership Code.
FINDING NO. 5: Mr. Maliu and Mr. Soksok breached the Leadership Code when trying to obtain a passport for David J.K Lee, they did this with the assistance of Mr. Kepoue and Mr. Tabiusu
6.5 The Ombudsman Office learned that Mr. Lee was granted an Honorary Citizenship Certificate even though the Citizenship Commission has no records of this matter. As noted earlier in the report the Citizenship Commission had no knowledge of what was going on behind closed doors. Mr. Soksok and Mr. Maliu acted improperly in attempting to pressure the Principal Immigration Officer in an effort to have him issue a passport to Mr. Lee.
6.5.1 It is noteworthy, that at this time, neither Mr. Tabiusu nor Mr. Manwo were employed by the government of Vanuatu. Yet curiously they too were attempting to obtain a passport for Mr. Lee.
FINDING NO. 6: Mr. Vohor breached the Leadership Code by his appointment of Richard (Jae Yong) Jung to 'special committee on Honorary Citizenship.
6.6 Mr. Vohor appointed Mr. Jung to a special committee to 'analyse' Honorary Citizenship on 24 December 1997. At the time of his appointment Mr. Vohor knew that Mr. Jung is a convicted criminal and a fugitive from Korean justice wanted for fraud related charges.
6.6.1 Mr. Vohor’s conduct is astounding. To knowingly harbour a convicted criminal is disgraceful. For Mr. Vohor to appoint him to a committee analysing the law of Vanuatu is poor judgment beyond comprehension. In my view, Mr. Vohor disqualifies himself by his conduct as a leader.
FINDING NO. 7: All those leaders involved with the issue or events preceding the issue of honorary citizenship and passports acted in breach of the provisions of Article 12 and 13 of the Constitution and the Passport Act and the Citizenship Act.
6.7 Final determination of this issue is the province of a Court, but I include this finding as it may form the basis of a recommendation to the relevant law enforcement authorities to investigate the issue further.
7 RECOMMENDATIONS
Recommendation 1: All Honorary Citizenship and passports issued in this report to be cancelled forthwith if not yet done by the relevant authorities.
Recommendation 2: Criminal investigation of conduct by Messrs Tabiusu, Manwo, Bell and Vohor
7.2 This matter is to be referred to the Police Department for investigation following proper criminal procedures set out in the laws of Vanuatu.
Recommendation 3: Award of Honorary Citizenship
7.3 Any future award of honorary citizenship should be reviewed by the Attorney General before conferring is done.
8 CONCLUSION
7.1 To comply with Article 63(2) of the Constitution and Section 22 of the Ombudsman Act, the Ombudsman requests the Prime Minister and the Director General of the Prime Minister’s Office, Principal Immigration Officer, the Commissioner of Police, Attorney General and Citizenship Commission to seriously consider these recommendations for immediate action.
7.2 The Office of the Ombudsman would appreciate notification of the decisions and proposed steps to be taken in implementing these recommendations within thirty (30) working days from the date of this report.
Dated this 26th day of November 1999
Hannington G. ALATOA
OMBUDSMAN OF THE REPUBLIC OF VANUATU
8. LIST OF APPENDICES
1. Forged letter by Noel Tabiusu
2. Citizenship Certificate to Yu Wai Keung
3. Citizenship Certificate to Ip Pang
4. Copy of Passport register
5. Citizenship Certificate to Hsu Pei-Chao
6. Citizenship Certificate to Hsu Ming-Tsung
7. Citizenship Certificate to Hsu Hsiang-Yuan
8. Citizenship Certificate to Liu Ho Chin
9. A copy of passport register
10. Citizenship Certificate to Richard Jung
11. A copy of passport register
12. Citizenship Certificate to Zhang Owen
13. Citizenship Certificate to Sor Hui
14. Citizenship Certificate to Hong Ton
15. A copy of passport register
16. Citizenship Certificate to Shi Jun (John Seth)
17. A copy of passport register
18. Letter to Mr. Manwo from Mr. Pikioune
19. Letter from Mr. Manwo to Mr. Pikioune
20. Letter regarding Council of Ministers' Meeting on Honorary Citizenship
21. Letter to Ms Julia Lee, David Lee from the President and Noel Rep
22. Appointment of Honorary Citizenship Committee by Mr. Vohor
23. Letter from Mr. Rep to PIO
-----------------------------------------------
[1] MESSRS MANWO KEPOUE, NOEL TABIUSU, JOHN MARK BELL, ALFRED MALIU,
HON SERGE AND VIDAL SOKSOK IN THE UNLAWFUL AND IMPROPER ISSUANCE OF ELEVEN (11)
VANUATU PASSPORTS AND HONORARY CITIZENSHIP CERTIFICATES TO FOREIGN NATIONALS
[2] Ombudsman’s Public Report on appointment of Resort Las Vegas Group as agent for “Immigration Scheme for Vanuatu” and on the conduct of Prime Minister Rt. Hon Serge Vohor and Foreign Affairs Minister Hon Vidal Soksok in assisting the grant of citizenship and issue of ordinary and official passports to Mr Jae Yong (Richard) Jung, 3 December 1997.
[3] Public Report on the conduct of 19 Members of Parliament including the Prime Minister, Minister of Justice, Minister of Public Works, Minister of Tourism and Telecommunications, Minister of Home Affairs, and Minister of Foreign Affairs in seeking a pardon for a fugitive from Justice 30 January 1998.
[4] The relevant provisions might include one or more of the following offences of:
Theft - section 122 of the Penal Code
Misappropriation - section 123 of the Penal Code
Receiving property dishonestly - section131 of the Penal Code
Forgery and uttering forged documents - section 139 and 141 of the Penal Code
Giving of false information for registration of citizenship - section 22(1) of the Citizenship Act [Cap112]
Contravention of the Passport Act - sections 13(e) and 13(f) of the Passport Act [Cap 108]
Conspiring and/or helping and/or soliciting commission of one or more of the above - sections 29-35 Penal Code
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URL: http://www.paclii.org/vu/other/ombudsman/1999/16.html