Querard Rejects Lovell's Suggestion

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Letter to Editor

Saturday, 25 February 2012 02:30

By Natalia M. Querard

Dear Editor, I am currently not in Antigua, and had no knowledge of the discussion of the Half Moon Bay issue that took place over the radio until the articles quoting Minister Lovell appeared on your website today, February 24th.

It is imperative that I re-affirm the position of H.M.B. Holdings Limited, a position that our company has held from the very beginning of the government’s intrusion into our private enterprise, and in which it has not wavered:

The Government of Antigua has exercised the sovereign powers of eminent domain under the Land Acquisition Act to "compulsorily acquire" our property.

The very same Land Acquisition Act lays out the steps the Government must now take to complete the "acquisition" by payment of "fair compensation within a reasonable time," such compensation to be paid out of the Treasury by direction of the Minister of Finance.

That is the law under the Land Acquisition Act.

The Constitution of Antigua and Barbuda also gives a constitutional right to payment of compensation to individuals deprived of their property by the Government.

There is no standing or even mention of any third parties being involved in the exercise of eminent domain or the "compulsory acquisition" of private property by the Government in either of these two documents which provide the legal basis for the Government’s actions.

By the Government’s delay in payment of "fair compensation within a reasonable time," it has breached the HMB shareholders’ constitutional rights. This matter is currently before the Court.

Minister Lovell’s announcement that H.M.B. Holdings may now become involved in negotiations with a view to participate in any future development of the Half Moon Bay Resort is unfortunate, ill-conceived and misleading.

The legal position is clear and simple. There can be no introduction of ambiguity accepted on that level.


On a purely business level, Mr. Lovell’s announcement is equally unreasonable:

With the Government holding possession and title to Half Moon Bay, there is nothing that H.M.B. Holdings Limited can bring to any discussion of that property’s future development.

As things now stand, we hold no stake in the property. Nor is the potential new developer purchasing the property from our Company.

It is said that possession is 90% of the law. In this case, it is 100%. The Government of Antigua is entirely responsible for the problem. It is now exclusively responsible for its solution.

Natalia M. Querard, Managing Director
H.M.B. Holdings Limited

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