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Lord Tu’ivakanō’s court case back in court

By
Kalino Latu
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The king’s noble accused of committing passport offences, money laundering and bribery will be back in court after next month.

A Ministry of Justice spokesperson said,  Lord Tu’ivakanō’s arraignment is set for March 19.

The former Speaker and Prime Minister had been charged with 10 counts, including making a false statement for the purpose of obtaining a passport, perjury, acceptance of bribery and money laundering.

He was arrested on March 2018 shortly after Police Minister Māteni Tapueluelu had resigned citing disappointment over what he had described as lack of commitment in the way how authorities addressed allegations of corruption in the Ministry of Police.

“The case has been committed to the Supreme Court to be called on 19 March 2019 for arraignment,” the spokesperson said.

She said a trial date will be announced on that day.

The court case had been postponed repeatedly since the noble’s first appearance in court on March 2018.

The noble’s court case was expected to be heard on 9 August 2018 after it had been adjourned numerous times due to various filing of document needs and related matters 

‘Atonio Moeaki gets life imprisonment for brutal murder of dentist

By
Kalino Latu
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‘Atonio Moeaki was on Monday sentenced to life imprisonment for the murder of a young dentist, Sione Feo Lau’i, outside a night club in Nuku’alofa in 2018.

Dr Feo Lau’i, 23, died in hospital on February 15, 2018, six days after he suffered from severe head injuries.

A seven-member-jury did unanimously agree to recommend the guilty verdict after Moeaki repeatedly struck Dr Feo Lau’i’s body with an aluminium baseball bat on February 9.

The court was told, Moeaki, 40, chased the victim down the road before brutally assaulting him following an argument outside Nauti Ruby nightclub. Moeaki was a bouncer at the bar.

Moeaki first pleaded not guilty to murder, manslaughter and wounding with intent to cause grievous bodily harm when he first appeared in court on September 2018.

As Kaniva news reported at the time, Dr. Feo Lau’i was a dentist at Vaiola dental care services after returning from the University of the South Pacific in December 2017.

The attack resembled that of the assault on a previous victim, the court was told. But that victim avoided being killed in 2016.

Moeaki was fined TP$200 and a one-year probation was imposed at the Magistrate’s Court for that offence.

PSC picks Edgar Cocker as Chief Secretary and Secretary to Cabinet

By
Kalino Latu
-

The Public Service Commission (PSC) has picked the Ministry of Labour and Commerce CEO Edgar Cocker as Tonga’s new Chief Secretary and Secretary to Cabinet, reports said.

The news came after the Prime Minister reportedly told local radio station FM 87.5 that Cocker has been elected by a PSC panel.

However, the Prime Minister’s media spokesperson Lōpeti Senituli told Kaniva news this morning the PSC has yet to officially inform the PM’s Office.

In an email, Cocker did not deny the news but said he has yet to receive the “official endorsement.”

The post became vacant in July 2018 after the former chief secretary and secretary to cabinet, Dr. Palenitina Langa’oi Tiueti, resigned to join her husband who was being sent to California by the United Methodist Church.

Cocker was appointed as CEO for the Ministry of Commerce, Consumer, Trade, Innovation and Labour on 30 October, 2017 and was expected to end in 2021.

Cable repair ship locates underwater problem as TCC increases satellite internet capacity

By
Philip Cass
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The break in the underwater cable that has hampered internet operations in Tonga has been located.

However, there has been no indication of how long it will take to repair the break.

The cable repair ship Reliance located the fault and reported that the cable had moved south east from where it was laid.

The cause of the damage has not yet been determined.

The Reliance was docked at the Queen Salote wharf in Nuku’alofa last night.

Meanwhile, the Tonga Communication Corporation has engaged a number of satellite providers to increase TCC’s internet capacity.

TCC CEO Timote Katoanga said these included Spark New Zealand,  Intelsat, Speedcast from Australia and Ezynet in Tonga. 

Wi-fi

Katoanga, said there was no plan to increase the TP$3 charge for customers using its wi-fi.

He said the free wi-fi was provided because after the outage occurred the satellite internet was not immediately available through telephone lines and telephone calls overseas were also been cut off.

He said once the satellite internet became available for homes and businesses through landline and overseas telephone calls last week, the free wi-fi service was removed.

He said TCC first charged $2.88 and to make money changes easier they increased it to TP$3. 

The main points

  • The break in the underwater cable that has hampered internet operations in Tonga has been looted.
  • However, there has been no indication of how long it will take to repair the break.

For more information

Reliance locates international cable fault

http://www.gov.to/press-release/reliance-locates-international-cable-fault/

Internet blackout “emotionally distressing;” TCC ends free wi-fi link to satellite service

By
Kalino Latu
-

The internet blackout in Tonga is “emotionally distressing” for local people, a Kaniva Tonga correspondent has reported.

The loss of internet, which was caused when the undersea cable was cut, has affected everyone in the kingdom.

Most people found their restricted access to Facebook due to the outage disheartening as they struggled to keep in touch with their family overseas.

He said Facebook was the easiest and cheapest way for people to make contact with their family overseas.

Most schools started this week and many parents relied on their relatives overseas for the school fees and materials.

Lines of people queuing at Western Union, one of Tonga’s largest person-to-person money transfer services, following the backout, had been described as pitiful – ‘faka’ofa.’

There were complaints on social media by Tongan business owners who were overseas after the optic fibre was cut on Sunday, January 20, because they could no longer monitor their businesses from overseas.

The loss of the undersea cable link to Fiji, and the cable to the country’s outer islands, is now in its eighth day.

The repair ship Reliance is expected to arrive at the site shortly to begin repairs.

The impact of the outage on the government had been minimal, a government spokesperson said.

Free wi-fi ended

Meanwhile, a free w-ifi service which had been provided by Tonga Communications Corporation (TCC) to the public on Monday is no longer available.

TCC had charged each member of the public using its service TP$2 an hour on Tuesday. The cost went up to TP$3 on Wednesday, our correspondent said.

Only 15 customers were able to use the wi-fi at the same time at  the TCC offices due to the restriction of the capacity of the satellite internet currently being used.

TCC had been contacted for comment.

Our correspondent said when the wi-fi was active through the satellite operator, Ezinet, hundreds of people queued at TCC, vying for a chance to use the internet.

“Most of them wanted to make contact with their families overseas,” he said.

Ezinet links to Kacific Satellite, a satellite operator developing a high-speed broadband internet service for the South East Asian region with a special focus on the Pacific

Digitel Tonga

Digicel Tonga, one of only Tonga’s two internet and mobile phones providers, and TCC’s rival, said the company continued to face data connectivity issues because of the cut in the submarine cable.

Digicel Tonga has established 3G data connectivity nationwide that allows its customers to use the basic data services.

“All our customers can make international and local calls as well as send text messages both locally and internationally,” Digicel said.

“However, using data services will only allow you to use basic services such as browsing to stay connected with family and friends.”

Digicel Tonga was reducing its out of bundle charge from $0.25 to $0.05.

It is understood Digicel only provided wi-fi for its customers and not for the public.

The main points

  • The internet blackout in Tonga is “emotionally distressing” for local people, a Kaniva Tonga correspondent has reported.
  • The loss of internet, which was caused when the undersea cable was cut, has affected everyone in the kingdom.
  • Most people found their restricted access to Facebook due to the outage disheartening as they struggled to keep in touch with their family overseas.

For more information

Undersea line has been cut, but could be repaired within two weeks says Tonga Cable

Undersea line has been cut, but could be repaired within two weeks says Tonga Cable

Witnesses cite argument over bulldozer, but Rev says dispute with Lord Fohe was ‘minor’

By
Kalino Latu
-

The noble of Puke, Lord Fohe and his Free Wesleyan church minister had to be restrained during a dispute over damage to a fence, it has been claimed.

Local reports said the church minister was unhappy after a bulldozer destroyed the fence of the church’s residence for its ministers.

Lord Fohe is the estate holder of Puke.

According to the Kakalu ‘O Tonga newspaper, witnesses claimed there had been a dispute between Lord Fohe and the minister over the land.

However, the church minister said it was just a minor incident that had been resolved.

Residents in Tonga who live on nobles’ estate can be classified into three categories.

One category covers people who have registered and own their land with the approval of the nobles.

Another category is for residents who can lease land and this is mostly used by churches and businesses.

The other category is for people who the nobles allow to build houses in a town allotment and grow crops in a tax allotment. These residents have no control over the land. Once the noble wants them to leave they have to obey.

In 2017, 12 Puke residents took Lord Fohe to court after a dispute with another Puke resident, Monte Payne.

Payne was a registered holder of a tax allotment at Puke, according to a court judgement.

The defendants were living on his land. Payne sought an eviction order removing the defendants from the land.

The defendants pleaded that they were told they could live and build on the land by the then estate holder, the late Lord Fohe and that the plaintiff’s claim was time barred.

The former Lord Fohe died in 2009 and the title and estates remained vacant until November 18, 2016, when his successor, the current Lord Fohe, was appointed.

The defendants attempted in court to include the present Lord Fohe in their fight to stop them from being evicted.

However the court dismissed the application and ruled in favour of the plaintiff  saying the issues raised could be answered without joining the present Lord Fohe as a party. 

The main points

  • The noble of Puke, Lord Fohe and his Free Wesleyan church minister had to be restrained during a dispute over damage to a fence, it has been claimed.
  • Local reports said the church minister was unhappy after a bulldozer destroyed the fence of the church’s residence for its ministers.
  • However, the church minister said it was just a minor incident that had been resolved.

For more information

King appoints Lord Fohe

King appoints Lord Fohe

PSC sacks Education CEO Claude Tupou

By
Kalino Latu
-

Ministry of Education and Training chief executive Claude Tupou’s contract was terminated by Public Service Commission (PSC) on Tuesday 21.

A thank you letter purported to be written by Tupou said he had received a letter from PSC terminating his employment contract.

The letter was widely circulated on Facebook.  

“’I he efiafi Mōnite 21 kimu’a pea kakato ‘a e ‘aho ngāue na’e a’utaki mai ai ha tohi mei he PSC kuo faka-ngata ‘a ‘eku aleapau ngāue mo e Potungāue Ako,” the letter read in Tongan.

This translate into English as : “This evening Monday 21 before the end of the working day a letter from PSC was arrived saying that my contract agreement with the Ministry of Education was terminated.”

Kaniva news sent a copy of the letter to PSC CEO Dr. Lia Maka and asked if she could be able to confirm that Tupou has been fired.

We have yet to receive any response from the PSC.

However local news media reports have confirmed Tupou was no longer with the Ministry.

He officially became CEO for MET since June 2016.

Common questions on how foreign exchange rules affect movement of money

By
Philip Cass
-

Tonga’s National Reserve Bank has issued a set of commonly asked questions regarding the new Foreign Exchange Control Act.

This is an edited summary of the main points.

What is exchange control and how does it affect me?

Exchange control involves measures to control or influence the movement of foreign exchange over Tonga’s borders. The FEC Act controls the purchase and sale of foreign currency. These rules apply when travelling, giving cash as a gift to someone outside of Tonga, paying for goods ordered from outside of Tonga, or investing offshore.

Why are exchange controls necessary?

Exchange controls are used to manage the national demand for foreign currency in order to protect the country’s foreign exchange reserves and allocate available foreign currency in the best interest of the country.

What are these key aspects of the old Act and regulations that are incorporated into the new FEC Act?

  1. Acquiring property overseas – Under the regulations of the old Act, anybody who wants to acquire property outside Tonga requires the consent of the NRBT.
  2. Returning proceeds of export to Tonga – Under the regulations of the old Act, a person in Tonga was required to return to Tonga through an authorised bank, foreign exchange dealer or money changer. 

Who are the authorised banks or dealers Person in Exchange in Tonga?

Banks

  • Australia and New Zealand Banking Group Ltd
    • Bank of South Pacific Limited
    • MBf Bank Ltd
    • Tonga Development Bank

Foreign Exchange Dealers – Type A (outward/payment & inward/receipts)

  • Fexco (Tonga) Ltd
    • Klickex Ltd
    • Rowena Finance Services
    • SAV Money Transfer
    • T&T Money Transfer

Foreign Exchange Dealers – Type B (inward/receipts only)

  • Digicel Mobile Money
    • Frank Money Transfer
    • Tonga Post Ltd
    • Manatu ‘Ofa Money Transfer
    • Fietokoni Financial Services
    • Island Flexi Tonga

Money Changers – Type C

  • Jones Travel Ltd

If I have investments offshore that were acquired prior to the new FEC Act (1 November 2018), am I affected by the new FEC Act?

No. Any offshore investments made prior to November1,  2018 are not affected by the new Act.

Are residents allowed to invest offshore?

Yes, up to a limit of TP$100,000. Investments over this limit  must be approved by the Reserve Bank.

How much travel allowance can I take when travelling overseas?

Maximum of TP$20K per person per travel. 

What is the permissible cash that each traveller is allowed to hand carry when travelling overseas?

A traveller can hand carry or take a total amount in foreign currency or Tongan paánga notes or coins equivalent to up to TP$10K. If more than TP$10K the traveller must seek the approval of the NRBT three business days prior to the anticipated departure date.

How much foreign currency in cash or otherwise are people allowed to bring into Tonga?

There is no limit on foreign currency, but travellers must declare the money in their possession at the point of entry into or exit from Tonga if the total amount of cash is equivalent to TP$10,000 or more. 

How much foreign currency in cash can I hold?

Tongan residents can hold up to TP$20K equivalent  in foreign currency.

What must I do with any surplus foreign currency?

You are required to sell such currency above TP$20K. 

Can I hold a foreign currency account overseas?

Yes. Payments from Tonga to foreign currency accounts must be approved by the NRBT.

Can I hold a foreign currency account in Tonga?

Yes, subject to the approval of the NRBT.

Reserve Bank says there is ‘nothing new’ in Foreign Exchange Act vetted by IMF

By
Philip Cass
-

Tonga’s National Reserve Bank said today there was nothing new in the Foreign Exchange Control Act, which was introduced last year.

The FEC Act 2018 applies to foreign exchange transactions after November 1, 2018.

The Reserve Bank said the Act authorised it to manage the country’s foreign exchange and was not intended to violate anybody’s Constitutional right to their property or money in Tonga.

However, it said that if somebody chose to convert, transfer or dispose of their property or money in exchange for foreign currency, they would forfeit that right and would be to the exchange control directive issued under the Act. 

The Reserve Bank said the Act had been introduced after extensive discussion with exports and government authorities and had been vetted by the International Monetary Fund.

It said the Bank needed to have appropriate legislation to ensure that what it called “a reasonable amount” of export proceeds were returned to the kingdom.

Some businesses have claimed the new law, which went into effect last year, would damage their businesses.

Radio New Zealand described the legislation as allowing the government to force local business people to repatriate their foreign assets to Tonga, including forcing them to sell their property overseas.

Pacific Sunrise Fishing’s co-owner Eddie Palu, said the company would cut back its operations because of the policy.

The company is the kingdom’s only deep sea fish exporter and operates six vessels.

Earlier this month, Finance Minister, Pōhiva Tu’ionetoa said he was willing to talk to business owners concerned about the new law.

Hon. Tu’ionetoa said the act was intended to ensure Tonga had sufficient foreign reserves.

He said the act required that up to 60 percent of profits should be repatriated.

Mr Tu’ionetoa said previously many exporters did not  bring the earnings back into the country.

Former Finance Minister ‘Aisake Eke said the government should re-think the legislation.

The main points

  • Tonga’s National Reserve Bank said today there was nothing new in the Foreign Exchange Control Act, which was introduced last year.
  • The FEC Act 2018 applies to foreign exchange transactions after November 1, 2018.
  • The Reserve Bank said the Act authorised it to manage the country’s foreign exchange and was not intended to violate anybody’s Constitutional right to their property or money in Tonga.

For more information

Tonga minister open to discuss controls over foreign exchange

https://www.radionz.co.nz/international/pacific-news/380170/tonga-minister-open-to-discuss-controls-over-foreign-exchange

Men with thousands of dollars strapped to their bodies arrested at Tonga airport

By
Kalino Latu
-

Tongan Police have arrested two Asian men, 48 and 27 years old, attempting to smuggle thousands of dollars in cash out of the country.

The 48 year old was reported to have had at least US$40,000 while the 27 year old had NZ$10,000 which were both strapped to their bodies with tape.

Our correspondent in Tonga said the men were caught at Fua’amotu International Airport while they were about to board an Air New Zealand flight bound for Auckland.

They have been charged with money laundering and failure to disclose they carried with them the large amount of money.

They have been granted bail to appear at a Magistrate Court on January 28.

The duo have also been prohibited from leaving the kingdom.

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