The epic story of Kung Chun Quo, Abdul Hamze and the land for Mahogany Heights has been told many times. But to quickly recap: Chun Quo financed Hamze's purchase of the over 7,000 acres of land near La Democracia in 1993. In 1999, the land was sold to the government for $9.5 million and Hamze collected $7 million of that. He was supposed to pay quo two million dollars that he had fronted to acquire the land, and then split the difference with him as their profit.
But that never happened: and Hamze left the country, Kuo maintained his encumbrance on the property and government got stiffed for a vast tract of land for which it could not gain title or give proper title to homeowners. In January government hoped to settle it with a Supreme Court case in which the court ordered that GOB pay to court, on Kuo's behalf, the US$1.1 million to discharge his mortgage and call it at that. Government cut the check quickly hoping to dispose of the matter and get proper, un-encumbered title for the property.
Kuo's attorney Wilfred Elrington described that as unfair and went for an appeal. The Court of Appeals sent it back to the Supreme Court to recalculate the amount owing to Kuo. It should be heard shortly but in the meantime, Kuo has decided that he wants his $1.1 million, expecting that the Supreme Court will award him what is due to him on top of that. But Wilfred Elrington today told us that when he went to the Registrar of Courts for Kuo's check, the strangest thing happened. It's there, but he can't have it. Elrington wonders why.
Jules Vasquez Reporting,
It's Citibank check 4578 for US$1.1 million drawn on the Central Bank of Belize's U.S. account on July 24, 2006, duly authorized and ready for payment except the man who the check was made out to Kung Hung Kuo can't get his hands on it. Hit attorney Wilfred Elrington explained.
Wilfred Elrington, Attorney
"When we went back to collect it about two weeks later. We were shown the check, as a matter of fact we were given a copy of the check, but we were advised by the Registrar that the Financial Secretary, apparently on the advice
of Mr. Ghandi, was asking that the check be held and not delivered over to our client. Now we find that extremely unusual first of all because once monies are paid into the court pursuant to an order of the court, the executive has no control over that. That's a matter entirely for the court.
The Registrar finds himself in a very difficult position now where he has the order of the court which he should obey and he appreciates that but at the same time it is very difficult for a public officer to ignore instructions coming from the Financial Secretary. The situation is so unusual that I figured that the only reason why they would not in fact want this check to be released, and in fact were actively seeking to retrieve it, because they were actively seeking to retrieve it, to take it back from the court.
So I called the Governor and the Governor assured me very forthrightly that no politician could get him to issue a check which would bounce as the Governor of the Central Bank and that there is in fact monies in the bank."
Financial Secretary Joe Waight did not return our calls, but legal advisor to the Ministry of Finance Gian Ghandi did. He explains that Elrington and Kuo can have the check tomorrow if they agree to withdraw their appeal, and thus discharge the mortgage, thereby permitting government full, free and clear title to the land. As it is, Ghandi says the judgement of the Supreme Court has not benefited government because it still does not have a title that has been discharged of Kuo's mortgage.
