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TWO ACCLAIMED LAWYERS FROM CEYLON WHO MIGRATED DURING THE DAYS OF “WHITE AUSTRALIA” IMMIGRATION POLICIES
by Hugh Karunanayake
The names Leslie de Saram and Aubrey Martensz are not likely to evoke sentiment of any kind from contemporary Sri Lankans. They were two outstanding lawyers who not only dominated legal practice and legal education, but also were very influential members of the profession and of Colombo’s social scene.
Both de Saram and Martensz were at various times partners of the well known legal firm FJ and G De Saram, founded by Leslie de Saram’s grandfather, FJ de Saram Senior, in 1841. F.J. De Saram (Snr) was the grandson of Maha Mudaliyar Christtofel de Saram, the son of Johan Henriques de Saram who was only 14-years old when taken to England by Governor Maitland, handpicked from among the leading “native” families as suitable for higher studies. That head start created a dynasty of lawyers.
It is widely acknowledged that the transformation of the island’s economy from a peasant based subsistence economy to a surplus making plantation economy after the British conquest of Ceylon, was characterised by a massive transfer of ownership of both crown land and private holdings. Lands were sold to entrepreneurs from Britain who initially planted coffee, and later tea and rubber.
The legal conveyancing which was necessary to establish ownership was dominated by three legal practices, viz that of FJ de Saram, VA Julius and FC Loos. All three virtually monopolised the conveyancing associated with the sale of crown land, as well as commercial properties associated with the plantation sector in Colombo.
FJ de Saram later formed a partnership with his relative George de Saram to form the well known firm of FJ and G de Saram. FC Loos whose son Hermann is best remembered for the Hermann Loos trophy, awarded to the best cadet contingent among competing schools did not perpetuate his legal practice through succeeding generations. VA Julius in association with his partner, Harry Creasy, formed the redoubtable firm of lawyers Julius and Creasy, which virtually monopolised the legal work of British companies in Ceylon during the Twentieth Century.
The partnership created by FJ de Saram (senior) is now in its 181 st year of existence and still in command of extensive legal work from the country’s large mercantile sector.
It may be appropriate if we discuss the lives of Leslie de Saram and Aubrey Martensz in relation to their family and its position in Sri Lankan society in order give better perspective to their roles in public life. A fact that is hardly remembered today is that the family was dominant in national life from the beginning of the 19th Century when the British took over the administration of the country, continuing well into the 21st century.
The De Saram and Martensz families began their association when FJ de Saram (Snr) commenced work under Proctor Andries Martensz on May 13, 1841. Proctor Martensz was the administrator of de Saram’s grandfather, Maha Mudaliyar Christtofel de Saram’s Estate. De Saram just 19- years of age at the time applied for enrolment as a Proctor two years later.
The association between the two families became closer when De Saram sought the hand of Martensz’s daughter Ann in marriage. The couple married on October 12, 1843, the groom just over 21-years old and the bride over 16-years of age. While the De Sarams considered themselves Sinhalese in ethnicity, Ann Martensz ‘s mother and maternal grandparents were Dutch. The link between the two families bonded by marriage, was to last over 140 years.
FJ de Saram’s (Senior) marriage to Ann produced 12 sons and daughters. He died at 49- years of age. His son FJ de Saram (jnr) was only 22 years of age at the time.
The partnership continued with FJ de Saram (Jnr) and his brothers until the entry of Leslie de Saram the eldest son of FJ de Saram Jnr who had two other sons Stanley and Eustace. Eustace died in 1919. Stanley joined the firm and was a partner until he was invited by Leechman and Co to be a Partner on its Board, and was its first Ceylonese Chairman.
He was appointed Chairman over the heads of many Senior British executives who were assured by the departing Chairman that Stanley De Saram’s position will enhance both the reputation and the business outreach of the firm.
Leslie continued to be the senior partner of FJ and G de Sarams, a position he reached in 1918. It has been said that Leslie’s father FJ de Saram (Jnr) trebled the volume of business to which he succeeded and it could be safely concluded that under Leslie’s leadership, the business would have even expanded more.
Like his grandfather, Leslie married a Martensz; Theodora Martensz who was a first cousin, thus continuing the close links between the De Saram and Martensz families. Three of Theodora’s brothers became partners of the firm. Two of them Aubrey and David became Senior partners.
Leslie was known to be an avid collector of antiques of which he had amassed a large and unique collection and was on display at his home “Brentham” in Cambridge Place. Some of the more notable unique items in his collection included a grandfather clock once owned by a Dutch Governor. He also had guns, swords and other implements of warfare used by the last King of Kandy Sri Wickrema Rajasinghe.
The clock and and his collection of rare books were donated to the newly established Peradeniya University, the Vice Chancellor of which Sir Ivor Jennings had been a close friend. The clock however came to a sorry end during a student uprising, the students apparently unaware of the historical significance of the antique clock, or perhaps not bothered about its significance even if they were aware.
Another notable donation was his donation of his 35-acre farm at Gurutalawa to St Thomas College. Although Leslie, his, father, grandfather, and great grandfather had all received their education at Royal College, ( the school of their fathers who learnt the way before them!) they were all very supportive of the Anglican Church, hence the donation to S Thomas College of which he was a member of the Board of Governors.
Another notable donation was the gift of two personal contributions of 5000 British pounds each, to the war effort during World War 2. The gift was made with the request that the source be not revealed but the Governor, Sir Andrew Caldecott, made a personal request that the gift be given publicity as it would encourage others to follow suit.
Philanthropy was nothing new to the de Sarams as FJ de Saram Jnr, Leslie’s father had donated the cost of an aircraft to the British war effort in World War 1. Leslie’s brother, Stanley. like Leslie, also resided in a large mansion in Cambridge Place called “The Eyds.” He and his wife Aimee, were gracious hosts to Lady Clementine Churchill, the wife of Sir Winston Churchill who spent a fortnight’s holiday with the de Sarams in January 1956.
Clementine was recuperating from an illness and desired to spend some time in Ceylon. The British High Commission in Colombo felt that it would have been good if the visitors were hosted in a private home rather than in an impersonal hotel. They were aware that Stanley de Saram and his wife lived in a splendidly fitted home and served by a dozen domestic staff including a butler, chef and others.
At the time social life at the upper end in Colombo was dominated by British expatriates who dominated the Mercantile sector of Ceylon. However the High Commissioner felt that Stanley de Saram was the best suited and equipped to play hosts to the VIPs and approached the de Sarams who readily agreed.
That visit by Lady Clementine Churchill and her cousin and closest friend Sylvia Henley was reciprocated by an invitation to spend a holiday with the Churchills in their home Chartwell in Kent where the de Sarams enjoyed a memorable holiday a few months later. Both Leslie and Stanley had no children. Leslie however adopted the two children of a sister of his.
A man described as “to the manor born” Leslie chose to spend his retirement in England, but later decided on Australia as he could not withstand the cold winters of England. His home in Cambridge Place, opposite the Colombo Museum was purchased by the Australian Government and served as its Embassy for several decades.
Leslie de Saram settled down in Canberra but also had a home in Sevenoaks, Kent, in England where he passed away at the age of 84 in in 1961. A great Ceylonese who had played a significant role in the development of the country passed away as quietly as he lived.
J Aubrey Martensz born on September 5, 1885 and educated at Royal College was a Senior Partner of the firm of FJ and G de Saram in 1947 and 1948. He was a close friend of the Prime Minister DS Senanayake who appointed him as Ceylon’s first High Commissioner to Australia in July 1948.
In April 1947 the First Australian High Commissioner in Ceylon, Mr CW Frost, cabled to Canberra on the impending appointment of Mr Aubrey Martensz. His cable stated “Mr Martensz, aged 63 is a nominated member of the House of Representatives. He is a Burgher and a prominent Solicitor until he discontinued practice on appointment to Parliament. Of high social standing he is well liked by all communities and all members of Government.”.
After completing his tenure as High Commissioner, he returned to Ceylon where he was appointed Chairman of the Associated Newspapers of Ceylon Ltd. Mr Martennz was a bachelor and he later migrated to Australia where he lived in Canberra in retirement. He died in March 1963 aged 78 years. In the biographical note which was maintained by the Australian Government regarding Mr Martesnz’s ethnic makeup was described as 62 ½ % Dutch, 25% Scottish, and 12 ½ % Sinhalese.
On looking back at the family structures of the De Sarams and the Martenszs the many intermarriages between the two families suggest that they were from one composite family rather than of two branches. Both Leslie de Saram and Aubrey Martensz were legal professionals who shone in their sphere of work, and were elite members of an urban society dominated by European manners and customs.
Their philanthropy, the concern for the less fortunate, and the leadership given to setting the pace for high public standards, integrity in public life, and dedication to the country, are some values sadly lacking in Sri Lanka of recent times. Their lives however could be hailed as of such quality and standard as could be emulated by contemporary and future Sri Lankans.
(Acknowledgement: “160 year practice of a Law firm in its historical setting” published by FJ and G de Saram, Colombo 2001. This essay was contributed by Hugh Karunanayake to a compendium of essays published under the title “Pursuing a Vision of Justice” Essays in honour of Maitri Panagoda, published by Vijitha Yapa May 2022.)
by Dr Gotabhya Ranasinghe
Senior Consultant Cardiologist
National Hospital Sri Lanka
When we sought a meeting with Hon Dr. Ramesh Pathirana, Minister of Health, he graciously cleared his busy schedule to accommodate us. Renowned for his attentive listening and deep understanding, Minister Pathirana is dedicated to advancing the health sector. His openness and transparency exemplify the qualities of an exemplary politician and minister.
Dr. Palitha Mahipala, the current Health Secretary, demonstrates both commendable enthusiasm and unwavering support. This combination of attributes makes him a highly compatible colleague for the esteemed Minister of Health.
Our discussion centered on a project that has been in the works for the past 30 years, one that no other minister had managed to advance.
Minister Pathirana, however, recognized the project’s significance and its potential to revolutionize care for heart patients.
The project involves the construction of a state-of-the-art facility at the premises of the National Hospital Colombo. The project’s location within the premises of the National Hospital underscores its importance and relevance to the healthcare infrastructure of the nation.
This facility will include a cardiology building and a tertiary care center, equipped with the latest technology to handle and treat all types of heart-related conditions and surgeries.
Securing funding was a major milestone for this initiative. Minister Pathirana successfully obtained approval for a $40 billion loan from the Asian Development Bank. With the funding in place, the foundation stone is scheduled to be laid in September this year, and construction will begin in January 2025.
This project guarantees a consistent and uninterrupted supply of stents and related medications for heart patients. As a result, patients will have timely access to essential medical supplies during their treatment and recovery. By securing these critical resources, the project aims to enhance patient outcomes, minimize treatment delays, and maintain the highest standards of cardiac care.
Upon its fruition, this monumental building will serve as a beacon of hope and healing, symbolizing the unwavering dedication to improving patient outcomes and fostering a healthier society.We anticipate a future marked by significant progress and positive outcomes in Sri Lanka’s cardiovascular treatment landscape within the foreseeable timeframe.
by Fr. Emmanuel Fernando, OMI
Jesuit Fr. Aloysius Pieris (affectionately called Fr. Aloy) celebrated his 90th birthday on April 9, 2024 and I, as the editor of our Oblate Journal, THE MISSIONARY OBLATE had gone to press by that time. Immediately I decided to publish an article, appreciating the untiring selfless services he continues to offer for inter-Faith dialogue, the renewal of the Catholic Church, his concern for the poor and the suffering Sri Lankan masses and to me, the present writer.
It was in 1988, when I was appointed Director of the Oblate Scholastics at Ampitiya by the then Oblate Provincial Fr. Anselm Silva, that I came to know Fr. Aloy more closely. Knowing well his expertise in matters spiritual, theological, Indological and pastoral, and with the collaborative spirit of my companion-formators, our Oblate Scholastics were sent to Tulana, the Research and Encounter Centre, Kelaniya, of which he is the Founder-Director, for ‘exposure-programmes’ on matters spiritual, biblical, theological and pastoral. Some of these dimensions according to my view and that of my companion-formators, were not available at the National Seminary, Ampitiya.
Ever since that time, our Oblate formators/ accompaniers at the Oblate Scholasticate, Ampitiya , have continued to send our Oblate Scholastics to Tulana Centre for deepening their insights and convictions regarding matters needed to serve the people in today’s context. Fr. Aloy also had tried very enthusiastically with the Oblate team headed by Frs. Oswald Firth and Clement Waidyasekara to begin a Theologate, directed by the Religious Congregations in Sri Lanka, for the contextual formation/ accompaniment of their members. It should very well be a desired goal of the Leaders / Provincials of the Religious Congregations.
Besides being a formator/accompanier at the Oblate Scholasticate, I was entrusted also with the task of editing and publishing our Oblate journal, ‘The Missionary Oblate’. To maintain the quality of the journal I continue to depend on Fr. Aloy for his thought-provoking and stimulating articles on Biblical Spirituality, Biblical Theology and Ecclesiology. I am very grateful to him for his generous assistance. Of late, his writings on renewal of the Church, initiated by Pope St. John XX111 and continued by Pope Francis through the Synodal path, published in our Oblate journal, enable our readers to focus their attention also on the needed renewal in the Catholic Church in Sri Lanka. Fr. Aloy appreciated very much the Synodal path adopted by the Jesuit Pope Francis for the renewal of the Church, rooted very much on prayerful discernment. In my Religious and presbyteral life, Fr.Aloy continues to be my spiritual animator / guide and ongoing formator / acccompanier.
Fr. Aloysius Pieris, BA Hons (Lond), LPh (SHC, India), STL (PFT, Naples), PhD (SLU/VC), ThD (Tilburg), D.Ltt (KU), has been one of the eminent Asian theologians well recognized internationally and one who has lectured and held visiting chairs in many universities both in the West and in the East. Many members of Religious Congregations from Asian countries have benefited from his lectures and guidance in the East Asian Pastoral Institute (EAPI) in Manila, Philippines. He had been a Theologian consulted by the Federation of Asian Bishops’ Conferences for many years. During his professorship at the Gregorian University in Rome, he was called to be a member of a special group of advisers on other religions consulted by Pope Paul VI.
Fr. Aloy is the author of more than 30 books and well over 500 Research Papers. Some of his books and articles have been translated and published in several countries. Among those books, one can find the following: 1) The Genesis of an Asian Theology of Liberation (An Autobiographical Excursus on the Art of Theologising in Asia, 2) An Asian Theology of Liberation, 3) Providential Timeliness of Vatican 11 (a long-overdue halt to a scandalous millennium, 4) Give Vatican 11 a chance, 5) Leadership in the Church, 6) Relishing our faith in working for justice (Themes for study and discussion), 7) A Message meant mainly, not exclusively for Jesuits (Background information necessary for helping Francis renew the Church), 8) Lent in Lanka (Reflections and Resolutions, 9) Love meets wisdom (A Christian Experience of Buddhism, 10) Fire and Water 11) God’s Reign for God’s poor, 12) Our Unhiddden Agenda (How we Jesuits work, pray and form our men). He is also the Editor of two journals, Vagdevi, Journal of Religious Reflection and Dialogue, New Series.
Fr. Aloy has a BA in Pali and Sanskrit from the University of London and a Ph.D in Buddhist Philosophy from the University of Sri Lankan, Vidyodaya Campus. On Nov. 23, 2019, he was awarded the prestigious honorary Doctorate of Literature (D.Litt) by the Chancellor of the University of Kelaniya, the Most Venerable Welamitiyawe Dharmakirthi Sri Kusala Dhamma Thera.
Fr. Aloy continues to be a promoter of Gospel values and virtues. Justice as a constitutive dimension of love and social concern for the downtrodden masses are very much noted in his life and work. He had very much appreciated the commitment of the late Fr. Joseph (Joe) Fernando, the National Director of the Social and Economic Centre (SEDEC) for the poor.
In Sri Lanka, a few religious Congregations – the Good Shepherd Sisters, the Christian Brothers, the Marist Brothers and the Oblates – have invited him to animate their members especially during their Provincial Congresses, Chapters and International Conferences. The mainline Christian Churches also have sought his advice and followed his seminars. I, for one, regret very much, that the Sri Lankan authorities of the Catholic Church –today’s Hierarchy—- have not sought Fr.
Aloy’s expertise for the renewal of the Catholic Church in Sri Lanka and thus have not benefited from the immense store of wisdom and insight that he can offer to our local Church while the Sri Lankan bishops who governed the Catholic church in the immediate aftermath of the Second Vatican Council (Edmund Fernando OMI, Anthony de Saram, Leo Nanayakkara OSB, Frank Marcus Fernando, Paul Perera,) visited him and consulted him on many matters. Among the Tamil Bishops, Bishop Rayappu Joseph was keeping close contact with him and Bishop J. Deogupillai hosted him and his team visiting him after the horrible Black July massacre of Tamils.
Sri Lanka-Singapore Free Trade Agreement
By Gomi Senadhira
senadhiragomi@gmail.com
“You might tell fairy tales, but the progress of a country cannot be achieved through such narratives. A country cannot be developed by making false promises. The country moved backward because of the electoral promises made by political parties throughout time. We have witnessed that the ultimate result of this is the country becoming bankrupt. Unfortunately, many segments of the population have not come to realize this yet.” – President Ranil Wickremesinghe, 2024 Budget speech
Any Sri Lankan would agree with the above words of President Wickremesinghe on the false promises our politicians and officials make and the fairy tales they narrate which bankrupted this country. So, to understand this, let’s look at one such fairy tale with lots of false promises; Ranil Wickremesinghe’s greatest achievement in the area of international trade and investment promotion during the Yahapalana period, Sri Lanka-Singapore Free Trade Agreement (SLSFTA).
It is appropriate and timely to do it now as Finance Minister Wickremesinghe has just presented to parliament a bill on the National Policy on Economic Transformation which includes the establishment of an Office for International Trade and the Sri Lanka Institute of Economics and International Trade.
Was SLSFTA a “Cleverly negotiated Free Trade Agreement” as stated by the (former) Minister of Development Strategies and International Trade Malik Samarawickrama during the Parliamentary Debate on the SLSFTA in July 2018, or a colossal blunder covered up with lies, false promises, and fairy tales? After SLSFTA was signed there were a number of fairy tales published on this agreement by the Ministry of Development Strategies and International, Institute of Policy Studies, and others.
However, for this article, I would like to limit my comments to the speech by Minister Samarawickrama during the Parliamentary Debate, and the two most important areas in the agreement which were covered up with lies, fairy tales, and false promises, namely: revenue loss for Sri Lanka and Investment from Singapore. On the other important area, “Waste products dumping” I do not want to comment here as I have written extensively on the issue.
1. The revenue loss
During the Parliamentary Debate in July 2018, Minister Samarawickrama stated “…. let me reiterate that this FTA with Singapore has been very cleverly negotiated by us…. The liberalisation programme under this FTA has been carefully designed to have the least impact on domestic industry and revenue collection. We have included all revenue sensitive items in the negative list of items which will not be subject to removal of tariff. Therefore, 97.8% revenue from Customs duty is protected. Our tariff liberalisation will take place over a period of 12-15 years! In fact, the revenue earned through tariffs on goods imported from Singapore last year was Rs. 35 billion.
The revenue loss for over the next 15 years due to the FTA is only Rs. 733 million– which when annualised, on average, is just Rs. 51 million. That is just 0.14% per year! So anyone who claims the Singapore FTA causes revenue loss to the Government cannot do basic arithmetic! Mr. Speaker, in conclusion, I call on my fellow members of this House – don’t mislead the public with baseless criticism that is not grounded in facts. Don’t look at petty politics and use these issues for your own political survival.”
I was surprised to read the minister’s speech because an article published in January 2018 in “The Straits Times“, based on information released by the Singaporean Negotiators stated, “…. With the FTA, tariff savings for Singapore exports are estimated to hit $10 million annually“.
As the annual tariff savings (that is the revenue loss for Sri Lanka) calculated by the Singaporean Negotiators, Singaporean $ 10 million (Sri Lankan rupees 1,200 million in 2018) was way above the rupees’ 733 million revenue loss for 15 years estimated by the Sri Lankan negotiators, it was clear to any observer that one of the parties to the agreement had not done the basic arithmetic!
Six years later, according to a report published by “The Morning” newspaper, speaking at the Committee on Public Finance (COPF) on 7th May 2024, Mr Samarawickrama’s chief trade negotiator K.J. Weerasinghehad had admitted “…. that forecasted revenue loss for the Government of Sri Lanka through the Singapore FTA is Rs. 450 million in 2023 and Rs. 1.3 billion in 2024.”
If these numbers are correct, as tariff liberalisation under the SLSFTA has just started, we will pass Rs 2 billion very soon. Then, the question is how Sri Lanka’s trade negotiators made such a colossal blunder. Didn’t they do their basic arithmetic? If they didn’t know how to do basic arithmetic they should have at least done their basic readings. For example, the headline of the article published in The Straits Times in January 2018 was “Singapore, Sri Lanka sign FTA, annual savings of $10m expected”.
Anyway, as Sri Lanka’s chief negotiator reiterated at the COPF meeting that “…. since 99% of the tariffs in Singapore have zero rates of duty, Sri Lanka has agreed on 80% tariff liberalisation over a period of 15 years while expecting Singapore investments to address the imbalance in trade,” let’s turn towards investment.
Investment from Singapore
In July 2018, speaking during the Parliamentary Debate on the FTA this is what Minister Malik Samarawickrama stated on investment from Singapore, “Already, thanks to this FTA, in just the past two-and-a-half months since the agreement came into effect we have received a proposal from Singapore for investment amounting to $ 14.8 billion in an oil refinery for export of petroleum products. In addition, we have proposals for a steel manufacturing plant for exports ($ 1 billion investment), flour milling plant ($ 50 million), sugar refinery ($ 200 million). This adds up to more than $ 16.05 billion in the pipeline on these projects alone.
And all of these projects will create thousands of more jobs for our people. In principle approval has already been granted by the BOI and the investors are awaiting the release of land the environmental approvals to commence the project.
I request the Opposition and those with vested interests to change their narrow-minded thinking and join us to develop our country. We must always look at what is best for the whole community, not just the few who may oppose. We owe it to our people to courageously take decisions that will change their lives for the better.”
According to the media report I quoted earlier, speaking at the Committee on Public Finance (COPF) Chief Negotiator Weerasinghe has admitted that Sri Lanka was not happy with overall Singapore investments that have come in the past few years in return for the trade liberalisation under the Singapore-Sri Lanka Free Trade Agreement. He has added that between 2021 and 2023 the total investment from Singapore had been around $162 million!
What happened to those projects worth $16 billion negotiated, thanks to the SLSFTA, in just the two-and-a-half months after the agreement came into effect and approved by the BOI? I do not know about the steel manufacturing plant for exports ($ 1 billion investment), flour milling plant ($ 50 million) and sugar refinery ($ 200 million).
However, story of the multibillion-dollar investment in the Petroleum Refinery unfolded in a manner that would qualify it as the best fairy tale with false promises presented by our politicians and the officials, prior to 2019 elections.
Though many Sri Lankans got to know, through the media which repeatedly highlighted a plethora of issues surrounding the project and the questionable credentials of the Singaporean investor, the construction work on the Mirrijiwela Oil Refinery along with the cement factory began on the24th of March 2019 with a bang and Minister Ranil Wickremesinghe and his ministers along with the foreign and local dignitaries laid the foundation stones.
That was few months before the 2019 Presidential elections. Inaugurating the construction work Prime Minister Ranil Wickremesinghe said the projects will create thousands of job opportunities in the area and surrounding districts.
The oil refinery, which was to be built over 200 acres of land, with the capacity to refine 200,000 barrels of crude oil per day, was to generate US$7 billion of exports and create 1,500 direct and 3,000 indirect jobs. The construction of the refinery was to be completed in 44 months. Four years later, in August 2023 the Cabinet of Ministers approved the proposal presented by President Ranil Wickremesinghe to cancel the agreement with the investors of the refinery as the project has not been implemented! Can they explain to the country how much money was wasted to produce that fairy tale?
It is obvious that the President, ministers, and officials had made huge blunders and had deliberately misled the public and the parliament on the revenue loss and potential investment from SLSFTA with fairy tales and false promises.
As the president himself said, a country cannot be developed by making false promises or with fairy tales and these false promises and fairy tales had bankrupted the country. “Unfortunately, many segments of the population have not come to realize this yet”.
(The writer, a specialist and an activist on trade and development issues . )
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