The article below was printed on page 14 of The Pacific Commercial Advertiser on July 31, 1901 in Honolulu. It is a window into a time of colliding legal systems and the Queen’s Hospital would soon become the first Hawaiian health institution to fall victim to the unlawful imposition of American laws. Queen’s Hospital was established as the national hospital for the Hawaiian Kingdom and that health care services for Hawaiian subjects of aboriginal blood was at no charge. The Hawaiian head of state would serve as the ex officio President of the Board together with twenty trustees, ten of whom were from the Hawaiian government.

Since the hospital’s establishment in 1859 the legislature of the Hawaiian Kingdom subsidized the hospital along with monies from the Queen Emma Trust. With the unlawful imposition of the 1900 Organic Act that formed the Territory of Hawai‘i, American law did not allow public monies to be used for the benefit of a particular race. 1909 was the last year Queen’s Hospital received public funding and it was also the same year that the charter was unlawfully amended to replace the Hawaiian head of state with an elected president from the private sector and reduced the number of trustees from twenty to seven, which did not include government officers.

These changes to a Hawaiian quasi-public institution is a direct violation of the laws of occupation, whereby the United States was and continues to be obligated to administer the laws of the occupied State—the Hawaiian Kingdom. This requirement comes under Article 43 of the 1907 Hague Convention, IV, and Article 64 of the 1949 Geneva Convention, IV.

Article 55 of the Hague Convention provides, “The occupying State shall be regarded only as administrator and usufructuary of public buildings, real estate, forests, and agricultural estates belonging to the [occupied] State, and situated in the occupied country. It must safeguard the capital of these properties, and administer them in accordance with the rules of usufruct.” The term “usufruct” is to administer the property or institution of another without impairing or damaging it.

Despite these unlawful changes, aboriginal Hawaiian subjects, whether pure or part, are to receive health care at Queen’s Hospital free of charge. This did not change, but through denationalization there was an attempt to erase. Aboriginal Hawaiian subjects are protected persons as defined under international law, and as such, the prevention of health care by Queen’s Hospital constitutes war crimes.

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MAY LOSE ITS MONEY

Queen’s Hospital Appropriation Peculiar.

PROVISION AS TO TREATMENT

Collision Between the Charter and the Bill Making the Grant for Period.

The Board of Health has a very delicate question to consider at its meeting this afternoon—one which places the Queen’s Hospital in a very queer situation.

The Legislature at its last session made an appropriation for the Queen’s Hospital of $40,000, to be used in the next biennial period. This was in line with the previous policy of the Government in making appropriation for the hospital, similar appropriations being made at the same time to other like institutions. There was, however, one very peculiar incident in connection with the appropriation made for the Queen’s Hospital. In the past the sum of $20,000 had always been given to the hospital for the biennial period, and Governor Dole recommended that the Legislature make the usual appropriation. Instead that body appropriated just double the amount asked, or $40,000.

Attached to the bill, however, was a rider providing that no distinction should be made as to race in the care of patients at the hospital. The appropriation was also placed in the hands of the Board of Health for proper payment and the Board now finds itself in a rather peculiar predicament.

The Queen’s Hospital was founded in 1859 by their Majesties Kamehameha IV and his consort Emma Kaleleonalani. The hospital is organized as a corporation and by the terms of its charter the board of trustees is composed ten members elected by the society and ten members nominated by the Government, of which the President of the Republic (now Governor of the Territory) shall be the presiding officer. The charter also provides for the “establishing and putting in operation a permanent hospital in Honolulu, with a dispensary and all necessary furniture and appurtenances for the reception, accommodation and treatment of indigent sick and disabled Hawaiians, as well as such foreigners and other who may choose to avail themselves of the same.”

Under this construction all native Hawaiians have been cared for without charge, while for others a charge has been made of from $1 to $3 per day. The bill making the appropriation for the hospital by the Government provides that no distinction shall be made as to race; and the Queen’s Hospital trustees are evidently up against a serious proposition.

Under the provisions of the Organic Act the Legislature has no power to give a subsidy to any institution and, under the construction likely to be placed by the Board of Health of the intentions of the Legislature, the Queen’s Hospital must be placed under the control of the Government before it may receive the appropriation of $40,000.

“I can see no way out of the difficulty at present,” said Secretary [George W.] Smith of the board of trustees for the Queen’s Hospital when his attention was called to the matter yesterday afternoon. “The hospital has been receiving regular stipulated amounts from the Government, generally $20,000 for each biennial period. This year when the Governor asked for a statement of the condition of the hospital’s finances it was handed to him, and he recommended that the Legislature make the usual allowance. I do not know they gave us $40,000 instead of the usual amount. There was a rider placed on the bill, however, to the effect that no distinction should be made as to race. The appropriation was also placed in the hands of the Board of Health. Formerly it was the custom for this money to be placed into the hands of the Minister of Finance and by him paid over quarterly directly to our treasurer. Why the change was made at this time I do not understand.”

“I do not see myself how the hospital could be placed in the hands of the Government, even if we wished to do so. The Government now has ten members upon the Board and also the presiding officer. Under our charter we are compelled to treat native Hawaiians free of charge, and I do not see how it can be changed. Then again we have in our hands $36,000 in trust funds which cannot very well be given over to the Government except in violation of the terms of the trust. Taken all around it is a very delicate question, and it is to be hoped that it may be settled without the loss of appropriation to the hospital. The hospital now treats free all soldiers and sailors and also the members of the police force.”

The matter will be discussed at this afternoon’s meeting of the Board of Health, though it is hardly likely that the matter can be definitely settled at this time. A joint meeting of the Board of Health and the trustees of the Queen’s Hospital will probably be held, at which the matter will be talked over before final action is taken.

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#ProtectedPersonsHawaii
#WarCrimesHawaii

COUNCIL MEMBER JEN RUGGLES RAISES CONCERNS ABOUT ALLEGED WAR CRIMES COMMITTED AGAINST PROTECTED PERSONS

Concerned She May Be Incurring Criminal Liability and Requests Corporation Counsel Opinion regarding incurring Criminal Liability

Hilo, HI- Council member Jen Ruggles released a statement today stating she had recently come to understand that she may be in violation of her oath of office to uphold the United States constitution and may be incurring criminal liability for war crimes under both U.S. federal law and international law. She has retained Stephen Laudig as legal counsel in order to communicate with the County Corporation Counsel on this matter.

Click here to download the letter to Joe Kamelamela, Hawai‘i County Corporation Counsel.

Through her attorney, Council member Ruggles has formally requested the Office of Corporation Counsel to assure her that she is not incurring criminal liability under international humanitarian law and United States Federal law as a Council member for:

1. Participating in legislation of the Hawai‘i County Council that would appear to be in violation of Article 43 of the Hague Regulations and Article 64 of the Geneva Convention where the laws of the Hawaiian Kingdom must be administered and not the laws of the United States;
2. Being complicit in the collection of taxes from protected persons that stem from legislation enacted by the Hawai‘i County Council, which would appear to be in violation of Article 28 and 47 of the Hague Regulations and Article 33 of the Geneva Convention where pillaging is prohibited;
3. Being complicit in the foreclosures of properties of protected persons for delinquent property taxes that stem from legislation enacted by the Hawai‘i County Council, which would appear to be in violation of Article 28 and 47 of the Hague Regulations and Article 33 of the Geneva Convention where pillaging is prohibited, as well as in violation of Article 46 of the Hague Regulations and Articles 50 and 53 of the Geneva Convention where private property cannot be confiscated; and
4. Being complicit in the criminal prosecution of protected persons for committing misdemeanors or felonies that stem from legislation enacted by the Hawai‘i County Council, which would appear to be in violation of 147 of the Geneva Convention where protected persons are prohibited from being unlawfully confined, and cannot be denied a fair and regular trial by a tribunal with competent jurisdiction.

Until Corporation Counsel is able to assure, under applicable laws, that Council member Ruggles is not incurring criminal liability under international humanitarian law and U.S. law, she says she will be refraining from participating in the proposing and enacting of legislation for the Hawai‘i County Council. She will continue to serve her constituents as a Council member on all other matters that do not conflict with the topics of her request to the Corporation Counsel. As soon as Corporation Counsel can assure her that no criminal liability is being incurred, she will return to legislate.

“I took an oath where I swore to support and defend the U.S. Constitution, and the constitution states that treaties are the supreme law of the land. My current understanding is that the Hague and Geneva Conventions are international treaties ratified by the United States,” Ruggles said, “and until our county attorney assures me I am not violating my oath of office, and not incurring criminal liability, I must refrain from enacting any further legislation. I am eagerly awaiting his response. In the meanwhile my constituents can be assured that I am still available to them, will continue to focus on our district and stand up for our disadvantaged populations.”

Her attorney, Stephen Laudig, states that Ruggles had been made aware of the history of the United States’ occupation of the Hawaiian Kingdom when she received an email from the Hawaiian Kingdom acting Council of Regency informing her, and all other Hawaii legislators, of several legal actions substantiating the continued existence of the Hawaiian Kingdom as a sovereign and independent State. Among the legal actions were the Larsen v. Hawaiian Kingdom proceedings held under the auspices of the Permanent Court of Arbitration, The Hague, Netherlands; the United Nations Independent Expert, Office of the High Commissioner for Human Rights, Dr. Alfred deZayas’ memorandum to the members of the judiciary of the State of Hawai‘i dated February 25, 2018; and the more recent lawsuit of David Keanu Sai, as Chairman of the Council of Regency v. Donald Trump, as President of the United States that was filed with United States District Court for the District of Columbia on June 15, 2018 addressing the failure of the United States to administer the laws of the Hawaiian Kingdom under Article 43 of the 1907 Hague Regulations and Article 64 of the 1949 Geneva Convention.

Ruggles says she then sought to verify the claims made by the chair of the Hawaiian Kingdom’s Acting Council of Regency, Dr. Keanu Sai, and has found his research to be thorough and comprehensive as to the explanation of legal facts describing the events leading up to and during the commencement of the illegal occupation of the Hawaiian Kingdom. She also became aware that in seven different criminal and civil cases, Dr. Sai was acknowledged and admitted as an expert witness on the subject of the continuity of the Hawaiian Kingdom as an independent State and international laws. Three of those cases were held on Hawai‘i Island in the Third Circuit.

The turning point that got Ruggles to take action was the United Nations Independent Expert’s memorandum to State of Hawai‘i officials and the lawsuit filed in Washington, D.C. In his memorandum, the Independent Expert stated, “I have come to understand that the lawful political status of the Hawaiian Islands is that of a sovereign nation-state in continuity; but a nation-state that is under a strange form of occupation by the United States resulting from an illegal military occupation and a fraudulent annexation.” He goes on to state that “As such, international laws (the Hague and Geneva Conventions) require that governance and legal matters within the occupied territory of the Hawaiian Islands must be administered by the application of the laws of the occupied state (in this case, the Hawaiian Kingdom), not the domestic laws of the occupier (the United States).”

Ruggles’ says she views the Independent Expert’s statements as authoritative under international law especially from the fact that when Dr. deZayas was elected by the United Nations Human Rights Council in 2012, the United States was a member and did not dispute his appointment.

Consequently, council member Ruggles says she began to question her own position as an elected official who swore to support and defend the constitution of the United States as to whether or not she is incurring criminal liability for enacting United States law as a legislator, which appears to be in conflict with Article 43 of the 1907 Hague Regulations and Article 64 of the 1949 Fourth Geneva Convention which mandates the occupying State (United States) to administer the laws of the occupied State (Hawaiian Kingdom).

Ruggles says, “I want it to be clear that this action, on my part should not be construed as a publicity stunt but is rather acting upon the advice of counsel given the awareness she has regarding alleged war crimes, and the awareness other State of Hawai‘i officials had and remained silent.” Ruggles says she “is a firm believer in the rule of law and not the politics of power.”

HAWAII ISLAND – Keanu Sai has filed a petition for an emergency writ of mandamus with U.S. Federal District Court in Washington, D.C.

(BIVN) – David Keanu Sai, Ph.D., acting as Chairman of the acting Council of Regency for the Hawaiian Kingdom, has filed a lawsuit against United States President Donald Trump regarding the prolonged American occupation of the Hawaiian Islands.

Sai, who will be speaking at a La Ho‘iho‘i Ea event in Kalapana this weekend, filed the lawsuit on June 25 in U.S. Federal District Court in Washington, D.C.

The suit comes on the heels of the February 25 memorandum written by Dr. Alfred M. deZayas – the United Nations Independent Expert under the Office of the High Commissioner for Human Rights – to members of the judiciary of the State of Hawai‘i advising the courts “should not lend themselves to a flagrant violation of the rights of the land title holders” and “must not enable or collude in the wrongful taking of private lands”, based on the understanding that Hawaii is a “sovereign nation-state in continuity” which is “under a strange form of occupation by the United States resulting from an illegal military occupation and fradulent annexation.”

The conclusion of Dr. deZayas is nothing new to followers of Sai’s work. He has been working at home and abroad to educate the world about the Hawai‘ian Kingdom. Last year, shortly after President Donald Trump took office, we interviewed Sai about a series of topics, including alleged “war crimes” as it relates to international law.

HILO, Hawaii – The political and agent representing the Provisional Government of the Hawaiian Kingdom, gives a two hour presentation in Hilo.

(BIVN) – In the opening presentation kicking off a two-day Lā Kuʻokoʻa educational conference in Hilo, Dr. Keanu Sai gives a lengthy talk on the Hawaiian Kingdom and the United States occupation.

Sai told attendees about the delay of the first hearing of the International Commission of Inquiry constituted under the Permanent Court of Arbitration in the Larsen v. Hawaiian Kingdomcase, and took some questions at the end. But the bulk of his presentation dealt with what he shows to be an ongoing state of war between the United States and the Hawaiian Kingdom, and the subsequent illegal annexation by Congressional resolution. The information covered forms the basis of Sai’s doctoral thesis and his work at The Hague.

HILO, Hawaii – Keanu Sai told attendees at a Hilo Lā Kuʻokoʻa conference that the Secretary-General of the Permanent Court of Arbitration “has just been exposed as an agent for the United States at the highest level of the court.”

(BIVN) – The first sitting of the International Commission of Inquiry, initially scheduled for January 16 and 17, 2018 on the grounds of ‘Iolani Palace at the Kana‘ina Building, has been delayed.

Political scientist Dr. Keanu Sai, who is also the agent representing the Provisional Government of the Hawaiian Kingdom in the Inquiry that stems from the Larsen v. Hawaiian Kingdom arbitration held at the Permanent Court of Arbitration from 1999-2001, made the announcement during a Lā Kuʻokoʻa educational conference held in Hilo on Saturday.

“We’re gonna probaly have to hold back on the hearing of January 16 and 17, and probably move it to March,” Sai said.

The orginal January hearing dates would have coincided with the 125th anniversary of the American invasion of the Hawaiian Kingdom on January 16, 1893 – which was followed by the conditional surrender of the Hawaiian government by Queen Lili‘uokalani on January 17, 1893.

According to the Hawaiian Kingdom blog:

At the core of these proceedings will be the unlawful imposition of American laws that led to the unfair trial, unlawful confinement and pillaging of Lance Paul Larsen, a Hawaiian subject and victim of war crimes committed against him by the United States through its armed force—the State of Hawai‘i. These war crimes were committed in 1999.

The reasons for the delay seem steeped in international intrigue.

“I gotta be honest,” Sai told the crowd at the Boys and Girls Club gym during the Lā Kuʻokoʻa event, “I always kept thinking ‘how is the United States gonna obstruct these proceedings?’ They’re not gonna just sit there and let it happen, right?”

The Tribunal in the 1999-2001 arbitration concluded that “it could not determine whether the (Hawaiian Kingdom) has failed to discharge its obligations towards (Larsen) without ruling on the legality of the acts of the United States of America – something the Tribunal was precluded from doing as the United States was not party to the case,” the PCA says on its website. Sai says the U.S. was given the opportunity to participate before the Tribunal was convened. The U.S. State Department declined, he said, instead asking to access the records of the PCA proceedings.

“If there was any time that the United States could have stopped these proceedings, it would have been then in 2000,” Sai said. “But they would have to show the Hawaiian Kingdom doesn’t exist as a state. They couldn’t.”

17 years later, and the International Commission of Inquiry – an avenue recommended by the Tribunal in its 2001 award – is about to get underway.

“This is headquarters for Pacific Command. 118 military installations here,” Sai said of the United States. “You’re not just gonna sit down and let this whole things happen.”

As things were moving along towards the first hearings, Sai said suddenly, the Secretary-General of the Permanent Court of Arbitration, Hugo Hans Siblesz, “obstructed the proceedings,” via a letter, saying that entities who are not members of the United Nations “cannot use this court.”

“We were already there!” Sai said, reliving his astonishment. “This case is stemming from the original case.”

Sai and his deputy agents tried to contact the Secretary-General, to no avail. “Something’s happening,” Sai thought. “Number one, that’s very evasive. This guy doesn’t want to talk.”

The events prompted Sai to travel to the Hague, where the Permanent Court of Arbitration is located. But before doing so, Sai looked into the cryptic statements contained in Secretary-General Siblesz’ letter. His research led him to conclude that the Secretary-General “was actually representing the United States and protecting them in these proceedings.”

“The Secretary-General cannot operate outside of the Hague convention,” Sai said. “That means the Secretary-General has just been exposed as an agent for the United States at the highest level of the court. That’s huge. That’s a political bomb, right there.”

The story goes on. “A formal complaint was received – and I can’t say which country”, Sai said, “but we met with an embassy in the Hague and I was received as an ambassador-at-large for the Hawaiian Kingdom, and they acknowledged receipt of a formal complaint against the Secretary-General.”

“We’re gonna take it to another level now,” Sai said. “Now, we’re taking it to all 122 countries,” also known as the Contracting Party states, whose diplomatic representatives comprise the Administrative Council of the Permanent Court of Arbitration. “And we’re also gonna take it to all 193 countries at the (United Nations).”

Sai says the embassy of the country filing the complaint is asking to “keep things bilateral and confidential” for the time being, as negotiations take place at the international level.

Big Island Video News will be posting the entire presentation given by Sai during Saturday’s Lā Kuʻokoʻa educational conference.