The Editor, Sir:

An employee, an agent or a trustee ought not to make a secret profit while acting in the capacity of agent, employee or trustee if the profit or benefit comes by virtue of knowledge and opportunity gained while acting on behalf of the principal employer or trust.

This principle has long been established in our common law tradition and applies even in the absence of dishonesty. Those who wish to read more about it may look at the following reports: Boardman v Phipps (1966) 3 Aller 721. Regal Hasting v Gulliver (1942) 1 Aller 378, Reading v A-G (1951) 1 All 617 and Chang v NHT 28 JLR 495.

No secret benefit

Ministers of government are agents of the state. They act on behalf of all the people of Jamaica. It is therefore wrong for them while treating with others on behalf of Jamaica to negotiate and/or accept any secret benefit. If they do so then consistently with the principles outlined above they may be asked to account for such secret benefit.

Jamaicans in general, and our politicians in particular, seem not to appreciate what is meant by good faith, or as the lawyers quaintly express it, the duty of 'Uberrima fides.' We seem also to be unaware of the distinction between a political party and the government led by its members.

Perhaps civics and ethics should be made compulsory subjects in school and at university. Our politicians, I believe, also need a refresher course or two.

I am, etc.,

DAVID G. BATTS

dbatts@livingstonalexander.com

Kingston