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Someone from www.secalarm.com

Then I just noticed someone from http://www.secalarm.com wrote a response to my entry about the money OWED to the Office of Hawaiian Affairs here: http://haolegirl.livejournal.com/987665.html?view=2862353#t2862353

Note that this person from http://www.secalarm.com wrote about the state constitution. Someone has a reading comprehension problem:

Him from IP address 64.75.***.***:

Hawaii constitution does NOT require paying ceded land revenue to OHA

Looks like both you and Gordon Pang screwed up (or you just ASSumed he was correct without checking for yourself). There is absolutely nothing in the Hawaii constitution which requires paying even one penny of ceded land revenue to OHA.

Me: You will need to re-read this:

§10-3 Purpose of the office. The purposes of the office of Hawaiian affairs include:

(1) The betterment of conditions of native Hawaiians.

A pro rata portion of all funds derived from the public land trust shall be funded in an amount to be determined by the legislature for this purpose, and shall be held and used solely as a public trust for the betterment of the conditions of native Hawaiians.

For the purpose of this chapter, the public land trust shall be all proceeds and income from the sale, lease, or other disposition of lands ceded to the United States by the Republic of Hawaii under the joint resolution of annexation, approved July 7, 1898 (30 Stat. 750), or acquired in exchange for lands so ceded, and conveyed to the State of Hawaii by virtue of section 5(b) of the Act of March 18, 1959 (73 Stat. 4, the Admissions Act), (excluding therefrom lands and all proceeds and income from the sale, lease, or disposition of lands defined as "available lands" by section 203 of the Hawaiian Homes Commission Act, 1920, as amended), and all proceeds and income from the sale, lease, or other disposition of lands retained by the United States under sections 5(c) and 5(d) of the Act of March 18, 1959, later conveyed to the State under section 5(e);

(2) The betterment of conditions of Hawaiians;

(3) Serving as the principal public agency in this State responsible for the performance, development, and coordination of programs and activities relating to native Hawaiians and Hawaiians; except that the Hawaiian Homes Commission Act, 1920, as amended, shall be administered by the Hawaiian homes commission;

(4) Assessing the policies and practices of other agencies impacting on native Hawaiians and Hawaiians, and conducting advocacy efforts for native Hawaiians and Hawaiians;

(5) Applying for, receiving, and disbursing, grants and donations from all sources for native Hawaiian and Hawaiian programs and services; and

(6) Serving as a receptacle for reparations. [L 1979, c 196, pt of §2; am L 1990, c 304, §§4, 16]

Seen in HAWAII STATE LAW, Hawaii Revised Statute Chapter 10:


Note the bold then reread it over and over and over again. Mahalo!

This is another example of misinformation spread as well as people trying to de-HUMANize the Hawaiian. It's all in there. In STATE LAW but I like it how they try to twist it when it's all in there.

Then again my theory is that this person is not Hawaiian. Thus they see it as a money issue instead of the legal issue that it is and I do not and will not condone violating ANY laws such as this one. Auwe for this person to condone violating this law, HAWAII STATE LAW, Hawaii Revised Statute Chapter 10:


Or any law for that matter.

In addition this also shows how racist some people are against Hawaiians. This happened with Jews and with Popolos. Asians too and it behooves me to think that there are people singling out and targeting Hawaiians. This is evidence of this and yes... this person stalks my Livejournal since I see his/her IP address lurking here often.

Oh yeah... again... this is STATE LAW (Hawaii Revised Statute Chapter 10) and is based on a NATION that was gobbled up by America. (I am a citizen of both nations.) They want to break this law. Uh... that IS ILLEGAL. Just saying.

Anyway as a citizen of both nations I am REQUIRED to abide by many many laws. For the record... I do not get ANY money nor have I ever gotten ANY money from the Office of Hawaiian Affairs. However as a citizen of the nation of Hawaii... I keep tabs on the U.S.' legal and binding contract with the citizens of the nation of Hawaii. IF the U.S. had an agreement, a legally binding one at that, with the Japanese people if they gobbled up Japan then I would RESPECT their agreement. Unfortunately since we are Hawaiian... we are not respected nor is our agreement that our nation made with the United States of America. Well I pride myself in being law-abiding and I do not like it nor do I appreciate it when people condone breaking laws such as this one and nothing and no one will be able to encourage me from breaking any law(s).


( 2 comments — Leave a comment )
Jan. 31st, 2006 04:39 am (UTC)
You are using an outdated version of the Hawaii Constitution. Look at this portion of what you cited:


Section 5. There is hereby established an Office of Hawaiian Affairs. The Office of Hawaiian Affairs shall hold title to all the real and personal property now or hereafter set aside or conveyed to it which shall be held in trust for native Hawaiians and Hawaiians. There shall be a board of trustees for the Office of Hawaiian Affairs elected by qualified voters who are Hawaiians, as provided by law. The board members shall be Hawaiians. There shall be not less than nine members of the board of trustees; provided that each of the following Islands have one representative: Oahu, Kauai, Maui, Molokai and Hawaii. The board shall select a chairperson from its members. [Add Const Con 1978 and election Nov 7, 1978]

Now look more closely at this:

elected by qualified voters who are Hawaiians, as provided by law. The board members shall be Hawaiians.

The part that says "elected by qualified voters who are Hawaiians, as provided by law" was nullified by the Rice v. Cayetano decision nearly 6 years ago. The Supreme Court said Hawaii cannot have a racial restriction on who can vote -- it violates the 15th Amendment. And the second part of that "The board members shall be Hawaiians." was nullified by the Arakaki#1 lawsuit later in year 2000, which said that all persons regardlessof race can not only VOTE for OHA trustees but can also RUN for OHA trustees.

Anybody can use an old version of the Hawaii constitution to so-called prove something; but it just isn't true today.

See if you can find an up-to-date copy of the Hawaii constitution, and then show exactly where it has the correct up-to-date requirements for voting and running for OHA, and then show where is the language that says that the state must pay OHA 20% of ceded land revenues. It's not there.
Feb. 1st, 2006 12:39 am (UTC)
Well in your other post you mentioned that there was nothing in the Constitution when there was.

In 1997 it was amended to include among a few things that the grandchildren of the Hawaiian Home Land can inherit the property of their grandparent(s): http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=105_cong_reports&docid=f:hr016.105.pdf

Then in 2000 the U.S. Supreme Court in a 7-2 vote strikes down the practice of allowing only native Hawaiians to vote in OHA elections: http://supct.law.cornell.edu/supct/html/98-818.ZS.html

As for the "up-to-date copy" of the Hawaii State Constitution... that is the up to date copy. For example if you go to Section 23 which describes "marriage:"


Section 23. The legislature shall have the power to reserve marriage to opposite-sex couples. [Add HB 117 (1997) and election Nov 3, 1998]


That was approved by the voters in 1998 so it is the most up to date copy.
( 2 comments — Leave a comment )


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