SPEECH OF H E. SAR KHENG
DEPUTY PRIME MINISTER OF THE ROYAL GOVERNMENT OF CAMBODIA AND CO-MINISTER
OF INTERIOR ON THE OCCASION
OF THE OPENING CEREMONY OF NOTARY COUNSEL
July 5, 2002
Excellencies, Ambassadors, Distinguished Guests, Neak
Okhnas, Ladies and Gentlemen!
Mr. Benson Samay, Notary Counsel!
It's my pleasure to attend this opening
ceremony of the Notary Counsel today. On behalf of the Royal government of Cambodia,
I extend the warmest congratulation to Mr. Benson Samay, the Notary Counsel,
who does the utmost to perform his duty to the government of Cambodia.
I recall that Cambodia is working hard
to become an industrialized nation by means of paying much attention to attract
the local and foreign investments. To achieve this goal, Cambodia should be
peaceful, politically stable, safe, secure and the legal system should be in
the firms where the laws can be enforced.
The Notary counsel is an institution
that has been granted the public power and authority to guarantee and protect
the interests of businessmen, investors and the people of Cambodia. The Notary
Counsel's re-establishment is very significant because it carries out the government's
policy of the reforms in the administration and governance under the leadership
of Samdech Hun Sen, the Prime Minister of the Royal Government of Cambodia.
The Notary Counsel re-installed is to encourage and attract the foreign investors
and ASEAN nations by providing legal assurance and protections for their businesses
The Notary Counsel had been existed since
1954, but it was terminated in 1975 on account of war in Cambodia. Now, the
Royal government of Cambodia grants Benson Samay as the Notary Counsel to officially
start the Notary System for the Kingdom of Cambodia. Because of his qualifications,
and his long experience of the Cambodian legal system, Benson Samay will define
the process of the Notary System in conformity with the laws of the Kingdom
of Cambodia and international standard of notary system.
This institution shall act and function
to protect and guarantee the state properties, freedom and property of individuals
based on the rules, laws and national interests. To strengthen the process of
the Notary System, the Royal Government of Cambodia is under way to draft new
laws involved because the Notary has been used broadly in the 68 developed countries
around the world. Neighboring countries such as Vietnam, Lao, China and Thailand
have also followed this system to legalize and authenticate documents to ensure
and protect the legal interests of the people.
The Notary Counsel is fully responsible
for drafting documents such as real estate contracts, property agreements and
notarizing the contracts for sales and purchase, mortgage, transfer of land
title, wills and testaments, commercial and industrial agreements. While notarizing
any document, the notary is not bias to any party because he plays the role
as an arbitrator and mediator to ensure accuracy, transparency and fairness
to both parties.
The notarized document is not just a
simple certification; it has to go through a thorough investigation to ensure
the document accurate before the law. The act to guarantee the security reduces
the cases of litigations in court, particularly the land issue we face today.
The Notary/Notaire Counsel is responsible
for indemnifying the loss of any party, if the notarized document is found to
be invalid in accordance with the laws of the Kingdom of Cambodia. The protective
measure done by the Civil-law Notary System is like an insurance policy and
considered to be part of the significant reforms towards Cambodians in ensuring
the protection by law and attraction to encourage local and foreign investments.
Before I conclude, I would like to appeal
to all representatives of the legal and judicial system to support and use the
Civil-law Notary System service to ensure transparency and fairness to our people.
Excellencies, distinguished guests, ladies
and gentlemen present here at this opening ceremony today, help to spread the
news of the Notary Counsel that can assist to legally protect and draft documents
to protect businessmen, traders, investors against forgery, fraud and disputes.
On the auspicious occasion, I would now
like to officiate the official opening of the Notary Counsel today. I wish the
Notary Counsel success in performing his duties.
Ladies and Gentlemen
5 best wishes: Buddha, longevity, prosperity, health, strength and wisdom.