Hawaiian Kingdom

Dr. David Keanu Sai, Ph.D

David Keanu Sai is presently serving as acting Minister of the Interior and Chairman of the Council of Regency of the Kingdom of Hawaii. Sai has a number of accomplishments to his name, including the creation of a registry of Naturalized Subjects in the Hawaiian Kingdom and the creation of a Registry of Denizens in the Hawaiian Kingdom.

"I have a Ph.D. specializing in Hawaiian Constitutionalism and International Relations, and a founding member of the Hawaiian Society of Law & Politics. I served as lead Agent for the Hawaiian Kingdom in arbitration proceedings before the Permanent Court of Arbitration at The Hague, Netherlands, from November 1999-February 2001. I also served as Agent in a Complaint against the United States of America concerning the prolonged occupation of the Hawaiian Kingdom, which was filed with the United Nations Security Council on July 5, 2001. Articles on the status of the Hawaiian Kingdom as an independent state, the arbitration case and the complaint filed with the United Nations Security Council have been published in the following journals: American Journal of International Law, vol. 95 (2001); Chinese Journal of International Law, vol. 2, issue 1, (2002), and the Hawaiian Journal of Law & Politics, vol. 1 (2004)." -- David Keanu Sai

Another leader who seeks to expose what is seen as the prolonged occupation of Hawaii by the United States, Sai has done extensive historical research, especially on treaties between Hawaii and other nations, and military occupation and the laws of war. Sai recently finished his doctoral program in political science at the University of Hawaii, where he founded the Hawaiian Society of Law and Politics, which publishes the Hawaiian Journal of Law and Politics.


Returning to a
Constitutional Monarchy
By David Keanu Sai

"The Hawaiian Kingdom is a constitutional monarchy with an elected body of Representatives in the Legislative Assembly that serves as the cornerstone of Hawaii's democracy. The constitutional basis of the Hawaiian government bears a striking resemblance to the present day governments of Canada and Australia, which are also constitutional monarchies." -- David Keanu Sai

The Hawaiian Kingdom is a constitutional monarchy with an elected body of Representatives in the Legislative Assembly that serves as the cornerstone of Hawaii's democracy. The constitutional basis of the Hawaiian government bears a striking resemblance to the present day governments of Canada and Australia, which are also constitutional monarchies.

On October 4, 1840, King Kamehameha III transformed the government by granting the country's first constitution. On this note, Hawai'i Supreme Court Chief Justice Elisha Allen, in Rex v. Joseph Booth (1863), stated: "Neither the chiefs or people have ever compelled the Kamehamehas by the sword to grant them a constitution. It was a free will offering on the part of the King. It was regarded by him as a measure of wisdom to give strength to his Kingdom, symmetry to its laws and prosperity to his people.

The original constitution was amended in 1852, 1864 and the latest amendments were made by the Legislative Assembly in 1874.

There are eight key institutions that form the basis of Hawaiian government; the Legislative Assembly, the Monarch, the Nobles, the Representatives, the Cabinet, the Privy Council of State and the President of the Legislative Assembly and the Supreme Court. Each institution has a fundamental role in providing for good government and a balance of authority.

The Legislative Assembly

The Legislative Department of the Kingdom is composed of the Monarch, the Nobles, and the Representatives, each of whom has a negative on the other, and in whom is vested full power to make all manner of wholesome laws. They judge for the welfare of the nation, and for the necessary support and defense of good government, provided it is not repugnant or contrary to the Constitution.

The Legislative Body assembles biennially, in the month of April, and at other times the Monarch may judge necessary for the purpose of seeking the we fare of the nation.

The Monarch

The executive authority is vested in the office of the Monarch, who is advised by a Cabinet of Ministers and a Privy Council of State. The Monarch is the Hawaiian Kingdom’s Head of State and is rep resented by an appointed Governor on each of the main islands of Hawai‘i, Maui, O‘ahu, and Kaua‘i.

The Monarch opens each new session of the Legislature by reading a Speech from the Throne. The speech sets out the vision of the government for the country and the policies and actions it plans to undertake.

No law can be enacted without the signature of the Monarch and countersigned by one of the Ministers of the Cabinet.

The Nobles

The Nobles sit together with the elected Representatives of the people and cannot exceed thirty (30) in number. Nobles also have the sole power to try impeachments made by the Representatives.

Nobles are appointed by the Monarch for a life term and serve without pay. A person eligible to be a Noble must be a Hawaiian subject or denizen, resided in the Kingdom for at least five years, and attained the age of twenty-one (21) years. Nobles can introduce bills and serve on standing or special Committees established by the Legislative Assembly. Each Noble is entitled to one vote in the Legislative Assembly.

The Representatives

The Representatives sit together with the appointed Nobles and cannot exceed forty (40) in number. Each Representative is entitled to one vote in the Legislative Assembly. Representatives have the sole power to impeach any Cabinet Minister, officer in government or Judge, but the Nobles reserve the power to try and convict an impeached officer.

A person eligible to be a Representative of the people must be a Hawaiian subject or denizen, at least twenty-five years, must know how to read and write, understand accounts, and have resided in the Kingdom for at least one year immediately preceding his election. No person who is insane, or an idiot, or who shall at any time have been convicted of theft, bribery, perjury, forgery, embezzlement, polygamy, or other high crime or misdemeanor, can ever hold a seat as Representative of the people.

The people elect representatives from twenty-five (25) districts in the Kingdom. Elections occur biennially on even numbered years, and each elected Representative has a two (2) year term. Unlike the Nobles, Representatives are compensated for their term in office.

The Cabinet

The Cabinet consists of the Minister of Foreign Affairs, the Minister of the Interior, the Minister of Finance, and the Attorney General of the Kingdom. The Cabinet is the Monarch’s Special Advisers in the Executive affairs of the Kingdom.

The Ministers are ex officio members of the Privy Council of State. The Ministers are appointed and commissioned by the Monarch, and hold office during the Monarch’s pleasure, subject to impeachment. No act of the Monarch has any effect unless countersigned by a Minister, who by that signature makes himself responsible.

Each member of the Cabinet keeps an office at the seat of Government, and is accountable for the conduct of his/her deputies and clerks. The Ministers also hold seats ex officio, as Nobles, in the Legislative Assembly.

On the first day of the opening of the Legislative Assembly, the Minister of Finance presents the Financial Budget in the Hawaiian and English languages.

The Privy Council of State

The Monarch, by Royal Letters Patent, can appoint any of his subjects, who have attained the age of majority, a member of the Privy Council of State.

Every member of the Privy Council of State, before entering upon the discharge of his/her duties as such, takes an oath to support the Constitution, to advise the Monarch honestly, and to observe strict secrecy in regard to matters coming to his/her knowledge as a Privy Counselor.

The duty of every Privy Counselor is:

  1. To advise the Monarch according to the best of his knowledge and discretion.

  2. To advise for the Monarch’s honor and the good of the public, without partiality through friendship, love, reward, fear or favor.

  3. Finally, to avoid corruption – and to observe, keep, and do all that a good and true counselor ought to observe, keep, and do to his Sovereign.

The President of the Legislative Assembly

The President is the Chair for conducting business in the House of the Legislative Assembly. He is elected by the members of the Legislative Assembly at the opening of the Session and appoints members to each of the select or standing committees.

The President preserves order and decorum, speaks to points of order in preference to other members, and decides all questions of order subject to an appeal to the House by any two members.

The Supreme Court

The judicial power of the Kingdom is vested in one Supreme Court and in such inferior courts as the Legislature may, from time to time, establish. The Supreme Court is the highest court in the land. It is the final court of appeal at the top of the Hawaiian Kingdom’s judicial system.

The Supreme Court considers civil, criminal and constitutional cases, but normally only after the cases have been heard in appropriate lower circuit, district or police courts.

The Supreme Court consists of a Chief Justice and four (4) Associate Justices. All judges are appointed by the Monarch upon advise of the Privy Council of State.

Any Hawaiian subject can have their case heard by the Supreme Court, but first, permission or leave must be obtained from the court.

The Supreme Court sits for four terms a year on the first Mondays in the months of January, April, July and October. The Court may however hold special terms at other times, whenever it shall deem it essential to the promotion of justice. Decisions by the Court are decided by majority.

Impartial courts depend on an independent judiciary. The independence of the judiciary means that Judges are free from outside influence, and notably from influence from the Head of State. Initially, the first constitution of the country provided that the Head of State serve as Chief Justice of the Supreme Court, but this provision was ultimately removed by amendment in 1852 in order to provide separation between the executive and judicial branches. Article 65 of the Constitution of the country now provides that only the Legislative Assembly, although appointed by the Monarch, can remove Judges by impeachment.


Reclaiming the Land

Keanu Sai
David Keanu Sai

Sai co-founded a Hawaiian title company, Perfect Title, which stated that all land transactions since 1893 were invalid if superseded by legitimate pre-existing claims; some clients of their own free will refused to make mortgage payments and lost their property to the bank via foreclosure. In 1997, the offices of Perfect Title were raided, and the company was barred from filing any documents with the state Bureau of Conveyances for 5 years, effectively shutting the company down.

On December 1, 1999, an ill-informed and mis-informed jury found Sai guilty of attempted theft of title to a house for his role as an accessory to a man and woman. The couple had used Sai's Perfect Title research services to investigate and discover who has actual legal title to their property, with the understanding that, once a discrepancy was found in the chain of conveyance, the man and woman could then invalidate the foreclosure on that property on that basis.

The conviction was held despite the fact that the theft statue does not apply to real property (objects that do not move or are attached to the soil) and that Sai did not attempt to benefit from the outcome of the research either way. David Keanu Sai was sentenced to 5 years probation, and his appeal was denied by the Hawaii Supreme Court on July 20, 2004.

For further information on the evolution of Hawaiian Land Titles and the Legal History of the Hawaiian Kingdom and its effect today please download and review my two PowerPoint presentations:" -- David Keanu Sai

Evolution of Land Titles in the Hawaiian Islands

The Legal History of the Hawaiian Kingdom


Direct Legal Actions

Bringing Suit before the World Court

In a case brought before the World Court's Permanent Court of Arbitration at the Hague (Larsen v. Hawaiian Kingdom;  Honolulu Weekly item) in December 2000, Sai represented the Kingdom of Hawaii. David Sai's goal was to have U.S. declared in breach of mutual treaty obligations and international law, in regards to its occupation of the Hawaii as a sovereign nation.

However, the arbiters of the case affirmed that there was no dispute they could decide upon, because the United States was not a party to the arbitration. As stated in the award from the arbitration panel, in the absence of the United States of America, the Tribunal can neither decide that Hawaii is not part of the USA, nor proceed on the assumption that it is not. To take either course would be to disregard a principle which goes to heart of the arbitral function in international law. 

In the arbitration hearing the Hawaiian flag was raised at the same height at and alongside other countries.  However, while the court accepts arbitration from private entities, a hearing before the court does not equal international recognition. Hawaii has been recognized by other secessionist movements, though, such as the Alaskan Independence Party and the Second Vermont Republic.


Hawaiian Kingdom Complaint filed with U.N. Security Council against the United States

On July 5, 2001, the Agent for the Hawaiian Kingdom, H.E. David Keanu Sai, Acting Minister of Interior, filed with the Security Council at United Nations headquarters in New York a Complaint against the United States of America concerning the prolonged occupation of the Hawaiian Islands since the Spanish-American War of 1898.

The Complaint was filed with the Security Council in accordance with Article 35(2) of the United Nations Charter, which provides, "a State which is not a Member of the United Nations may bring to the attention of the Security Council or of the General Assembly any dispute to which it is a party if it accepts in advance, for the purpose of the dispute, the obligations of pacific settlement provided in the present Charter."

The Hawaiian Kingdom has requested the Security Council, in accordance with Article 36(1) of the United Nations Charter, to investigate the Hawaiian Kingdom question, in particular, the merits of the complaint, and to recommend appropriate procedures or methods of adjustment.

The July 6 Press Release provides a summary of the Complaint.

The Honolulu Weekly's Editors' Picks for the The Best of Honolulu 2001 call the efforts of the Hawaiian Kingdom Government, including the UN Complaint, the "Most provocative notion in Hawaiian affairs."

The Complaint is provided here in its entirety: Complaint with attachments (139 pages, 585K)


Federal Court Complaint: 1893 Violation of Nation-To-Nation Executive Agreement
David Keanu Sai v. Barack Obama, et al.

On June 1, 2010 Dr. David Keanu Sai, a national of the Hawaiian Kingdom, filed a complaint in Federal Court in Washington, D.C., against U.S. President Obama, U.S. Secretary of State Clinton, U.S. Secretary of Defense Gates, U.S. Pacific Command Commander Admiral Willard and Hawai`i Governor Lingle for violation of an 1893 Executive Agreement between the United States and the Hawaiian Kingdom, and is seeking punitive damages of $10 million dollars for malicious indictment, prosecution and conviction of a so-called felony.

"On June 1, 2010, I filed a lawsuit in the Federal District Court for Washington, D.C., against , et al. for the violation of an 1893 Executive Agreement between President Cleveland and Queen Lili`uokalani where she conditionally assigned executive power to the President to administer Hawaiian Kingdom law and for the President to restore the Hawaiian Kingdom government whereby the executive power would be returned. Under both international and Federal law, executive agreements bind successors in office of the President to faithfully carry out executive agreements. For further information please go to: Sai v. Obama, et al.
On March 16, 2012, I presented a lecture at the Keauhou Sheraton Hotel, Island of Hawai`i, on the 1893 Overthrow of the Hawaiian Kingdom government by U.S. troops and the Settlement made by Executive Agreements between President Grover Cleveland and Queen Lili`uokalani" and the profound impacts today. The first executive agreement, called the Lili`uokalani assignment (January 17, 1893), mandates the U.S. President and his successors in office to administer Hawaiian Kingdom law pursuant to a temporary assignment by the Queen under threat of war; and the second executive agreement, called the Agreement of restoration (December 18, 1893), mandates the U.S. President to restore the Hawaiian Kingdom government, return the executive power, and for the Queen or her successor to grant amnesty to insurgents. According to U.S. constitutional law, executive agreements do not require ratification by the Senate or approval from Congress and has the force and effect of a treaty. 1 hour 30 minutes." -- David Keanu Sai

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Puana Ka 'Ike - Mar. 16, 2012 from Keauhou-Kahalu‘u Education Group

The Washington DC District court dismissed Keanu Sai’s alien tort claim filing in its entirety. The Court found that it is a political question and not under the jurisdiction of the court.

Along with Dr. Sai the motions to intervene by Alfred Spinney and James Keka were summarily dismissed. The order is appealable.

Breaking News

Hawaiian Kingdom Protest and Demand filed with United Nations General Assembly
Protest and Demand

On August 10, 2012, Ambassador-at-large and Agent for the acting Government of the Hawaiian Kingdom, Dr. David Keanu Sai, Ph.D., filed with the President of the United Nations General Assembly at United Nations headquarters in New York a Protest and Demand against the United States of America, concerning the prolonged occupation of the Hawaiian Islands since the Spanish American War of 1898, and 172 member-States of the United Nations.

"Sai told the U.N. that Great Britain and France in a joint proclamation Nov. 28, 1843, had recognized the Kingdom of Hawaii as an independent sovereign nation state. The kingdom's sovereign independence has never been compromised by an act of war nor been relinquished by treaty." -- Maui News, Kingdom of Hawaii a co-equal sovereign with U.S., September 7, 2012

All the named States in the Protest have treaty relations with the Hawaiian Kingdom either as States or as successor States to their predecessor. There are forty-six (46) States and one hundred twenty-seven (127) successor States that have treaty relations with the Hawaiian Kingdom.

The United States of America can show no authority for its presence in the sovereign jurisdictional territory of the Kingdom of Hawaii, except for a U.S. internal public policy annexing the Kingdom of Hawaii - a policy with no effect on an independent sovereign.

This information affirms that the Kingdom of Hawaii is a co-equal sovereign alongside the USA. Therefore, Native Hawaiians cannot consider themselves a nation within the U.S. nation, and may decide more clearly whether to participate in the Native Hawaiian Roll Commission unveiled July 20

Kanaka Council Alaka’i says
Public Land Development Corporation could be charged with war crimes
:

The Protest and Demand was filed with the General Assembly in accordance with Article 35(2) of the United Nations Charter, which provides:

“A State which is not a Member of the United Nations may bring to the attention of the Security Council or of the General Assembly any dispute to which it is a party if it accepts in advance, for the purpose of the dispute, the obligations of pacific settlement provided in the present Charter.” The Hawaiian Kingdom is a non-Member State of the United Nations." -- Article 35(2) of the United Nations Charter

The Protest and Demand calls upon the United Nations General Assembly:

  1. To ensure the United States of America comply with the 1893 Lili‘uokalani assignment & Agreement of restoration, 1899 Hague Convention, IV, the 1949 Geneva Convention, IV, and international law, as hereinafter described;

  2. To ensure that the United States of America establishes a military government, to include tribunals, to administer and enforce the civil and penal laws of the Hawaiian Kingdom pursuant to the 1893 Lili‘uokalani assignment and Article 43 of the 1907 Hague Convention, IV, as hereinafter described;

  3. To ensure that all member States of the United Nations shall not recognize as lawful the United States of America's presence and authority within the territory, territorial seas, exclusive economic zone and airspace of the Hawaiian Kingdom, except for its temporary and limited authority vested under the 1893 Lili‘uokalani assignment and Article 43 of the 1907 Hague Convention, IV, as hereinafter described;

  4. To ensure full reparation for the injury caused by the serious breach of obligations and internationally wrongful acts in the form of restitution, compensation and satisfaction, whether singly or in combination.


Dr. Keanu Sai's 2nd interview with host Dr. Lynette Cruz, Hawai`i Pacific University

 

Unkau I Noa

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