​Ariston begins airport work in "good faith" | Phnom Penh Post

Ariston begins airport work in "good faith"

National

Publication date
03 May 1996 | 07:00 ICT

Reporter : Imran Vittachi

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A boy loses his bicycle in Bin’s BIke. PHOTO SUPPLIED

ARISTON Sdn Bhd of Malaysia has started to upgrade Kang Keng airport in Sihanoukville

despite the Royal Government not yet having kept to its side of the deal.

Kang Keng is considered the linchpin of Ariston's $1.3 billion development of the

port city, which will include an island casino, a power plant, a hotel and a golf

course, among other projects.

The Royal Government - for its part - has yet to pass the Control (Casino) Law that

would guarantee the Malaysians exclusive casino rights in Cambodia, according to

the deal struck between both sides.

Ariston - whose deal was brokered by Funcinpec officials - is understood to be gambling

on "good faith" that the Cambodian leaders will untangle what has been

a political impasse. Funcinpec needs CPP Parliamentary votes to pass the Casino Law,

and sources say CPP shows no sign of doing that to allow Ariston a casino monopoly

in the Kingdom.

An Ariston official who visited on April 27, speaking on condition of anonymity,

said: "With any investment in any country in the world, there are going to be

risks. We believe that the agreement will be adhered to on all matters. This is why

we have proceeded with the work, although some approvals are still in the process

of being obtained."

He said that preliminary work on Kang Keng airport had begun. "We have already

invested $60 million in Cambodia, and have moved $10 million worth of equipment into

Sihanoukville."

Secretary of state for Tourism, Dr Thong Khon, confirmed that initial work on the

airport had begun.

It was also revealed that the rental dispute over the Singapore Heritage - the ship

which houses Ariston's floating Naga casino in Phnom Penh - could come to a head

in a matter of days.

Cedric Tan, an official with Unicentral Corporation, the ship's Singapore-based owner,

said by telephone on Apr 20 that the company would pull the Heritage out of Cambodian

waters "within two weeks."

A Phnom Penh-based lawyer representing Unicentral said that as far as he knew there

was "no resolution on the horizon".

However, he said that Unicentral "would have no choice but to pull out the boat,

if they don't get paid."

Other sources said Ariston would resolve the rental dispute by paying Unicentral

four months in back-rent, and then buy a bigger ship to replace the Heritage.

The Ariston spokesman would only say: "We are working towards a solution which

is acceptable to both sides."

According to him, the dispute arose when Ariston learned from a team of shipping

appraisers that the rent charged by Unicentral was too high in relation to the real

value of The Heritage.

At press time, Cedric Tan was unavailable for comment on this point.

The Unicentral lawyer said Ariston was legally bound to a three-year contract for

the Heritage which runs till Dec 1997. He would not say whether any bail-out clauses

were attached to the contract.

Unicentral - which with other international companies competed against Ariston for

the Sihanoukville contract in 1994 - has invoked a Singaporean High Court order against

Kuala Lumpur-based Ariston.

But it remains unclear whether this injunction, filed in a foreign court, will be

upheld in Cambodia.

None of the government officials contacted by the Post would comment on these developments.

In another development, both Khon and the Ariston official disclosed that the Sihanoukville

Development Authority (SDA) would be set up by week's end to accelerate the process.

They said the two prime ministers would preside over the SDA.

"The SDA will be a high-powered body which will make our work here all the easier,"

said the spokesman. "It will coordinate projects between the line ministries

and liaise directly with us."

He explained that, until recently, Ariston's much heralded development scheme had

been snagged in red tape at the local level.

Dismissing fresh reports that the government may be about to scuttle the Sihanoukville

deal, and kick Ariston out of the country, the Ariston spokesman insisted that the

Malaysians are here to stay.

"There are people who say the project is dead in the water," he said. "They

are entitled to their own opinion, but we will prove our critics wrong when we complete

the project."

Responding to recent tidings about Ariston's integrity to honor commitments laid

down in the Jan 1995 agreement, he reiterated that it will not shirk its responsibilities.

"We are determined to complete Sihanoukville by Dec 1997," he said. "We

are committed to completing the hotel complex on Naga Island, the upgrade of Kang

Keng Airport, the Independent Power Plant, an additional 200 rooms as well as an

18-hole golf course."

"We were only given the official approval by the Cambodian government to go

ahead with Sihanoukville in Dec 1995," he added. "From that point on, we

have 24 months to finish everything."

Defending his company's record, the spokesman compared the recent speculation surrounding

its Sihanoukville venture with another overseas project undertaken by its subsidiary,

FACB Berhad, which he said was also the subject of public scrutiny.

"Our listed company in Kuala Lumpur was awarded a contract in China to build

a 41-kilometer highway extension. It was widely reported in the press that we would

fail. We completed our project by April of this year, five months ahead of schedule."

He even hinted that by committing so many resources to a contract which has yet to

take legal effect, Ariston is taking a gamble, but it is determined to show its "good

faith" in Cambodian leaders.

Under the agreement, which has been obtained by the Post, Ariston is granted a 70-year

license to run casinos in Cambodia, 20 years of which are exclusive - when the Casino

Law is passed.

Meanwhile, Ariston has paid the first $3 million installment of a $103 million premium

which is staggered over 13 years. However, it has not paid any more premiums - and

$2 million was due last December - and is not likely to be paid until the Government

passes the law.

Therefore, according to another Phnom Penh-based lawyer, "this whole agreement

is no agreement at all.";

However, to one international observer, who has watched the political scene unfold

here over the past two years, either way, Ariston is in a win-win situation.

"Even if Ariston is never guaranteed a casino monopoly through the enactment

of the Control Law it can still continue to operate its casinos here without having

to pay the remaining installments on the premium."

He said even though First Prime Minister Prince Norodom Ranariddh and his Funcinpec

party consider the Sihanoukville development crucial to their 1998 election hopes,

and Second Prime Minister Hun Sen wields the ultimate power to decide its fate. He

said Hun Sen was unlikely to scrap the deal.

The observer said Hun Sen must take into account both the interests of prospective

investors as well as those of future constituents.

"If he wants further investment to come in, and such a big company like Ariston

gets a bloody nose in Cambodia, then why should other investors go in?" he said.

"Cambodia is looking for future investment not only from Malaysia, but across

the board. I really do not believe that either wing of the government is going to

cut down Ariston."

"If Hun Sen really believes that he is prime minister for life in this country

- and he does believe this - he would rather not cancel the contract," the observer

added. "For Hun Sen, post-1993 till 1998 elections is the period in which he

will consolidate his power.

"Post-1998 will be the period in which he must perform, because once he has

finished off Funcinpec in the elections, Hun Sen will have to be answerable to the

public. In other words, he can only perform if the economy is performing."

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