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Tuesday, 27-05-1997
Developments are advancing slowly but certainly. I am still writing
from Nijmegen. I suppose you are returning from Pakistan
now and you will have a fatiguing journey. Indeed you have to
take your rest but don't forget to enjoy the beauty of your garden
that must be extraordinary at this time. I noticed the love of
your gardeners for that beautiful piece of ground that I also
saw on page 16 and 17 of Vorsten
of this month. I hope I may have the honour to see that garden
another time from the inside of KP on 18
August. I have to trust in my friends in NOORDWIJK,
The Hague and Amsterdam and will try to avoid to push them up.
The personnal of MCC Netherlands
can not pay attention to my plans at the moment because they are
to much involved in their own work. I will give them the room
they need for some time and build up a new circle of relations
in Utrecht and around NeBIB.
I will also send today a reaction to the Ministry
of Justice about the spelling of my name. After all the obtainance
of a noble title will remain one of my personal objectives. This
morning I was called by mr
Breuker Groningen. He just arrived from a trip to Canada and
mentionned that he ordered the Court
of Justice to request Elizabeth
Halbertsma to appear before the Court. Elizabeth
has nothing to fear because I defended her against his accusations
in a three years
lasting correspondence which is available for the judge.
Mr
Breuker is a brother of Professor Breuker, professor in the
Frisian language at the Universities of Leiden and Amsterdam.
Last year I attended Professor Breuker's inaugural speech - that
was supposed to deal about a member of the Halbertsma
family - in the Aula of the University of Amsterdam where
Hillary Clinton held her speech today in the presence of princess
Margriet about the example that Dutch help has been during
the ages in European
History. She revealed that her husband
visited our country several times during his study in England.
This day again is a very historical day because of the NATO-meeting
in Paris between the sixteen heads of state of the NATO - amongst
them Mr.
Kok, Mr. Blair, Mr.
Aznar and Mr. Clinton
- and Mr. Jeltsin.
Spontaneously Mr.
Jeltsin promised to remove all nuclear weapons in Russia directed
to Western European states. I consider this as the most wonderful
historical event after the demolishing of the Berlin Wall during
my birthday some years ago.
This afternoon I organized my removal for the weekend and sent a certified letter (number 3S RRRS 4408124) to the State's Secretary of Justice, Direction Governmental Affairs with the following text (translation):
'Dear Mr de Groot,
I would like to thank for the rapid completion dated 21 May 1997 concerning the hearing of last 14 May, that I experienced as very pleasant. Before presenting a notice of objection at the district court I consider it nevertheless a personal responsibility to give a reaction herewith on the reaction of your department.
From the reaction of the State's secretary I distillate the following elements:
"1. legal framework
- The Civil Code (Burgerlijk Wetboek)
In article 5, of Book 1 of the Civil Code has been established that the family name of a legal, legalized or adopted child is that of its father. In article 7, of Book 1 CC has been established that the family name of a person on his request, or on request of his legal representative, can be changed. The change of name takes place by royal decision.
- Guidelines for change of family name 1989
For the judgement on requests for change of name there are certain guidelines, which have been published as Guidelines for change of family name in the State's paper of 2 January 1989, 1. These guidelines are included as well in the brochure "Change of name", on page 19 and further. These guidelines indicate in which cases change of name can be granted.
Article 1, first term, salutation and under d determines that the family name of a person on his request or on request of his legal representative will be changed when the applicant demonstrates that the name in the acts of the Registry Office since its introduction (1810 - 1838) has been spelled inaccurately and according to the applicant has been carried in the right (I suppose that must be 'incorrect' JH) spelling since then.
According to article 1, second term, as a difference from the rule determined in the first term the family name of the person in question or his legal representative can be changed, when, regarding the circumstances of the case, rejection of the request can harm the physical or spiritual health of the person in question.
4. considerations
Applicant did not prove according a genealogical investigation that his name in the acts of the Registry Office since its introduction (1810 - 1838) was spelled as "Van der Heyden". An appeal to the stated in article 1, first term, sub d of the Guidelines 1989 is therefore out of order.
His most important reason for change of name lies in the possibility to obtain a function at a prominent foreign noble family. When he carries the name "Van der Heyden" in his opinion his chances to obtain that function will increase considerably, as according to applicant the name "Van der Heyden" was carried in the 14th century by a knight's family and in 1530 by the founder of the Nether Dutch Reformed Church and fellow founder of the State of the Netherlands. The question is whether this argument is an extraordinary circumstance in difference with the Guidelines 1989 the request will be qualified to be granted."
The State's Secretary judges with the following words: "According to my judgement that is not the case. The Dutch names' right is reigned by the principle of continuity and stability. The changing of a family name on other grounds then mentionned in the Guidelines 1989 would open the way to an almost unlimited change of names and thus affect the continuity in the names' right. It is my regular policy to promote the compliance of change of name beyond the Guidelines 1989 if there will be question of a special case. Of such a case will be question when for the person in question such interests are in the game that on ground of that compliance of the request has to be promoted....."
Evenso I remind your report, included in the Supplement to decision.
"The president opens the session and gives Mr van der Heijden the opportunity to explain his notice of objection.
Mr van der Heijden expresses - shortly summarized - the importance of the requested change of name regarding his application for the function of Educational Officer of the Princess of Wales. As to his affirmation this application should find itself in a far reached stage. Change of the spelling of the family name enlarges to his opinion the obtainance of this function.
The president insists in appointing Mr van der Heijden to the possibility to mention in social life his family name with an "y". Mr van der Heijden is aware of this, but states nevertheless to become attached to an official change of name.
The president gives an explanation about the continuation of the procedure and closes then the session under thankssaying."
Next to this I put the following remarks. As from next 2 June my new home address will be Neude 30C, 3512 AG Utrecht. I presume that from that moment on I have to direct my letter of objection to the Section of Governmental Right of the District Court of Utrecht instead of Arnhem. Therefore I will direct myself to the Court with amongst others my following replication:
1. During the last years I carried
out some genealogical investigation, amongst others in the State's
Archive in Arnhem and found several official papers in which my
family name was written with a "y". Regarding my removal
these papers find themselves in boxes at the moment. In the continuation
of the procedure I will bring in these papers. I can consequently
appeal to the stated in article 1, first term, sub d, of the Guidelines
1989.
2. Concerning my application for the function of Educational Officer
of the Princess of Wales the situation has changed now. I reported
this on 14 May. The facts:
a. In spring 1996 I established
on the base of the Benelux marks' law a definitive maintaining
right of the name 'Instituto Cervantes' in the Benelux in class
41, education, training and courses. The Prime Minister has taken
notice of this and reported this to me by written letter.
b. On 6 November 1996 I handed over the 'Policy Plan Instituto
Cervantes Benelux' to the Ambassador of the State of the Netherlands
in BRUSSELS with
the request to deposit this at the European Commission.
c. On 13 November 1996 I decided during the congress 'The New
Economy' on de Baak in NOORDWIJK
to change my policy plan in a commercial structure, consisting
of a mother's company to be established in Great Britain with
business units in the Benelux. On the same day also consideration
has taken place with the Princess of Wales.
d. On 28 December 1996 I offered Her a personal partnership after
having founded the Limited
Company Instituto Cervantes in Great Britain.
e. In January of this year I received the 'Certificate of Incorporation
of Instituto Cervantes England and Wales' in an envelope with
the lettering 'On Her Majesty's Service' as well as my appointment
as Director of this company in name of the Chief Executive of
Companies House in Cardiff.
f. From last 17 till 30 April I made a trip to the United Kingdom
and reported this in a fax message to the Minister of Justice.
g. On 18 April 1997 I requested Lady Spencer in a certified letter
to fulfil the function of 'Head of the Organization' and passed
my responsibilities in England and Wales to Her.
h. From my contacts with KENSINGTON
PALACE and ETON
COLLEGE it has turned out to me that the British Royal Family
- at this juncture - appreciates if I will not involve myself
in the educational tasks of prince William. As the Princess of
Wales does not have commercial obligations towards Her former
husband anymore I offered Her to change the 'Instituto Cervantes
Netherlands, Belgium, Luxemburg, England and Wales' into a new
family company.
i. On last 28 April I handed over the 'Business Plan Instituto
Cervantes Netherlands, Belgium, Luxemburg, England and Wales'
to the District Council of Stratford-upon-Avon. In a letter of
last 2 May of the Economic Development Manager I received the
message 'In closing may I take this opportunity to wish you success
with your ventures into Europe and the USA.'
3. I report then that on last 28 March I requested the High Council of Nobility to grant myself the title of 'Graaf'. I based myself on that day on a publication in 'de Telegraaf' with the title 'Dentist became esquire' with the text 'Then there is 'RECOGNITION'. It can be that a family in the past was allowed to use a title but that that has fallen into disuse. Then one can get it back. This can exclusively take place regarding persons who belong to a family that belonged before 1795 to the native nobility.' I reported this request to the Princess of Wales and established after my visit to Warwick on last 27 April that I on principle can be regarded to be appointed 'Earl of Warwick' after having obtained the title of 'Graaf' in the Netherlands. From the Secretary of the High Council of Nobility, mr. O. Schutte I received a letter dated 4 April 1997 with the subject 'nobility Van der Heyden', adressed to the 'Weledelgeboren Heer J.L. van der Heyden' (Sir J.L. Van der Heyden) with copy of the new Law on Nobility (enclosed)'.
Conclusion
Regarding the above-mentionned I declare the decision of the State's Secretary of 21 May 1997 as unfounded. On the first place there exists already a clear extraordinary circumstance - as described above - to take the request to be granted in difference to the Guidelines 1989. The principle of continuity and stability will not get into danger in that situation. Enclosed letter of the High Council of Nobility announces my family name already with a "y" and I may - as a consecuence - presume that at some moment a mistake has been made by a public servant of the Registry Office. Neither would the repair of this mistake open the way to an almost unlimited change of name. Anyhow there is no one else who can combine the name Van der Heyden on a legal basis with the trade name 'Instituto Cervantes' and as a consecuence will not have an interest in that. In my stituation one can speak indeed of an extraordinary case in which compliance of the request has to be promoted. I may presume that the above-mentionned will not take away any doubt about that. Therefore I thank you for the attention paid to my request and will direct myself now to the District Court - in which I will bring in this argumentation - and propose myself to get into contact with you again on the shortest possible term in order to bring the risen problems in the United Kingdom to a satisfactory end as well.
Meanwhile I sign with friendly
greetings
and the highest esteem,
J.L. Van der Heyden
Enclosed: Letter No 97/88 of the 'Hoge Raad van Adel d.d. 4 april
1997'"
I also saw the front page of The Sun today with your statement 'I won't hide men friends says Princess'. I consider this personally as a very important step forward in your approach of the media. There is nothing wrong in kissing a friend on his cheeks. Elizabeth and I did that as well in front of the public. I noticed you visited Earls Court Gym again and I feel happily involved in the situation. I hope you showed them my photograph in their sweatshirt. I am also very happy with the remark 'Their lunch date was last night also being seen as a way for Di to quash rumours of a romance with dishy heart doc Hasnat Khan.' You seem to be a victim of his family although my change process also started with reading a book of Inyath Khan. Hope to meet you on 14 July as speaking partner.
Summarising this day on British astrological grounds of the Sun (for the record): Cancer: 'You may not think a great deal about various schemes or proposals at first. But what have you got to lose? After all, nothing ventured, nothing gained. And the developments which take place during the week ought to prove amazingly beneficial.' Scorpio: 'A dispute or domestic upset is likely to undermine your security but this week should still be unusually rewarding. If you are worried that others think you cannot handle certain responsibilities, don't be. You will receive some form of RECOGNITION.' Here We are. Everything is well that ends well. I see on televison that We may regard Bill Clinton and Wim Kok with their partners as good friends. They are in The Hague at the moment.
