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Visiting Forces Decree 1991

REPUBLIC OF FIJI

DECREE NO. 30
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VISITING FORCES DECREE, 1991
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ARRANGEMENT OF SECTIONS

PART I - PRELIMINARY

Section

1. Short title
2. Interpretation
3. Countries to which this Decree applies
4. Definition of membership of civilian component of visiting force
5. Definition of relevant association

PART II - VISITING FORCES

6. Exercise of powers by service courts and authorities of countries sending visiting forces
7. Restriction as respects certain offences, of trial of offenders connected with visiting force
8. Fiji courts to have regard to sentences of services courts
9. Arrest, custody, etc. of offenders against Fiji law
10. Restriction on proceedings in respect of service of members, etc. of visiting force
11. Provisions as to Magistrates' inquiries and as to removal of bodies of deceased persons
12. Application to visiting forces of law relating to Fiji forces
13. Settlement of claims against visiting forces
14. Evidence for purposes of Part II

PART III - DESERTERS AND ABSENTEES WITHOUT LEAVE

15. Apprehension and disposal of deserters and absentees without leave
16. Evidence for purposes of Section 15

PART IV-ATTACHMENT OF PERSONNEL AND MUTUAL POWERS OF COMMAND

17. Attachment of personnel and mutual powers of command

PART V - SUPPLEMENTARY PROVISIONS

18. Provisions as to proof of facts by certificate

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A DECREE TO MAKE PROVISIONS WITH RESPECT TO VISITING FORCES, AND TO PROVIDE FOR THE APPREHENSION AND DISPOSAL OF DESERTERS OR ABSENTEES WITHOUT LEAVE IN FIJI FROM THE FORCES OF SUCH COUNTRIES AND FOR PURPOSES CONNECTED WITH THE MATTERS AFORESAID

IN exercise of the powers vested in me as President of the Sovereign Democratic Republic of Fiji and Commander-in-Chief of the Armed Forces and acting in accordance with the advice of the Prime Minister and the Cabinet, I hereby make the following Decree:

PART I - PRELIMINARY

Short title

1. This Decree may be cited as the Visiting Forces Decree 1991.

Interpretation

2.-(1) In this decree, unless the context otherwise requires:

"authorised service organisation" means a body organised for the benefit of or to serve the welfare of a force or civilian component or pendant;

"civilian component" means the civilian personnel accompanying a force, who are employed in the service of a force or by an authorised service organisation accompanying a force, and who are not stateless persons nor citizens of, nor ordinarily resident of Fiji;

"the court" includes a service court;

"court of Fiji" means any court in Fiji other than a service court;

"dependent" in relation to a member of a force or civilian component means a person who is not ordinarily resident in Fiji and who is:

(a) the wife or husband of any such member; or

(b) wholly or mainly maintained or employed by any such member; or

(c) is in the custody, charge or care, or who forms part of the family of any such member;

"Fiji authorities" means the authority or authorities from time to time authorised or designated by the Government of Fiji for the purpose of exercising the powers in relation to which the expression is used;

"Fiji forces" means any of the armed forces of Fiji for the time being serving in Fiji and includes any police force, and other body which by virtue of any law of Fiji is or is deemed to form part of the armed forces of Fiji;

"forces", in relation to a country, means any of naval, military or air forces of that country;

"law of Fiji" means any written law for the time being in force in Fiji or any part thereof, and includes the Constitution;

"member" in relation to a visiting force, means a member of the force of a sending country, being one of the members thereof for the time being appointed to serve with such visiting force, and includes any person in Fiji for the time being voluntarily enlisted in such force;

"the Minister" means the Minister for the time being charged with responsibility of defence;

"sending country" in relation to a visiting force, means a country of whose forces the visiting force forms part;

"service authorities" means the authorities of a force who are empowered by the law of the country of whose forces the visiting force forms part to exercise command or jurisdiction over members of a force;

"service court" means a court established under service law and includes any authority of a country who under the law thereof is empowered to review the proceedings of such a court to try or investigate charges brought against persons subject to the service law of that country; and references to trial by, or to sentences passed by service courts of a country shall be construed respectively as including references to trials, and to punishment imposed by, such an authority in the exercise of such power;

"service law," in relation to a country, means the law governing all or any of the forces of that country;

"visiting forces" for the purposes of any provision of this Decree means any body, contingent or detachment of the forces of a country to which that provision applies, being a body contingent or detachment for the time being lawfully present in Fiji pursuant to any treaty, agreement or arrangement to which the Government of Fiji is a party.

(2) For the purposes of this Decree a member of a force of any country which (by whatever name called) is in the nature of a reserve or auxiliary force shall be deemed to be a member of that country's forces so long as, but only so long as, he is called into actual service (by whatever expression described) or is called out for training: and any reference in this Decree to a person's becoming a member of a country's forces shall be construed accordingly.

(3) References in any provision of this Decree to be appropriate authority of a country are references to such authority as maybe appointed by the Government of that country for the purposes of that provision.

(4) References in this Decree to the presence of any forces in Fiji at anytime shall be construed as including references to their being at that time in transit to Fiji.

(5) In determining for the purposes of any provision of this Decree whether a person is or was at anytime ordinarily resident in Fiji, no account shall be kept of any period during which he has been or intends to be present in Fiji while being a member of visiting force or of a civilian component of such a force, or while being a dependant of a member of a visiting force or of such a civilian component.

Countries to which this Decree applies

3.-(1) Reference in this Decree to a country to which a provision of this Decree applies are references to any country designated for the purpose of that provision by order of the President under subsection (2).

(2) Where it appears to the President that it is expedient that all or any of the provisions of this Decree should have effect in relation to any country, he may by order designate that country for the purposes of such provisions.

(3) The President may by order provide that insofar as this Decree has effect in relation to any country designated under subsection (2), it shall have effect subject to such limitations, adaptations, or modifications (including the limitations; adaptation or modification of any definition herein) as may be specified in such order.

Definition of membership of civilian component of visiting force

4.-(1) In Part II references to a member of a civilian component of a visiting force are references to a person for the time fulfilling the following conditions, that is to say:

(a) that he holds a passport issued in respect of him by a Government, not being a passport issued by the passport authorities of Fiji;

(b) that the passport contains an uncancelled entry made by or on behalf of the appropriate authority of the sending country stating that he is member of a civilian component of a visiting force of that country; and

(c) that the passport contains a note of recognition of that entry by or on behalf of the Minister for the time being charged with responsibility for immigration which has not been cancelled and as respects which no notification in writing has been given by or on behalf of such Minister to the appropriate authority of the sending country stating that the recognition is withdrawn.

(2) The reference in paragraph (c) of subsection (1) to a note of recognition of an entry in a passport is a reference to any mark or indication made in the passport by or on behalf of the Minister for the time being charged with responsibility or immigration signifying that the entry has been noted and approved.

(3) In this Section the expression "passport" include any document which, in accordance with the law for the time being in force in Fiji, would be treated as the equivalent of a passport in the case of a person entering Fiji, being a national of the country by whose Government the document is issued.

Definition of relevant association

5. In Part II references to a person's having anytime relevant association with a visiting force are references to his being at that time a person of one or other of the following descriptions:

(a) a member of that visiting force or a member of a civilian component of that force;

(b) a person (not being a citizen of Fiji or ordinarily resident in Fiji) being a dependant of a member of that visiting force or of a civilian component of that force.

PART II - VISITING FORCES

Exercise of powers by service coups and authorities sending visiting forces

6.-(1) The service courts and service authorities of a country to which this Section applies may within Fiji or on board any ships or aircraft belonging to the Government of Fiji, exercise over persons subject to their jurisdiction in accordance with this Section all such powers as are exercisable by them according to the law of that country.

(2) The persons subject to the jurisdiction of the service courts and service authorities of a country in accordance with this Section are the following, that is to say:

(a) members of any visiting force of that country;

(b) all persons, not being citizens, of Fiji, seconded or temporarily attached to or serving with the armed forces of Fiji in accordance with any treaty, arrangement or agreement to which the Government of Fiji is a party, and who by their terms and conditions of service are subject to the jurisdiction of such courts and authorities; and

(c) all other persons who, being neither citizens of Fiji or ordinarily resident in Fiji, are for the time being subject to the service law of that country otherwise than as members of that country's forces;

Provided that for the purposes of this subsection a person shall not be treated as a member of a visiting force of a country if he became (or last became) a member of that country's forces at a time when he was in Fiji, unless it is shown that he then became a member of those forces with his consent.

(3) Where any sentence has, whether within or outside Fiji, been passed by a service court of a country to which this Section applies upon a person who immediately before the sentence was passed was subject to the jurisdiction of that court in accordance with this Section, then for the purposes of any proceedings in a court of Fiji the said service court shall be deemed to have been properly constituted, and the sentence shall be deemed to be within the jurisdiction of that court and in accordance with the law of that country, and if executed according to the tenor of the sentence shall be deemed to have been lawfully executed.

(4) Notwithstanding anything in the foregoing provisions of this Section, a sentence of death passed by a service court of a country to which this Section applies shall not be carried out in Fiji unless under the law of Fiji a sentence of death could have been passed in a similar case.

(5) Any person who:

(a) is detained in custody in pursuance of a sentence as respects which subsection (3) has effect; or

(b) being subject in accordance with this Section to the jurisdiction of the service courts of a country to which this Section applies, is detained in custody pending or during the trial by such a court of a charge brought against him;

shall for the purposes of any proceedings in any court of Fiji be deemed to be in lawful custody.

(6) For the purpose of enabling the service courts and service authorities of a country to which this Section applies to exercise more effectively the powers referred to in subsection (1), the Minister may, if so requested by the appropriate authority of that country, from time to time by general or special orders direct members of Fiji forces to arrest any person, being a member of a visiting force of that country, who is alleged to be guilty of an offence punishable under the law of that country, and to hand him over to such service authority of that country as may be designated by or under such orders.

Restriction as respects certain offences of trial of offenders connected with visiting force

7.-(1) No prosecution for an offence alleged to have been committed by a member of a visiting force shall be instituted in any court of Fiji unless:

(a) the Director of Public Prosecutions certifies:

(i) that the offence is one in relation to which the Fiji authorities have the right to exercise exclusive jurisdiction or the primary right to exercise jurisdiction under any treaty, agreement or arrangement to which the Government of Fiji is a party; and

(ii) that such authorities have not waived their right of jurisdiction in respect of that offence; or

(b) the Director of Public Prosecutions certifies that, although the offence is one in respect of which the service authorities of the visiting force have the primary right to exercise jurisdiction under such a treaty, agreement or arrangement that right has been waived in respect of the offence by such authorities or by the Government of the country to which such visiting force belongs.

(2) Where a person has been tried by a service court of a country under the powers referred to in subsection (1) of Section 6 duly exercised in accordance with the provisions of any treaty, agreement or arrangement between Fiji and such country, he shall not be tried for the same offence by any court of Fiji.

(3) The President may by order direct that the provisions of subsection (1) shall apply in like manner as they apply to members of a visiting force to such other persons or class of persons having a relevant association with a visiting force as he may by such order specify.

(4) Subject to the provisions of Section 9, a person charged with an offence may, notwithstanding the provisions of this Section, be arrested or a warrant for his arrest may be issued or executed. and any such person may be remanded in custody or on bail notwithstanding that the Director of Public Prosecutions has not given a certificate under the provisions of subsection (1), but the case shall not be further prosecuted until such a certificate has been given.

Fiji courts to have regard to sentences of service courts

8. Where a person who has been convicted by a service court under the powers referred to in subsection (1) of Section 6 is convicted by a court of Fiji, and it appears to that court that the conviction by the service court was wholly or partly in respect of acts or omissions in respect of which he is convicted by the court of Fiji, that court shall have regard to the sentence of the service court.

Arrest, custody, etc of offenders against Fiji law

9.-(1) Neither Section 7 nor Section 8 shall affect:

(a) any powers of arrest, search, entry, seizure or custody exercisable under any law of Fiji with respect to offences committed or believed to have been committed against that law; or

(b) any obligation of any person in respect of bail bond entered into, in consequence of his arrest, or the arrest of any other person, for such an offence; or

(c) any power of any court to remand (whether on bail, or in custody) a person brought before the court in connection with such an offence.

(2) Where a person to whom this Section applies is taken into custody by a police officer for any offence referred to in subsection (1), and is not released, and:

(a) it is apparent that he has a relevant association with a visiting force of a country to which this Section applies, then he shall as soon as practicable thereafter, be delivered or remanded into the custody of a service authority of that country;

(b) it is not apparent but there are reasonable grounds for believing that in accordance with Section 6 he is subject to the jurisdiction of the service courts of a country to which this Section applies, then with a view to its being determined whether he is to be dealt with for that offence under the law of Fiji or by the service courts of that country as, as the case may be, he may be detained in custody for a period not exceeding twenty-four hours; but if within that period he is not delivered into the custody of a service authority of that country he shall be released on bail or brought before a Magistrate.

(3) Where a prosecution for an offence alleged to have been committed by a person to whom this Section applies is instituted pursuant to subsection (1) of Section 7 in any court of Fiji, such person shall be delivered or remanded into the custody of service authority of that country until he is brought to trial by the Fiji authorities.

(4) A person detained in custody in accordance with the foregoing provisions of this Section shall be deemed to be in lawful custody for all purposes.

(5) This Section applies to:

(a) members of a visiting force; and

(b) any other persons who have a relevant association with a visiting force.

Restriction on proceedings in respect of service of member, etc. of visiting force

10. No proceedings shall be entertained by any court of Fiji with regard to the pay of any person in respect of service as a member of a visiting force or as member of a civilian component of such a force, with regard to the terms of such service or with regard to a person's discharge from such service.

Provisions as to Magistrate's inquiries and as to removal of bodies of deceased persons

11.-(1) If any Magistrate having jurisdiction to hold an inquiry touching a death in accordance with the provisions of Section 7 of the Inquest Act is satisfied that the deceased person at the time of his death had a relevant association with a visiting force, then unless the Minister otherwise directs the Magistrate shall not hold the inquiry or, if the inquiry has been begun but not completed, shall adjourn the inquiry.

(2) Subject to, subsection (1), if on an inquiry touching a death the Magistrate is satisfied:

(a) that a person who in accordance with Section 6 is subject to the jurisdiction of the service courts of a country to which this Section applies has been charged before a court of that country with causing the death of the deceased person, whether or not that charge has been dealt with; or

(b) that such a person is being detained by an authority of that country with a view to being so charged, then unless the Minister otherwise directs the Magistrate shall adjourn the inquiry, and shall furnish the registrar of deaths with a certificate stating the particulars necessary for the registration of the death so far as they have been ascertained at the inquiry.

(3) Where an inquiry is adjourned under this Section the Magistrate shall not resume it except on the direction of the Minister and, if he does resume it, shall proceed in all respects as if the inquiry had not previously been begun, except that it shall not be obligatory on the Magistrate to view the body or to furnish the registrar of deaths with any certificate or further certificate, as the case may be.

(4) Any law in force in Fiji restricting the removal out of Fiji of the body of a deceased person shall not apply to the body of a person who at the time of his death had a relevant association with a visiting force:

Provided that this subsection shall not apply as respects the body of a person concerning whose death, by virtue of a direction of the Minister under subsection (1) or (3), an inquiry is required to be held or, if begun, is required to be resumed.

(5) Notwithstanding anything in any law of Fiji relating to certificates to be given to persons giving information concerning deaths, a certificate shall not be given under such law to the person giving information concerning a death if that person states that the body is one as respects which subsection (4) has effect and that it is proposed to remove the body out of Fiji.

Application to visiting forces of law relating to Fiji forces

12.-(1) Where under any written law a power is exercisable by any authority or person:

(a) as respects any of the Fiji forces or their members or service courts or other person in any way connected therewith; or

(b) as respects any property used or to be used for the purposes of any of the Fiji forces, or for taking possession of any property to be so used, or for acquiring (whether by agreement or compulsorily) any property so used or to be so used,

the President may by order make provision for securing that subject to any conditions specified by or under the order the power shall be exercisable by that authority or person in the case of any visiting force to which the order applies to any extent to which it would be exercisable if the visiting force were a part of any of the Fiji forces.

(2) The President may by order made as respects any visiting force for the purpose of implementing any treaty, agreement or arrangement between Fiji and the country to which such force belongs:

(a) exempt that force or members or service courts or other persons (including any authorised service organisation) in any way connected herewith or property used or to be used for the purposes thereof from the operation of any written law specified in the order;

(b) confer on that force or any such members, courts, persons or property as aforesaid any other power, privileges or immunity which would be enjoyed or would be capable of being conferred on the force, members, courts, persons or property if the force were part of any of the Fiji forces.

(3) Where by any written law the doing of anything is prohibited restricted or required in relation to:

(a) any of the Fiji forces or their members or service courts or other persons in anyway connected therewith;

(b) any property used or to be used for the purposes of any of the Fiji forces,

the President may by order make provisions for securing that the prohibition, restriction or requirement shall have effect in the case of any visiting force to which the order applies to any extent to which it so would have effect if the visiting force were a part of any of the Fiji forces.

(4) An order under this Section:

(a) may contain such incidental, consequential and supplementary provisions as appear to the President expedient for the purposes of the order, including provisions for applying, modifying, adapting or suspending any written law;

(b) may make financial provision in respect of the exercise of any power, or the discharge of any duty, conferred or imposed by the order.

(5) In this section "property" includes both movable and immovable property.

(6) Subsections (1) and (3) apply whether the power in question is exercisable, or the prohibition, restriction or requirement in question is imposed, by provision expressly relating to the Fiji forces or by more general provision.

Settlement of claims against visiting forces

13.-(1) The Minister may make arrangements hereby claims in respect of acts or omissions of members of visiting forces, or of other persons or organisations connected therewith to whom the arrangements relate, being acts or omissions of any description to which the arrangements relate, will be satisfied by payments made by the Minister of such amounts as may be adjudged by any court of Fiji or as may be agreed between the claimant an the Minister or such other authority as may be provided by the arrangements; and any expenses of the Minister incurred in satisfying claims in pursuance of any such arrangements or otherwise in connection with the arrangements shall be defrayed out of moneys provided by Parliament

(2) The Minister shall take such steps as may be requisite for securing that persons concerned with any arrangements made by him under this section shall be informed of the nature and operation of the arrangements.

Evidence for purposes of Part II

14.-(1) For the purposes of this Part a certificate, issued by or on behalf of the appropriate authority of a country, stating that at a time specified in the certificate a person so specified either was or was not a member of a visiting force of that country, shall in any proceedings in any court in Fiji be sufficient evidence of the fact so stated unless the contrary is proved.

(2) For the purposes of this Part a certificate issued by or on behalf of the appropriate authority of a country stating, as respects a person specified in the certificate:

(a) that on a date so specified he was sentenced by a service court of that country to such punishment as is specified in the certificate; or

(b) that he is, or was at a time so specified, detained in custody in pursuance of a sentence passed upon him by a service court of that country or ending or during the trial, by such a court of a charge brought against him; or

(c) that he has been tried, at a time and place specified in the certificate, by a service court of that country for a crime so specified, shall in any proceedings in any court of Fiji be conclusive evidence of the facts so stated.

(3) For the purposes of Section 4 of this Decree the following provisions shall have effect in any proceedings in, any court of Fiji, that is to say:

(a) a document purporting to be a passport issued by or on behalf of a Government and to be so issued in respect of a person bearing the name in which a person is referred to in the proceedings (whether as a party thereto or otherwise) shall, unless the contrary is proved, be deemed to have been issued by that Government and to relate to the person so referred to;

(b) an entry in a passport containing such a statement as is mentioned in paragraph (b) of subsection (1) of section 4 and purporting to be made by or on behalf of the appropriate authority of the sending country shall, unless the contrary is proved, be deemed to have been so made; and

(c) a mark or indication in a passport to be made by or on behalf of the Minister shall, unless the contrary is proved be deemed to have been so made.

(4) For the purposes of this Part, the production of an uncancelled entry made by or on behalf of the appropriate authority of the sending country in a document purporting to be a passport issued by a Government (other than Fiji) stating that the person mentioned therein (not being a citizen of Fiji or ordinarily resident therein) is a dependent of a member of a visiting force of that country or of a civilian component of that force shall in any proceedings any court of Fiji be sufficient evidence of that fact so stated unless the contrary is proved.

(5) Where a person is charged with an offence against the law of Fiji and at the time when the offence is alleged to have been committed he was a member of a visiting force or a member of a civilian component of such a force, a certificate issued by or on behalf of the appropriate authority of the sending country, stating that the alleged offence, if committed by him, arose out of an in the course of his duty as country, stating of that force or component as the case maybe, shall in any such proceedings as aforesaid be sufficient evidence of that fact unless the contrary is proved.

(6) For the purposes of subsection (1) of Section 7 any certificate of the Director of Public Prosecutions given thereunder shall in any proceedings be conclusive evidence of the facts stated therein.

PART III - DESERTERS AND ABSENTEES WITHOUT LEAVE

Apprehension and disposal of deserters and absentees without leave

15.-(1) Subject to the provisions of this Section, Sections 186 to 188 and 190 of the Army Act 1955, (which relate to the apprehension, custody and delivery into military custody of deserters and absentees without leave from the Fiji Army) shall within Fiji apply in relation to deserters and absentees without leave from the forces of any country to which this Section applies as they apply in relation to deserters and absentees without leave from the Fiji Army.

(2) The powers conferred by said sections 186 and 188 as applied by subsection (1) of this Section shall not be exercised in relation to a person except in compliance with a request (whether specific or general) of the appropriate authority of the country to which he belongs.

(3) In Sections 187, 188 and 190 of the Army Act, 1955 as applied by subsection (1) of this Section:

(a) references to the delivery of a person into military custody shall be construed as references to the handing over of that person to such authority of the country to which he belongs, at such place in Fiji, as may be designated by the appropriate authority of that country; and

(b) references to the Army Board shall be construed as references to the appropriate authority of the country to which such person belongs.

(4) In this Section references to the country to which a person belongs are references to the country from whose forces he is suspected of being or (where he has surrendered himself) appears from his confession to be a deserter or absentee without leave.

Evidence for purposes of Section 15

16. For the purposes of any proceedings under or arising out of any provision of the Army Act 1955 as applied by the last foregoing Section:

(a) a document purporting to be a certificate under the hand of the Minister, stating that a request has been made for the exercise of the powers mentioned in subsection (2) of Section 15, and indicating the effect of the request shall be sufficient evidence, unless the contrary is proved, that the request has been made and of its effect; and

(b) a document purporting to be a certificate under the hand of the officer commanding a unit or detachment of any of the forces of a country to which this Section applies, stating that a person named and described therein was at the date of the certificate a deserter, or absentee without leave from those forces shall be sufficient evidence, unless the contrary is proved, of the facts appearing from the document to be so certified.

PART IV - ATTACHMENT OF PERSONNEL AND MUTUAL POWERS OF COMMAND

Attachment of personnel and mutual powers of command

17.-(1) The Minister:

(a) may attach temporarily to a Fiji force any member of the forces of any country to which this Section applies who is placed at the disposal of the Government of Fiji for the purpose by the service authorities of that country.

(b) subject to anything to the contrary in the conditions applicable to his service, may place any member of a Fiji force at the disposal of the service authorities of any country to which this Section applies for the purpose of being attached temporarily by those authorities to a force of that country:

Provided nevertheless that the power conferred by paragraph (b) of this subsection shall not be exercisable in relation to any person without his consent.

(2) While a member of any force of a country to which this Section applies is by virtue of this Section attached temporarily to a Fiji force he shall be treated and shall have the like powers of command and punishment over members of the Fiji force to which he is attached and shall be subject in all respects to the law relating to discipline and administration of that force as if he were a member of the force of relative rank:

Provided that the President may by order direct in relation to members of a force of any such country specified in the order, that such law shall apply with such exceptions and subject to such adaptations and modifications as may be so specified.

(3) When a Fiji force and a force of a country to which this Section applies (in this subsection referred to as "the other force") are serving together whether alone or not:

(a) any members of other force shall be treated and shall have over members of the Fiji force the like powers of command as if he were a member of the Fiji force of relative rank; and

(b) if the forces are acting in combination, any officer of the other force appointed by the President or in accordance with regulations made by or by authority of the President, to command the combined force, or any part thereof, shall be treated and shall have over members of the Fiji force the like powers of command and punishment and may be invested with the like authority to convene, and confirm the findings and sentences of courts martial as if he were an officer of the Fiji force of relative rank and holding the same command.

(4) For the purpose of this Section, forces shall be deemed to be serving together or acting in combination if and only if they are declared to be so serving or so acting by order of the President and the relative rank of members of the Fiji forces and of other forces shall be such as may be prescribed by regulations made by the President.

PART V - SUPPLEMENTARY PROVISIONS

Provisions as to proof of facts by certificate

18.-(1) For the purposes of this Decree:

(a) a certificate issued by or on behalf of the appropriate authority of a country, staring that a body, contingent or detachment of the forces of that country is, or was at a time specified in the certificate, present in Fiji, shall in any proceedings in any court of Fiji be conclusive evidence of the fact so stated; and

(b) where in any such proceedings it is admitted or proved (whether by means of a certificate under the foregoing paragraph or otherwise that a body, contingent or detachment of the forces of a country is or was at any time present in Fiji, it shall be assumed in those proceedings, unless the contrary is shown, that the body, contingent or detachment is or was at that time lawfully present in Fiji.

(2) Where in any certificate issued for the purposes of this Decree reference is made to a person by that name (whether as a party to the proceedings or otherwise), the references in the certificate and in the proceedings respectively shall, unless the contrary is proved, be deemed to be references to one and the same person.

(3) Any document purporting to be a certificate issued, for the purposes of any provision of this Decree, and to be signed by or on behalf of an authority specified therein, shall be received in evidence and shall, unless the contrary is proved, be deemed to be certificate issued by or on behalf of that authority; and where under the provision in question a certificate is required to be issued by or on behalf of the appropriate authority of a country, and the document purports to be signed by or on behalf of an authority of that country, that authority shall, unless the contrary is proved, be deemed to be the appropriate authority of that country for the purposes of that provision.

Dated this 12th day of August 1991.

PENAIA K GANILAU
President of the Sovereign Democratic Republic of Fiji and
Commander-in-Chief of the Armed Forces

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