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Kiribati Sessional Legislation |
REPUBLIC
OF KIRIBATI
(No. 2 of 1989)
I assent,
(Sgd:
I.
Tabai)
Beretitenti.
01/06/1989
AN ACT TO MAKE PROVISION FOR A KIRIBATI NATIONAL FLAG OR OTHER FLAGS OR ENSIGNS, KIRIBATI NATIONAL EMBLEM AND KIRIBATI NATIONAL ANTHEM AND FOR CONNECTED PURPOSES
Commencement:
1989
MADE by the Maneaba ni
Maungatabu and assented to by the Beretitenti.
PART 1 – PRELIMINARY
Short
title
1. This Act may be cited as
the National Identity Act
1989.
Interpretation
2. In
this Act, unless the context otherwise requires –
"National Flag" means the flag referred to in section 3 of this Act;
"National Emblem" means the emblem referred to in section 8 of this Act.
PART
II
NATIONAL
FLAG
Kiribati
National Flag
3. The flag
described in Schedule 1 to this Act, being the flag a reproduction of which is
set out in Schedule 1A to this Act is hereby
declared to be the National Flag of
Kiribati.
Other
flags and Rules as to use of National Flag,
etc
4. (1) The Beretitenti, acting
in accordance with the advice of the Cabinet may –
(a) by order appoint such other flag or ensign of Kiribati as he thinks fit;
(b) subject to section 7 of this Act make rules relating to the flying or use of the National Flag or a flag appointed under this section.
Orders
and Rules relating to flags to be laid before Maneaba ni
Maungatabu
5. An appointment or
rules made under section 4 of this Act shall be laid before the Maneaba ni
Maungatabu within forty-eight hours
of the day on which the next meeting of the
Maneaba commences and shall come into force on publication unless the Maneaba by
resolution
amends it or rejects it as the case may
be.
Official
use of National flag
6. The
National Flag or a flag appointed under section 4 of this Act may be flown or
used for all official purposes of the Government
and on all occasions on which,
and for all purposes for which, it is customary to fly or use a national flag or
a flag appointed
under section 4 of this
Act.
Restriction
on use of National Flag
7. (1) A
person who, without the written consent of the Beretitenti acting in accordance
with the advice of the Cabinet, flies or
uses –
(a) the National Flag or a flag or ensign appointed under section 4 of this Act; or
(b) a replica or representation or a stylised version of any flag,
for
any commercial purpose and whether with or without defacement commits an offence
and shall be liable upon conviction to a fine
not exceeding $200 or to a term of
imprisonment not exceeding 6 months or to both such fine and
imprisonment.
(2) A consent under
subsection (1) of this section shall relate only to use for a purpose specified
in the consent and may be subject
to
conditions.
(3) An application for
consent under subsection (1) of this section shall be made in writing to the
Secretary to the Cabinet.
(4) A
consent shall not be granted under subsection (1) of this section
–
(a) unless the Beretitenti, acting in accordance with the advice of the Cabinet, is satisfied that the proposed use will not demean the National Flag or a flag appointed under section 4 of this Act;
(b) in any case where the Beretitenti, acting in accordance with the advice of the Cabinet, has directed that consent for a particular use should not be granted.
(5)
A person who without lawful excuse, defaces or destroys –
(a) the National Flag; or
(b) a flag or ensign appointed under section 4,
commits
an offence and shall be liable upon conviction to a fine not exceeding $200 or
to imprisonment for a term not exceeding 6
months or to both such fine and
imprisonment.
PART
II
NATIONAL
EMBLEM
Kiribati
National emblem
8. The emblem
described in Schedule 2 to this Act being the emblem a reproduction of which is
set out in Schedule 2A to this Act is
hereby declared to be the National Emblem
of
Kiribati.
Rules
as to use of National
emblem
9. The Beretitenti, acting
in accordance with the advice of the Cabinet, may make rules relating to the use
of the National Emblem
or a replica or representation or stylised version of
such Emblem for special
uses.
Rules
relating to National emblem to be laid before the Maneaba ni
Maungatabu
10. Rules made under
section 9 of this Act shall be laid before the Maneaba ni Maungatabu within
forty eight hours of the day on which
the next meeting of the Maneaba commences
and shall come into force on publication unless the Maneaba by resolution amends
it or
rejects it as the case may
be.
Proper use
of National Emblem
11. (1) A
person who, not being authorised by the Beretitenti, acting in accordance with
the advice of the Cabinet or otherwise by
law, directly or indirectly
–
(a) prints or publishes, or causes to be printed or published; or
(b) sends or delivers to or serves on, or causes to be sent or delivered to or served on, any person,
any
written or printed matter in or on which there appears the National Emblem, or
any token or symbol so nearly resembling the National
Emblem as to be capable of
being readily mistaken for it, in such a manner or in such circumstances as to
be likely to lead other
persons to believe that he is so authorised, commits an
offence and shall be liable upon conviction to a fine not exceeding $200
or to
imprisonment for a term not exceeding 6 months or to both such fine and
imprisonment.
(2) A person who,
not being authorised by the Beretitenti acting in accordance with the advice of
the Cabinet or otherwise by law,
directly or indirectly uses the National
Emblem, or any token or symbol so nearly resembling the National Emblem as to be
capable
of being readily mistaken for it, in connection with any business,
trade, calling or profession in such a manner or in such circumstances
as to be
likely to lead other persons to believe that he is so authorised, commits an
offence and shall be liable upon conviction
to a fine not exceeding $200 or to
imprisonment for a term not exceeding 6 months or to both such fine and
imprisonment.
(3) Prosecutions for
offences under Parts II and III of this Act shall not be instituted except by or
with the consent of the Attorney
General.
PART
IV
NATIONAL
ANTHEM
Kiribati
National Anthem
12. (1) The anthem
entitled "Teirake Kaini Kiribati" is hereby declared to be the National Anthem
of Kiribati.
(2) The words and the
music of the National Anthem are as set out in Schedule 3 to this
Act.
Use of the
National Anthem
13. The National
Anthem may be sung or used on all occasions on which, and for all purposes for
which, it is customary to sing or
use the National
Anthem.
Rules
as to use of National
Anthem
14. Without prejudice to
section 13 of this Act the Beretitenti, acting in accordance with the advice of
the Cabinet, may make rules
relating to the singing or use of the National
Anthem.
PART
V
MISCELLANEOUS
Regulations
15. The
Beretitenti, acting in accordance with the advice of the Cabinet, may make
regulations not inconsistent with this Act, prescribing
all matters that by this
Act are required or permitted to be prescribed, or that are necessary or
convenient to be prescribed for
carrying out or giving better effect to this
Act.
_______________________________________
SCHEDULES
SCHEDULE
1
(Section 3)
The Kiribati National Flag is a rectangular flag, proportions two to one, divided horizontally by a wavy line; the upper segment is red (BSI 381C No 539) representing the sky and is charged with a gold (BSI 381C No 355) representation of a frigate bird and the rising sun and the lower segment is plain white (Admiralty T 8514J) and is charged with three blue (BSI 381C No 110) wavy bands representing the waves of the Pacific Ocean.
The description and
positions of the frigate bird, the rising sun and the waves are as follows
–
Table 1 – Frigate Bird
The bird is viewed from the side, with wings elevated and face towards the hoist; the eye and wing feathers are depicted.
The Frigate Bird shall be
positioned in the upper centre of the upper segment, so that the parts of the
body described in the table
are in the following positions
–
Part of bird Position
measured from upper hoist corner, distances being fractions of the length of the
flag.
Extremity of beak 40/100
along the fly and 7/100 down the
hoist
Extremity of right wing
36/100 along the fly and 3/100 down the
hoist
Wing of
bird
Extremity of left wing 64/100
along the fly and 1/100 down the
hoist
of
bird
Extremity of right tail
60/100 along the fly and 8/100 down the
hoist
feather of
bird
Extremity of left tail 61/100
along the fly and 6/100 down the
hoist
Feather of bird
Table 2 – The Rising Sun
The sun is seen as rising above the central trough in the waves. Around the visible circumstance of the sun are positioned nine place triangles, which are contiguous. The first and ninth triangles are partially obscured by the crests if the waves, between and behind the plane triangles are eight spherical triangles.
The Rising Sun shall be
positioned so that the centre of the sun is 50/100 of the length of the flag
measured along the fly and 26/100
of the length of the flag measured down the
hoist and its diameter is 17/100 of the length of the flag. The positions of the
outer
points of the plane and spherical triangles lie on imaginary circles,
whose centres are the same as the sum and whose diameters are
31/100 and 30/100
of the length of the flag respectively.
Table 3 – The Sea
The sea is depicted as a series of horizontal white and blue wavy bands, the lowest blue band meeting the lower edge of the flag.
The wavy line dividing the
upper and lower segments of the flag shall be positioned so that the parts of
the wavy line described in
the table are in the following positions
–
Part of wavy line Position
measured from upper hoist corner, distances being fractions of the length of the
flag
Central trough 50/100 along
the fly and 27/100 down the
hoist
Adjacement crest to left
39/100 along the fly and 25/100 down the
hoist
Adjacement crest to right
61/100 along the fly and 25/100 down the
hoist
Wavelengths of adjacent
20/100 in a horizontal
direction
crests and
troughs
The three white and two
blue wavy bands are arranged symmetrically below the dividing line described
above with widths of 4/100 of
the length of the flag; the lower edge of the
third blue wavy band is the straight line of the bottom edge of the
flag.
___________________________________
SCHEDULE
1A
(Section 3)
THE NATIONAL FLAG OF KIRIBATI
(Kiribati Flag should be inserted here)
SCHEDULE
2
(Section 8)
Official Description
The bird is a frigate bird
which represents power, freedom and Kiribati cultural dance
patterns.
The rising sun is the
tropical sun as Kiribati lies astride the
Equator.
The sea is the Pacific
Ocean which surrounds
Kiribati.
The Motto means Health,
Peace and Prosperity.
______________________________
SCHEDULE
2A
(Section 8)
THE NATIONAL EMBLEM OF KIRIBATI
SCHEDULE
3
(Section 12)
KUNAN KIRIBATI
(E oteaki man koreaki taekana iroun I. T. Uriam MBE)
Andante M.I =
108
1. Teirake kaaini
Kiribati
Anene ma te
kakatonga
Tauraoi nakon te
mwioko
Ma ni buokia
aomata
Tauaninne nte
raoiroi
Tangiria aomata
nako
Tauaninne nte
raoiroi
Tangiria
aomata
2. Reken te kabaia ma te
rau
Ibuakoia kaain
abara
Bon reken te nano ae
banin
Ma te i-tangitangiri
naba
Ma ni wakina te
kabaia
Ma n neboa i eta
abara
Ma ni wakina te
kabaia
Ma n neboa
abara
3. Ti butiko ngkoe
Atuara
Kawakinira ao
kairira
Nakon taai aika i
maira
Buokira ni bain ae
akoi
Kakabaia ara
Tautaeka
Ma ake a makuri
iai
Kakabaia ara
Tautaeka
Ma aomata ni
bane
----------------------------------------------------
EXPLANATORY MEMORANDUM
The principal object of this Act is to give a legislative base or backing to the Kiribati National Flag, the Kiribati National Emblem and the Kiribati National Anthem. It also seeks to empower the Beretitenti, acting in accordance with the advice of the Cabinet, to appoint such other flag or ensign to be flown or used for official purposes.
Section 3 of the Act
formally declares the existing National Flag and National Emblem (which are
described and reproduced in the Schedules
to the Act) as the National Flag and
National Emblem respectively of
Kiribati.
Section 4 and 5 of the
Act enjoins that any other flag or ensign (apart from the National Flag)
appointed by the Beretitenti and any
rules made by the Beretitenti relating to
the use of the National Flag and/or any other flag or ensign, shall be laid
before the
Maneaba ni Maungatabu and shall come into force on publication only
if the Maneaba ni Maungatabu does not reject or amend
same.
Section 7 of the Act
restricts the use of the National Flag or any other flag or ensign appointed by
the Beretitenti under the Act
for commercial
purposes.
Section 8, 9 and 10
formally declare the existing National Emblem as the National Emblem of Kiribati
and empowers the Beretitenti
to make rules relating to the use of the National
Emblem. Such rules are required to be laid before the Maneaba ni Maungatabu and
shall come into force on publication only if the Maneaba ni Maungatabu does not
amend or reject them.
Section 11
provides for improper use of the National Emblem and prescribes penalties for
such improper use.
Section 12
formally declares the existing National Anthem entitled "Teirake Kaini Kiribati"
to be the National Anthem of Kiribati
and sets out the words and music of the
Anthem in Schedule 3 to the Act.
Michael
N. Takabwebwe
Attorney
General
11 October 1989
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