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Solomon Islands Consolidated Legislation |
THE CONSTITUTION OF SOLOMON ISLANDS
STATUTORY INSTRUMENTS
1978 NO. 783
PACIFIC ISLANDS
The Solomon Islands Independence Order 1978
Made
- 31st May
1978
Laid before
Parliament - 8th June
1978
Coming into
Operation - 7th July 1978
At
the Court at Buckingham Palace, the 31st day of May
1978
Present,
The Queen's Most Excellent Majesty in Council
Her Majesty, by virtue and
in exercise of the powers in that behalf by the Foreign Jurisdiction Act
1890(a)
or otherwise in Her Majesty vested, is pleased, by and with the advice of Her
Privy Council, to order, and it is hereby ordered,
as
follow:-
Citation
and
commencement
1.-(1)
This Order may be cited as the Solomon Islands Independence Order
1978.
(2) This Order shall be
published in the Gazette and shall come into operation on the appointed
day:
Provided that sections 4(2)
and 6 of this Order shall come into operation
forthwith.
Interpretation
2.-(1)
In this Order-
"the appointed day" means 7th July 1978;
"the Constitution" means the Constitution set out in the Schedule to this Order;
"the existing Constitution" means the Constitution set out in the Schedule to the British Solomon Islands Order 1974(b) as amended by the British Solomon Islands (Amendment) Order 1975(c), the British Solomon Islands (Name of Territory) Order 1975(d), the Solomon Islands Courts Order 1975(e), the Solomon Islands (Amendment) Order 1975(f), the Solomon Islands (Amendment) Order 1976(g), and the Solomon Islands (Amendment) Order 1977(h);
(a) 1890 c. 37. (b) S.I. 1974/1262. (c) S.I. 1975/807. (d) S.I. 1975/808. (e) S.I. 1975/1511. (f) S.I. 1975/1832. (g) S.I. 1976/422. (h) S.I. 1977/590.
"the existing laws" means any Acts of the Parliament of the United Kingdom, Orders of Her Majesty in Council, Ordinances, rules, regulations, orders or other instruments having effect as part of the law of Solomon Islands (whether or not they have been brought into operation) immediately before the appointed day but does not include any Order revoked by this Order;
"the existing Legislative Assembly" means the Legislative Assembly established by the existing Constitution;
"the existing Orders" means the Orders revoked by section 3(1) of this Order.
(2)
The provisions of sections 133(2), 139, 144 and 145 of the Constitution shall
apply for the purposes of interpreting sections
1 to 14 of this Order and
otherwise in relation thereto as they apply for the purpose of interpreting and
in relation to the
Constitution.
Revocations
3.-(1)
The British Solomon Islands Order 1974, the British Solomon Islands (Amendment)
Order 1975, the British Solomons Islands (Name
of Territory) Order 1975, the
Solomon Islands Courts Order 1975, the Solomon Islands (Appeals to Privy
Council) Order
1975(a),
the Solomon Islands (Amendment) Order 1975, the Solomon Islands (Amendment)
Order 1976, and the Solomon Islands (Amendment) Order
1977 are
revoked.
(2) The Emergency Powers
Order in Council
1939(b)
and any Order in Council amending that
Order shall cease to have effect as part of the law of Solomon Islands on the
appointed day.
(a) S.I. 1975/1510. (b) See S.I. 1952 I, p. 621.
Establishment
of
Constitution
4.-(1)
Subject to the provisions of this Order, the Constitution shall come into effect
in Solomon Islands on the appointed
day.
(2) The Governor (as defined
for the purposes of the existing Constitution) may at any time after this
subsection comes into operation
exercise any of the powers conferred upon the
Governor-General by section 5 of this Order or by the Constitution to such
extent as
may in his opinion be necessary or expedient to enable the
Constitution to function as from the appointed
day.
Existing
laws
5.-(1)
The revocation of the existing Orders shall be without prejudice to the
continued operation of any existing laws made, or having
effect as if they had
been made, under any of those Orders; and the existing laws shall have effect on
and after the appointed day
as if they had been made in pursuance of the
Constitution and shall be construed with such modifications, adaptations,
qualifications
and exceptions as may be necessary to bring them into conformity
with the Solomon Islands Act
1978(c)
and this Order.
(c) 1978 c. 15
(2) Where any matter that
falls to be prescribed or otherwise provided for under the Constitution by
Parliament or by any other authority
or person is prescribed or provided for by
or under an existing law (including any amendment to any such law made under
this section)
or is otherwise prescribed or provided for immediately before the
appointed day by or under the existing Orders that prescription
or provision
shall, as from that day, have effect (with such modifications, adaptations,
qualifications and exceptions as may be
necessary to bring it into conformity
with the Solomon Islands Act 1978 and this Order) as if it had been made under
the Constitution
by Parliament or, as the case may require, by the other
authority or person.
(3) The
Governor-General may, by order published in the Gazette, at any time before 31st
December 1978 make such amendments to any
existing law (other than the Solomon
Islands Act 1978 or this Order) as may appear to him to be necessary or
expedient for bringing
that law into conformity with the provisions of this
Order or otherwise for giving effect or enabling effect to be given to those
provisions.
(4) An order made
under this section may be amended or revoked by Parliament or, in relation to
any existing law affected thereby,
by any other authority having power to amend,
repeal or revoke that existing
law.
(5) It is hereby declared,
for the avoidance of doubt, that, save as otherwise provided either expressly or
by necessary implication,
nothing in this Order shall be construed as affecting
the continued operation of any existing
law.
(6) The provisions of this
section shall be without prejudice to any powers conferred by this Order or any
other law upon any person
or authority to make provision for any matter,
including the amendment or repeal of any existing
law.
First
Governor
General
6.
Notwithstanding the provisions of section 27(1) of the Constitution, the first
Governor-General shall be appointed by Her Majesty
in accordance with such
address as may have been made to Her before the appointed day by the existing
Legislative Assembly, and any
such appointment shall take effect as from the
appointed
day.
Ministers
7.-(1)
Any person who immediately before the appointed day holds office as Chief
Minister or any other Minister under the existing Constitution
shall as from
that day hold office as Prime Minister or other Minister, as the case may be, as
if he had been elected or appointed
thereto under section 33 of the
Constitution.
(2) Any person
holding office as Prime Minister or other Minister by virtue of the preceding
subsection who immediately before the
appointed day was assigned responsibility
for any business of the Government shall be deemed to have been assigned
responsibility
for such business under section 37 of the
Constitution.
(3) Any person who
holds office as Prime Minister or other Minister by virtue of subsection (1) of
this section shall be deemed to
have complied with the requirements of section
39 of the
Constitution.
Leaders
of Official Opposition and of Independent
Members
8.
The persons who immediately before the appointed day are the Leader of the
Official Opposition and the Leader of the Independent
Members (as defined for
the purposes of the existing Constitution) shall as from that day hold office
respectively as Leader of the
Official Opposition and Leader of the Independent
Members as if they had been appointed thereto under section 66 of the
Constitution.
Parliament
9.-(1)
Until such time as it is otherwise provided under section 54 of the
Constitution, Solomon Islands shall be divided into thirty-eight
constituencies
the respective boundaries of which shall be the same as those prescribed in the
Electoral Provisions (Legislative
Assembly) Regulations 1976 for the
thirty-eight electoral districts established by those
Regulations.
(2) Notwithstanding
anything in sections 47 and 54 of the Constitution, Parliament shall, until it
is first dissolved, consist of
thirty-eight members, and any person who
immediately before the appointed day is an elected member of the existing
Legislative Assembly
shall on that day become a member of Parliament (whether or
not he becomes a citizen of Solomon Islands on that day) and shall be
deemed to
have complied with the requirements of section 63 of the Constitution and shall
hold his seat in Parliament in accordance
with the provisions of the
Constitution.
(3) Any person who
immediately before the appointed day holds the office of Speaker or Deputy
Speaker of the existing Legislative
Assembly shall on that day become the
Speaker or, as the case may be, the Deputy Speaker of Parliament and shall hold
office as such
in accordance with the provisions of the
Constitution.
(4) The rules and
orders of the existing Legislative Assembly as in force immediately before the
appointed day shall, except as may
be otherwise provided under section 62 of the
Constitution, have effect after the appointed day as if they had been made under
that
section but shall be construed with such modifications, adaptations,
qualifications and exceptions as may be necessary to bring them
into conformity
with this Order.
(5)
Notwithstanding anything in section 73(3) of the Constitution, Parliament shall,
unless sooner dissolved, stand dissolved on 1st
June
1980.
Public
officers
10.-(1)
Every person who immediately before the appointed day holds or is acting in a
public office shall, as from that day, hold or
act in that office or the
corresponding public office established by the Constitution as if he had been
appointed to do so in accordance
with the provisions of the Constitution and
shall be deemed to have taken any oaths required upon such appointment by any
existing
law:
Provided that any
person who under the existing Constitution or any existing law would have been
required to vacate office at the
expiration of any period or on the attainment
of any age shall vacate his office under the Constitution upon the expiration of
that
period or upon the attainment of that
age.
(2) The provisions of this
section shall be without prejudice to any powers conferred by or under the
Constitution upon any person
or authority to make provision for the abolition of
offices and for the removal from office of persons holding or acting in any
office.
(3) For the purpose of
administering the oaths to be taken by the first Governor-General under section
29 of the Constitution, the
Chief Justice (or such other judge of the High Court
or the Court of Appeal as the Chief Justice may have designated under that
section)
shall be deemed to have taken the oaths required by section 141 of the
Constitution.
Transitional
provisions relating to
Commissions
11.-(1)
Any person who immediately before the appointed day holds or is acting in any
office to which this subsection applies shall,
as from that day, hold or act in
the corresponding office established by the Constitution as if he had been
appointed to do so in
accordance with the provisions of the
Constitution:
Provided that any
such person who under the provisions of the existing Constitution would have
been required to vacate his office
on the expiration of any period or at any
other time specified in the instrument by which he was appointed shall vacate
his office
at the expiration of that period or at that
time.
(2) Subsection (1) of this
section applies to the following offices of members of Commissions established
by Chapter V of the existing
Constitution-
(a) any member of the Public Service Commission;
(b) the member of the Judicial and Legal Service Commission appointed under section 68A(2)(d) of the existing Constitution; and
(c) the member of the Police Service Commission appointed under section 68C(2)(c) of the existing Constitution.
(3)
Any power that, immediately before the appointed day, is vested in a Commission
established by Chapter V of the existing Constitution
and that under that
Constitution is then delegated to some other person or authority shall be deemed
to have been delegated to that
person or authority on the appointed day in
accordance with the provisions of the Constitution; and any proceedings
commenced or
pending before any such Commission immediately before the appointed
day may be carried on before the corresponding Commission established
by Chapter
XIII of the
Constitution.
Legal
proceedings
12.-(1)
All proceedings commenced or pending immediately before the appointed day before
the High Court or the Court of Appeal established
by the existing Constitution
may continue on and after that day before the High Court or the Court of Appeal,
as the case may be,
established by the
Constitution.
(2) Any decision
given before the appointed day by the High Court or the Court of Appeal
established by the existing Constitution
shall for the purposes of its
enforcement or, in the case of a decision given by the High Court, for the
purpose of any appeal therefrom,
have effect on and after that day as if it were
a decision of the High Court or the Court of Appeal, as the case may be,
established
by the
Constitution.
(3) Sections 85 to
89 of the Constitution shall come into operation on such date as the
Governor-General may by order prescribe, and
any such order may make such
transitional provision as to pending proceedings or otherwise as the
Governor-General thinks fit.
(4)
Notwithstanding the provisions of this section, until such time as the Court of
Appeal is established under section 85 of the
Constitution, appeals from the
High Court shall lie to the Court of Appeal of Fiji or such other court as
Parliament may
prescribe.
Provincial
government
13.
Until further provision is made by Parliament under section 114 of the
Constitution-
(a) provincial government in Solomon Islands shall be regulated by the provisions of the Local Government Ordinance(a) subject to such modifications, adaptations, qualifications and exceptions as may be necessary to bring them into conformity with the provisions of the Constitution; and
(a) Cap. 14.
(b) each Local Council shall be redesignated Provincial Assembly, and each Area Committee shall be redesignated Area Council.
Alteration
of this
Order
14.-(1)
Parliament may alter any of the provisions of this Order in the same manner as
it may alter any of the provisions of the Constitution
not specified in section
61(2) of the
Constitution:
Provided that
subsections (1), (2), (3) and (5) of section 9, section 10, subsections (1) and
(2) of section 11 and this section may
be altered by Parliament only in the same
manner as the provisions so
specified.
(2) Section 61(5) of
the Constitution shall apply for the purpose of construing references in this
section to any provision of this
Order and to the alteration of any such
provision as it applies for the purpose of construing references in section 61
of the Constitution
to any provision of the Constitution and to the alteration
of any such provision.
______
SCHEDULE
ARRANGEMENT OF SECTIONS
CHAPTER I
THE STATE AND THE CONSTITUTION
SECTION
1.
THE STATE AND HEAD OF STATE
2.
CONSTITUTION IS SUPREME LAW
CHAPTER II
PROTECTION OF FUNDAMENTAL RIGHTS AND FREEDOMS OF THE INDIVIDUAL
3. FUNDAMENTAL RIGHTS AND
FREEDOMS OF THE INDIVIDUAL
4.
PROTECTION OF RIGHT TO LIFE
5.
PROTECTION OF RIGHT TO PERSONAL
LIBERTY
6. PROTECTION FROM SLAVERY AND
FORCED LABOUR
7. PROTECTION FROM
INHUMAN TREATMENT
8. PROTECTION FROM
DEPRIVATION OF PROPERTY
9. PROTECTION
FOR PRIVACY OF HOME AND OTHER
PROPERTY
10. PROVISIONS TO SECURE
PROTECTION OF LAW
11. PROTECTION OF
FREEDOM OF CONSCIENCE
12. PROTECTION
OF FREEDOM OF EXPRESSION
13.
PROTECTION OF FREEDOM OF ASSEMBLY AND
ASSOCIATION
14. PROTECTION OF FREEDOM
OF MOVEMENT
15. PROTECTION FROM
DISCRIMINATION ON GROUNDS OF RACE,
ETC.
16. PROVISIONS FOR PERIODS OF
PUBLIC EMERGENCY
17. COMPENSATION FOR
CONTRAVENTION OF RIGHTS AND FREEDOMS
18. ENFORCEMENT OF PROTECTIVE
PROVISIONS
19. INTERPRETATION AND
SAVINGS
CHAPTER III
CITIZENSHIP
20. PERSONS WHO BECOME
CITIZENS ON INDEPENDENCE DAY
21.
PERSONS ENTITLED TO BE REGISTERED AS CITIZENS AFTER INDEPENDENCE
DAY
22. PERSONS BORN ON OR AFTER
INDEPENDENCE DAY
23. AVOIDANCE OF DUAL
NATIONALITY
24. COMMONWEALTH
CITIZENS
25. POWERS OF
PARLIAMENT
26.
INTERPRETATION
CHAPTER IV
THE GOVERNOR-GENERAL
27. ESTABLISHMENT OF
OFFICE OF GOVERNOR-GENERAL
28. ACTING
GOVERNOR-GENERAL
29. OATHS TO BE TAKEN
BY GOVERNOR-GENERAL
CHAPTER V
THE EXECUTIVE
30. EXECUTIVE AUTHORITY OF
SOLOMON ISLANDS
31. EXERCISE OF
GOVERNOR-GENERAL'S FUNCTIONS
32.
GOVERNOR-GENERAL TO BE KEPT
INFORMED
33.
MINISTERS
34. TENURE OF OFFICE OF
MINISTERS
35. THE
CABINET
36. PROCEEDINGS IN
CABINET
37. ASSIGNMENT OF
RESPONSIBILITIES TO MINISTERS
38.
PERFORMANCE OF PRIME MINISTER'S FUNCTIONS DURING ILLNESS OR
ABSENCE
39. OATHS TO BE TAKEN BY
MEMBERS OF CABINET
40. DIRECTION, ETC
OF GOVERNMENT DEPARTMENTS
41.
SECRETARY TO CABINET
42.
ATTORNEY-GENERAL
43. COMMISSIONER OF
POLICE
44. CONSTITUTION OF
OFFICES
45. PREROGATIVE OF
MERCY
CHAPTER VI
THE NATIONAL LEGISLATURE
Part I - Parliament
46. ESTABLISHMENT OF
PARLIAMENT
47. COMPOSITION OF
PARLIAMENT
48. QUALIFICATION FOR
MEMBERSHIP
49. DISQUALIFICATION FROM
MEMBERSHIP
50. VACATION OF SEATS BY
MEMBERS
51. VACATION OF SEAT ON
SENTENCE, ETC
52. DETERMINATION OF
QUESTIONS AS TO MEMBERSHIP
53.
CONSTITUENCY BOUNDARIES COMMISSION
54.
CONSTITUENCIES
55. QUALIFICATIONS AND
DISQUALIFICATIONS FOR REGISTRATION AS AN
ELECTOR
56. RIGHT TO VOTE AT
ELECTION
57. ELECTORAL
COMMISSION
58. FUNCTIONS OF ELECTORAL
COMMISSION
Part II - Legislation and Procedure in Parliament
59. POWER TO MAKE
LAWS
60. INTRODUCTION OF BILLS,
ETC
61. ALTERATION OF
CONSTITUTION
62. RULES OF PROCEDURE OF
PARLIAMENT
63. OATH OF
ALLEGIANCE
64. THE SPEAKER AND DEPUTY
SPEAKER
65. PRESIDING IN
PARLIAMENT
66. LEADERS OF OPPOSITION
AND INDEPENDENT GROUPS IN
PARLIAMENT
67.
QUORUM
68. PROCEEDINGS IN
PARLIAMENT
69. PRIVILEGES OF
PARLIAMENT AND ITS MEMBERS
69A.
MEMBERS OF PARLIAMENT (ENTITLEMENTS)
COMMISSION
69B. DETERMINATION OF
ENTITLEMENTS OF PARLIAMENTARIANS
69C.
ADMISSIBILITY OF ENTITLEMENTS TO BE IN ACCORDANCE WITH
REGULATIONS
70. PROCEEDINGS OF
PARLIAMENT TO BE HELD IN PUBLIC
71.
VOTING
72. SESSIONS OF
PARLIAMENT
73. PROROGATION AND
DISSOLUTION
74. GENERAL
ELECTIONS
CHAPTER VII
THE LEGAL SYSTEM
Part I - The Application of Laws
75. APPLICATION OF
LAWS
76. COMMON LAW AND CUSTOMARY LAW,
ETC
Part II - The Judiciary
(a) The High Court
77. ESTABLISHMENT OF HIGH
COURT
78. APPOINTMENT OF JUDGES OF
HIGH COURT
79. ACTING JUDGES AND
COMMISSIONERS OF HIGH COURT
80. TENURE
OF OFFICE OF JUDGES OF HIGH COURT
81.
JUDGE MAY SIT AFTER APPOINTMENT HAS
TERMINATED
82. SEAL OF HIGH
COURT
83. JURISDICTION OF HIGH COURT
IN CONSTITUTIONAL QUESTIONS
84. HIGH
COURT AND SUBORDINATE COURTS
(b) The Court of Appeal
85. ESTABLISHMENT OF COURT
OF APPEAL
86. APPOINTMENT OF JUDGES OF
COURT OF APPEAL
87. TENURE OF OFFICE
OF JUDGES OF COURT OF APPEAL
88. JUDGE
MAY SIT AFTER APPOINTMENT HAS
TERMINATED
89. SEAL OF COURT OF
APPEAL
(c) Rules of Court
90. RULES OF
COURT
Part III-The Director of Public Prosecutions and the Public Solicitor
91. DIRECTOR OF PUBLIC
PROSECUTIONS
92. PUBLIC
SOLICITOR
CHAPTER VIII
LEADERSHIP CODE
93. APPLICATION OF THIS
CHAPTER
94. RESPONSIBILITIES OF
OFFICE
95. FURTHER
PROVISIONS
CHAPTER IX
THE OMBUDSMAN
96. OFFICE OF
OMBUDSMAN
97. FUNCTIONS OF
OMBUDSMAN
98. DISCHARGE OF FUNCTIONS
OF OMBUDSMAN
99. FURTHER
PROVISIONS
CHAPTER X
FINANCE
100. CONSOLIDATED FUND AND
SPECIAL FUNDS
101. WITHDRAWAL OF MONEY
FROM CONSOLIDATED FUND
102.
AUTHORISATION OF EXPENDITURE
103.
AUTHORISATION OF EXPENDITURE IN ADVANCE OF
APPROPRIATION
104. DELAY IN
APPROPRIATION ACT OWING TO
DISSOLUTION
105. PUBLIC DEBT AND
BORROWING
106. IMPOSITION OF
TAXATION
107. REMUNERATION OF CERTAIN
OFFICERS
108.
AUDITOR-GENERAL
109.
INTERPRETATION
CHAPTER XI
LAND
110.
LAND
111. NON-CUSTOMARY
LAND
112. CUSTOMARY
LAND
113. SAVINGS AND
INTERPRETATION
CHAPTER XII
POLITICAL DIVISIONS
114. GOVERNMENT OF HONIARA
CITY AND PROVINCES
CHAPTER XIII
THE PUBLIC SERVICE
115. PUBLIC SERVICE
COMMISSION
116. APPOINTMENTS ETC. OF
PUBLIC OFFICERS
116A. TEACHING SERVICE
COMMISSION
116B. APPOINTMENTS ETC. OF
TEACHERS
117. JUDICIAL AND LEGAL
SERVICE COMMISSION
118. APPOINTMENTS
ETC. OF JUDICIAL AND LEGAL
OFFICERS
119. POLICE AND PRISONS
SERVICE COMMISSION
120. APPOINTMENTS
OF OFFICERS IN POLICE FORCE
121.
REMOVAL AND DISCIPLINE OF MEMBERS OF POLICE FORCE
122.
APPEAL
123. APPOINTMENTS OF OFFICERS
IN PRISONS SERVICE
124. REMOVAL AND
DISCIPLINE OF MEMBERS OF PRISONS
SERVICE
125.
APPEAL
126. REMOVAL FROM OFFICE OF
MEMBERS OF COMMISSION
127.
APPOINTMENTS ETC. TO PARTICULAR
OFFICES
128. APPOINTMENT OF PERMANENT
SECRETARIES
129. TENURE OF OFFICE OF
CERTAIN PUBLIC OFFICERS
130.
APPLICABILITY OF PENSIONS LAW
131.
PENSIONS ETC. CHARGED ON THE CONSOLIDATED
FUND
132. GRAND AND WITHHOLDING OF
PENSIONS ETC
CHAPTER XIV
MISCELLANEOUS
133. POWERS OF APPOINTMENT
AND ACTING APPOINTMENTS
134.
REAPPOINTMENTS AND CONCURRENT
APPOINTMENTS
135. REMOVAL FROM
OFFICE
136.
RESIGNATIONS
137. PERFORMANCE OF
FUNCTIONS OF COMMISSIONS, ETC
138.
SAVING FOR JURISDICTION OF COURTS
139.
POWER TO AMEND AND REVOKE INSTRUMENTS,
ETC
140.
CONSULTATION
141.
OATHS
142. NATIONAL
SEAL
143. ESTABLISHMENT OF CERTAIN
OFFICES
144.
INTERPRETATION
145. REFERENCES TO
PUBLIC OFFICE, ETC
SCHEDULE 1
FORMS OF OATHS AND AFFIRMATIONS
SCHEDULE 2
ELECTION OF PRIME MINISTER
SCHEDULE 3
APPLICATION OF LAWS
----------------------------
LN 43
of 1978
14 of
1982
1 of
1983
1 of
1989
10 of
1992
[Sections
1 to 84 & 90 to 145 - 7th July
1978.
Sections 85
to 89 - 1 December 1982]
We the people of Solomon Islands, proud of the wisdom and the worthy customs of our ancestors, mindful of our common and diverse heritage and conscious of our common destiny, do now, under the guiding hand of God, establish the sovereign democratic State of Solomon Islands;
As a basis of our united nation
DECLARE that -
(a) all power in Solomon Islands belongs to its people and is exercised on their behalf by the legislature, the executive and the judiciary established by this Constitution;
(b) the natural resources of our country are vested in the people and the government of Solomon Islands;
AGREE AND PLEDGE that -
(a) our government shall be based on democratic principles of universal suffrage and the responsibility of executive authorities to elected assemblies;
(b) we shall uphold the principles of equality, social justice and the equitable distribution of incomes;
(c) we shall respect and enhance human dignity and strengthen and build on our communal solidarity;
(d) we shall cherish and promote the different cultural traditions within Solomon Islands;
(e) we shall ensure that participation of our people in the governance of their affairs and provide within the framework of our national unity for the decentralisation of power;
AND for these purposes we now give ourselves this Constitution.
CHAPTER I
THE STATE AND THE CONSTITUTION
The
State and Head of
State
1.-(1)
Solomon Islands shall be a sovereign democratic
State.
(2) Her Majesty shall be
the Head of State of Solomon
Islands.
Constitution
is supreme
law
2.
This Constitution is the supreme law of
Solomon Islands and if any other law is inconsistent with this Constitution,
that other law
shall, to the extent of the inconsistency, be
void.
CHAPTER II
PROTECTION OF FUNDAMENTAL RIGHTS AND FREEDOMS OF THE INDIVIDUAL
Fundamental
rights and freedoms of the
individual
3.
Whereas every person in Solomon Islands is entitled to the fundamental rights
and freedoms of the individual, that is to say, the
right, whatever his race,
place of origin, political opinions, colour, creed or sex, but subject to
respect for the rights and freedoms
of others and for the public interest, to
each and all of the following, namely:-
(a) life, liberty, security of the person and the protection of the law;
(b) freedom of conscience of expression and of assembly and association; and
(c) protection for the privacy of his home and other property and from deprivation of property without compensation,
the
provisions of this Chapter shall have effect for the purpose of affording
protection of those rights and freedoms subject to such
limitations of that
protection as are contained in those provisions, being limitations designed to
ensure that the enjoyment of the
said rights and freedoms by an individual does
not prejudice the rights and freedoms of others or the public
interest.
Protection
of right to
life
4.-(1)
No person shall be deprived of his life intentionally save in execution of the
sentence of a court in respect of a criminal offence
under the law in force in
Solomon Islands of which he has been
convicted.
(2) A person shall not
be regarded as having been deprived of his life in contravention of this section
if he dies as the result of
the use, to such extent and in such circumstances as
are permitted by law, of such force as is reasonably justifiable-
(a) for the defence of any person from violence or for the defence of property;
(b) in order to effect a lawful arrest or to prevent the escape of a person lawfully detained;
(c) for the purpose of suppressing a riot, insurrection or mutiny;
(d) in order to prevent the commission by that person of a criminal offence,
or
if he dies as the result of a lawful act of
war.
Protection
of right to personal
liberty
5.-(1)
No person shall be deprived of his personal liberty save as may be authorised by
law in any of the following cases, that is to
say -
(a) in consequence of his unfitness to plead to a criminal charge;
(b) in execution of the sentence or order of a court, whether established for Solomon Islands or some other country, in respect of a criminal offence of which he has been convicted;
(c) in execution of the order of a court of record punishing him for contempt of that court or of a court inferior to it;
(d) in execution of the order of a court made to secure the fulfilment of any obligation imposed on him by law;
(e) for the purpose of bringing him before a court in execution of the order of a court;
(f) upon reasonable suspicion of his having committed, or being about to commit, a criminal offence under the law in force in Solomon Islands;
(g) in the case of a person who has not attained the age of eighteen years, under the order of a court or with the consent of his parent or guardian, for the purpose of his education or welfare;
(h) for the purpose of preventing the spread of an infectious or contagious disease;
(i) in the case of a person who is, or is reasonably suspected to be, of unsound mind, addicted to drugs or alcohol, or a vagrant, for the purpose of his care or treatment or the protection of the community;
(j) for the purpose of preventing the unlawful entry of that person into Solomon Islands, or for the purpose of effecting the expulsion, extradition or other lawful removal of that person from Solomon Islands or for the purpose of restricting that person while he is being conveyed through Solomon Islands in the course of his extradition or removal as a convicted prisoner from one country to another; or
(k) to such extent as may be necessary in the execution of a lawful order of a court requiring that person to remain within a specified area within Solomon Islands or prohibiting him from being within such an area, or to such extent as may be reasonably justifiable for the taking of proceedings against that person relating to the making of any such order, or to such extent as may be reasonably justifiable for restraining that person during any visit that he is permitted to make to any part of Solomon Islands in which, in consequence of any such order, his presence would otherwise be unlawful.
(2)
Any person who is arrested or detained shall be informed as soon as reasonably
practicable, and in a language that he understands,
of the reasons for his
arrest or detention.
(3) Any
person who is arrested or detained -
(a) for the purpose of brining him before a court in execution of the order of a court;
(b) upon reasonable suspicion of his having committed, or being about to commit, a criminal offence under the law in force in Solomon Islands,
and
who is not released, shall be brought without undue delay before a court; and if
any person arrested or detained upon reasonable
suspicion of his having
committed or being about to commit a criminal offence is not tried within a
reasonable time, then, without
prejudice to any further proceedings that may be
brought against him, he shall be released either unconditionally or upon
reasonable
conditions, including in particular such conditions as are reasonable
necessary to ensure that he appears at a later date for trial
or for proceedings
preliminary to
trial.
Protection
from slavery and forced
labour
6.-(1)
No person shall be held in slavery or
servitude.
(2) No person shall be
required to perform forced
labour.
(3) For the purposes of
this section, the expression "forced labour" does not include -
(a) any labour required in consequence of the sentence or order of a court;
(b) any labour required of any person while he is lawfully detained that, though not required in consequence of the sentence or order of a court, is reasonably necessary in the interests of hygiene or for the maintenance of the place at which he is detained;
(c) any labour required of a member of a disciplined force in pursuance of his duties as such or, in the case of a person who has conscientious objections to service as a member of a naval, military or air force, any labour that that person is required by law to perform in place of such service;
(d) any labour required during any period of public emergency or in the event of any other emergency or calamity that threatens the life and well-being of the community, to the extent that the requiring of such labour is reasonably justifiable in the circumstances of any situation arising or existing during that period or as a result of that other emergency or calamity, for the purpose of dealing with that situation; or
(e) any labour reasonably required as part of reasonable and normal communal or other civic obligations.
Protection
from inhuman
treatment
7.
No person shall be subjected to torture or to inhuman or degrading punishment or
other
treatment.
Protection
from deprivation of
property
8.-(1)
No property of any description shall be compulsorily taken possession of, and no
interest or right over property of any description
shall be compulsorily
acquired, except where the following conditions are satisfied, that is to say
-
(a) the taking of possession or acquisition is necessary or expedient in the interests of defence, public safety, public order, public morality, public health, town or country planning or the development or utilisation of any property in such a manner as to promote the public benefit; and
(b) there is reasonable justification for the causing of any hardship that may result to any person having an interest in or right over the property; and
(c) provision is made by a law applicable to that taking of possession or acquisition -
(i) for the payment of reasonable compensation (the valuable consideration of which may take the form of cash or some other form and may be payable by way of lump sum or by instalments) within a reasonable period of time having due regard to all the relevant circumstances; and
(ii) securing to any person having an interest in or right over the property a right of access to the High Court, whether direct or on appeal from any other authority, for the determination of his interest or right, the legality of the taking of possession or acquisition of the property, interest or right, and the reasonableness of the compensation and the period of time within which it shall be paid.
(2)
Nothing contained in or done under the authority of any law shall be held to be
inconsistent with or in contravention of this
section -
(a) to the extent that the law in question makes provision for the taking of possession or acquisition of any property -
(i) in satisfaction of any tax, rate or duty;
(ii) by way of penalty for breach of the law of forfeiture in consequence of a breach of the law;
(iii) as an incident of a lease, tenancy, mortgage, charge, bill of sale, pledge or contract;
(iv) in the execution of judgements or orders of a court in proceedings for the determination of civil rights or obligations;
(v) in circumstances where it is reasonably necessary so to do because the property is in a dangerous state or injurious to the health of human beings, animals or plants;
(iv) in consequence of any law with respect to the limitation of actions or acquisitive prescription; or
(vii) for so long only as may be necessary for the purposes of any examination, investigation, trial or enquiry or, in the case of land, the carrying out thereon -
(A) of work of soil conservation or of conservation of other natural resources; or
(B) of work relating to agricultural development or improvement which the owner or occupier of the land has been required, and has without reasonable excuse refused or failed, to carry out,
except so far as that provision or, as the case may be, the thing done under the authority thereof is shown not to be reasonably justifiable in a democratic society; or
(b) to the extent that the law in question makes provision for the taking of possession or acquisition of -
(i) enemy property;
(ii) property of a deceased person, a person of unsound mind, a person who has not attained the age of twenty-one years or a person who is absent from Solomon Islands, for the purpose of its administration for the benefit of the persons entitled to the beneficial interest therein;
(iii) property of a person declared to be insolvent or a body corporate in liquidation, for the purpose of its administration for the benefit of the creditors of the insolvent or body corporate and, subject thereto, for the benefit of other persons entitled to the beneficial interest in the property; or
(iv) property subject to a trust, for the purpose of vesting the property in persons appointed as trustees under the instrument creating the trust or by a court or, by order of a court, for the purpose of giving effect to the trust.
(3)
Nothing in this section shall be construed as affecting the making or operation
of any law for the compulsory taking of possession
in the public interest of any
property, or the compulsory acquisition in the public interest of any interest
in or right over property,
where that property, interest or right is held by a
body corporate established for public purposes by any law and in which no moneys
have been invested other than moneys provided by the
Government.
Protection
for privacy of home and other
property
9.-(1)
Except with his own consent, no person shall be subjected to the search of his
person or his property or the entry by others
on his
premises.
(2) Nothing contained in
or done under the authority of any law shall be held to be inconsistent with or
in contravention of this
section to the extent that the law in question makes
provision -
(a) in the interests of defence, public safety, public order, the prevention and investigation of breaches of the law, public morality, public health, town or country planning, the development and utilisation of mineral resources, or the development or utilisation of any other property in such a manner as to promote the public benefit;
(b) for the purpose of protection the rights or freedoms of other persons;
(c) for the purpose of authorising an officer or agent of the Government, an authority of the property of Honiara city or of a provincial government or a body corporate established by law for a public purpose to enter on the premises of any person in order to inspect those premises or anything thereon for the purpose of any tax, rate or duty or in order to carry out work connected with any property that is lawfully on those premises and that belongs to the Government, that authority or that body corporate, as the case may be;
1 of 1983, Sched.
(d) for the purpose of authorising the entry upon any premises in pursuance of an order of a court for the purpose of enforcing the judgment or order of a court in any proceedings; or
(e) for the purpose of authorising the entry upon any premises for the purpose of preventing or detecting criminal offences,
and
except so far as that provision or, as the case may be, anything done under the
authority thereof is shown not to be reasonably
justifiable in a democratic
society.
Provisions
to secure protection of
law
10.-(1)
If any person is charged with a criminal offence, then, unless the charge is
withdrawn, that person shall be afforded a fair
hearing within a reasonable time
by an independent and impartial court established by
law.
(2) Every person who is
charged with a criminal offence -
(a) shall be presumed to be innocent until he is proved or has pleaded guilty;
(b) shall be informed as soon as reasonably practicable, in detail and in a language that he understands, of the nature of the offence charged;
(c) shall be given adequate time and facilities for the preparation of his defence;
(d) shall be permitted to defend himself before the court in person or, at his own expense, by a legal representative of his own choice;
(e) shall be afforded facilities to examine in person or by his legal representative the witnesses called by the prosecution before the court, and to obtain the attendance and carry out the examination of witnesses to testify on his behalf before the court on the same conditions as those applying to witnesses called by the prosecution; and
(f) shall be permitted to have without payment the assistance of an interpreter if he cannot understand the language used at the trial of the charge,
and,
except with his own consent, the trial shall not take place in his absence
unless he so conducts himself as to render the continuance
of the proceedings in
his presence impracticable and the court has ordered him to be removed and the
trial to proceed in his
absence.
(3) When a person is
tried for any criminal offence, the accused person or any person authorised by
him in that behalf shall, if he
so requires and subject to payment of such
reasonable fee as may be prescribed by law, be given within a reasonable time
after judgement
a copy for the use of the accused person of any record of the
proceedings made by or on behalf of the
court.
(4) No person shall be held
to be guilty of a criminal offence on account of any act or omission that did
not, at the time it took
place, constitute such an offence, and no penalty shall
be imposed for any criminal offence that is severer in degree or description
than the maximum penalty that might have been imposed for that offence at the
time when it was committed.
(5) No
person who shows that he has been tried by a competent court for a criminal
offence and either convicted or acquitted shall
again be tried for that offence
or for any other criminal offence of which he could have been convicted at the
trial for that offence,
save upon the order of a superior court in the course of
appeal of review proceedings relating to the conviction or
acquittal.
(6) No person shall be
tried for a criminal offence if he shows that he has been pardoned for that
offence.
(7) No person who is
tried for a criminal offence shall be compelled to give evidence at the
trial.
(8) Any court or other
adjudicating authority prescribed by law for the determination of the existence
or extent of any civil right
or obligation shall be established or recognised by
law and shall be independent and impartial; and where proceedings for such a
determination are instituted by any person before such a court or other
adjudicating authority, that person shall be given a fair
hearing within a
reasonable time.
(9) Except with
the agreement of all the parties thereto, all proceedings of every court and
proceedings for the determination of
the existence or extent of any civil right
or obligation before any other adjudicating authority, including the
announcement of the
decision of the court or other authority, shall be held in
public.
(10) Nothing in the
preceding subsection shall prevent the court or other adjudicating authority
from excluding from the proceedings
persons other than the parties thereto and
their legal representatives to such extent as the court or other authority
-
(a) may by law be empowered so to do and may consider necessary or expedient in circumstances where publicity would prejudice the interests of justice or in interlocutory proceedings or in the interests of decency, public morality, the welfare of persons under the age of eighteen years or the protection of the private lives of persons concerned in the proceedings; or
(b) may by law be empowered or required so to do in the interests of defence, public safety or public order;
(11)
Nothing contained in or done under the authority of any law shall be held to be
inconsistent with or in contravention of –
(a) subsection (2)(a) of this section to the extent that the law in question imposes upon any person charged with a criminal offence the burden of proving particular facts;
(b) Subsection (2)(e) of this section to the extent that the law in question imposes reasonable conditions that must be satisfied if witnesses called to testify on behalf of an accused person are to be paid their expenses out of public funds; or
(c) subsection (5) of this section to the extent that the law in question authorises a court to try a member of a disciplined force for a criminal offence notwithstanding any trial and conviction or acquittal of that member under the disciplinary law of that force, so, however, that any court so trying such a member and convicting him shall in sentencing him to any punishment take into account any punishment awarded him under that disciplinary law.
Protection
of freedom of
conscience
11.-(1)
Except with his own consent, no person shall be hindered in the enjoyment of his
freedom of conscience, and for the purposes
of this section the said freedom
includes freedom of thought and of religion, freedom to change his religion or
belief, and freedom,
either alone or in community with others, and both in
public and in private, to manifest and propagate his religion or belief in
worship, teaching, practice and
observance.
(2) Every religious
community shall be entitled, at its own expense, to establish and maintain
places of education and to manage any
place of education which it wholly
maintains.
(3) No religious
community shall be prevented from providing religious instruction for persons of
that community in the course of
any education provided at any place of education
which it wholly maintains or in the course of any education which it otherwise
provides.
(4) Except with his own
consent (or, if he is a person who has not attained the age of eighteen years,
the consent of his guardian)
no person attending any place of education shall be
requires to receive religious instruction or take part in or attend any
religious
ceremony or observance if that instruction, ceremony or observance
relates to a religion other than his
own.
(5) No person shall be
compelled to take any oath which is contrary to his religion or belief or to
take any oath in a manner which
is contrary to his religion or
belief.
(6) Nothing contained in
or done under the authority of any law shall be held to be inconsistent with or
in contravention of this
section to the extent that the law in question makes
provision which is reasonably required -
(a) in the interest of defence, public safety, public order, public morality or public health; or
(b) for the purpose of protecting the rights and freedoms of other persons, including the right to practise and observe any religion without the unsolicited intervention of members of any other religion,
and
except so far as that provision or, as the case may be, the thing done under the
authority thereof is shown not to be reasonably
be justifiable in a democratic
society.
(7) Nothing in this
section shall affect the power of Parliament to prescribe the curriculum and
related matters in all places of
education within Solomon
Islands.
(8) References in this
section to a religion shall be construed as including references to a religious
denomination, and cognate expressions
shall be construed
accordingly.
Protection
of freedom of
expression
12.-(1)
Except with his own consent, no person shall be hindered in the enjoyment of his
freedom of expression, and for the purposes
of this section the said freedom
includes the freedom to hold opinions without interference, freedom to receive
ideas and information
without interference, freedom to communicate ideas and
information without interference and freedom from interference with his
correspondence.
(2) Nothing
contain in or done under the authority of any law shall be held to be
inconsistent with or in contravention of this section
to the extent that the law
in question makes provision-
(a) in the interest of defence, public safety, public order, public morality or public health;
(b) for the purpose of protecting the reputations, rights and freedoms of other persons or the private lives of persons concerned in legal proceedings, preventing the disclosure of information received in confidence, maintaining the authority and independence of the courts, or regulating the administration or the technical operation of telephony, telegraphy, posts, wireless, broadcasting or television; or
(c) that imposes restriction upon public officers,
and
except so far as that provision or, as the case may be, the thing done under the
authority thereof is shown not to be reasonably
justifiable in a democratic
society.
Protection
of freedom of assembly and
association
13.-(1)
Except with his own consent, no person shall be hindered in the enjoyment of his
freedom of assembly and association, that is
to say, his right to assemble
freely and associate with other persons and in particular to form or belong to
political parties or
to form or belong to trade unions or other associations for
the protection of his
interests.
(2) Nothing contained
in or done under the authority of any law shall be held to be inconsistent with
or in contravention of this
section to the extent that the law in question makes
provision -
(a) to the interests of defence, public safety, public order, public morality or public health;
(b) for the purpose of protecting the rights or freedoms of other persons; or
(c) that imposes restrictions upon public officers,
and
except so far as that provision or, as the case may be, the thing done under the
authority thereof is shown not to be reasonably
justifiable in a democratic
society.
Protection
of freedom of
movement
14.-(1)
No person shall be deprived of his freedom of movement, and for the purposes of
this section the said freedom means the right
to move freely throughout Solomon
Islands, the right to reside in any part of Solomon Islands, the right to enter
Solomon Islands
and immunity from expulsion from Solomon
Islands.
(2) Any restriction on a
person's freedom of movement that is involved in his lawful detention shall not
be held to be inconsistent
with or in contravention of this
section.
(3) Nothing contained in
or done under the authority of any law shall be held to be inconsistent with or
in contravention of this
section to the extent that the law in question makes
provision -
(a) for the imposition of restrictions on the movement or residence within Solomon Islands of any person or on any person's right to leave Solomon Islands that are reasonably required in the interests of defence, public safety or public order;
(b) for the imposition of restriction on the movement or residence within Solomon Islands or on the right to leave Solomon Islands of persons generally or any class of persons that are reasonably required in the interests of defence, public safety, public order, public morality or public health;
(c) for the imposition of restrictions on the movement or residence within Solomon Islands of any person who is not a citizen of Solomon Islands or the exclusion or expulsion from Solomon Islands of any such person;
(d) for the imposition of restrictions on the acquisition or use by any person of land or other property in Solomon Islands;
(e) for the imposition of restrictions upon the movement or residence within Solomon Islands of public officers;
(f) for the removal of a person from Solomon Islands to be tried or punished in some other country for a criminal offence under the law of that other country or to undergo imprisonment in that other country in execution of the sentence of a court in respect of a criminal offence under the law in force in Solomon Islands of which he has been convicted; or
(g) for the imposition of restrictions, by order of a court, on the movement or residence within Solomon Islands of any person or on any person's right to leave Solomon Islands either in consequence of his having been found guilty of a criminal offence under the law in force in Solomon Islands or for the purpose of ensuring that he appears before a court at a later date for trial or for proceedings relating to his extradition or lawful removal from Solomon Islands,
and
except so far as that provision or, as the case may be, the thing done under the
authority thereof is shown not to be reasonably
justifiable in a democratic
society.
(4) If any person whose
freedom of movement has been restricted by virtue only of such a provision as is
referred to in subsection
(3)(a)
or
(b)
of this section so request at any time during the period of that restriction not
earlier than six months after he last made such
a request during that period,
his case shall be reviewed by an independent and impartial tribunal presided
over by a person, qualified
to be admitted to practise in Solomon Islands as an
advocate or as a barrister and solicitor, appointed by the Chief
Justice.
(5) On any review by a
tribunal in pursuance of the preceding subsection of the case of a person whose
freedom of movement has been
restricted, the decision of the tribunal concerning
the necessity or expediency of continuing the restriction shall be binding on
the authority by which it was
ordered.
Protection
from discrimination on grounds of race,
etc.
15.-(1)
Subject to the provisions of subsections (5), (6) and (9) of this section, no
law shall make any provision that is discriminatory
either of itself or in its
effect.
(2) Subject to the
provisions of subsections (7), (8) and (9) of this section, no person shall be
treated in a discriminatory manner
by any person acting by virtue of any written
law or performance of the function of any public office or any public
authority.
(3) Subject to the
provision of subsection (9) of this section, no person shall be treated in a
discriminatory manner in respect of
access to shops, hotels, lodging-houses,
public restaurants, eating-houses or places of public entertainment or in
respect of access
to places of public resort maintained wholly or partly out of
public funds or dedicated to the use of the general
public.
(4) In this section, the
expression "discriminatory" means affording different treatment to different
persons attributable wholly
or mainly to their respective descriptions by race,
place of origin, political opinions, colour, creed or sex whereby persons of
one
such description are subjected to disabilities or restrictions to which persons
of another such description are not made subject
or are accorded privileges or
advantages which are not accorded to persons of another such
description.
(5) Subsection (1) of
this section shall not apply to any law so far as that law makes
provision-
(a) for the imposition of taxation or the appropriation of revenue by the Government or the government of Honiara city, or any provincial government, or the Honiara city council or any provincial or any provincial assembly for local purposes;
1 of 1983, Sched.
(b) with respect to persons who are not citizens of Solomon Islands;
(c) for the application, in the case of persons of any such description as is mentioned in the preceding subsection (or of persons connected with such persons), of the law with respect to adoption, marriage, divorce, burial, devolution of property on death or other like matters that is the personal law applicable to persons of that description;
(d) for the application of customary law;
(e) with respect to land, the tenure of land, the resumption and acquisition of land and other like purposes;
(f) for the advancement of the more disadvantaged members of the community; or
(g) where persons of any such description as is mentioned in the preceding subsection may be subjected to any disability or restriction or may be accorded any privilege or advantage which, having regard to its nature and to special circumstances pertaining to those persons or to persons of any other such description, is reasonably justifiable in a democratic society.
(6)
Nothing contained in any law shall be held to be inconsistent with or in
contravention of subsection (1) of this section to the
extent that it makes
provision with respect to standards or qualifications (not being standards or
qualification specifically relating
to race, place of origin, political
opinions, colour, creed or sex) to be required of any person who is appointed to
any office in
the public service, any office in a disciplined force, any office
in the service of the government of Honiara city or any provincial
government or
any office in a body corporate established directly by any law for public
purposes, or who wishes to engage in any
trade or business.
1 of 1983, Sched.
(7) Subsection (2) of this
section shall not apply to anything which is expressly or by necessary
implication authorised to be done
by any such provision of law as is referred to
in subsection (5) or (6) of this
section.
(8) Subsection (2) of
this section shall not affect any discretion relating to the institution,
conduct or discontinuance of civil
or criminal proceedings in any court that is
vested in any person by or under this Constitution or any other
law.
(9) Nothing contained in or
done under the authority of any law shall be held to be inconsistent with or in
contravention of this
section to the extent that the law in question makes
provision whereby persons of any such description as is mentioned in subsection
(4) of this section may be subjected to any restriction on the rights and
freedoms guaranteed by section 9, 11, 12, 13 and 14 of
this Constitution, being
such a restriction as is authorised by section 9(2), 11(6), 12(2), 13(2) or
14(3), as the case may
be.
Provisions
for periods of public
emergency
16.-(1)
In this Chapter "period of public emergency" means any period during which
-
(a) Solomon Islands is at war; or
(b) there is in force a declaration made under the provisions of this section.
(2)
The Governor-General may at any time by proclamation declare that a state of
public emergency exists and as soon as practicable
shall publish such
proclamation in the Gazette.
(3) A
declaration made under subsection (2) of this section shall cease to have effect
on the expiration of a period of seven days
commencing with the day on which the
declaration is made unless before the expiration of that period it has been
approved by a resolution
of Parliament supported by the votes of at least
two-thirds of all the members
thereof:
Provided that, if a
declaration is made during any period when Parliament is not sitting, Parliament
shall be convened not later than
two weeks after the day on which the
declaration is made and the period of seven days referred to in this subsection
shall commence
on the day on which Parliament
convened.
(4) A declaration made
under subsection (2) of this section may at any time before it has been approved
by a resolution of Parliament
be revoked by the Governor-General by a
proclamation published in the
Gazette.
(5) A declaration made
under subsection (2) of this section and approved by a resolution of Parliament
under subsection (3) shall
continue in force until the expiration of a period of
four months commencing with the day on which the declaration is made or until
such earlier date as may be specified in the
resolution.
(6) Notwithstanding
the provisions of subsection (5) of this section, a declaration made under
subsection (2) and approved by a resolution
of Parliament under subsection (3)
may at any time be revoked by a resolution of Parliament supported by the votes
of a majority
of all the members
thereof.
(7) Nothing contained in
or done under the authority of any law shall be held to be inconsistent with or
in contravention of section
5, 6(2), 9, 11, 12, 13, 14, or 15 of this
Constitution to the extent that the law in question makes in relation to any
period of
public emergency provision, or authorises the doing during any such
period of any thing, that is reasonably justifiable in circumstances
of any
situation arising or existing during the period for the purpose of dealing with
that situation.
(8) Where a person
is detained by virtue of a law that authorises the taking during a period of
public emergency of measures that
are reasonably justifiable for the purpose of
dealing with the situation that exists in Solomon Islands during that period,
the following
provisions shall apply, that is to say -
(a) he shall, as soon as reasonable practicable, be furnished with a statement in writing, in a language that he understands, specifying in detail the grounds upon which he is detained;
(b) the announcement of his detention shall be made as soon as possible, and not more than fourteen days after the commencement of his detention a notification shall be publish in the Gazette stating that he has been detained and giving particulars of the provision of law under which his detention is authorised.
(c) not more than one month after the commencement of his detention and thereafter during his detention at intervals of not more than six months, his case shall be reviewed by an independent and impartial tribunal established by law consisting of a Chairman appointed by the Chief Justice and two other persons appointed by the Judicial and Legal Service Commission;
(d) he shall be afforded reasonable facilities to consult a legal representative of his own choice who shall be permitted to make representations to the tribunal; and
(e) at the hearing of his case by the tribunal he shall be permitted to appear in person or by a legal representative of his own choice.
(9)
On any review by a tribunal in pursuance of subsection (8) of this section of
the case of a detained person, the decision of the
tribunal concerning the
necessity or expediency of continuing his detention shall be binding on the
authority by which it was
ordered.
(10) Nothing contained in
paragraph (d)
or
(e)
of subsection (8) of this section shall be construed as entitling a person to
legal representation at public
expense.
Compensation
for contravention of rights and
freedoms
17.
Any person any of whose rights or freedoms under this Chapter has been
contravened shall be entitled to compensation for the contravention
thereof from
the person or authority which contravened
it.
Enforcement
of protective
provisions
18.-(1)
Subject to the provisions of subsection (6) of this section, if any person
alleges that any of the provisions of sections 3 to
16 (inclusive) of this
Constitution has been, is being or is likely to be contravened in relation to
him (or, in the case of a person
who is detained, if any other person alleges
such a contravention in relation to the detained person) then, without prejudice
to
any other action with respect to the same matter which is lawfully available,
that person (or that other person) may apply to the
High Court for
redress.
(2) The High Court shall
have original jurisdiction-
(a) to hear and determine any application made by any person in pursuance of the preceding subsection;
(b) to determine any question arising in the case of any person which is referred to it in pursuance of the next following subsection,
and
may make such orders, issue such writs and give such directions, including the
payment of compensation, as it may consider appropriate
for the purpose of
enforcing or securing the enforcement of any of the provisions of sections 3 to
16 (inclusive) of this
Constitution:
Provided that the
High Court may decline to exercise its powers under this subsection if it is
satisfied that adequate means of redress
for the contravention alleged are or
have been available to the person concerned under any other
law.
(3) If in any proceedings in
any subordinate court any question arises as to the contravention of any of the
provisions of sections
3 to 16 (inclusive) of this Constitution, the person
presiding in that court may, and shall if any party to the proceedings so
requests,
refer the question to the High Court unless, in his opinion, the
raising of the question is merely frivolous or
vexatious.
(4) Any person
aggrieved by any determination of the High Court under this section may appeal
therefrom to the Court of
Appeal:
Provided that no appeal
shall lie from a determination of the High Court under this section dismissing
an application on the ground
that it is frivolous or
vexatious.
(5) Parliament may
confer upon the High Court powers additional to those conferred by this section
for the purpose of enabling that
court more effectively to exercise the
jurisdiction conferred upon it by this
section.
(6) Rules of court making
provision with respect to the practise and procedure of the High Court in
relation to the jurisdiction conferred
on it by or under this section (including
rules with respect to the time within which any application or reference shall
or may be
made or brought) may be made by the person or authority for the time
being having power to make rules of court with respect to the
practice and
procedure of that court
generally.
Interpretation
and
savings
19.-(1)
In this Chapter, unless the context otherwise requires -
"contravention", in relation to any requirement, includes a failure to comply with that requirement, and cognate expressions shall be construed accordingly;
"court" means any court of law having jurisdiction in Solomon Islands, other than a court established by a disciplinary law, and includes in sections 4 and 6 of this Constitution a court established by a disciplinary law;
"disciplinary law" means a law regulating the discipline of any disciplined force;
"disciplined force" means -
(a) any naval, military or air force;
(b) the Solomon Islands Fire Service;
(c) the Prisons Service;
(d) the Marine Division;
(e) the Police Force;
(f) the Special Constabulary; or
(g) any other constabulary or police force established by Parliament;
"member", in relation to a disciplined force, includes any person who, under the law regulating the discipline of that force, is subject to that discipline.
(2)
Nothing contained in sections 12, 13, and 14 of this Constitution shall be
construed as precluding the inclusion in the terms
and conditions of service of
public officers of reasonable requirements as to their communication or
association with other persons
or as to their movements or
residence.
(3) In relation to any
person who is a member of a disciplined force of Solomon islands, nothing
contained in or done under the authority
of the disciplinary law of that force
shall be held to be inconsistent with or in contravention of any of the
provisions of this
Chapter other than sections 4, 6, 7, 8 and
15.
(4) In relation to any person
who is a member of a disciplined force that is not a disciplined force of
Solomon Islands and who is
present in Solomon Islands in pursuance of
arrangements made between the Government of Solomon Islands and another
Government or
an international organisation, nothing contained in or done under
the authority of the disciplinary law of that force shall be held
to be
inconsistent with or in contravention of any of the provisions of this
Chapter.
(5) No measure taken in
relation to a person who is a member of a disciplined force of a country with
which Solomon Islands is at
war and no law, to the extent that it authorises the
taking of any such measures, shall be held to be inconsistent with or in
contravention
of any of the provisions of this Chapter.
CHAPTER III
CITIZENSHIP
Persons
who become citizens on Independence Day
20.-(1) (a) Every person who is immediately before Independence Day an indigenous Solomon Islander shall become a citizen of Solomon Islands on Independence Day.
(b) Every person who was born in Solomon Islands before Independence Day and who has or had two grandparents who are or were members of a group, tribe or line indigenous to Papua New Guinea or the New Hebrides shall become a citizen of Solomon Islands on Independence Day.
(2)
Every person who before Independence Day has made, or been included in, an
application to the Government for citizenship of Solomon
Islands containing the
information specified in subsection (4) of this section and who at the time of
making such application possessed
any of the qualifications specified in
subsection (3) of this section shall become a citizen of Solomon Islands on
Independence Day.
(3) The
qualifications referred to in subsection (2) of this section and subsection (1)
of the next following section are that the
person concerned, not being an
indigenous Solomon Islander, is -
(a) a woman married to an indigenous Solomon Islander; or
(b) a citizen of the United Kingdom and Colonies or a British protected person who was born in Solomon Islands; or
(c) a citizen of the United Kingdom and Colonies or a British protected person having acquired such status under the British Nationality Acts 1948 to 1965(a) by virtue of his having been naturalised or registered under those Acts, or naturalised as a British subject before 1949, by the Governor of the former protectorate of the Solomon Islands; or
(a) 1948 c. 56; 1958 c. 10; 1964 c. 22; 1964 c. 54; 1965 c. 34.
(d) a citizen of the United Kingdom and Colonies or a British protected person whose father possesses, or at his death possessed, one of the qualifications specified in paragraph (b) or (c) or (d) of this subsection; or
(e) a woman who has been married to a person who possesses, or at his death possesses, one of the qualifications specified in paragraph (b), (c) or (d) of this section; or
(f) a citizen of the United Kingdom and Colonies or a British protected person who was deemed to belong to Solomon Islands because such person -
(i) has lawfully resided in Solomon Islands for any period of seven years during which he has not been absent therefrom for a period or periods amounting in all to more than eighteen months and since the completion of such period of residence has not been ordinarily resident continuously for a period of two years or more in any other territory within the Commonwealth in circumstances in which he has acquired or retained a right of residence in that territory; or
(ii) is the wife of a person to whom the foregoing subparagraph applies not living apart from such person under a decree of a court or a deed of separation; or
(iii) is the Child, step-child or child adopted in a manner recognised by law under the age of eighteen years of a person to whom either of the foregoing subparagraphs applies.
(4)
The information required to be contained in an application for the purposes of
this section and the next following section is
as follows -
(a) the name, date and place of birth (so far as is known) of the applicant, of any other person included in the application or of a minor on whose behalf the application is made, together with, where applicable, the date of naturalisation or registration;
(b) a statement by the applicant whether or not he is including in his application his wife and minor children, if any, and in the case of an application including a wife, a statement by her that she consents to her inclusion in the application;
(c) if the applicant is applying on grounds that his father was born, naturalised or registration in Solomon Islands, also the father's name, place and date of birth (so far as is known) and, if relevant, the date of the father's naturalisation or registration;
(d) if the application is made by or on behalf of a woman on grounds of marriage to a man who, or whose father, was born, naturalised or registered in Solomon Islands, also the name, place and date of birth (so far as is known) and, if relevant, the date of naturalisation or registration of the man and, if necessary, his father;
(e) a statement by the applicant that, if he is resident in Solomon Islands at the time of making application, he intends to continue such residence, or that, if he is not so resident at that time, he regards Solomon Islands as his home country;
(f) a declaration by the applicant of his allegiance to Solomon Islands and his respect for the culture, the language and the way of life of Solomon Islands; and
(g) a statement by the applicant that he intends to renounce any other nationality that he may hold at the time of making application.
(5)
The reference in paragraph
(c)
of subsection (3) of this section to the Governor of the former protectorate of
the Solomon Islands shall, in relation to any certificate
of naturalisation
granted or registration effected by some other officer in his capacity as the
officer for the time being administering
the Government of the former
protectorate of the Solomon Islands, be construed as a reference to that
officer.
(6) Every person who
becomes a citizen of Solomon Islands on Independence Day by virtue of subsection
(2) of this section shall receive
a certificate of his acquisition of such
citizenship as soon as practicable after Independence
Day.
Persons
entitled to be registered as citizens after Independence
Day
21.-(1)
Every person who immediately before the Independence Day possessed any of the
qualifications specified in subsection (3) of the
preceding section and who
within the prescribed period has made, or been included in, an application to
the Government for citizenship
of Solomon Islands continuing the information
specified in subsection (4) of the preceding section shall be registered as a
citizen
of Solomon Islands.
(2)
For the purpose of subsection (1) of this section, "the prescribed period" means
the period beginning on the Independence Day
and expiring two years
thereafter:
Provided that the
Minister responsible for citizenship matters may extend that period in respect
of such applications or classes of
application where the applicant was, by
reason of his absence from Solomon Islands or other reasonable cause, unaware of
his right
to apply, as he may think
fit.
Persons
born on or after Independence
Day
22.
Every person born on or after Independence Day, whether within or outside
Solomon Islands, shall become a citizen of Solomon Islands
at the date of his
birth if at that date either of his parents is, or would but for his death have
been, a citizen of Solomon
Islands.
Avoidance
of dual
nationality
23.-(1)
Subject to the provisions of subsection (2) of this section, any citizen of
Solomon Islands who is a national of some other country
shall cease to be a
citizen of Solomon Islands at the expiry of two years after the date on which he
acquired citizenship of Solomon
Islands or attained the age of eighteen years,
whichever is the later, or such longer period as may be prescribed by
Parliament,
unless before the expiry of that period he has renounced or lost the
nationality of that other country or, if the law of that other
country does not
permit him to renounce that nationality, made such declaration as may be
prescribed.
(2) Any person who,
being aged eighteen years or more, acquired citizenship of Solomon Islands by
virtue of section 20(2) or 21 of
this Constitution and who is a national of some
other country shall cease to be a citizen of Solomon Islands at the expiry of
six
months after the date on which he acquired citizenship of Solomon Islands or
such longer period as may be prescribed by Parliament,
unless before the expiry
of that period he has renounced or lost the nationality of that other country
or, if the law of that other
country does not permit him to renounce that
nationality, made such declaration as may be
prescribed.
Commonwealth
citizens
24.