Act of Constitution of Tonga (Amendment) (No. 3) Act 2010

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ActofConstitutionofTonga(Amendment)(No3)Act2010Gazetting


Act No. 39 of 2010




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ACT OF CONSTITUTION OF TONGA
(AMENDMENT) (NO. 3) ACT 2010





Act of Constitution of Tonga (Amendment) (No. 3)
Act 2010 Arrangement of Sections





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Act No. 39 of 2010 Page 3




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ACT OF CONSTITUTION OF TONGA (AMENDMENT)
(NO. 3) ACT 2010

Arrangement of Sections
Section

1 Short title, interpretation .............................................................................. 5
2 Amendment of certain references to Chief Justice ........ ...................................... 5
3 Clause 31A amended – Attorney General ..................................................... 6
4 Clause 83A inserted – Rule of Law and Judicial Independence ............................ 6
5 Clause 83B inserted – Lord Chancellor ......................................................... 6
6 Clause 83C inserted – Judicial Appointments and Discipl ne Panel ..................... 7
7 Clause 84 repealed – The Courts .............................................................. 7
8 Clause 85 amended – Court of Appeal .................................................................. 8
9 Clause 86 amended – Supreme Court ........................................................... 8
10 Clause 86A inserted – Land Court .............................................................. 8
11 Clause 88 amended – Acting Judge ............................................................. 9





Act of Constitution of Tonga (Amendment) (No. 3) Act
2010 Section 1





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Act No. 39 of 2010 Page 5




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ACT OF CONSTITUTION OF TONGA (AMENDMENT)
(NO. 3) ACT 2010

Act No. 39 of 2010

AN ACT TO MAKE VARIOUS FURTHER AMENDMENTS TO REVISE
THE CONSTITUTION AS AMENDED BY TWO PREVIOUS ACTS IN 2010

I assent,
GEORGE TUPOU V,
24th September 2010.


BE IT ENACTED by the King and the Legislative Assembly of Tonga in the Legislature
of the Kingdom as follows:
_________________________________________________________________

1 Short title, interpretation

(1) This Act may be cited as the Act of Constitution of Tonga (Amendment) (No.
3) Act 2010.

(2) In this Act, the Act of Constitution of Tonga, s amended, is referred to as
“the Constitution”.

2 Amendment of certain references to Chief Justice

(1) The Tongan language version of the Constitution is amended by repealing the
expression “Tu’i Fakamaau Lahi” wherever it occurs and replacing it with
“‘Eiki Fakamaau Lahi”.

(2) The English language version of the Constitution is amended by repealing the
expression “Chief Justice” wherever it occurs and replacing it with “Lord
Chief Justice”.

Section 4
Act of Constitution of Tonga (Amendment) (No. 3) Act

2010





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3 Clause 31A amended – Attorney General

Section 31A of the Constitution is amended by –

After the words “The King in Privy Council” in sub-clauses (1) and (4), inserting “,
after receiving advice from the Judicial Appointments and Discipline Panel,”.

4 Clause 83A inserted – Rule of Law and Judicial In dependence

The Constitution is amended by inserting the following clause –



“83A Rule of law and Judicial Independence

The existing underlying constitutional principles of the Rule of Law and
Judicial Independence shall always be maintained.”.

5 Clause 83B inserted – Lord Chancellor

The Constitution is amended by inserting the following clause –

“83B The Lord Chancellor

(1) The King in Privy Council, after receiving advice from the
Judicial Appointments and Discipline Panel, shall appoint a Lord
Chancellor who shall have primary responsibility for –

(a) the administration of the courts;

(b) all matters related to the Judiciary and its independence;

(c) the maintenance of the rule of law; and

(d) such related matters as are specified in this Constitution or
any other Act.

(2) The Lord Chancellor shall, unless otherwise provided by law,
have complete discretion to exercise his functions, powers and
duties, independently without any interference whatsoever from
any person or authority.

(3) The Lord Chancellor may, with the consent of the King in Privy
Council, make regulations for the following purposes –

(a) to establish an age at which the Attorney General, a Judge,
a Magistrate and the Lord Chancellor shall retire from
office;

(b) to regulate a judicial pension scheme;

(c) to provide for administrative arrangements for and related
to the Office of the Lord Chancellor.

Act of Constitution of Tonga (Amendment) (No. 3) Act
2010 Section 7





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Act No. 39 of 2010 Page 7




(4) The Lord Chancellor shall be a person who is qualified to be a
Judge of the Supreme Court and he shall, subject to any
contractual arrangements, hold office during good behaviour.

(5) The King in Privy Council, after receiving advice from the
Judicial Appointments and Discipline Panel, shall determine the
terms of appointment of the Lord Chancellor, and shall ave the
power to dismiss him.”.

6 Clause 83C inserted – Judicial Appointments and D iscipline Panel

The Constitution is amended by inserting the following clause –

“83C Judicial Appointments and Discipline Panel

(1) There is hereby established, as a Committee of the Privy Council,
a Judicial Appointments and Discipline Panel comprising –

(a) the Lord Chancellor, who shall be the Chairman;

(b) the Lord Chief Justice;

(c) the Attorney General; and

(d) the Law Lords, being such persons versed in the law as the
King from time to time shall so appoint.

(2) The Judicial Appointments and Discipline Panel shall
recommend to the King in Privy Council –

(a) the appointment of eminently qualified persons to the
Judiciary, and as Lord Chancellor and to any other office
that the King requires;

(b) the disciplining of members of the Judiciary;

(c) the dismissal of members of the Judiciary for bad
behaviour through gross misconduct or repeated breaches
of the Code of Judicial Conduct;

(d) the remuneration and terms of service of members of the
Judiciary;

(e) a Judicial Pensions Scheme;

(f) a Code of Judicial Conduct; and

(g) the appointment of assessors to the Panel of Land Court
Assessors.

7 Clause 84 repealed – The Courts

Clause 84 of the Constitution is repealed and replac d with –



Section 8
Act of Constitution of Tonga (Amendment) (No. 3) Act

2010





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“84 The Courts

(1) The judicial power of the Kingdom shall be vested in the
superior courts of the Kingdom (namely the Court of Appeal, the
Supreme Court, and the Land Court) and a subordinate court
namely the Magistrate's Court.

(2) The Judiciary of the Kingdom shall comprise –

(a) the Lord President of the Court of Appeal and Ju ges of
the Court of Appeal;

(b) the Lord Chief Justice, who shall be the professional Head
of the Judiciary, and Judges of the Supreme Court;

(c) the Lord President of the Land Court and Judges of the
Land Court; and

(d) the Chief Magistrate and the Magistrates.”.

8 Clause 85 amended – Court of Appeal

Clause 85 of the Constitution is amended by –

(a) repealing “Chief Justice of Tonga” and replacing t with “Lord President of
the Court of Appeal”; and

(b) (i) in sub-clause 1, after the words “the King with the consent of Privy
Council”, inserting “after receiving advice from the Judicial
Appointments and Discipline Panel,”.

(ii) in sub-clause 2, after the words “the King in Privy Council”, inserting
“, after receiving advice from the Judicial Appointments and Discipline
Panel,”.

9 Clause 86 amended – Supreme Court

Clause 86 of the Constitution is amended by –

(a) in sub-clause (1) after the words “Lord Chief Justice”, inserting the words
“, who shall be the professional Head of the Judiciary,”; and

(b) after the words “The King in Privy Council” in sub-clauses (1) and (2),
inserting “, after receiving advice from the Judicial Appointments and
Discipline Panel,”.

10 Clause 86A inserted – Land Court

The Constitution is amended by inserting the following clause –




Act of Constitution of Tonga (Amendment) (No. 3) Act
2010 Section 11





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Act No. 39 of 2010 Page 9




“86A The Land Court

(1) The Land Court shall consist of a Lord President a d other
Judges, assisted by assessors, as may be appointed from time to
time by the King with the consent of Privy Council, after
receiving advice from the Judicial Appointments and Discipline
Panel.

(2) The King in Privy Council, after receiving advice from the
Judicial Appointments and Discipline Panel, shall determine the
terms of appointment of the Lord President and Judges of the
Land Court and may dismiss them.”.

11 Clause 88 amended – Acting Judge

(1) Clause 88(1) of the Constitution is amended by, after “King in Privy Council”
inserting “, after receiving advice from the Judicial Appointments and
Discipline Panel,”.

(2) Clause 88(2) of the Constitution is amended by repealing “Cabinet” and
replacing it with “the King in Privy Council, after receiving advice from the
Judicial Appointments and Discipline Panel”.






Passed in the Legislative Assembly this 20th day of September 2010.

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