Law Revision (Miscellaneous Amendments) Act 2009

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LAW REVISION (MISCELLANEOUS AMENDMENTS) ACT 2009

Arrangement of sections

1. Short Title

2. Guardianship Act

3. Evidence Act illustrations

4. Maintenance of Illegitimate Children

5. Probate Act

6. Punishment for theft

7. Tonga Trust Fund Act

8. Interpretation Act amended - Tongan language version of laws

9. Publication of subsidiary legislation

10. Interpretation Act amended — definition of Gazette

11. Civil service regulations, etc. repealed

i

(a) the court may give the provision its correct meaning and act
accordingly if it considers that there has been a simple clerical
error or error in translation; or

(b) the court shall treat the Tongan language version of that provision
as giving the true meaning of the law if it considers that the
difference in meaning goes beyond a simple clerical error or error
in translation.”.

9. Publication of subsidiary legislation

Section 10 of the Interpretation Act is amended by inserting the following
after subparagraph (e) —

“Provided that it shall be sufficient compliance with this requirement if a
Gazette contains a note that rules, regulations or other subsidiary legislation
is published with the Gazette and is available for purchase or perusal at a
place specified in the note.”.

10. Interpretation Act amended — definition of Gazette
The definition of “Gazette” in section 2 of the Interpretation Act is repealed
and replaced with —

“ “Gazette” means the Tonga Government Gazette published by order of
the Government, including a supplement thereto, a Legal Gazette and an
Extraordinary Gazette so published, either in printed form or on an official
government internet site;”.

11. Civil service regulations, etc. repealed

The following regulations are repealed —

(a) Civil Service Regulations 1922;

(b) Leave and Leave Passage Regulations 1963;

(c) Public Service Entry Requirements Regulations 1964.

Passed by the Legislative Assembly this 29th day of October, 2009.

The Law Revision (Miscellaneous Amendments) Act 7 of 2009 3

I assent,

PRINCESS SALOTE PILOLEVU TUITA,

18th May, 2010

HRH PRINCESS SALOTE PILOLEVU TUITA

13th August, 2009.

Tonga. No. 7 of 2009.

AN ACT
TO MAKE VARIOUS MINOR AMENDMENTS TO DIVERSE ACTS

FOR THE PURPOSES OF LAW REVISION

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

1. Short Title

This Act may be cited as the Law Revision (Miscellaneous Amendments)
Act 2009.

2. Guardianship Act

The Guardianship Act is amended by —

(a) inserting the following section —
“10A Order for name change

(1) The Court may, at any stage of proceedings under this Act, make
an order that the name of a child be changed to such name as may
be agreed by the father and mother.

(2) In making an order under subsection (1), the Court —

(a) shall take into account the views of any other guardian or
custodian;

(b) may dispense with the agreement of the father or mother if
either or both cannot be found or, in the opinion of the Court,
agreement is unreasonably withheld;

(c) shall be satisfied that the child is a Tongan subject by birth
or naturalisation.”;

(b) in section 15(1), inserting the following after “access to a child,” —
“the change of the name of the child,”.

2 The Law Revision (Miscellaneous Amendments) Act 7 of 2009

3. Evidence Act illustrations

The Illustrations included in the Evidence Act are repealed.

4. Maintenance of Illegitimate Children

Section 7(1) of the Maintenance of Illegitimate Children Act is amended by
repealing the words “over the sum of $500” and replacing them with “the
sum exceeds the civil jurisdiction of the Magistrate’s Court”.

5. Probate Act

Section 14 of the Probate Act is repealed and replaced with the following —

“14 Estate not exceeding $5,000 in value

Where it appears to the Court that the value of the property of a
deceased person does not exceed $5,000 the Court may without any
probate or letters of administration or other formal proceedings pay
from the estate any debts or charges due by the deceased and pay the
surplus (if any) to such person as may be entitled”.

6. Punishment for theft

Section 145 of the Criminal Offences Act is repealed and replaced with the
following —

“145 Punishment for theft

Every person who commits theft is liable—

(a) if the value of the thing stolen does not exceed $10,000, to
imprisonment for any period not exceeding 3 years;

(b) if the value of the thing stolen exceeds $10,000, to imprisonment
for any period not exceeding 7 years.”.

7. Tonga Trust Fund Act

Section 6(2) of the Tonga Trust Fund Act is repealed and replaced with the
following —

“(2) The term “trustee securities” means securities in which a trustee in the
United Kingdom of Great Britain may lawfully invest, or other securities
in which investments may be made with the approval of the Privy
Council.”.

8. Interpretation Act amended - Tongan language version of laws
Section 21 of the Interpretation Act is repealed and replaced with the
following —

“21 Tongan language version of a law takes precedence

Where it appears to a court that the Tongan language version of a provision
in an Act differs in meaning from the English language version of that same
provision —

I assent,

PRINCESS SALOTE PILOLEVU TUITA,

18th May, 2010

HRH PRINCESS SALOTE PILOLEVU TUITA

13th August, 2009.

Tonga. No. 7 of 2009.

AN ACT
TO MAKE VARIOUS MINOR AMENDMENTS TO DIVERSE ACTS

FOR THE PURPOSES OF LAW REVISION

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

1. Short Title

This Act may be cited as the Law Revision (Miscellaneous Amendments)
Act 2009.

2. Guardianship Act

The Guardianship Act is amended by —

(a) inserting the following section —
“10A Order for name change

(1) The Court may, at any stage of proceedings under this Act, make
an order that the name of a child be changed to such name as may
be agreed by the father and mother.

(2) In making an order under subsection (1), the Court —

(a) shall take into account the views of any other guardian or
custodian;

(b) may dispense with the agreement of the father or mother if
either or both cannot be found or, in the opinion of the Court,
agreement is unreasonably withheld;

(c) shall be satisfied that the child is a Tongan subject by birth
or naturalisation.”;

(b) in section 15(1), inserting the following after “access to a child,” —
“the change of the name of the child,”.

2 The Law Revision (Miscellaneous Amendments) Act 7 of 2009

3. Evidence Act illustrations

The Illustrations included in the Evidence Act are repealed.

4. Maintenance of Illegitimate Children

Section 7(1) of the Maintenance of Illegitimate Children Act is amended by
repealing the words “over the sum of $500” and replacing them with “the
sum exceeds the civil jurisdiction of the Magistrate’s Court”.

5. Probate Act

Section 14 of the Probate Act is repealed and replaced with the following —

“14 Estate not exceeding $5,000 in value

Where it appears to the Court that the value of the property of a
deceased person does not exceed $5,000 the Court may without any
probate or letters of administration or other formal proceedings pay
from the estate any debts or charges due by the deceased and pay the
surplus (if any) to such person as may be entitled”.

6. Punishment for theft

Section 145 of the Criminal Offences Act is repealed and replaced with the
following —

“145 Punishment for theft

Every person who commits theft is liable—

(a) if the value of the thing stolen does not exceed $10,000, to
imprisonment for any period not exceeding 3 years;

(b) if the value of the thing stolen exceeds $10,000, to imprisonment
for any period not exceeding 7 years.”.

7. Tonga Trust Fund Act

Section 6(2) of the Tonga Trust Fund Act is repealed and replaced with the
following —

“(2) The term “trustee securities” means securities in which a trustee in the
United Kingdom of Great Britain may lawfully invest, or other securities
in which investments may be made with the approval of the Privy
Council.”.

8. Interpretation Act amended - Tongan language version of laws
Section 21 of the Interpretation Act is repealed and replaced with the
following —

“21 Tongan language version of a law takes precedence

Where it appears to a court that the Tongan language version of a provision
in an Act differs in meaning from the English language version of that same
provision —

LAW REVISION (MISCELLANEOUS AMENDMENTS) ACT 2009

Arrangement of sections

1. Short Title

2. Guardianship Act

3. Evidence Act illustrations

4. Maintenance of Illegitimate Children

5. Probate Act

6. Punishment for theft

7. Tonga Trust Fund Act

8. Interpretation Act amended - Tongan language version of laws

9. Publication of subsidiary legislation

10. Interpretation Act amended — definition of Gazette

11. Civil service regulations, etc. repealed

i

(a) the court may give the provision its correct meaning and act
accordingly if it considers that there has been a simple clerical
error or error in translation; or

(b) the court shall treat the Tongan language version of that provision
as giving the true meaning of the law if it considers that the
difference in meaning goes beyond a simple clerical error or error
in translation.”.

9. Publication of subsidiary legislation

Section 10 of the Interpretation Act is amended by inserting the following
after subparagraph (e) —

“Provided that it shall be sufficient compliance with this requirement if a
Gazette contains a note that rules, regulations or other subsidiary legislation
is published with the Gazette and is available for purchase or perusal at a
place specified in the note.”.

10. Interpretation Act amended — definition of Gazette
The definition of “Gazette” in section 2 of the Interpretation Act is repealed
and replaced with —

“ “Gazette” means the Tonga Government Gazette published by order of
the Government, including a supplement thereto, a Legal Gazette and an
Extraordinary Gazette so published, either in printed form or on an official
government internet site;”.

11. Civil service regulations, etc. repealed

The following regulations are repealed —

(a) Civil Service Regulations 1922;

(b) Leave and Leave Passage Regulations 1963;

(c) Public Service Entry Requirements Regulations 1964.

Passed by the Legislative Assembly this 29th day of October, 2009.

The Law Revision (Miscellaneous Amendments) Act 7 of 2009 3

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