Act of Constitution of Tonga
1988 Revised Edition
C
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ACT OF CONSTITUTION OF TONGA
Act of Constitution of Tonga CAP. 2 Arrangement of Clauses
1988 Revised Edition
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Page 3
C
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ACT OF CONSTITUTION OF TONGA
Arrangement of Clauses
Clause
PART I - DECLARATION OF RIGHTS 7
1 Declaration of freedom ....................................................................................7
2 Slavery prohibited............................................................................................8
3 Conditions under which foreign labourers may be introduced ........................8
4 Same law for all classes ...................................................................................8
5 Freedom of Worship ........................................................................................8
6 Sabbath Day to be kept holy ............................................................................8
7 Freedom of the press........................................................................................9
8 Freedom of petition..........................................................................................9
9 Habeas Corpus .................................................................................................9
10 Accused must be tried......................................................................................9
11 Procedure on indictment ..................................................................................9
12 Accused cannot be tried twice .......................................................................10
13 Charge cannot be altered................................................................................10
14 Trial to be fair ................................................................................................10
15 Court to be unbiased ......................................................................................10
16 Premises cannot be searched without warrant ...............................................11
17 Government to be impartial ...........................................................................11
18 Taxation - Compensation to be paid for property taken ................................11
19 Expenditure to be voted .................................................................................11
20 Retrospective laws .........................................................................................12
21 Army subject to civil law...............................................................................12
22 Guards and Militia .........................................................................................12
23 Disabilities of convict ....................................................................................12
Arrangement of Clauses CAP. 2 Act of Constitution of Tonga
1988 Revised Edition Page 4
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24 Public officer not to engage in trade ..............................................................13
25 Repealed (Act 28 of I 978.).............................................................................13
26 Repealed (Act 28 of 1978.) .............................................................................13
27 Age of maturity ..............................................................................................13
28 Qualifications for jurors .................................................................................13
29 Naturalization .................................................................................................13
PART II - FORM OF GOVERNMENT 14
30 Government....................................................................................................14
31 Form of Government ......................................................................................14
32 Succession to the Throne................................................................................14
33 Heir Apparent may not choose consort ..........................................................15
34 Coronation oath ..............................................................................................15
35 Idiot not to succeed ........................................................................................15
36 King commands forces...................................................................................16
37 King may pardon convicts..............................................................................16
38 King’s relations with Parliament....................................................................16
39 Treaties ...........................................................................................................16
40 Foreign ministers............................................................................................16
41 King's powers – Signature to Acts .................................................................17
42 Prince Regent .................................................................................................17
43 Prince Regent, how appointed........................................................................17
44 King may confer titles ....................................................................................17
45 Coinage ..........................................................................................................17
46 Martial law .....................................................................................................17
47 National flag...................................................................................................18
48 Royal property................................................................................................18
49 King exempt from action................................................................................18
PRIVY COUNCIL..............................................................................................18
50 Constitution and powers of Privy Council .....................................................18
CABINET..........................................................................................................19
51 Constitution and powers of Cabinet ...............................................................19
52 Duties of ministers .........................................................................................19
53 Treasurer to report to Parliament....................................................................19
54 Governors – how appointed ...........................................................................19
55 Powers of Governors......................................................................................20
THE LEGISLATIVE ASSEMBLY......................................................................20
56 Power of Legislative Assembly......................................................................20
57 Title. ...............................................................................................................20
58 Sessions ..........................................................................................................20
59 Composition ...................................................................................................20
60 Representative members ................................................................................20
Act of Constitution of Tonga CAP. 2 Arrangement of Clauses
1988 Revised Edition
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Page 5
61 Speaker...........................................................................................................21
62 Rules of procedure .........................................................................................21
63 Qualification of nobles...................................................................................21
64 Qualification of electors.................................................................................21
65 Qualification of representatives .....................................................................21
66 Threats and bribery ........................................................................................22
67 Privilege of nobles .........................................................................................22
68 King's veto precludes discussion ...................................................................22
69 Quorum ..........................................................................................................22
70 Contempt of Assembly punishable ................................................................22
71 Noble may be deprived of his seat .................................................................23
72 Journal............................................................................................................23
73 Immunity from arrest .....................................................................................23
74 Resignation ....................................................................................................23
75 Impeachment..................................................................................................23
76 Bye-elections .................................................................................................24
77 General elections............................................................................................24
78 Assembly to assess taxation...........................................................................24
79 Amendments to Constitution .........................................................................24
80 Enacting formula............................................................................................25
81 Laws to cover but one subject........................................................................25
82 Chief Justice may suspend laws.....................................................................25
83 Oaths of Councillors and Representatives .....................................................25
THE JUDICIARY ..............................................................................................26
84 The Courts......................................................................................................26
85 The Court of Appeal ......................................................................................26
86 The Supreme Court ........................................................................................26
87 Judges to hold office during good behaviour.................................................27
88 Acting Judge ..................................................................................................27
89 Powers............................................................................................................27
90 Jurisdiction of Supreme Court .......................................................................27
91 Appeals from Supreme Court ........................................................................28
92 Jurisdiction of Court of Appeal......................................................................28
93 Legal opinions................................................................................................28
94 Judge may not hear appeal from own decision ..............................................28
95 Oath of Judge .................................................................................................28
96 Court fees.......................................................................................................29
97 Judge not to receive fine ................................................................................29
98 Jurors..............................................................................................................29
99 Trial by jury ...................................................................................................29
100 Form of verdict ..............................................................................................29
101 Judge to direct jury ........................................................................................30
102 Chief Justice to report upon criminal statistics ..............................................30
103 Powers of Magistrates....................................................................................30
Arrangement of Clauses CAP. 2 Act of Constitution of Tonga
1988 Revised Edition Page 6
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PART III - THE LAND 30
104 Land vested in crown – Sale prohibited .........................................................30
105 Terms of leases...............................................................................................30
106 Form of deed ..................................................................................................31
107 Existing leases respected ................................................................................31
108 Church lands not to be sub-let without permission ........................................31
109 Beach frontage................................................................................................31
110 Registration of deeds......................................................................................31
111 Law of succession ..........................................................................................31
112 Estate without heirs to revert to the crown.....................................................32
113 Right to allotments .........................................................................................32
114 No lease etc. without consent .........................................................................33
115 Citation...........................................................................................................33
Act of Constitution of Tonga CAP. 2 Clause 1
1988 Revised Edition
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Page 7
C
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CONSTITUTION OF TONGA
THE CONSTITUTION OF TONGA
Granted by His Majesty King George Tupou I on the fourth day of November One
thousand eight hundred and seventy-five and amended in accordance with the law on
divers dates* in and between the year One thousand eight hundred and eighty and the
year One thousand nine hundred and eighty-eight and revised in accordance with the
Laws Consolidation Act on the thirty-first day of December, 1988.
*The 1966 Act to amend the Constitution had not, as at 31 December 1988, been
brought into operation but the amendments made by it are included in this Revised
Edition. Each section affected is noted to this effect. The amendments relate to the
Court of Appeal. The Act not yet in force is the Constitution (Court of Appeal
Amendment) Act, 1966; Act 13 of 1966.)
PART I - DECLARATION OF RIGHTS
1 Declaration of freedom
Since it appears to be the will of God that man should be free as He has made all
men of one blood therefore shall the people of Tonga and all who sojourn or
may sojourn in this Kingdom be free for ever. And all men may use their lives
and persons and time to acquire and possess property and to dispose of their
labour and the fruit of their hands and to use their own property as they will.
Clause 2 CAP. 2 Act of Constitution of Tonga
1988 Revised Edition Page 8
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2 Slavery prohibited
No person shall serve another against his will except he be undergoing
punishment by law and any slave who may escape from a foreign country to
Tonga (unless he be escaping from justice being guilty of homicide or larceny or
any great crime or involved in debt) shall be free from the moment he sets foot
on Tongan soil for no person shall be in servitude under the protection of the
flag of Tonga.
3 Conditions under which foreign labourers may be introduced
Whoever may wish to bring persons from other islands to work for him may
make an agreement with them for the number of years they will work for him
and a copy of the written agreement he makes with them shall be deposited in
the Public Offices stating the amount of payment they shall receive the period
they shall work and a promise to take them back to their own land. And the
Government shall cause such contract to be carried out both on behalf of those
who engage and those who are engaged. And such persons being so introduced
shall be subject to the laws of the land and shall pay the same Customs duties as
all the people in the Kingdom and taxes as shall be ordained by the King and his
Cabinet. (Law 35 of 1912, Act 10 of 1918, Amended by Act 3 of 1976.)
4 Same law for all classes
There shall be but one law in Tonga for chiefs and commoners for non-Tongans
and Tongans. No laws shall be enacted for one class and not for another class
but the law shall be the same for all the people of this land. (Amended by Act 3 of
1976. )
5 Freedom of Worship
All men are free to practise their religion and to worship God as they may deem
fit in accordance with the dictates of their own worship consciences and to
assemble for religious service in such places as they may appoint. But it shall not
be lawful to use this freedom to commit evil and licentious acts or under the
name of worship to do what is contrary to the law and peace of the land.
6 Sabbath Day to be kept holy
The Sabbath Day shall be kept holy in Tonga and no person shall practise his
trade or profession or conduct any commercial undertaking on the Sabbath Day
except according to law; and any agreement made or witnessed on that day shall
be null and void and of no legal effect. (Substituted by Act 3 of 1971.)
Act of Constitution of Tonga CAP. 2 Clause 7
1988 Revised Edition
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Page 9
7 Freedom of the press
It shall be lawful for all people to speak write and print their opinions and no law
shall ever be enacted to restrict this liberty. There shall be freedom of speech and
of the press for ever but nothing in this clause shall be held to outweigh the law
of slander or the laws for the protection of the King and the Royal Family.
8 Freedom of petition
All people shall be free to send letters or petitions to the King or Legislative
Assembly and to meet and consult concerning matters about which they think it
right to petition the King or Legislative Assembly to pass or repeal enactments
provided that they meet peaceably without arms and without disorder.
9 Habeas Corpus
The law of the writ of Habeas Corpus shall apply to all people and it shall never
be suspended excepting in the case of war or rebellion in the land when it shall
be lawful for the King to suspend it.
10 Accused must be tried
No one shall be punished because of any offence he may have committed until
he has been sentenced according to law before a Court having jurisdiction in the
case. (Amended by Act 8 of 1972.)
11 Procedure on indictment
No one shall be tried or summoned to appear before any court or punished for
failing to appear unless he have first received a written indictment (except in
cases of impeachment or for small offences within the jurisdiction of the
magistrate or for contempt of court while the court is sitting). Such written
indictment shall clearly state the offence charged against him and the grounds
for the charge. And at his trial the witnesses against him shall be brought face to
face with him (except according to law) and he shall hear their evidence and
shall be allowed to question them and to bring forward any witness of his own
and to make his own statement regarding the charge preferred against him. But
whoever shall be indicted for any offence if he shall so elect shall be tried by
jury and this law shall never be repealed. And all claims for large amounts shall
be decided by a jury and the Legislative Assembly shall determine what shall be
the amount of claim that may be decided without a jury. (Act 25 of 1942;
Amended by Act 13 of 1982.)
Clause 12 CAP. 2 Act of Constitution of Tonga
1988 Revised Edition Page 10
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12 Accused cannot be tried twice
No one shall be tried again for any offence for which he has already been tried
whether he was acquitted or convicted except in cases where the accused shall
confess after having been acquitted by the court and when there is sufficient
evidence to prove the truth of his confession.
13 Charge cannot be altered
No one shall be tried on any charge but that which appears in the indictment,
summons or warrant and for which he was brought to trial:
Save and except that—
(a) where the complete commission of the offence charged is not
proved but the evidence establishes an attempt to commit that
offence the accused may be convicted of this attempt and punished
accordingly; and
(b) where an attempt to commit an offence is charged but the evidence
establishes the commission of the full offence the accused may be
convicted of the attempt; and
(c) on the trial of any person for embezzlement the jury shall be at
liberty to find such person not guilty of embezzlement but guilty of
larceny and on the trial of any person for larceny the jury shall be at
liberty to find such person guilty of embezzlement. (Act 10 of 1918,
Amended by Act 18 of 1981.)
14 Trial to be fair
No one shall be intimidated into giving evidence against himself nor shall the
life or property or liberty of anyone be taken away except according to law.
15 Court to be unbiased
It shall not be lawful for any judge or magistrate to adjudicate or for any
juryman to sit in any case in which one of his relations is concerned either as a
plaintiff defendant or witness: Nor shall any judge or magistrate sit in any case
which concerns himself: Nor shall any judge or magistrate or juryman on any
pretence receive any present or money or anything else from anyone who is
about to be tried nor from any of the defendant's friends but all judges
magistrates and jurymen shall be entirely free and shall in no case whatever be
interested or biased on the discharge of their duties.
Act of Constitution of Tonga CAP. 2 Clause 16
1988 Revised Edition
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Page 11
16 Premises cannot be searched without warrant
It shall not be lawful for anyone to enter forcibly the houses or premises of
another or to search for anything or to take anything the property of another
except according to law: And should any person lose any property and believe it
to be concealed in any place whether house or premises it shall be lawful for him
to make an affidavit before a magistrate that he believes it to be concealed in that
place and he shall describe particularly the property so concealed and the place
in which he believes it to be concealed and the magistrate shall issue a search
warrant to the police to search for the property according to the affidavit so
made. (Amended by Act 7 of 1967.)
17 Government to be impartial
The King shall govern on behalf of all his people and not so as to enrich or
benefit any one man or any one family or any one class but without partiality for
the good of all the people of his Kingdom.
18 Taxation - Compensation to be paid for property taken
All the people have the right to expect that the Government will protect their life
liberty and property and therefore it is right for all the people to support and
contribute to the Government according to law. And if at any time there should
be a war in the land and the Government should take the property of anyone the
Government shall pay the fair value of such property to the owner. And if the
Legislature shall resolve to take from any person or persons their premises or a
part of their premises or their houses for the purpose of making Government
roads or other work of benefit to the Government the Government shall pay the
fair value. (Act 19 of 1927.)
19 Expenditure to be voted
(a) No money shall be paid out of the Treasury nor borrowed nor debts
contracted by the Government but by the prior vote of the
Legislative Assembly, except in the following cases:
(i) Where an Act duly passed by the Legislative Assembly gives
power to pay out money or borrow or contract debts, then
money may be paid out, or borrowing carried out or debts
contracted in terms of that Act; and
(ii) In cases of war or rebellion or dangerous epidemic or a
similar emergency, then it may be done by the Treasurer with
the consent of Cabinet, and the King shall at once convoke
the Legislative Assembly and the Treasurer shall state the
grounds for the expenditure and the amount.
Clause 20 CAP. 2 Act of Constitution of Tonga
1988 Revised Edition Page 12
to
(b) The Treasurer, with the approval of Privy Council, shall have
power to increase or decrease the taxes and/or customs duties and
shall have power to levy new taxes and/or customs duties, and all
such increases or decreases or new taxes or customs duties shall be
published in the Gazette and shall be placed before the next session
of the Legislative Assembly and shall have full force and shall
remain effective from the date of publication in the Gazette until
rescinded by the Legislative Assembly or by the Treasurer with the
approval of Privy Council.
(Substituted by Act 14 of 1972.)
20 Retrospective laws
It shall not be lawful to enact any retrospective laws in so far as they may curtail
or take away or affect rights or privileges existing at the time of the passing of
such laws. (Act 35 of 1912.)
21 Army subject to civil law
Every soldier shall be subject to the laws of the land whether he belong to the
Guards, the Artillery or to the Militia in accordance with the twenty-second
clause and any soldier who breaks the law of the land shall be tried in the courts
as any other person. And it shall not be lawful for any officer to quarter any
soldier upon the premises of anyone except in time of war and then only as may
be resolved by the Legislative Assembly.
22 Guards and Militia
The Royal Guards shall have the right to vote for representatives to the
Legislative Assembly although they are exempt from taxes in accordance with
the provisions of this Constitution. It shall be lawful for the King to command
any taxpayer to join the militia for the purpose of instruction or for parade on
public occasions should he think fit and also in time of war to call out all those
capable of bearing arms and to make orders and regulations for their control and
provisioning.
23 Disabilities of convict
No person having been convicted of a criminal offence punishable by
imprisonment for more than two years, shall hold any office under the
Government whether of emolument or honour nor shall he be qualified to vote
for nor to be elected a representative of the Legislative Assembly unless he has
received from the King a pardon together with a declaration that he is freed from
Act of Constitution of Tonga CAP. 2 Clause 24
1988 Revised Edition
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Page 13
the disabilities to which he would otherwise be subject under the provisions of
this clause. (Act 8 of 1961.)
24 Public officer not to engage in trade
It shall not be lawful for anyone holding any office under the Government
whether of emolument or otherwise to hold any appointment under or receive an
emolument from another Government without first obtaining permission from
the King. And it shall not be lawful for anyone holding an office of emolument
under the Government to engage in trade or work for anyone else, except with
the prior consent of Cabinet. (Amended by Act 28 of 1978.)
25 Repealed (Act 28 of I 978.)
26 Repealed (Act 28 of 1978.)
27 Age of maturity
No person may succeed to any tofi'a or any title until he has attained the age of
twenty one years, save for members of the Royal Family who shall be deemed to
have attained maturity at eighteen years of age. (Substituted by Act 28 of 1978.)
28 Qualifications for jurors
Every male Tongan who has arrived at the age of twenty-one years and can read
and write and is not disabled by the twenty-third clause of this Constitution shall
be liable to serve on juries and the names of all those who are liable to serve
shall be published once every year and anyone who neglects to serve shall be
punished as shall be enacted by the Legislature. But members of the Legislative
Assembly ministers of religion assistant ministers school-masters collegians
public servants guardsmen artillery-men and all officials of the Government
shall be exempt from serving on juries. (Amended by Act 8 of 1977)
29 Naturalization
Any foreigner after he has resided in the Kingdom for the space of five years or
more may with the consent of the King take the oath of allegiance and he may be
granted Letters of Naturalization and all naturalized subjects shall have the same
rights and privileges as native born subjects of Tonga with the exception that
they shall not be entitled to the rights of hereditary tax allotments. (Act 35 of
1912, Amended by Act 28 of 1978.)
Clause 30 CAP. 2 Act of Constitution of Tonga
1988 Revised Edition Page 14
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PART II - FORM OF GOVERNMENT
30 Government
The Government of this Kingdom is divided into three Bodies—
1st. The King Privy Council and Cabinet (Ministry);
2nd. The Legislative Assembly;
3rd. The Judiciary.
31 Form of Government
The form of Government for this Kingdom is a Constitutional Government
under His Majesty King Taufa'ahau Tupou IV his heirs and successors.
32 Succession to the Throne
The right and title of King George Tupou I to the Crown and the Throne of this
Kingdom were confirmed by the Constitution of 1875 and it was further
declared in the said Constitution that the succession to the Crown and Throne
should devolve upon David Uga and then upon Wellington Gu and then upon
them begotten by him in marriage and if at any time there be no heirs of
Wellington Gu the Crown and Throne shall descend in accordance with the
following law of succession:
It shall be lawful only for those born in marriage to succeed.
The succession shall be to the eldest male child and the heirs of his body but if
he should have no children to the second male child and the heirs of his body
and so on until all the male line shall be ended.
Should there be no male child the eldest female child shall succeed and the heirs
of her body and if she should have no children it shall descend to the second
female child and the heirs of her body until the female line is ended.
And if there shall be none of this line of David Uga lawful descendants by
marriage to succeed to the Crown of Tonga it shall descend to William Tungi
and his lawful heirs begotten by him in marriage and to their heirs begotten by
them.
And if there should be no lawful heir the King shall appoint his heir if the House
of Nobles consent to it (the representatives of the people having no voice in the
matter) and he shall be publicly declared heir to the Crown during the King's
life.
Act of Constitution of Tonga CAP. 2 Clause 33
1988 Revised Edition
to
Page 15
Should there be no heir to the Crown or successor who has been so publicly
proclaimed the Prime Minister or in his absence the Cabinet ministers shall
convoke the nobles of the Legislative Assembly (the representatives of the
people having no voice in the matter) and when they meet the House of Nobles
shall choose by ballot some one of the chiefs whom they wish to succeed as
King. And he shall succeed as the first of a new dynasty and he and the heirs of
his body born in marriage shall possess the Crown according to law.
And in the event of there being none to succeed according to this law the Prime
Minister or in his absence the Cabinet ministers shall again convoke the nobles
of the Legislative Assembly in accordance with this law and they shall choose
one to succeed to the Throne as the first of a new dynasty and so on according to
this law for ever.
33 Heir Apparent may not choose consort
(1) It shall not be lawful for any member of the Royal Family who is likely to
succeed to the throne to marry any person without the consent of the King.
And if any person should thus marry the marriage shall not be considered
legal and it shall be lawful for the King to cancel the right of such person
and his heirs to succeed to the Crown of Tonga. And the next person in
succession to him who so marries shall be declared the heir and the
offender shall be regarded as dead.
(2) The expression “any member of the Royal Family who is likely to succeed
to the throne” in the last preceding sub-clause shall be construed to
include all persons born in lawful marriage and related by descent either
lineally or collaterally to the King but not more than twenty times
removed from the King. (Inserted by Act 3 of 1971.)
34 Coronation oath
The following oath shall be taken by those who shall succeed to the throne—
“I solemnly swear before Almighty God to keep in its integrity the
Constitution of Tonga and to govern in conformity with the laws thereof.”
35 Idiot not to succeed
No person shall succeed to the Crown of Tonga who has been found guilty of a
felony or who is insane or imbecile.
Clause 36 CAP. 2 Act of Constitution of Tonga
1988 Revised Edition Page 16
to
36 King commands forces
The King is the Commander-in-Chief of the forces on land and sea. He shall
appoint all officers and make such regulations for the training and control of the
forces as he may think best for the welfare of the country but it shall not be
lawful for the King to make war without the consent of the Legislative
Assembly.
37 King may pardon convicts
It shall be lawful for the King with the consent of the Privy Council to pardon
any person who has been convicted of a breach of law, or to remit or mitigate
any sentence, or any part of any sentence, imposed by any court for a breach of
law: (Amended by Act 13 of 1966)
Provided that he shall not pardon any person convicted of maladministration in
accordance with the fifty-first clause. It shall not be lawful to pardon any person
convicted of this offence.
38 King’s relations with Parliament
The King may convoke the Legislative Assembly at any time and may dissolve
it at his pleasure and command that new representatives of the nobles and people
be elected to enter the Assembly. But it shall not be lawful for the Kingdom to
remain without a meeting of the Assembly for a longer period than one year. The
Assembly shall always meet at Nuku'alofa and at no other place except in time
of war. (Law No. I of 1914.)
39 Treaties
It shall be lawful for the King to make treaties with Foreign States provided that
such treaties shall be in accordance with the laws of the Kingdom. It shall not be
lawful for the King to alter the customs duties without the consent of the
Legislative Assembly. The King may appoint his representatives to other nations
according to the custom of nations.
40 Foreign ministers
The King shall receive Foreign Ministers and may address the Legislative
Assembly in writing regarding the affairs of the Kingdom and matters which he
may wish to bring before the Assembly for deliberation.
Act of Constitution of Tonga CAP. 2 Clause 41
1988 Revised Edition
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Page 17
41 King's powers – Signature to Acts
The King is the Sovereign of all the Chiefs and all the people. The person of the
King is sacred. He governs the country but ministers are responsible. All Acts
that have passed the Legislative Assembly must bear the King's signature before
they become law.
42 Prince Regent
Should the King die before his heir is eighteen years of age a Prince Regent shall
be appointed in accordance with the forty-third clause.
43 Prince Regent, how appointed
Should the King wish to travel abroad it shall be lawful for him to appoint a
Prince Regent who shall administer the affairs of the Kingdom during his
absence. And if the King should die whilst his heir is not yet arrived at the age of
eighteen years and he has not declared in his will his wishes regarding a Prince
Regent during his heir's minority the Prime Minister of the Cabinet shall at once
convoke the Legislative Assembly and they shall choose by ballot a Prince
Regent who shall administer the affairs of the Kingdom in the name of the King
until the heir shall have attained his majority (but the representatives of the
people shall have no voice in such election).
44 King may confer titles
It is the King's prerogative to give titles of honour and to confer honourable
distinctions but it shall not be lawful for him to deprive anyone who has an
hereditary title of his title such as chiefs of hereditary lands and nobles of the
Legislative Assembly who possess hereditary lands except in cases of treason.
And if anyone shall be tried and found guilty of treason the King shall appoint a
member of that family to succeed to the name and inheritance of the guilty
person.
45 Coinage
It is the prerogative of the King with the advice of his Cabinet to decree the
coinage which shall be legal tender in this Kingdom and to make regulations for
the coining of money.
46 Martial law
In the event of civil war or war with a foreign state it shall be lawful for the King
to proclaim martial law over any part or over the whole of the country.
Clause 47 CAP. 2 Act of Constitution of Tonga
1988 Revised Edition Page 18
to
47 National flag
The Flag of Tonga (the flag of King George) shall never be altered but shall
always be the flag of this Kingdom and the present Royal Ensign shall always be
the ensign of the Royal Family of Tonga.
48 Royal property
The lands of the King and the property of the King are his to dispose of as he
pleases. The Government shall not touch them nor shall they be liable for any
Government debt. But the houses built for him by the Government and any
inheritances which may be given to him as King shall descend to his successors
as the property and inheritance of the Royal line.
49 King exempt from action
It shall not be lawful to sue the King in any court for a debt without the consent
of the Cabinet.
PRIVY COUNCIL
50 Constitution and powers of Privy Council
(1) The King shall appoint a Privy Council to assist him in the discharge of
his important functions. The Privy Council shall be composed of the
Cabinet in accordance with the fifty-first clause and the Governors in
accordance with the fifty-fourth clause and any others whom the King
shall see fit to call to his Council. And if any case shall have been heard in
the Supreme Court it shall be lawful for either party thereto to appeal to
the Privy Council which shall rehear the case and the judgment of the
Privy Council shall in all cases be final provided that it shall not be lawful
for the Privy Council to re-try any criminal case but only to advise the
King on the remission or mitigation of sentences. No Ordinance which
may be passed by the King and Privy Council shall have any effect until
the signature of the minister to whose department such Ordinance relates
is affixed thereto and if such Ordinance shall be illegal such minister
alone shall be responsible and when the Legislative Assembly shall meet
it may confirm such Ordinances and make them law or rescind them. (Act
25 of 1942; Amended by Act 13 of 1966.)
(2) If any case shall be heard in the land Court relating to the determination of
hereditary estates and titles, it shall be lawful for either party thereto to
appeal to the Privy Council which shall rehear the case and the judgement
of the Privy Council shall be final. (Added by Act 12 of 1990)
Act of Constitution of Tonga CAP. 2 Clause 51
1988 Revised Edition
to
Page 19
CABINET
51 Constitution and powers of Cabinet
The Cabinet or ministers of the King shall consist of the Prime Minister,
Minister of Foreign Affairs, the Minister of Lands, the Minister of Police and
any other ministers whom His Majesty may be pleased to appoint. It is the
King's prerogative to appoint the ministers and they shall hold office during the
King's pleasure or for such period as may be specified in their commissions and
any one minister may hold two or more offices. It shall be lawful to impeach the
ministers before the Legislative Assembly if their administration is not in
accordance with law. The ministers shall be members of the Privy Council and
of the Legislative Assembly as nobles. Each minister shall draw up a report once
every year acquainting the King with the affairs of his department and such
report shall be forwarded by the King to the Legislative Assembly at its next
meeting and if the Legislative Assembly shall wish to know anything concerning
the department of any minister he shall answer all questions put to him by the
Legislative Assembly and report everything in connection with his department.
(Act 25 of 1942; Amended by Act 4 of1979.)
52 Duties of ministers
Each member of the Cabinet shall have an office in Nuku'alofa the capital of the
Kingdom and he shall satisfy himself that all the subordinates in his department
faithfully perform their duties. And the Government shall build or rent offices
suitable for the work of each minister
53 Treasurer to report to Parliament
When the Legislative Assembly shall meet the Treasurer shall present to the
Legislative Assembly on behalf of the Cabinet an account of all moneys which
have been received and expended during the current year or since the last
meeting of the Assembly and the nature of the receipts and expenditure.
54 Governors – how appointed
The King with the consent of the Cabinet shall appoint Governors to Ha'apai and
Vava’u. The Governors shall in virtue of their office hold seats in the Legislative
Assembly and shall also be members of the Privy Council whilst they hold the
office of Governor and they shall hold office only during the King's pleasure.
Clause 55 CAP. 2 Act of Constitution of Tonga
1988 Revised Edition Page 20
to
55 Powers of Governors
It shall not be lawful for a Governor to enact any law but he shall be responsible
that the law is enforced in his district. If the administration of any Governor be
contrary to law it shall be lawful to impeach him in the Legislative Assembly.
THE LEGISLATIVE ASSEMBLY
56 Power of Legislative Assembly
The King and the Legislative Assembly shall have power to enact laws, and the
representatives of the nobles and the representatives of the people shall sit as one
House. When the Legislative Assembly shall have agreed upon any Bill which
has been read and voted for by a majority three times it shall be presented to the
King for his sanction and after receiving his sanction and signature it shall
become law upon publication. Votes shall be given by raising the hand or by
standing up in division or by saying “Aye” or “No”. (Law 1 of 1914.)
57 Title.
The Legislative Assembly shall be called the Legislative Assembly of Tonga.
58 Sessions
The Legislative Assembly shall meet at least once in every twelve calendar
months but it shall be lawful to summon the same at any time. (Law 1 of 1914.)
59 Composition
The Legislative Assembly shall be composed of the Privy Councillors and
Cabinet ministers, who shall sit as nobles, the representatives of the nobles, and
representatives of the people. (Law 1 of 1914.)
60 Representative members
There shall be elected by the nobles of the Kingdom from their number nine
nobles as representatives of the nobles and there shall be elected by electors duly
qualified nine representatives of the people. The Legislative Assembly shall
determine how both classes of representatives shall be apportioned amongst the
various districts. (Law I of 1914; Amended by Act 17 of 1962.)
Act of Constitution of Tonga CAP. 2 Clause 61
1988 Revised Edition
to
Page 21
61 Speaker
The King shall appoint the Speaker of the Assembly but all other officers shall
be appointed by the Assembly.
62 Rules of procedure
The Assembly shall make its own rules of procedure for the conduct of its
meetings.
63 Qualification of nobles
(1) No person shall succeed to the position of a noble who is insane or
imbecile or who is disabled by the twenty-third clause.
(2) Every noble shall be competent to vote in an election for representatives
of the nobles and to sit in the Assembly if chosen according to law.
64 Qualification of electors
Every Tongan subject of twenty-one years of age or more who being a male and
not a noble pays taxes and being a male or female can read and write and is not
insane or imbecile and is not disabled by the twenty-third clause shall be entitled
to vote in an election for representatives of the people to the Legislative
Assembly and on the day appointed for election shall be exempt from summons
for debt. (Act 15 of 1951.)
65 Qualification of representatives
Representatives of the people shall be chosen by ballot and any person who is
qualified to be an elector may be chosen as a representative, save that no person
may be chosen against whom an order has been made in any Court in the
Kingdom for the payment of a specific sum of money the whole or any part of
which remains outstanding or if ordered to pay by instalments the whole or any
part of such instalments remain outstanding on the day on which such person
submits his nomination paper to the Returning Officer:
Provided that no person holding an office of emolument under the Crown shall
enter the Assembly except the Ministers, and the Governors. (Substituted by Act
8 of 1978.)
Clause 66 CAP. 2 Act of Constitution of Tonga
1988 Revised Edition Page 22
to
66 Threats and bribery
Any person elected as a representative who shall be proved to the satisfaction of
the Assembly to have used threats or offered bribes for the purpose of
persuading any person to vote for him shall be unseated by the Assembly.
67 Privilege of nobles
It shall be lawful for only the nobles of the Legislative Assembly to discuss or
vote upon laws relating to the King or the Royal Family or the titles and
inheritances of the nobles and after any such bill has been passed three times by
a majority of the nobles of the Legislative Assembly it shall be submitted to the
King for his sanction. (Law 1 of 1914. )
68 King's veto precludes discussion
Should the King withhold his sanction from any law passed by the Legislative
Assembly and submitted to him for approval it shall be unlawful for the
Legislative Assembly again to discuss such law until the following session.
69 Quorum
It shall be lawful for the Legislative Assembly to pass judgment upon its
members for their acts or conduct as members of the Legislative Assembly and
although all the members may not be present it shall be lawful for the
Legislative Assembly to discuss and pass laws and transact business should one-
half of its members be present but should there be less than one-half present the
Legislative Assembly shall stand adjourned to another day and if at such
adjourned meeting there should be still less than half the members present it
shall be lawful for the King or the Speaker of the Assembly to command the
presence of all the members and if any fail to attend on such command it shall be
lawful to inflict punishment for such disobedience such punishment to be
determined by the Legislative Assembly. (Law I of 1914.)
70 Contempt of Assembly punishable
If anyone shall speak or act disrespectfully in the presence of the Legislative
Assembly it shall be lawful to imprison him for thirty days and whoever shall
publish any libel on the Legislative Assembly, or threaten any member or his
property, or rescue any person whose arrest has been ordered by the Legislative
Assembly, may be imprisoned for not exceeding thirty days.
Act of Constitution of Tonga CAP. 2 Clause 71
1988 Revised Edition
to
Page 23
71 Noble may be deprived of his seat
Should any representative of the nobles be guilty of conduct unbecoming his
position whether during the session of the Legislative Assembly or not he may
be tried and deprived of his office by the nobles of the Legislative Assembly but
the representatives of the people shall not take part in his trial and if he be
deposed another noble shall be elected to succeed to his seat in the Legislative
Assembly but his title and hereditary estates shall not be confiscated except for
treason or sedition. (Law I of 1914.)
72 Journal
A journal of the proceedings of the Legislative Assembly shall be kept and the
votes of each member present for and against every motion or resolution shall be
recorded in the journal. (Law 1 of 1914.)
73 Immunity from arrest
The members of the Legislative Assembly shall be free from arrest and
judgment whilst it is sitting except for indictable offences and no member of the
House shall be liable for anything he may have said or published in the
Legislative Assembly. (Law I of 1914.)
74 Resignation
Any representative of the nobles or of the people who may wish to resign his
seat in the Legislative Assembly may tender his resignation in writing to the
Speaker and his connection with the Legislative Assembly shall cease when he
tenders his resignation. (Law 1 of 1914.)
75 Impeachment
(1) It shall be lawful for the members of the Legislative Assembly to impeach
any Privy Councillor, Minister, Governor, or Judge for any of the
following offences—
Breach of the laws or the resolutions of the Legislative Assembly,
maladministration, incompetency, destruction or embezzlement of
Government property, or the performance of acts which may lead to
difficulties between this and another country. (Law I of 1914.)
(2) The impeached person shall be given a copy of the accusation in writing
seven days before the day of the trial.
(3) The trial shall be conducted in accordance with the eleventh clause.
Clause 76 CAP. 2 Act of Constitution of Tonga
1988 Revised Edition Page 24
to
(4) The Chief Justice shall preside but if the Chief Justice is impeached
the King shall appoint some other member of the Assembly to preside.
(5) After the witnesses have been heard the impeached person shall
withdraw and the Assembly shall consider their decision and upon a
decision being made he shall be brought before the Assembly and the
decision announced to him. If he be found guilty it shall be lawful to
dismiss him from office but if acquitted it shall not be lawful to impeach
him again on the same charge as is provided in the twelfth clause.
76 Bye-elections
Upon the death or resignation of any representative of the nobles or of the
people the Speaker shall immediately command that the nobles or the electors of
the district which he represented shall elect a representative in his place. But the
Legislative Assembly shall have the power to sit and act although its number be
not complete. (Law 1 of 1914.)
77 General elections
New elections shall be held for all the representatives of the nobles and the
people at least once every three years but it shall be lawful for the King at his
pleasure to dissolve the Legislative Assembly although three years from the last
election may not have expired and to command that new elections be held
according to law throughout the Kingdom. (Law 1 of 1914.)
78 Assembly to assess taxation
The Legislative Assembly shall assess the amount of taxes to be paid by the
people and the customs duties and fees for trading licences and shall pass the
estimates of expenditure for the Public Service in accordance with the nineteenth
clause. And upon the report of the Minister of Finance upon the expenditure and
revenue received during the year succeeding the last meeting of the Assembly
the Legislative Assembly shall determine the estimates for the expenditure of the
Government until the next meeting of the Legislative Assembly. And the
ministers shall be guided by the estimates of public expenditure so authorized by
the Legislative Assembly.
79 Amendments to Constitution
It shall be lawful for the Legislative Assembly to discuss amendments to the
Constitution provided that such amendments shall not affect the law of liberty
the succession to the Throne and the titles and hereditary estates of the nobles.
And if the Legislative Assembly wish to amend any clause of the Constitution
Act of Constitution of Tonga CAP. 2 Clause 80
1988 Revised Edition
to
Page 25
such amendment shall after it has passed the Legislative Assembly three times
be submitted to the King and if the Privy Council and the Cabinet are
unanimously in favour of the amendment it shall be lawful for the King to assent
and when signed by the King it shall become law
80 Enacting formula.
The formula for enacting laws shall be “Be it enacted by the King and
Legislative Assembly of Tonga in the Legislature of the Kingdom as follows:”.
81 Laws to cover but one subject
To avoid confusion in the making of laws every law shall embrace but one
subject which shall be expressed by its title.
82 Chief Justice may suspend laws
The present law shall be in force until repealed by the Legislative Assembly
excepting such laws as are at variance with this Constitution. And it shall be
lawful for the Chief Justice to suspend the operation of any law passed by the
Legislative Assembly or Privy Council which is at variance with the
Constitution until the next meeting of the Legislative Assembly. (Law 6 of 1903.
S. 341.)
83 Oaths of Councillors and Representatives
The following oath shall be taken by the members of the Privy Council:
“I solemnly swear before God that I will be truly loyal to His Majesty
King Taufa'ahau Tupou IV the rightful King of Tonga and that I will keep
righteously and perfectly the Constitution of Tonga and assist to the end
of my power and ability in all things in connection with the Privy
Council”.
The following oath shall be taken by the ministers:
“I solemnly swear before God that I will be truly loyal to His Majesty
King Taufa'ahau Tupou IV the rightful King of Tonga and that I will keep
righteously and perfectly the Constitution of Tonga and discharge the
duties of my department to the end of my ability for the benefit of the
King and his Government”.
The following oath shall be taken by the nobles and representatives of the
people:
Clause 84 CAP. 2 Act of Constitution of Tonga
1988 Revised Edition Page 26
to
“I solemnly swear before God that I will be truly loyal to His Majesty
King Taufa'ahau Tupou IV the rightful King of Tonga and that I will
righteously and perfectly conform to and keep the Constitution of Tonga
and zealously discharge my duties as a member of the Legislative
Assembly”.
The members of the Privy Council shall sign their names to the oath and read it
in the presence of the King. The ministers shall sign their names to the oath and
read it in the presence of the King. The nobles and representatives of the people
shall sign their names to the oath and read it in the presence of the Legislative
Assembly.
THE JUDICIARY
84 The Courts
The judicial power of the Kingdom shall be vested in the Court of Appeal, the
Supreme Court, the Magistrate's Court, and the Land Court. (Law 25 of 1916;
Amended by Act 13 of 1966. *)
85 The Court of Appeal
The Court of Appeal shall consist of the Chief Justice of Tonga and of such
other judges as may be appointed from time to time by the King with the consent
of Privy Council:
Provided that no person shall be appointed unless—
(a) he holds, or has held, high judicial office; or
(b)
(i) he is qualified to practise as an advocate in a court in some
part of Her Britannic Majesty's dominions having unlimited
jurisdiction in civil or criminal matters; and
(ii) he has been qualified so to practise for not less than ten
years. (Added by Act 13 of 1966.*)
86 The Supreme Court
The Supreme Court shall consist of a judge called the Chief Justice, and such
other judges as may be appointed from time to time by the King with the consent
of the Privy Council, sitting with or without a jury. (Substituted by Act 28 of
1978.)
Act of Constitution of Tonga CAP. 2 Clause 87
1988 Revised Edition
to
Page 27
87 Judges to hold office during good behaviour
The judges shall hold office during good behaviour and shall receive such
salaries as the Legislature may determine and the Legislature may increase but
shall not decrease such salaries during their tenure of office:
Provided that it shall be lawful to appoint Judges of the Court of Appeal for
limited periods, or for the purposes of a particular sitting of the Court of Appeal,
or of particular proceedings to come before the Court, on such terms as to salary,
or other remuneration, as may be approved by the King with the consent of Privy
Council. (Added by Act 13 of 1966. *)
88 Acting Judge
(1) It shall be lawful for the Prime Minister with the consent of Cabinet in the
name and on behalf of His Majesty, at any time during the illness or
absence of any judge, or for any other temporary purpose to appoint an
acting judge for the period during which the judge is ill or absent or for
the period necessary to effect the temporary purpose.
(2) An acting judge shall have the jurisdiction and powers of, and may
exercise all the authorities which are vested in or may be exercised by a
judge and shall be paid such salary as may be determined by Cabinet.
(Added by Act 14 of 1955.)
89 Powers
The judges shall have power to direct the form of indictments to control the
procedure of the lower Courts, and to make rules of procedure.
90 Jurisdiction of Supreme Court
The Supreme Court shall have jurisdiction in all cases in Law and Equity arising
under the Constitution and Laws of the Kingdom (except cases concerning titles
to land which shall be determined by a Land Court subject to an appeal to the
Privy Council in matters relating to hereditary estates and titles or to the court of
appeal in other land matters) and in all matters concerning Treaties with Foreign
States and Ministers and Consuls and in all cases affecting Public Ministers and
Consuls and all Maritime Cases. (Law 95 of 1916; Act 75 of 1942; Amended by
Act 12 of 1990)
Clause 91 CAP. 2 Act of Constitution of Tonga
1988 Revised Edition Page 28
to
91 Appeals from Supreme Court
(1) Subject to the provisions of any Act of the Legislative Assembly relating
to appeals to the Court of Appeal, a party to any proceedings in the
Supreme Court or Land Court (excepting matters relating to the
determination of hereditary estates and titles) who is aggrieved by a
decision given in those proceedings by that Court, or a judge thereof,
sitting in first instance, may appeal to the Court of Appeal against such
decision. (Amended by Act 12 of 1990)
(2) Except as may be provided by any Act of the Legislative Assembly, or by
rules in respect of limited classes of appeals, no appeal shall be finally
determined by less than three members of the Court of Appeal. (Added by
Act 13 of 1966.)
92 Jurisdiction of Court of Appeal
The Court of Appeal shall have exclusive power and jurisdiction to hear and
determine all appeals which by virtue of this Constitution or of any Act of the
Legislative Assembly lie from the Supreme Court or Land Court (excepting
matters relating to the determination of hereditary estates and titles) or any judge
thereof and shall have such further or other jurisdiction as may be conferred
upon it by any such Act. (Added by Act 13 of 1966; Amended by Act 12 of 1990.)
93 Legal opinions
The judges shall give opinions upon important or difficult matters when
requested so to do by the King the Cabinet or the Legislative Assembly.
94 Judge may not hear appeal from own decision
It shall not be lawful for any judge to sit or adjudicate upon an appeal from any
decision which he may have given.
95 Oath of Judge
The Chief Justice and any other judge shall take the following oath:
“I swear in the presence of God that I will be loyal to His Majesty King
Taufa'ahau Tupou IV the lawful King of Tonga and that I will perform
truly and with impartiality my duties as a judge in accordance with the
Constitution and the Laws of the Kingdom”.
The judge shall read and sign this oath in the presence of the Cabinet:
Act of Constitution of Tonga CAP. 2 Clause 96
1988 Revised Edition
to
Page 29
Provided that a Chief Justice or any other judge, who is not a Tongan subject,
shall take the following oath in lieu of the foregoing oath:
“I swear in the presence of God that I will perform truly and with
impartiality my duties as a judge in accordance with the Constitution and
the Laws of the Kingdom . (Added by Act 13 of 1966)
96 Court fees
The Legislature shall determine the fees payable to the various Courts. The
Registrar of the Supreme Court shall keep the Court records.
97 Judge not to receive fine
It shall not be lawful for any judicial officer to receive any portion of a fine paid
by any person convicted of an offence or for the Government to allot prisoners
to serve any judicial officer, police officer, juror, or any other person as payment
for duties discharged by them.
98 Jurors
The Legislature shall regulate the summoning of jurors and the fees (if any) they
shall receive.
99 Trial by jury
Any person committed for trial before the Supreme Court on a charge of having
committed any criminal offence punishable by a term of imprisonment
exceeding two years or a fine of five hundred pa'anga or both such penalties
shall if he shall so elect be tried by a jury; and whenever any issue of fact is
raised in any civil action triable in the Supreme Court any party to such action
may claim the right of trial by jury; and the law of trial by jury shall never be
repealed. (Act 9 of 1918; Act 7 of 1933; Act 25 of 1942; Amended by Act 25 of
1984.)
100 Form of verdict
It is the duty of the jury in criminal cases to pronounce whether the person
accused is guilty or not guilty according to the evidence given before the Court.
In civil cases the jury shall give judgment for payment or compensation as the
case may be and according to the merits of the case.
Clause 101 CAP. 2 Act of Constitution of Tonga
1988 Revised Edition Page 30
to
101 Judge to direct jury
In civil and criminal cases the judge shall direct the jury upon the law bearing
upon the case and assist them in arriving at a just decision upon the case before
them. The judge shall have power to refuse to admit evidence which he may
deem to be irrelevant or improper.
102 Chief Justice to report upon criminal statistics
The Chief Justice shall report once a year to the King upon the administration of
justice and the criminal statistics of the country and upon any amendments in the
law which he may recommend. And the King shall lay this report before the
Assembly at its next meeting in the same manner as the reports of the ministers.
103 Powers of Magistrates
The Legislature shall determine the time and place for holding the Courts and
shall limit the powers of the magistrates in criminal and civil matters and shall
determine what cases shall be committed for trial to the Supreme Court.
PART III - THE LAND
104 Land vested in crown – Sale prohibited
All the land is the property of the King and he may at pleasure grant to the
nobles and titular chiefs or matabules one or more estates to become their
hereditary estates. It is hereby declared by this Constitution that it shall not be
lawful for anyone at any time hereafter whether he be the King or any one of the
chiefs or the people of this country to sell any land whatever in the Kingdom of
Tonga but they may lease it only in accordance with this Constitution and
mortgage it in accordance with the Land Act. And this declaration become a
covenant binding on the King and chiefs of this Kingdom for themselves and
their heirs and successors for ever. (Amended by Act 3 of 1976.)
105 Terms of leases
The Cabinet shall determine the terms for which leases shall be granted but no
lease shall be granted for any longer period than ninety-nine years without the
consent of His Majesty in Council and the Cabinet shall determine the amount of
rent for all Government lands. (Amended by Act 11 of 1974.)
Act of Constitution of Tonga CAP. 2 Clause 106
1988 Revised Edition
to
Page 31
106 Form of deed
The forms of deed transfer and permit which shall from time to time be
sanctioned by His Majesty in Privy Council are hereby appointed to be the forms
according to which all deeds of leases transfers and permits shall be made. (Law
25 of 1916; Amended by Act 17 of 1981.)
107 Existing leases respected
This Constitution shall not affect any leases which have been granted by the
Government or any leases which have been promised whether leases of land in
the interior or of town allotments. Such leases will be recognised by the
Government but this exception shall not refer to any leases which may be
granted after the granting of this Constitution.
108 Church lands not to be sub-let without permission
No leases of any town site shall in future be granted to any religious body for
any purpose unless there are thirty adults, male and female, of such church in
that town, and it shall not be lawful for any religious body to use such leased
lands for other than religious purposes or to sub-let to any person without the
prior consent of Cabinet, and upon satisfactory proof before a Court that any
such land has been sub-let without consent, such land shall revert to the person
from whom the land was leased, or to his successor in title as the case may be.
(Substituted by Act 13 of 1973.)
109 Beach frontage
All the beach frontage of this Kingdom belongs to the Crown from fifty feet
above high-water mark and it shall be lawful for the Government to lease any
portion of the beach frontage for erecting a store jetty or wharf and the Minister
of Lands with the consent of the Cabinet shall have power to grant such lease.
110 Registration of deeds
All leases unless signed by the King himself shall be signed by the Minister of
Lands and sealed with the seal of his office and countersigned by one of the
Cabinet ministers who shall affix the seal of his office and no lease or transfer
will be considered valid or recognised by the Government unless registered in
the office of the Minister of Lands.
111 Law of succession
The following is the law of succession to hereditary estates and titles:
Clause 112 CAP. 2 Act of Constitution of Tonga
1988 Revised Edition Page 32
to
Children lawfully born in wedlock only may inherit and the eldest male child
shall succeed and the heirs of his body but if he have no descendants then the
second male child and the heirs of his body and so on until all the male line is
ended. Should there be no male child the eldest female child shall succeed and
the heirs of her body and if she should have no descendants the second female
child and the heirs of her body and so on until the female line is ended. And
failing direct heirs the property shall revert to the eldest brother of the owner of
the property beginning with the eldest and his heirs in succession to the youngest
and their heirs in accordance with the law of inheritance. And if the brothers
have no descendants it shall descend to the eldest sister and the female line as
provided in the case of the male line. And if these should have no descendants
and there should be no legitimate heir it shall revert to the Crown in accordance
with the one hundred and twelfth clause. But should a female be next in
succession to the title of a noble or of an hereditary chief the next male heir shall
inherit the title and estates. But should such female afterwards have a legitimate
male issue the title and estates shall revert to the male issue of the female upon
the death of the male in possession of the estate:
Provided that the female that is the heir shall occupy the town allotment and the
plantation lands appertaining to such title but the hereditary estates that is the
lands occupied by the people shall be held by the inheritor of the title.
Whereas by Tongan custom provision has always been made that an adopted
child might succeed to the estates and titles of his adoptive father now therefore
it is decreed that upon the death of the holder of an estate or title who has
inherited such estate or title by virtue of his blood descent from such adopted
child the estate and title shall revert to the descendant by blood of the original
holder of the estate and title in accordance with the provisions of this clause and
should there be alive no such descendant by blood the provisions of the one
hundred and twelfth clause shall apply. (Added by Act 15 of 1953; Amended by
Act 3 of 1976.)
112 Estate without heirs to revert to the crown
Should there be no legitimate heirs to an estate such estate shall revert to the
King. But the King may confer the title and estate upon any other person and the
person so appointed and his heirs shall possess such title and estates for ever.
113 Right to allotments
A widow shall have the right to succeed to her deceased husband's tax and town
allotment. Every person who holds a tax and town allotment shall pay such rents
therefore as may be determined by the Legislature. Every taxpayer shall have the
right to hold an hereditary tax and town allotment upon and subject to such
Act of Constitution of Tonga CAP. 2 Clause 114
1988 Revised Edition
to
Page 33
conditions as to the area thereof and the rent to be paid therefore as may be
determined from time to time by the Legislature. (Act 19 of 1927.)
114 No lease etc. without consent
No lease, sub-lease, transfer of a lease or of a sub-lease shall be granted—
(a) without the prior consent of Cabinet where the term is ninety-nine
years, or less, or
(b) without the prior consent of Privy Council where the term is over
ninety-nine years,
Provided that no consent shall be granted to a lease by a widow of
the land of her deceased husband. (Substituted by Act 17 of 1981.)
115 Citation
This Constitution may be cited as The Act of Constitution of Tonga.
