Public Order Act
2008 Revised Edition
CAP. 20.36
PUBLIC ORDER ACT
Public Order Act CAP. 20.36 Arrangement of Sections
2008 Revised Edition
Page 3
PUBLIC ORDER ACT
Arrangement of Sections
Section
PART I - PRELIMINARY 7
1 Short title................................................................................................................ 7
2 Interpretation.......................................................................................................... 7
PART II - CONTROL OF ORGANISATIONS 9
3 Power to prohibit flags, etc. ................................................................................... 9
4 Prohibition of uniforms in connection with political objects............................... 10
5 Managing unlawful society.................................................................................. 10
6 Being member of an unlawful society ................................................................. 10
7 Prosecutions under sections 5 and 6 .................................................................... 10
8 Power of entry, arrest, search, etc. ....................................................................... 11
9 Declaration by Minister ....................................................................................... 11
10 Forfeiture of insignia, etc. .................................................................................... 12
PART III - CONTROL OF PUBLIC MEETINGS AND PROCESSIONS 12
11 Control of public gatherings ................................................................................ 12
12 Police to be informed of meetings in designated area ......................................... 12
13 Police powers over meetings, processions and gatherings .................................. 13
14 Offences in relation to sections 11, 12 and 13 ..................................................... 14
15 Disorder in public places ..................................................................................... 15
16 Prohibition of offensive weapons at public meetings and processions................ 15
17 Power of Commissioner of Police to prohibit public gatherings ......................... 16
18 Power of Minister to prohibit public gatherings .................................................. 16
19 Proof of certain matters........................................................................................ 17
PART IV - UNLAWFUL ASSEMBLIES, RIOTS AND SIMILAR
OFFENCES 17
20 Unlawful assembly .............................................................................................. 17
Arrangement of Sections CAP. 20.36 Public Order Act
2008 Revised Edition Page 4
21 Riot .......................................................................................................................17
22 Rioters demolishing buildings, etc. ......................................................................18
23 Rioters damaging buildings, etc. ..........................................................................18
24 Riotously interfering with vehicles, etc................................................................18
25 Going armed in public..........................................................................................18
26 Forcible entry .......................................................................................................19
27 Forcible detainer...................................................................................................19
28 Fighting ................................................................................................................19
29 Proposing violence at public gatherings...............................................................19
PART V - INTIMIDATION 20
30 Intimidation ..........................................................................................................20
31 Directing, organising, etc., intimidation...............................................................20
PART VI - CONTROL OF PLACES, VESSELS, OFFENSIVE
WEAPONS, ETC. 20
32 Curfew orders.......................................................................................................20
33 Carrying offensive weapons during a curfew.......................................................21
34 Prohibition of offensive weapons in public places...............................................22
35 Power of Minister to prohibit the movement of vessels or aircraft ......................22
36 Detention of vessels and aircraft ..........................................................................22
PART VII - CLOSED AREAS 23
37 Closed areas .........................................................................................................23
38 Permits to enter and leave closed areas ................................................................24
39 Prohibition on entering or leaving closed area without permit ............................24
40 Power of arrest .....................................................................................................24
PART VIII - GENERAL 25
41 Procedure where consent of Attorney-General to prosecution required ..............25
42 Police powers of arrest .........................................................................................25
43 Use of force ..........................................................................................................25
44 Offences by societies, etc. ....................................................................................26
45 Power of entry and search ....................................................................................26
46 Proof of lawful authority or reasonable excuse....................................................26
47 Power to require identifications ...........................................................................27
48 Obstruction ...........................................................................................................27
49 Power of Minister to give directions ....................................................................27
50 Delegation of powers ...........................................................................................27
51 Indemnity to persons acting under Act.................................................................27
Public Order Act CAP. 20.36 Arrangement of Sections
2008 Revised Edition
Page 5
Supporting Documents
ENDNOTES 29
Public Order Act CAP. 20.36 Section 1
2008 Revised Edition
Page 7
PUBLIC ORDER ACT
AN ACT TO CONSOLIDATE, AMEND AND EXTEND THE LAW
RELATING TO AND TO MAKE PROVISION FOR THE MAINTENANCE
OF PUBLIC ORDER, THE PROSCRIPTION OF UNLAWFUL SOCIETIES,
THE CONTROL OF MEETINGS, PLACES, VESSELS AND AIRCRAFT,
UNLAWFUL ASSEMBLIES AND RIOTS AND MATTERS INCIDENTAL
THERETO OR CONNECTED THEREWITH1
Commencement [1st December 19732]
PART I - PRELIMINARY
1 Short title
This Act may be cited as the Public Order Act.
2 Interpretation
In this Act unless the context otherwise requires —
“closed area” means any island or other place declared to be a closed area
under section 37;
“designated area” means every island or other place designated by the
Minister by order under section 12(3);
“meeting” means —
(a) any gathering or assembly of persons convened or organised for any
purpose; and
Section 2 CAP. 20.36 Public Order Act
2008 Revised Edition Page 8
(b) any gathering or assembly of persons whether or not previously
convened or organised at which any person assumes or attempts to
assume control or leadership thereof,
but does not include any gathering or assembly of persons convened or
organised exclusively —
(i) for the purposes of any public body; or
(ii) for the purpose of carrying out any duty or exercising any power
imposed or conferred by any Act;
“offensive weapon” means any article made or adapted for use for causing
injury to the person or intended by the person having it in his possession or
under his control for such use by him or by some other person;
“officer in charge of police” bears the meaning assigned to that expression
by the Police Act;3
“political organisation” means any organisation which has among its objects
any political object or pursues any political purpose;
“public gathering” means a public meeting, a public procession and any
other meeting, gathering or assembly of 10 or more persons in any
public place;
“public meeting” means any meeting held or to be held in a public place;
“public place” means any place to which for the time being the public or any
section of the public are entitled or permitted to have access whether on
payment or otherwise, and in relation to any meeting includes any place
which is or will be on the occasion and for the purposes of such meeting a
public place;
“public procession” means any procession in, to or from a public place;
“society” includes —
(a) any club, company, partnership, association or body of persons; and
(b) any combination of 10 or more persons, whether the society be known
by any name or not;
“unlawful society” means —
(a) a society formed for any of the following purposes —
(i) levying war or encouraging or assisting any person to levy war
on the Government or on the inhabitants of any part of Tuvalu; or
(ii) killing or injuring or inciting to the killing or injuring of any
person; or
(iii) destroying or injuring or inciting to the destruction or injuring of
any property; or
(iv) subverting or promoting the subversion of the Government or of
its officials; or
Public Order Act CAP. 20.36 Section 3
2008 Revised Edition
Page 9
(v) committing or inciting to acts of violence or intimidation; or
(vi) interfering with or resisting or inciting to interference with or
resistance to the administration of the law; or
(vii) disturbing or inciting to the disturbance of peace and order in any
part of Tuvalu; or
(b) a society declared by order of the Minister to be a society dangerous to
the good government of Tuvalu.
PART II - CONTROL OF ORGANISATIONS
3 Power to prohibit flags, etc.
(1) Any police officer may in a designated area —
(a) prohibit the display at a public gathering of any flag, banner or other
emblem;
(b) prohibit the owner, tenant, occupier or person in charge of any premises
or place and the owner or person in charge of any vehicle or vessel
from permitting the display of any flag, banner or other emblem on or
at the premises, place, vehicle or vessel,
if the police officer reasonably believes that the display of any flag, banner or
emblem is likely to cause or lead to a breach of the peace.
(2) A prohibition under paragraph (a) of subsection (1) shall be issued by such
means as are in the opinion of the police officer concerned reasonably
required in all the circumstances to bring it to the notice of the persons
constituting the public gathering:
Provided that where such means are not immediately available and in the
opinion of the police officer it is necessary in the interests of public order for
the prohibition to be issued forthwith it may be issued by all reasonable means
immediately available.
(3) A prohibition under paragraph (b) of subsection (1) may be issued either
orally or in writing to the owner, tenant, occupier or person in charge as the
case may be.
(4) Where a prohibition is issued under this section any police officer may seize
and detain any flag, banner or emblem and may if reasonably necessary —
(a) enter any premises or place; and
(b) stop and board any vehicle or vessel,
using such force as may be reasonable and necessary for these purposes.
Section 4 CAP. 20.36 Public Order Act
2008 Revised Edition Page 10
(5) Any person who displays or permits the display of any flag, banner or other
emblem in contravention of a prohibition issued under this section shall be
liable to a fine of $100 and to imprisonment for 1 year.
(6) No prosecution for an offence under this section shall be instituted without the
consent of the Attorney-General.
4 Prohibition of uniforms in connection with political objects
(1) Any person in a designated area who in any public place or at any public
gathering wears any uniform signifying his association with any political
organisation or with the promotion of any political object, save under and in
accordance with written permission given under subsection (2), shall be liable
to a fine of $100 and to imprisonment for 1 year.
(2) The Commissioner of Police or an officer in charge of police may, if he is
satisfied that the wearing of any such uniform as aforesaid on any ceremonial,
anniversary or other special occasion will not be likely to involve risk of
public disorder, give written permission for the wearing of such uniform on
that occasion either absolutely or subject to such conditions as he may
specify.
(3) Any person who contravenes any condition imposed under subsection (2)
shall be liable to a fine of $100 and to imprisonment for 1 year.
5 Managing unlawful society
Any person who manages or assists in the management of an unlawful society shall
be liable to imprisonment for 7 years.
6 Being member of an unlawful society
Any person who —
(a) is a member of an unlawful society; or
(b) knowingly allows a meeting of an unlawful society or of members of an
unlawful society to be held in any house, building or place belonging to
or occupied by him or over which he has control,
shall be liable to imprisonment for 3 years.
7 Prosecutions under sections 5 and 6
(1) No prosecution for an offence under section 5 or 6 shall be instituted without
the consent of the Attorney-General.
(2) In any prosecution for an offence under section 5 or 6 it shall not be necessary
to prove that the society consisted of 10 or more persons; but it shall be
Public Order Act CAP. 20.36 Section 8
2008 Revised Edition
Page 11
sufficient to prove the existence of a combination of persons and the onus
shall then rest with the accused person to prove that the number of members
of the combination did not amount to 10.
(3) Any person who attends a meeting of an unlawful society shall be deemed to
be a member of the society unless the contrary is proved.
(4) Any person who has in his possession or custody or under his control any of
the insignia, banners, arms, books, papers, documents or other property
belonging to an unlawful society or wears any of the insignia or is marked
with any mark of the society shall be deemed to be a member of the society
unless the contrary is proved.
8 Power of entry, arrest, search, etc.
Any magistrate or police officer may enter with or without assistance any house,
building or place in which he has reason to believe that a meeting of an unlawful
society or of persons who are members of an unlawful society is being held, and to
arrest or cause to be arrested all persons found therein and to search such house,
building or place and seize or cause to be seized all insignia, banners, arms, books,
papers, documents and other property which he may have reasonable cause to
believe to belong to any unlawful society or to be in any way connected with the
purpose of the meeting.
9 Declaration by Minister
(1) When a society is declared to be an unlawful society by an order of the
Minister the following consequences shall ensue —
(a) the property of the society within Tuvalu shall forthwith vest in an
officer appointed by the Minister;
(b) the officer appointed by the Minister shall proceed to wind up the
affairs of the society and after satisfying and providing for all debts and
liabilities of the society and the cost of the winding up if there shall
then be any surplus assets shall prepare and submit to the Minister a
scheme for the application of those surplus assets;
(c) such scheme when submitted for approval may be amended by the
Minister in such way as he shall think proper in the circumstances of
the case;
(d) the approval of the Minister to such a scheme shall be denoted by the
endorsement thereon of a memorandum of such approval signed by the
Minister and upon this being done the surplus assets, the subject of the
scheme, shall be held by such officer upon the terms and to the
purposes thereby prescribed;
(e) for the purpose of the winding up, the officer appointed by the Minister
shall have all the powers vested in a receiver in bankruptcy for the
Section 10 CAP. 20.36 Public Order Act
2008 Revised Edition Page 12
purpose of the discovering of the property of a debtor and the
realisation thereof.
(2) The Minister may for the purpose of enabling a society to wind up its own
affairs suspend the operation of this section for such period as shall seem to
him expedient.
(3) Subsection (1) shall not apply to any property seized under section 8.
10 Forfeiture of insignia, etc.
Subject to section 9 the insignia, banners, arms, books, papers, documents and other
property belonging to an unlawful society shall be forfeited and shall be dealt with
in such manner as the Minister may direct.
PART III - CONTROL OF PUBLIC MEETINGS AND
PROCESSIONS
11 Control of public gatherings
The Commissioner of Police or an officer in charge of police may, if it appears to
him to be necessary or expedient in the interests of public order to do so, in such
manner as he may think fit —
(a) control and direct the extent to which music may be played or to which
music or human speech or any other sound may be amplified,
broadcast, relayed or otherwise reproduced by artificial means in public
places;
(b) control and direct the conduct of all public gatherings and specify the
route by which and the time at which any public procession may pass;
(c) for any of the purposes aforesaid give or issue such orders as he may
consider necessary or expedient.
12 Police to be informed of meetings in designated area
(1) No public meeting or public procession shall take place in a designated area
unless the Commissioner of Police or the officer in charge of police in the
area concerned has first been informed in accordance with this section of the
day on which and the time and place at which the meeting or procession is to
take place.
(2) Any person intending to hold, convene, organise or form a public meeting or a
public procession in a designated area shall inform the Commissioner of
Police or the officer in charge of police in the area concerned in writing of his
intention to do so and of the matters specified in subsection (1) not less than 3
Public Order Act CAP. 20.36 Section 13
2008 Revised Edition
Page 13
clear days before the public meeting or public procession (or 24 hours before
a public meeting or public procession solely for the purposes of a funeral) is
to be held, convened, organised or formed.
(3) The Minister may by order designate any island or other place a designated
area for the purposes of this Act where he is satisfied that it is in the interests
of public order to do so.
(4) An order under subsection (3) shall remain in force for such period not
exceeding 3 months as may be therein specified:
Provided that the Minister shall forthwith revoke such an order where he is
satisfied that the order is no longer necessary in the interests of public order.
13 Police powers over meetings, processions and gatherings
(1) Any police officer may prevent the holding of, stop or disperse any public
meeting or public procession which takes place or is about to take place in
contravention of section 12(1).
(2) Any police officer may —
(a) prevent the holding of, stop, disperse or vary the place or route of any
public gathering; or
(b) stop or disperse any meeting convened or held in any premises or place
which is not a public place or any gathering or procession of persons
whatsoever or wheresoever,
if he reasonably believes that the same is likely to cause or lead to a breach of
the peace.
(3) For the purpose of exercising the powers conferred by subsection (1) or (2) a
police officer may give or issue such orders as he may consider necessary or
expedient and such police officer and any other police officer may —
(a) use such force as may be reasonable and necessary to prevent the
holding of, stop or disperse, as the case may be, the public meeting,
public procession, public gathering or other meeting, gathering or
procession of persons; and
(b) enter any premises or place whatsoever in which any meeting is taking
place or any persons are gathered.
(4) If any police officer has reason to believe that a public meeting or public
procession is likely to take place in contravention of section 12(1) in any
public place he may cause access to that public place and to any other public
place adjacent thereto to be barred and to be closed to the public or to any
person or class of persons for such time as may be necessary to prevent the
public meeting or public procession taking place.
(5) The closure of any public place under subsection (4) shall be notified by
means of notices exhibited or physical barriers erected at the places of access
Section 14 CAP. 20.36 Public Order Act
2008 Revised Edition Page 14
thereto or by oral public announcement in the vicinity thereof or in such other
manner as the police officer aforesaid may think fit.
(6) Any police officer may use such force as may be reasonable and necessary to
prevent any person from entering or remaining in any public place to which
access has been closed to him under this section.
14 Offences in relation to sections 11, 12 and 13
(1) Any person who —
(a) neglects or refuses to obey any order given or issued under section 11
or section 13(3); or
(b) without the permission of any police officer on duty there, enters or
remains in a public place to which access has been closed to him under
section 13(4),
shall be liable to a fine of $100 and to imprisonment for 1 year.
(2) Where —
(a) any public meeting or public procession takes place in contravention of
section 12(1);
(b) 3 or more persons taking part in or forming part of a public gathering
neglect or refuse to obey an order given or issued under section 11;
(c) 3 or more persons taking part in or forming part of a public meeting,
public procession or public gathering or other meeting, procession or
gathering of persons neglect or refuse to obey an order given or issued
under section 13(3),
the public meeting, public procession or public gathering or other meeting,
procession or gathering of persons, as the case may be, shall be deemed to be
an unlawful assembly.
(3) Where any public meeting, public procession or public gathering or other
meeting, procession or gathering of persons is deemed to be an unlawful
assembly by virtue of subsection (2) —
(a) every person who without lawful authority or reasonable excuse takes
or continues to take part in or forms or continues to form part of any
such unlawful assembly; and
(b) every person who —
(i) holds, convenes, organises, forms or collects or assists or is
concerned in the holding, convening, organising, forming or
collecting of any public meeting or public procession such as is
referred to in paragraph (a) of subsection (2); or
(ii) continues or attempts to continue to hold or conduct or to direct
otherwise than for the purpose of securing obedience to an order
given or issued under section 11 or section 13(3), any public
Public Order Act CAP. 20.36 Section 15
2008 Revised Edition
Page 15
gathering such as is referred to in paragraph (b) of subsection (2)
or any public meeting, public procession or public gathering or
other meeting, procession or gathering of persons such as is
referred to in paragraph (c) of subsection (2),
after the same has become an unlawful assembly as aforesaid shall be liable to
a fine of $200 and to imprisonment for 2 years.
15 Disorder in public places
(1) Any person who at any public gathering acts in a disorderly manner for the
purpose of preventing the transaction of the business for which the public
gathering was called together or incites others so to act shall be liable to a fine
of $100 and to imprisonment for 1 year.
(2) Any person who behaves in a noisy or disorderly manner or uses or distributes
or displays any writing containing threatening, abusive or insulting words
with intent to provoke a breach of the peace or whereby a breach of the peace
is likely to be caused shall be liable to a fine of $100 and to imprisonment for
1 year.
16 Prohibition of offensive weapons at public meetings and processions
(1) Any person who while present at or making his way towards any public
meeting or on the occasion of any public procession has with him any
offensive weapon without lawful authority or reasonable excuse shall be
liable to a fine of $200 and to imprisonment for 2 years.
(2) In this section “offensive weapon” includes any article suitable for causing
injury to the person.
(3) For the purposes of this section a person shall not be deemed to be acting in
pursuance of lawful authority unless he is on duty as —
(a) a police officer;
(b) a special constable;
(c) a police or constabulary officer of another territory present in Tuvalu in
response to an application by the Minister;
(d) a public officer;
(e) a member of Her Majesty’s forces for Tuvalu.
(4) Where any person is convicted of an offence under subsection (1) the court
may make an order for the forfeiture of any offensive weapon in respect of
which the offence was committed.
Section 17 CAP. 20.36 Public Order Act
2008 Revised Edition Page 16
17 Power of Commissioner of Police to prohibit public gatherings
(1) The Commissioner of Police or an officer in charge of police may, if it
appears to him to be necessary or expedient in the interests of public order,
prohibit the holding or the continuance of a particular public gathering in any
area, premises or place or on any particular day.
(2) Notice of a prohibition under subsection (1) shall be given —
(a) either orally or in writing to the person or to one of the persons
promoting, directing, organising or managing the public gathering; or
(b) by publication, either orally or in writing, in such manner or by posting
a notice thereof in such place as the Commissioner of Police or the
officer in charge of police, as the case may be, may think fit.
(3) Any person who, after notice of a prohibition under subsection (1) has been
given, takes part in the promotion, direction, organisation or management of a
public gathering which is held or continued in contravention of a prohibition
under subsection (1) shall be liable to a fine of $200 and to imprisonment for
2 years.
(4) Any police officer may give or issue such orders and use such force as may be
reasonable and necessary to prevent the holding or continuance of a public
gathering the holding or continuance of which has been prohibited under
subsection (1) and to disperse any gathering of persons thereat.
(5) Any person who neglects or refuses to obey any order given or issued under
subsection (4) shall be liable to a fine of $100 and to imprisonment for 1 year.
18 Power of Minister to prohibit public gatherings
(1) The Minister may, if he is satisfied that by reason of particular circumstances
existing in Tuvalu or in any part thereof it is necessary for the prevention of
serious public disorder to prohibit the holding of public gatherings throughout
Tuvalu or in any part thereof, by order prohibit the holding in Tuvalu or in
any part thereof of all public gatherings or of any class of public gatherings.
(2) An order under subsection (1) shall remain in force for such period not
exceeding 3 months as may be therein specified:
Provided that the Minister shall forthwith revoke such an order where he is
satisfied that the order is no longer necessary for the prevention of serious
public disorder.
(3) Any person who —
(a) takes part in the promotion, direction, organisation or management of a
public gathering which is held or intended to be held in contravention
of an order under subsection (1); or
(b) takes part in or attends or incites any other person to take part in or
attend any such public gathering,
Public Order Act CAP. 20.36 Section 19
2008 Revised Edition
Page 17
shall be liable to a fine of $200 and to imprisonment for 2 years.
19 Proof of certain matters
A certificate purporting to be under the hand of the Commissioner of Police or an
officer in charge of police specifying —
(a) the terms and date of any order given or issued under section 11;
(b) the terms, date and method of giving notice of any prohibition or order
given or issued under section 17(1) or 17(4),
shall be prima facie evidence of such matter contained in such certificate in all legal
proceedings.
PART IV - UNLAWFUL ASSEMBLIES, RIOTS AND SIMILAR
OFFENCES
20 Unlawful assembly
(1) When 3 or more persons —
(a) assemble or are assembled with intent to commit an offence; or
(b) being assembled conduct themselves in a manner intended or likely to
cause any person reasonably to fear that the persons so assembled will
commit a breach of the peace or will by such conduct provoke other
persons to commit a breach of the peace,
they are an unlawful assembly.
(2) It is immaterial that the original assembly was lawful if being assembled the
persons concerned —
(a) remain assembled with intent to commit an offence; or
(b) conduct themselves in the manner described in paragraph (b) of
subsection (1).
(3) Any person who takes part in an assembly which is an unlawful assembly by
virtue of subsection (1) shall be liable to a fine of $100 and to imprisonment
for 1 year.
21 Riot
(1) When any person taking part in an assembly which is an unlawful assembly
by virtue of section 20(1) commits a breach of the peace the assembly is a
riot.
Section 22 CAP. 20.36 Public Order Act
2008 Revised Edition Page 18
(2) Any person who takes part in a riot shall be liable to a fine of $200 and to
imprisonment for 2 years.
22 Rioters demolishing buildings, etc.
(1) Any person taking part in a riot who unlawfully pulls down or destroys or
begins to pull down or destroy any building, machinery, structure, vehicle,
vessel or aircraft shall be liable to imprisonment for 14 years.
(2) A person may be convicted of an offence under this section whether or not he
has been charged with or convicted of any other offence under this Part.
23 Rioters damaging buildings, etc.
(1) Any person taking part in a riot who unlawfully damages any of the things
specified in section 22 shall be liable to imprisonment for 7 years.
(2) A person may be convicted of an offence under this section whether or not he
has been charged with or convicted of any other offence under this Part.
24 Riotously interfering with vehicles, etc.
(1) Any person taking part in a riot who unlawfully and with force prevents,
hinders or obstructs the loading or unloading or the movement of any vehicle,
vessel or aircraft or unlawfully and with force boards any vehicle, vessel or
aircraft with intent to do so shall be liable to a fine of $200 and to
imprisonment for 2 years.
(2) A person may be convicted of an offence under this section whether or not he
has been charged with or convicted of any other offence under this Part.
25 Going armed in public
(1) Any person who goes armed in public without lawful authority or reasonable
excuse in such a manner as to cause terror to any person shall be liable to a
fine of $200 and to imprisonment for 2 years.
(2) For the purposes of this section a person shall not be deemed to be acting in
pursuance of lawful authority unless he is on duty in one of the capacities
specified in section 16(3).
(3) Where any person is convicted of an offence under subsection (1) the court
may make an order for the forfeiture of any weapon in respect of which the
offence was committed.
Public Order Act CAP. 20.36 Section 26
2008 Revised Edition
Page 19
26 Forcible entry
(1) Any person who enters on any land or premises in a violent manner, whether
or not he is entitled to enter thereon and whether such violence consists in
actual force applied to any other person or in threats or in breaking open any
building or in collecting an unusual number of people, shall be liable to a fine
of $200 and to imprisonment for 2 years.
(2) Nothing in this section shall make it an offence for a person to enter upon his
own land or premises if they are in his possession or in the custody of his
servant or agent.
27 Forcible detainer
Any person who, being in unlawful possession of land or premises, holds possession
of them against a person entitled by law to the possession of them in a manner likely
to cause a breach of the peace or to cause any person reasonably to fear that a breach
of the peace may occur shall be liable to a fine of $200 and to imprisonment for 2
years.
28 Fighting
Any person who takes part in an unlawful fight shall be liable to a fine of $100 and
to imprisonment for 1 year.
29 Proposing violence at public gatherings
Any person who without lawful authority at any public gathering makes any
statement or behaves in a manner indicating or implying that it is or might be
desirable to do an act calculated —
(a) to kill or cause physical injury to any person or to any class or
community of persons;
(b) to destroy or cause damage to any property; or
(c) to deprive any person by force or fear of the possession or use of any
property either permanently or temporarily,
shall be liable to a fine of $200 and to imprisonment for 2 years.
Section 30 CAP. 20.36 Public Order Act
2008 Revised Edition Page 20
PART V - INTIMIDATION
30 Intimidation
Any person who without lawful authority or reasonable excuse does or says
anything or behaves in a manner or utters or distributes any publication which is
likely to make some other person apprehensive as to what may happen —
(a) to such other person or to any member of the family or any dependant
of such other person;
(b) to any property, business, undertaking or interest of such other person
or of any member of the family or any dependant of such other person;
(c) to any building or place occupied by such other person or by any
member of the family or any dependant of such other person; or
(d) to any business or undertaking in which such other person or any
member of the family or any dependant of such other person is
employed,
shall be liable to a fine of $200 and to imprisonment for 2 years.
31 Directing, organising, etc., intimidation
Any person who directs, organises, arranges, encourages, counsels, causes, procures
or commands any intimidation which is an offence under section 30 shall be liable to
a fine of $300 and to imprisonment for 3 years.
PART VI - CONTROL OF PLACES, VESSELS, OFFENSIVE
WEAPONS, ETC.
32 Curfew orders
(1) The Minister may, if he is satisfied that it is necessary in the interests of
public order to do so, by order (hereinafter referred to as a curfew order)
direct that within such area and during such hours as may be specified in the
curfew order every person or, as the case may be, every member of any class
of persons specified in the curfew order shall, save under and in accordance
with a written permit issued under subsection (3), be and remain inside a
building or enclosed premises.
(2) A curfew order shall remain in force for such period not exceeding 1 month as
may be therein specified:
Provided that the Minister shall forthwith revoke a curfew order where he is
satisfied that the order is no longer necessary in the interests of public order.
Public Order Act CAP. 20.36 Section 33
2008 Revised Edition
Page 21
(3) The Commissioner of Police or an officer in charge of police may issue to any
person a written permit for the purposes of subsection (1).
(4) A permit issued under subsection (3) shall be subject to such terms and
conditions as the Commissioner of Police or the officer in charge of police, as
the case may be, thinks fit and may be revoked by the Commissioner of Police
or the officer in charge of police at any time.
(5) Upon revocation of a permit under subsection (4) the Commissioner of Police
or the officer in charge of police, as the case may be, shall serve on the permit
holder either personally or by post notice in writing of the revocation and
upon receipt of the notice the permit holder shall forthwith surrender his
permit.
(6) Any person who contravenes —
(a) any of the provisions of a curfew order; or
(b) any term or condition to which a permit issued under subsection (3) is
subject,
shall be liable to a fine of $200 and to imprisonment for 2 years.
(7) Notwithstanding the provisions of this section the following persons shall not
be subject to or obliged to comply with any of the provisions of a curfew
order when on duty or proceeding to or from duty —
(a) a police officer;
(b) a special constable;
(c) a police or constabulary officer of another territory present in Tuvalu in
response to an application by the Minister;
(d) a member of Her Majesty’s forces for Tuvalu;
(e) a member of the Medical Staff;
(f) a member of any Government service or department or of any other
class of persons designated by the Minister by notice for the purposes
of a particular curfew order.
(8) Whenever the Minister considers it necessary a curfew order may provide that
subsection (7) shall not apply in the case of that curfew order with respect to
such of the persons specified in that subsection as may be prescribed by the
curfew order.
33 Carrying offensive weapons during a curfew
(1) Any person who without lawful authority or reasonable excuse carries or has
in his possession in any area in which a curfew order is in force and during
the hours during which the curfew imposed thereby is operative any offensive
weapon shall be liable to a fine of $300 and to imprisonment for 3 years.
Section 34 CAP. 20.36 Public Order Act
2008 Revised Edition Page 22
(2) For the purposes of this section a person shall not be deemed to be acting in
pursuance of lawful authority unless he is on duty in one of the capacities
specified in section 16(3).
(3) A person shall not be convicted of an offence under this section if he proves
to the satisfaction of the court that he carried or had in his possession the
offensive weapon solely for domestic or defensive purposes within a building
or enclosed premises which he was lawfully occupying or in which he was
lawfully present.
(4) Where any person is convicted of an offence under subsection (1) the court
may make an order for the forfeiture of any offensive weapon in respect of
which the offence was committed.
34 Prohibition of offensive weapons in public places
(1) Any person who without lawful authority or reasonable excuse has with him
in any public place any offensive weapon shall be liable to a fine of $100 and
to imprisonment for 1 year.
(2) For the purposes of this section a person shall not be deemed to be acting in
pursuance of lawful authority unless he is on duty in one of the capacities
specified in section 16(3).
(3) Where any person is convicted of an offence under subsection (1) the court
may make an order for the forfeiture of any offensive weapon in respect of
which the offence was committed.
35 Power of Minister to prohibit the movement of vessels or aircraft
(1) The Minister may, if he is satisfied that it is necessary in the interests of
public order to do so, by order prohibit or control the landing, taking off or
movement of any aircraft or class of aircraft or the movement or anchorage of
any vessel or the use of any waters in Tuvalu by all vessels or any vessel or
class of vessel during such hours and for such a period and subject to such
conditions as may be specified in the order.
(2) Any person who contravenes an order under subsection (1) shall be liable to a
fine of $200 and to imprisonment for 2 years.
(3) Any police officer or other public officer may take such steps and use such
force as may be reasonable and necessary to secure compliance with any order
under subsection (1).
36 Detention of vessels and aircraft
(1) The Minister may, if he is satisfied that it is necessary in the interests of
public order to do so, give such orders as may appear to him to be necessary
Public Order Act CAP. 20.36 Section 37
2008 Revised Edition
Page 23
for the detention of any vessel or aircraft or any class of vessel or aircraft and
for the detention of any of the persons on board the vessel or aircraft so far as
this may be necessary to ensure the detention of the vessel or aircraft.
(2) Any person detained under subsection (1) shall be deemed to be in
lawful custody.
(3) Any police officer or other public officer may in relation to any vessel or
aircraft or any persons on board take such steps and use such force as may be
reasonable and necessary to secure compliance with any order under
subsection (1).
(4) The Minister may give orders for the release of any vessel, aircraft or person
detained under this section and for the departure thereof from Tuvalu.
(5) In this section “person on board” means any person who is or was on board
the vessel or aircraft —
(a) at the time of its arrival in Tuvalu; or
(b) at the time of its detention under this section; or
(c) at any time between the time of its arrival or detention and its final
departure from Tuvalu.
(6) This section shall be in addition to and not in derogation of any other law in
relation to the deportation, removal or expulsion of persons from Tuvalu.
PART VII - CLOSED AREAS
37 Closed areas
(1) The Minister may, if he is satisfied that by reason of particular circumstances
existing in Tuvalu or in any other part thereof it is necessary for the
prevention of serious public disorder to do so, by order declare any island or
other place to be a closed area.
(2) An order under subsection (1) shall remain in force for such period not
exceeding 3 months as may be therein specified:
Provided that the Minister shall forthwith revoke such an order where he is
satisfied that the order is no longer necessary for the prevention of serious
public disorder.
(3) The Commissioner of Police or an officer in charge of police and such other
person as may be designated in any order under subsection (1) may cause a
closed area to be closed by the erection of barriers or otherwise.
Section 38 CAP. 20.36 Public Order Act
2008 Revised Edition Page 24
38 Permits to enter and leave closed areas
(1) In the case of any closed area a written permit may be issued —
(a) by the Commissioner of Police or an officer in charge of police; or
(b) by such authority or person as may be designated for that purpose by
the Minister in any order under section 37,
to any person permitting that person to enter or leave the closed area.
(2) A permit issued under subsection (1) shall be subject to such terms and
conditions as the person by whom it is issued thinks fit and may be revoked
by such person at any time.
(3) Upon revocation of a permit under this section the person revoking the permit
shall serve on the permit holder either personally or by post notice in writing
of the revocation and upon receipt of the notice the permit holder shall
forthwith surrender his permit.
39 Prohibition on entering or leaving closed area without permit
(1) Any person who —
(a) enters or leaves a closed area save under and in accordance with a
permit issued under section 38(1); or
(b) contravenes any term or condition to which any such permit is subject,
shall be liable to a fine of $200 and to imprisonment for 2 years.
(2) No offence shall be committed under subsection (1) if the person entering or
leaving a closed area is a police officer or other public officer acting in the
course of his duty.
40 Power of arrest
(1) Without prejudice to the provisions of this Act or of any other law any police
officer or guard may without warrant arrest —
(a) any person whom he finds in a closed area if he has reason to suspect
that such person has committed or is about to commit any offence;
(b) any person whom he finds committing an offence in a closed area;.
(c) any person whom he finds attempting to enter a closed area if he has
reason to suspect that such person has not been issued with a permit
under section 38(1) and is not a police officer or other public officer
acting in the course of his duty,
and may use such force as may be reasonable and necessary for the purpose.
(2) Any person arrested under subsection (1) by a guard shall be delivered into
the custody of a police officer as soon as practicable.
Public Order Act CAP. 20.36 Section 41
2008 Revised Edition
Page 25
(3) Any police officer may —
(a) detain any person found in a closed area who has entered the closed
area in contravention of section 39, or has contravened any term or
condition to which a permit issued to him under section 38(1) is
subject, for such time as may be necessary to ensure his orderly
removal therefrom; and
(b) remove from a closed area any person such as is referred to in
paragraph (a).
(4) In this section “guard” means —
(a) any person appointed to guard a closed area by the Minister; and
(b) any person appointed to guard a closed area by such authority or person
as may be designated for that purpose by the Minister in any order
under section 37.
PART VIII - GENERAL
41 Procedure where consent of Attorney-General to prosecution required
Where in this Act it is provided that no prosecution for an offence shall be instituted
without the consent of the Attorney-General a person may be arrested or a warrant
of arrest may be issued and executed for such offence and any such person may be
remanded in custody or on bail notwithstanding that the consent of the Attorney-
General to the institution of a prosecution for the offence has not been obtained, but
no further or other proceedings shall be taken unless that consent has been obtained.
42 Police powers of arrest
Any police officer may without warrant arrest any person committing or reasonably
suspected of being about to commit or of having committed any offence under this
Act.
43 Use of force
Without prejudice to any other powers conferred by this Act any police officer may
use such force as may be both reasonable and necessary —
(a) to prevent the commission or continuance of any offence under
this Act;
(b) to effect an arrest in accordance with section 42;
(c) to overcome any resistance to the exercise of any of the powers
conferred by this Act.
Section 44 CAP. 20.36 Public Order Act
2008 Revised Edition Page 26
44 Offences by societies, etc.
Where any offence under this Act is committed by any society, every person
charged with or concerned or acting in the control or management of the affairs or
activities of such society shall be guilty of that offence and liable to be punished
accordingly unless it is proved by such person that through no act or omission on his
part he was not aware that the offence was being or was intended or was about to be
committed, or that he took all reasonable steps to prevent its commission.
45 Power of entry and search
(1) Without prejudice to any other provision of this Act any officer in charge of
police and any police officer of or above the rank of Sergeant with the
assistance of such other police officers as may be necessary may —
(a) enter and search any premises or place whatsoever if he knows or has
reason to suspect that an offence under this Act is being or has been
committed therein or that there is therein any evidence of the
commission of an offence under this Act;
(b) search any person found in any premises or place which he may enter
and search under paragraph (a) ;
(c) stop, board and search any vessel or stop and search any vehicle if he
knows or has reason to suspect that there is therein any evidence of the
commission of an offence under this Act;
(d) seize, remove and detain anything which is or contains or appears to
him to be or to contain or to be likely to be or to contain evidence of the
commission of an offence under this Act.
(2) Any police officer may use such force as may be reasonable and necessary for
the exercise of the powers conferred by subsection (1) and any person found
in any premises or place or in any vessel or vehicle may be detained by any
police officer until that person has been searched under subsection (1).
(3) Any police officer may, using such force as may be reasonable and necessary,
enter any premises or place whatsoever if he knows or has reason to suspect
that —
(a) any person who has lately been in an unlawful assembly or a riot or
engaged in any unlawful purpose has escaped into such premises or
place; or
(b) persons about to commit a breach of the peace are assembled therein.
(4) A woman shall not be searched under this section except by a woman.
46 Proof of lawful authority or reasonable excuse
In any proceedings for an offence under this Act the proof of lawful authority or
reasonable excuse shall lie on the person charged with the offence.
Public Order Act CAP. 20.36 Section 47
2008 Revised Edition
Page 27
47 Power to require identifications
Any police officer may, for the purpose of preventing or detecting an offence under
this Act, require any person to give his correct name and address and to produce any
document in his possession by which he can be identified and any person failing to
comply with such a requirement shall be liable to a fine of $50 and to imprisonment
for 6 months.
48 Obstruction
(1) Any person who obstructs a police officer or any other person exercising any
power or performing any duty conferred or imposed on him by or under this
Act shall be liable to a fine of $50 and to imprisonment for 6 months.
(2) This section shall be without prejudice to section 117 of the Penal Code.4
49 Power of Minister to give directions
(1) The Minister may give such directions as he thinks fit with respect to the
exercise or performance by the Commissioner of Police, an officer in charge
of police or any police officer of the powers, functions or duties conferred or
imposed on him by or under this Act, either generally or in any particular
case.
(2) The Commissioner of Police, an officer in charge of police and any police
officer shall in the exercise or performance of the powers, functions or duties
referred to in subsection (1) comply with any directions given by the Minister
under that subsection.
50 Delegation of powers
The Commissioner of Police may —
(a) delegate to any police officer of or above the rank of Sergeant any of
the powers conferred on him by section 4, 11, 32 or 38; and
(b) delegate to any police officer of or above the rank of Inspector the
power conferred on him by section 17.
51 Indemnity to persons acting under Act
(1) Any person who uses such force as may be both reasonable and necessary for
any purpose in accordance with this Act shall not be liable in any criminal or
civil proceedings for having by the use of such force caused injury or death to
any person or damage to or loss of any property.
(2) Without prejudice to subsection (1) no police officer or other public officer or
special constable or guard as defined by section 40(4) or other person shall be
Section 51 CAP. 20.36 Public Order Act
2008 Revised Edition Page 28
liable in damages or otherwise for any act done by him in the performance or
exercise of any obligation, duty or power imposed or conferred on him by this
Act.
Public Order Act CAP. 20.36 ENDNOTES
2008 Revised Edition
Page 29
ENDNOTES
1 1990 Revised Edition, Cap. 20.36 – Acts 8 of 1973, 23 of 1974
2 LN 28/1973
3 Cap. 20.24
4 Cap. 10.20
