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CONSTITUTION OF TONGA - 2016 eDITION

By Tukufonua Ma'a Tonga , Wednesday, March 24, 2021


Be it known that the work of this particular indexing of a copy of the constitution from the pdf format into the web-text format was done by a member of the Tukufonua Ma'a Tonga, Inc. The indexing commenced on Wednesday, March 24, 2021 at around 3:00 PM Hawaii Time in the State of Hawaii, United States of America. 


A copy of the 2016 Revised Edition attached as a reference! 

THE CONSTITUTION OF THE KINGDOM OF TONGA


Granted by His Majesty King George Tupou I on the fourth day of November One  thousand eight hundred and seventy-five and since amended in accordance with the law on  divers dates mentioned in the endnotes to this revised edition. 

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. 


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 theft 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.  


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. 


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. 


6. Freedom of the press 

(1) 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 defamation, official secrets or the laws for the protection of the King and the Royal Family. 


(2) It shall be lawful, in addition to the exceptions set out in sub-clause (1), to  enact such laws as are considered necessary or expedient in the public  interest, national security, public order, morality, cultural traditions of the  Kingdom, or privileges of the Legislative Assembly and to provide for  contempt of Court and the commission of any offence. 


(3) It shall be lawful to enact laws to regulate the operation of any media. 


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. 


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 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.


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 for which he is being 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 or fraudulent conversion  the jury shall be at liberty to find such person not guilty of  embezzlement or fraudulent conversion but guilty of theft and on the  trial of any person for theft the jury shall be at liberty to find such  person guilty of embezzlement or fraudulent conversion. 


(d) any Act may provide that a person charged with an offence may be  convicted of another offence (not being a more serious offence) arising  out of the same circumstances. 


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.


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. 


17. Government to be impartial 

The King shall reign 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. 


19. Expenditure to be voted 

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 Minister for Finance with the  consent of Cabinet, and the King shall at once convoke the Legislative  Assembly and the Minister for Finance shall state the grounds for the  expenditure and the amount. 


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. 


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

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 and sentenced to 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 the disabilities to  which he would otherwise be subject under the provisions of this clause: 


Provided that the operation of this clause shall be suspended in any case until the  expiration of 42 days after the date of the conviction; and in cases where notice of  appeal or leave to appeal is given within 42 days after the date of conviction, until the determination of the appeal; and if the conviction is quashed on appeal or the  sentence reduced to no more than 2 years imprisonment then this clause shall not  have effect. 


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 from another Government without first obtaining permission from Cabinet. 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. 


25.  (Repealed by Act 28 of 1978) 


26.  (Repealed by 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. 


28.  Qualifications for jurors 

Every Tongan who has arrived at the age of 21 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. Ministers of the Crown and the Governors, Members of the Legislative Assembly, Judges and Magistrates, heads of Government Departments  or Ministries, law practitioners, members of the police force and of the armed forces  of Tonga, officers of the Supreme Court, of the Magistrates Courts or of any prison,  ministers of religion, persons of unsound mind or persons incapable of serving by  reason of blindness, deafness or any other permanent physical infirmity shall be exempt from serving on juries. 


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 a Certificate 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 or town allotments. 


29A.  Law may declare specific naturalization 

(1) Notwithstanding clause 29 of this Constitution it shall be lawful for the King and the Legislative Assembly to enact specific laws declaring any persons  whether or not they have ever resided in Tonga to be or to have become  naturalized subjects of Tonga from any date. All persons who are declared to  be naturalized subjects of Tonga by any such legislation shall have, and shall  be deemed to have had from the effective dates of their naturalizations, the  same rights and privileges as other foreigners becoming naturalized subjects  of Tonga by the grant to them of Certificates of Naturalization. 


(2) For the avoidance of doubt, Clause 20 of this Constitution shall not apply to  any laws enacted in pursuance of sub-clause (1). 

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