PNG Constitution PDF

Chapter 1. Constitution of the Independent State of Papua New Guinea. Certified on: / /20. INDEPENDENT STATE OF PAPUA NEW GUINEA. Constitution of the Independent State of Papua New Guinea. ARRANGEMENT OF SECTIONS. 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. PREAMBLE PART I...

Chapter 1. Constitution of the Independent State of Papua New Guinea. Certified on: / /20. INDEPENDENT STATE OF PAPUA NEW GUINEA. Constitution of the Independent State of Papua New Guinea. ARRANGEMENT OF SECTIONS. 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. PREAMBLE PART I – INTRODUCTORY. Division 1 – The Nation. The Independent State of Papua New Guinea. The area of Papua New Guinea. National symbols. National Capital District. Provinces. Declaration of Loyalty. Oath of Allegiance. Division 2 – Interpretation. Principles of interpretation. PART II – THE NATIONAL LEGAL SYSTEM. Division 1 – The Laws of Papua New Guinea. The laws. Construction of written laws. Division 2 – Constitutional Laws. Subdivision A – Supreme Law. Constitution, etc., as Supreme Law. Organic Laws. Subdivision B – Constitutional Alteration and Organic Laws. Alterations of the Constitution. Making of alterations to the Constitution and Organic Laws. Urgent alterations. Indirect alterations. “Prescribed majority of votes”. Subdivision C – Constitutional Interpretation. Original interpretative jurisdiction of the Supreme Court. Special references to the Supreme Court. Division 3 – Adoption, Reception and Development of Certain Laws. Underlying law and pre-Independence statutes. 21. 22. 23. 24. 25. 26. 27. 28. 29. 30. 31. 32. 33. 34. 35. 36. 37. 38. 39. 40. 41. 42. 43. 44. 45. 46. 47. 48. 49. 50. 51. 52. 53. 54. 55. 56. 57. 58. Purpose of Schedule 2. Division 4 – General. Enforcement of the Constitution. Sanctions. Use of certain materials as aids to interpretation. PART III – BASIC PRINCIPLES OF GOVERNMENT. Division 1 – National Goals and Directive Principles. Implementation of the National Goals and Directive Principles. Division 2 – Leadership Code. Application of Division 2. Responsibilities of office. Further provisions. Prosecution of misconduct in office. Other authority. Disqualifications on dismissal. Division 3 – Basic Rights. Subdivision A – Introductory. Right to freedom. Other rights and freedoms, etc. Application of Division 3. Subdivision B – Fundamental Rights. Right to life. Freedom from inhuman treatment. Protection of the law. Subdivision C – Qualified Rights. General qualifications on qualified rights. “Reasonably justifiable in a democratic society”, etc. Validity of emergency laws. Proscribed acts. Liberty of the person. Freedom from forced labour. Freedom from arbitrary search and entry. Freedom of conscience, thought and religion. Freedom of expression. Freedom of assembly and association. Freedom of employment. Right to privacy. Right to vote and stand for public office. Right to freedom of information. Right to freedom of movement. Protection from unjust deprivation of property. Special provision in relation to certain lands. Equality of citizens. Other rights and privileges of citizens. Subdivision D – Enforcement. Enforcement of guaranteed rights and freedoms. Compensation. Division 4 – Principles of Natural Justice. – ii – 59. 60. 61. 62. 63. 64. 65. 66. 67. 68. 69. 70. 71. 72. 73. 74. 75. 76. 77. 78. 79. 80. 81. 82. 83. 84. 85. 86. 87. 88. 89. 90. 91. 92. 93. 94. 95. Principles of natural justice. Development of principles. Basic rights and freedoms. Decisions in “deliberate judgement”. Division 5 – Basic Social Obligations. Enforcement of the Basic Social Obligations. PART IV – CITIZENSHIP. Division 1 – Introductory. Dual citizenship. Division 2 – Acquisition of Citizenship. Automatic citizenship on Independence Day. Citizenship by descent. Citizenship by naturalization. Special provisions relating to naturalization. Application for naturalization. Division 3 – Loss and Regaining of Citizenship. Automatic loss of citizenship. Acts done under compulsion of law. Renunciation of citizenship. Regaining citizenship. Loss and regaining of citizenship by certain children. Division 4 – Citizenship Advisory Committee. The Committee. Functions of the Committee. Division 5 – General. Special provisions for certain persons. Effect of adoption. Place of birth of certain persons. “Residence”. Certificate as to citizenship. PART V – THE HEAD OF STATE. Division 1 – The Head of State. Queen and Head of State. Queen’s successors. Precedence. Royal Style and Titles. Division 2 – Functions, etc., of the Head of State. Functions, etc. Division 3 – Appointment, etc., of Governor-General. Qualifications for appointment. Appointment to office. Assumption of office. Declaration of Loyalty, etc. Normal term of office. Resignation. Dismissal and removal from office. Suspension from office. Acting Governor-General. – iii – 96. 97. 98. 99. 100. 101. 102. 103. 104. 105. 106. 107. 108. 109. 110. 111. 112. 113. 114. 115. 116. 117. 118. 119. 120. 121. 122. 123. 124. 125. 126. Terms and conditions of employment. Division 4 – General. Conveyance of decisions, etc. Acts, etc., of the Head of State. PART VI – THE NATIONAL GOVERNMENT. Division 1 – General Principles. Structure of Government. Division 2 – The National Parliament. Subdivision A – The Legislative Power. Exercise of the legislative power. Subdivision B – Composition of the National Parliament. Membership. Nominated members. Qualifications for and disqualifications from membership. “appeal” “statutory period allowed for appeals” Normal term of office. General elections. By-elections. Subdivision C – The Speaker and the Deputy Speaker. Offices of Speaker and Deputy Speaker. Functions of the Speaker and Deputy Speaker. Subdivision D – Powers, Privileges and Procedures. General power of law-making. Certification as to making of laws. Right to introduce bills, etc. Presiding in the Parliament. Quorum. Voting in the Parliament. Parliamentary privileges, etc. Disallowance of subordinate laws. Treaties, etc. “treaty” “treaty document” Subdivision E – The Committee System. Permanent Parliamentary Committees. Chairmen and Deputy Chairmen. Roles of Chairmen and Deputy Chairmen of Permanent Parliamentary Committees. Sessional Committees, Select Committees, etc. Arrangement of Parliamentary business in relation to Committees. Membership of Parliamentary Committees. Subdivision F – Calling, etc., of the Parliament. Calling, etc. Subdivision G – Electorates and Elections. Electorates. Elections. Subdivision H – Protection of Elections from Outside or Hidden Influence, and Strengthening of Political Parties. – iv – 127. 128. 129. 130. Purposes of Subdivision H. “Registered political party”. Integrity of political parties. Integrity of candidates. “electoral expenses” “personal expenses” 130A. Provisions relating to political parties. Subdivision I – General. [131. Repealed] 132. The Parliamentary Service. 133. Standing Orders. 134. Proceedings non-justiciable. 135. Questions as to membership, etc. 136. Validation of Acts of the Parliament. Division 3 – Special Instances of the Legislative Power. 137. Acts of Indemnity. Division 4 – The National Executive. Subdivision A – The National Executive and the Executive Power. 138. Vesting of the executive power. 139. The National Executive. 140. Conferring of powers, etc., outside the National Executive. Subdivision B – The Ministry. 141. Nature of the Ministry: collective responsibility. 142. The Prime Minister. 143. Acting Prime Minister. 144. Other Ministers. 145. Motions of no confidence. 146. Resignation. 147. Normal term of office. 148. Functions, etc., of Ministers. Subdivision C – The National Executive Council. 149. The National Executive Council. 150. The Secretary to the National Executive Council. Subdivision D – The Power of Mercy. 151. Grant of pardon, etc. 152. Advisory Committee on the Power of Mercy. Subdivision E – General. 153. Validity of executive acts. Division 5 – The Administration of Justice. Subdivision A – General Structure and Principles of the National Justice Administration. 154. The National Justice Administration. 155. The National Judicial System. 156. The Law Officers. 157. Independence of the National Judicial System. Subdivision B – The Judicial Power. 158. Exercise of the judicial power. 159. Tribunals, etc., outside the National Judicial System. Subdivision C – The Supreme Court of Justice. –v– 160. 161. 162. 163. 164. 165. 166. 167. 168. 169. 170. 171. 172. 173. 174. 175. 176. 177. 178. 179. 180. 181. 182. 183. 184. 185. 186. 187. 187A. 187B. 187C. 187D. 187E. 187F. 187G. 187H. 187I. 187J. Establishment of the Supreme Court. Composition of the Supreme Court. Jurisdiction of the Supreme Court. Subdivision D – The National Court of Justice. Establishment of the National Court. Composition of the National Court. Acting Judges. Jurisdiction of the National Court. Assistant Judges. Subdivision E – Appointment, etc., of Judges. Qualifications. Appointment, etc., of the Chief Justice. Appointment of other Judges. Seniority of Judges. Subdivision F – Inferior Courts, the Magisterial Service, etc. Establishment of other courts. Establishment of the Magisterial Service. Magistrates, etc., outside the Magisterial Service. The Chief Magistrate. Subdivision G – The Public Prosecutor and the Public Solicitor. Establishment of offices. Functions of the Public Prosecutor and the Public Solicitor. Subdivision H – Removal from Office of Senior Judicial and Legal Office-holders. Grounds of removal. Removal from office of Chief Justice. Removal from office of other Judges, etc. Constitution, etc., of tribunals. Suspension. Subdivision I – The Judicial and Legal Services Commission. Establishment of the Commission. Subdivision J – Miscellaneous. Rules of court. Lack of procedural provision. Juries and assessors. Reports by Judges. PART VIA – PROVINCIAL GOVERNMENTS AND LOCAL-LEVEL GOVERNMENTS. Provincial Governments and Local-level Governments system. Grant of Provincial Government and Local-level Government. Constitution, functions, etc., of Provincial Governments and Local-level Governments. Inconsistency and justiciability of provincial laws and local-level laws. Suspension of Provincial Governments and Local-level Governments. Re-establishment of Provincial Governments and Local-level Governments. Gradations of Provincial Governments and Local-level Governments. National Economic and Fiscal Commission. Local and village governments. Reports on Provincial Governments and Local-level Governments. – vi – PART VII – THE STATE SERVICES. Division 1 – Introductory. 188. Establishment of the State Services. 189. Civilian control. Division 2 – The Public Services Commission. 190. Establishment of the Commission. 191. Functions of the Commission. 192. Independence of the Commission. 193. Appointments to certain offices. 194. “Personnel matters”. Division 3 – The State Services Generally. 195. Organization, etc., of the State Services. Division 4 – Special Provisions in Relation to the Police Force. 196. Control of the Police Force. 197. Functions of the Police Force. 198. Commissioner of Police. 199. Other forces. Division 5 – Special Provisions in Relation to the Defence Force. 200. Raising unauthorized forces. 201. Control of the Defence Force. 202. Functions of the Defence Force. 203. Application of general law. 204. Call-out in aid to the civil power. 205. Active service. 206. Visiting forces. Division 6 – Special Provisions relating to Disciplined Forces. 207. Definition of “disciplined force”. 208. Protection of members of disciplined forces. PART VIIA – REGULATORY STATUTORY AUTHORITIES. 208A. DECLARATION OF REGULATORY STATUTORY AUTHORITIES. 208B. APPOINTMENTS TO CERTAIN OFFICES OF REGULATORY STATUTORY AUTHORITIES. PART VIII – SUPERVISION AND CONTROL. Division 1 – Public Finances. Subdivision A – The Parliament and Finance. 209. Parliamentary responsibility. 210. Executive initiative. 211. Accounting, etc., for public moneys. 212. Revenue and expenditure without prior approval. Subdivision B – The Auditor-General. 213. Establishment of the office of Auditor-General. 214. Functions of the Auditor-General. Subdivision C – The Public Accounts Committee. 215. Establishment of the Committee. 216. Functions of the Committee. Division 1A – Salaries and Remuneration Commission. 216A. The Salaries and Remuneration Commission. Division 2 – The Ombudsman Commission. – vii – 217. 218. 219. 220. 221. 222. 223. 224. 225. 226. 227. 228. 229. 230. 231. 232. 233. 234. 235. 236. 237. 238. 239. 240. 241. 242. 243. 244. 245. The Ombudsman Commission. Purposes of the Commission. Functions of the Commission. Reports by the Commission. PART IX – CONSTITUTIONAL OFFICE-HOLDERS AND CONSTITUTIONAL INSTITUTIONS. Definitions. “constitutional institution” “constitutional office-holder” Other provisions relating to constitutional office-holders and constitutional institutions. General provision for constitutional office-holders. Special provision for constitutional institutions. Provision of facilities, etc. PART X – EMERGENCY POWERS. Division 1 – Introductory. Definitions. “declaration of a national emergency” “emergency” “Emergency Act” “Emergency Committee” “emergency law” “emergency order” “Emergency Regulation” “internment” “period of declared national emergency” Division 2 – Periods of Declared National Emergency. Declaration of war. Declaration of national emergency. Termination of periods of declared national emergency. Division 3 – Emergency Measures. Emergency Acts. Emergency Regulations. Emergency orders. Content, operations, etc., of emergency laws. Release from custody on expiry, etc., of Emergency Regulations. Custody of members of Parliament under Emergency Regulations or in internment. Revocation, etc., of emergency laws, etc. Automatic termination of emergency laws, etc. Extension of Emergency Acts. Division 4 – Parliamentary Supervision and Control. Parliamentary control. Emergency Committees. Temporary Emergency Committees. Functions, etc., of Emergency Committees. Priority of emergency business in Parliament. Division 5 – Internment. Laws providing for internment. Internment. – viii – 246. 247. 248. 249. 250. 251. 252. 253. 254. 255. 256. 257. 258. 259. 260. 261. 262. 263. 264. 265. 266. 267. 268. 269. 270. 271. 272. 273. 274. 275. 276. 277. 278. Division 6 – Miscellaneous. Extension of tenure of Parliament and Governor-General. PART XI – MISCELLANEOUS. Legal capacity of the Independent State of Papua New Guinea. Vesting of rights and liabilities of former Government. Declarations by certain office-holders. Making of Declaration of Loyalty, etc. Taking certain oaths, etc., by non-citizens. The National Gazette. Slavery, etc. Filling of offices, etc. Consultation. Reports by public office-holders, etc. Proof of acts of the Constituent Assembly. Constitutional Regulations. Independent tribunals. PART XII – CONSTITUTIONAL REVIEW. General Constitutional Commission. Interim Constitutional Commission. Subordinate commissions and committees. Further definition, etc. PART XIII – IMMEDIATE AND TRANSITIONAL PROVISIONS. Effect of Part XIII. Dissolution of the Constituent Assembly. Provisional laws. Transitional laws. First Governor-General. First Parliament, electorates, etc. First Ministry. First Judges. Oaths, affirmation, etc. Treaties applying before Independence. Composition of certain constitutional institutions. Chairmanship of tribunal to review internments. PART XIV – BOUGAINVILLE GOVERNMENT AND BOUGAINVILLE REFERENDUM. Division 1 – Preliminary. Application of this Part. Non-Application of Part VIA. Interpretation. “Agreement” “Bougainville” “Bougainville Constituent Assembly” “Bougainville Constitution” “Bougainville Constitutional Commission” “Bougainville Constitutional Office-holder” “Bougainville Correctional Service” “Bougainville court” – ix – 279. 280. 281. 282. 283. 284. 285. 286. 287. 288. 289. 290. 291. 292. 293. 294. 295. 296. 297. 298. 299. 300. “Bougainville Executive” “Bougainville Government” “Bougainville Interim Provincial Government” “Bougainville law” “Bougainville Legislature” “Bougainville Police” “Bougainville Public Service” “Bougainville Referendum” “Bougainville Salaries and Remuneration Commission” “dispute resolution procedure” “fiscal self-reliance” “National law” “Referendum” “review” Division 2 – Arrangements for the Establishment of Bougainville Government. Autonomous Government for Bougainville. Bougainville Constitution. Bougainville Constitutional Commission. Structures of Bougainville Government to be contained in Bougainville Constitution. Consultation with National Executive Council. Bougainville Constituent Assembly. Endorsement of Bougainville Constitution. Legal Status of Bougainville Constitution. Amendment of Bougainville Constitution. Division 3 – Division of Functions and Powers between National Government and Bougainville Government and transfer of functions and powers to Bougainville Government. Division of functions and powers of government. Functions and powers of the National Government. Functions and powers available to the Bougainville Government. Functions and powers of the National Government and of the Bougainville Government in relation to criminal law. Subjects not specified in Sections 289, 290 and 291. International Obligations, etc., of the State in respect of the powers and functions of the Bougainville Government. Functions and powers of the Bougainville Government on establishment and within 12 months thereafter.. Process for transfer of functions and powers. Relationship of National and Bougainville Laws. Manner of implementation of transfer of functions and powers. National Government Assets and Land. Transfer or delegation of functions and powers. Division 4 – Powers and Functions of the Bougainville Government and Matters relative thereto affecting other provisions of this Constitution.. Subdivision 1 – Preliminary.. Bougainville Constitution and Bougainville Laws to form part of the laws of Papua New Guinea. –x– 301. 302. 303. 304. 305. 306. 307. 308. 309. 310. 311. 312. 313. 314. 315. 316. 317. 318. 319. 320. 321. 322. 323. 324. 325. 326. 327. 328. 329. 330. 331. Special references to the Supreme Court. Subdivision 2 – Code of Conduct, etc., and Leadership Code.. Code of conduct, etc., and leadership code. Subdivision 3 – Rights and Freedoms.. Qualifications on qualified rights. Guaranteed rights and freedoms. Subdivision 4 – Administration of Justice.. Operation of National Judicial System in Bougainville. Establishment of Courts in Bougainville. Establishment of tribunals in Bougainville. Jurisdiction of Bougainville Courts. Appointment of Judges, etc.,. Subdivision 5 – Bougainville Government Services.. Bougainville Government Services. Subdivision 6 – Bougainville Public Service.. Bougainville Public Service.. National Public Service in Bougainville. Subdivision 7 – Bougainville Police. Bougainville Police. Funding of the Bougainville Police. Police Force etc., in Bougainville.. Subdivision 8 – Bougainville Correctional Service.. Bougainville Correctional Service. Funding the Bougainville Correctional Service. Correctional Service of the National Government in Bougainville. Subdivision I – Bougainville Salaries and Remuneration Commission. Bougainville Salaries and Remuneration Commission. Salaries and Remuneration Commission. Subdivision J – Powers Relating to Constitutional Office-Holders. Bougainville Constitutional Office-Holders. Subdivision K – Emergency Powers. Bougainville Constitution may provide for emergencies. Declaration of National Emergencies in Bougainville. Division 5 – Fiscal Arrangements. Basic Principles of fiscal arrangements. Revenue Raising, etc., arrangements. Grants. Foreign Aid. Other Financial Powers and Accountability. Follow-up to Audit Reports. Division 6 – Intergovernment Relations and Review. Interpretation. “dispute” “dispute resolution procedure” “inter governmental relations” “Joint Supervisory Body” “review” Principles of InterGovernmental Relations. – xi – 332. 333. 334. 335. 336. 337. 338. 339. 340. 341. 342. 343. 344. 345. 346. 347. 348. 349. Joint Supervisory Body. Dispute Resolution Procedure. Mediation and Arbitration. Dispute Resolution in the Courts. Panel of Persons with Appropriate Expertise. Reviews. Division 7 – Bougainville Referendum. Referendum to be held. The Question or Questions to be put. Manner of Conducting Referendum. Referendum to be free and fair. Referendum Results and Implementation. Resolution of Differences on Referendum. Division 8 – Immunity from Prosecution. Immunity from Prosecution. Division 9 – Miscellaneous. Requirement for Amendment of this Part; etc. Prescribed Majority of Votes Required for this Part, etc.,. Organic Laws. Transitional Provisions. Constitutional Regulations. SCHEDULE 1 – RULES FOR SHORTENING AND INTERPRETATION OF THE CONSTITUTIONAL LAWS. SCHEDULE 2 – ADOPTION, ETC., OF CERTAIN LAWS. SCHEDULE 3 – DECLARATION OF OFFICE. SCHEDULE 4 – JUDICIAL DECLARATION. SCHEDULE 5 – ADOPTED LAWS OF OTHER COUNTRIES. SCHEDULE 6 –. – xii – INDEPENDENT STATE OF PAPUA NEW GUINEA. Constitution of the Independent State of Papua New Guinea, Preamble Adoption of Constitution. WE, THE PEOPLE OF PAPUA NEW GUINEA– ·united in one nation ·pay homage to the memory of our ancestors—the source of our strength and origin of our combined heritage ·acknowledge the worthy customs and traditional wisdoms of our people— which have come down to us from generation to generation ·pledge ourselves to guard and pass on to those who come after us our noble traditions and the Christian principles that are ours now. By authority of our inherent right as ancient, free and independent peoples WE, THE PEOPLE, do now establish this sovereign nation and declare ourselves, under the guiding hand of God, to be the Independent State of Papua New Guinea. AND WE ASSERT, by virtue of that authority ·that all power belongs to the people—acting through their duly elected representatives ·that respect for the dignity of the individual and community interdependence are basic principles of our society ·that we guard with our lives our national identity, integrity and self respect ·that we reject violence and seek consensus as a means of solving our common problems ·that our national wealth, won by honest, hard work be equitably shared by all Constitution of the Independent State of Papua New G 9999 Preamble WE DO NOW THEREFORE DECLARE that we, having resolved to enact a Constitution for the Independent State of Papua New Guinea AND ACTING through our Constituent Assembly on 15 August 1975 HEREBY ESTABLISH, ADOPT and GIVE TO OURSELVES this Constitution to come into effect on Independence Day, that is 16 September 1975. IN SO DOING WE, THE PEOPLE OF PAPUA NEW GUINEA, SET BEFORE OURSELVES THESE NATIONAL GOALS AND DIRECTIVE PRINCIPLES THAT UNDERLIE OUR CONSTITUTION:– National Goals and Directive Principles. WE HEREBY PROCLAIM the following aims as our National Goals, and direct all persons and bodies, corporate and unincorporate, to be guided by these our declared Directives in pursuing and achieving our aims:– 1. Integral human development. We declare our first goal to be for every person to be dynamically involved in the process of freeing himself or herself from every form of domination or oppression so that each man or woman will have the opportunity to develop as a whole person in relationship with others. WE ACCORDINGLY CALL FOR– (1) everyone to be involved in our endeavours to achieve integral human development of the whole person for every person and to seek fulfilment through his or her contribution to the common good; and (2) education to be based on mutual respect and dialogue, and to promote awareness of our human potential and motivation to achieve our National Goals through self-reliant effort; and (3) all forms of beneficial creativity, including sciences and cultures, to be actively encouraged; and (4) improvement in the level of nutrition and the standard of public health to enable our people to attain self fulfilment; and (5) the family unit to be recognized as the fundamental basis of our society, and for every step to be taken to promote the moral, cultural, economic and social standing of the Melanesian family; and (6) development to take place primarily through the use of Papua New Guinean forms of social and political organization. 2. Equality and participation We declare our second goal to be for all citizens to have an equal opportunity to participate in, and benefit from, the development of our country. WE ACCORDINGLY CALL FOR– (1) an equal opportunity for every citizen to take part in the political, economic, social, religious and cultural life of the country; and –2– Constitution of the Independent State of Papua New G 9999 (2) the creation of political structures that will enable effective, meaningful participation by our people in that life, and in view of the rich cultural and ethnic diversity of our people for those structures to provide for substantial decentralization of all forms of government activity; and (3) every effort to be made to achieve an equitable distribution of incomes and other benefits of development among individuals and throughout the various parts of the country; and (4) equalization of services in all parts of the country, and for every citizen to have equal access to legal processes and all services, governmental and otherwise, that are required for the fulfilment of his or her real needs and aspirations; and (5) equal participation by women citizens in all political, economic, social and religious activities; and (6) the maximization of the number of citizens participating in every aspect of development; and (7) active steps to be taken to facilitate the organization and legal recognition of all groups engaging in development activities; and (8) means to be provided to ensure that any citizen can exercise his personal creativity and enterprise in pursuit of fulfilment that is consistent with the common good, and for no citizen to be deprived of this opportunity because of the predominant position of another; and (9) every citizen to be able to participate, either directly or through a representative, in the consideration of any matter affecting his interests or the interests of his community; and (10) all persons and governmental bodies of Papua New Guinea to ensure that, as far as possible, political and official bodies are so composed as to be broadly representative of citizens from the various areas of the country; and (11) all persons and governmental bodies to endeavour to achieve universal literacy in Pisin, Hiri Motu or English, and in “tok ples” or “ita eda tano gado”; and (12) recognition of the principles that a complete relationship in marriage rests on equality of rights and duties of the partners, and that responsible parenthood is based on that equality. 3. National sovereignty and self-reliance We declare our third goal to be for Papua New Guinea to be politically and economically independent, and our economy basically self-reliant. WE ACCORDINGLY CALL FOR– (1) (2) (3) our leaders to be committed to these National Goals and Directive Principles, to ensure that their freedom to make decisions is not restricted by obligations to or relationship with others, and to make all of their decisions in the national interest; and all governmental bodies to base their planning for political, economic and social development on these Goals and Principles; and internal interdependence and solidarity among citizens, and between provinces, to be actively promoted; and –3– Preamble Constitution of the Independent State of Papua New G 9999 Preamble (4) citizens and governmental bodies to have control of the bulk of economic enterprise and production; and (5) strict control of foreign investment capital and wise assessment of foreign ideas and values so that these will be subordinate to the goal of national sovereignty and self-reliance, and in particular for the entry of foreign capital to be geared to internal social and economic policies and to the integrity of the Nation and the People; and (6) the State to take effective measures to control and actively participate in the national economy, and in particular to control major enterprises engaged in the exploitation of natural resources; and (7) economic development to take place primarily by the use of skills and resources available in the country either from citizens or the State and not in dependence on imported skills and resources; and (8) the constant recognition of our sovereignty, which must not be undermined by dependence on foreign assistance of any sort, and in particular for no investment, military or foreign-aid agreement or understanding to be entered into that imperils our self-reliance and selfrespect, or our commitment to these National Goals and Directive Principles, or that may lead to substantial dependence upon or influence by any country, investor, lender or donor. 4. Natural resources and environment We declare our fourth goal to be for Papua New Guinea’s natural resources and environment to be conserved and used for the collective benefit of us all, and be replenished for the benefit of future generations. WE ACCORDINGLY CALL FOR– (1) wise use to be made of our natural resources and the environment in and on the land or seabed, in the sea, under the land, and in the air, in the interests of our development and in trust for future generations; and (2) the conservation and replenishment, for the benefit of ourselves and posterity, of the environment and its sacred, scenic, and historical qualities; and (3) all necessary steps to be taken to give adequate protection to our valued birds, animals, fish, insects, plants and trees. 5. Papua New Guinean ways We declare our fifth goal to be to achieve development primarily through the use of Papua New Guinean forms of social, political and economic organization. WE ACCORDINGLY CALL FOR– (1) (2) a fundamental re-orientation of our attitudes and the institutions of government, commerce, education and religion towards Papua New Guinean forms of participation, consultation, and consensus, and a continuous renewal of the responsiveness of these institutions to the needs and attitudes of the People; and particular emphasis in our economic development to be placed on smallscale artisan, service and business activity; and –4– Constitution of the Independent State of Papua New G 9999 (3) (4) recognition that the cultural, commercial and ethnic diversity of our people is a positive strength, and for the fostering of a respect for, and appreciation of, traditional ways of life and culture, including language, in all their richness and variety, as well as for a willingness to apply these ways dynamically and creatively for the tasks of development; and traditional villages and communities to remain as viable units of Papua New Guinean society, and for active steps to be taken to improve their cultural, social, economic and ethical quality. Basic Rights. WE HEREBY ACKNOWLEDGE that, subject to any restrictions imposed by law on non-citizens, all persons in our country are entitled to the fundamental rights and freedoms of the individual, that is to say, the right, whatever their race, tribe, places of origin, political opinion, colour, creed or sex, but subject to respect for the rights and freedoms of others and for the legitimate public interest, to each of the following:– (a) (b) (c) (d) life, liberty, security of the person and the protection of the law; and the right to take part in political activities; and freedom from inhuman treatment and forced labour; and freedom of conscience, of expression, of information and of assembly and association; and (e) freedom of employment and freedom of movement; and (f) protection for the privacy of their homes and other property and from unjust deprivation of property, and have accordingly included in this Constitution provisions designed to afford protection to those rights and freedoms, subject to such limitations on that protection as are contained in those provisions, being limitations primarily designed to ensure that the enjoyment of the acknowledged rights and freedoms by an individual does not prejudice the rights and freedoms of others or the legitimate public interest. Basic Social Obligations. WE HEREBY DECLARE that all persons in our country have the following basic obligations to themselves and their descendants, to each other, and to the Nation:– (a) (b) (c) (d) (e) (f) to respect, and to act in the spirit of, this Constitution; and to recognize that they can fully develop their capabilities and advance their true interests only by active participation in the development of the national community as a whole; and to exercise the rights guaranteed or conferred by this Constitution, and to use the opportunities made available to them under it to participate fully in the government of the Nation; and to protect Papua New Guinea and to safeguard the national wealth, resources and environment in the interests not only of the present generation but also of future generations; and to work according to their talents in socially useful employment, and if necessary to create for themselves legitimate opportunities for such employment; and to respect the rights and freedoms of others, and to co-operate fully with others in the interests of interdependence and solidarity; and –5– Preamble Constitution of the Independent State of Papua New G 9999 s. 1. (g) to contribute, as required by law, according to their means to the revenues required for the advancement of the Nation and the purposes of Papua New Guinea; and (h) in the case of parents, to support, assist and educate their children (whether born in or out of wedlock), and in particular to give them a true understanding of their basic rights and obligations and of the National Goals and Directive Principles; and (i) in the case of the children, to respect their parents. IN ADDITION, WE HEREBY DECLARE that all citizens have an obligation to themselves and their descendants, to each other and to the Nation to use profits from economic activities in the advancement of our country and our people, and that the law may impose a similar obligation on non-citizens carrying on economic activities in or from our country. Being an Act to PART I. – INTRODUCTORY. Division 1. – The Nation. 1. THE INDEPENDENT STATE OF PAPUA NEW GUINEA. (1) Papua New Guinea is a sovereign, independent State by the name of the Independent State of Papua New Guinea. (2) The name of the Independent State of Papua New Guinea and its variants shall be protected by an Act of the Parliament. 2. THE AREA OF PAPUA NEW GUINEA. (1) The area of Papua New Guinea consists of the area that, immediately before Independence Day, constituted what was then known as Papua New Guinea, together with all internal waters and the territorial sea and underlying lands, and, subject to disclaimer by resolution of the Parliament at or before the end of its next meeting, includes such neighbouring waters and such lands underlying any such waters, and such additional lands and waters, as are declared by the Head of State, acting with, and in accordance with, the advice of the National Executive Council, to be part of that area. (2) The sovereignty of Papua New Guinea over its territory, and over the natural resources of its territory, is and shall remain absolute, subject only to such obligations at international law as are freely accepted by Papua New Guinea in accordance with this Constitution. 3. NATIONAL SYMBOLS. (1) Acts of the Parliament may make provision for and in respect of– (a) (b) (c) (d) (e) a National Flag; and a National Emblem; and a National Motto; and a National Seal; and a National Anthem. –6– Constitution of the Independent State of Papua New G 9999 (2) Until such time as other provision is made in accordance with Subsection (1), the National Flag, National Emblem and National Seal are those that were in use immediately before Independence Day. 4. NATIONAL CAPITAL DISTRICT. (1) There shall be a National Capital District. (2) The Seat of Government shall be in the National Capital District. (3) The boundaries of the National Capital District shall be as defined by an Organic Law. (4) An Organic Law or an Act of the Parliament shall make provision in respect of the government of the National Capital District. (5) In calculating the number of provincial electorates in accordance with Section 125 (electorates), the National Capital District shall be taken into account as if it were a province. 5. PROVINCES. (1) An Organic Law may declare, or make provision in respect of the declaration of, part of the country as provinces. (2) An Organic Law may provide for, or make provision in respect of, the creation of new provinces by the amalgamation or division of existing provinces or for the variation of the boundaries of a province. 6. DECLARATION OF LOYALTY. Where a law requires a Declaration of Loyalty to be made, it shall be made in the following form:– “I,…, realizing fully the responsibilities to which I am committing myself and the consequences of not living up to this Declaration and those responsibilities, freely and willingly declare my loyalty to the Independent State of Papua New Guinea and its People and to the Constitution of Papua New Guinea adopted by the Constituent Assembly on 15 August 1975, as altered from time to time in accordance with its provisions, and promise that I will uphold the Constitution and the laws of Papua New Guinea.”. 7. OATH OF ALLEGIANCE. Where a law requires an Oath of Allegiance or Affirmation of Allegiance to be made, it shall be made in the following form:– “Oath of Allegiance. I,…, do swear that I will well and truly serve and bear true allegiance to Her Majesty Queen Elizabeth II. Her heirs and successors according to law. SO HELP ME GOD. Affirmation of Allegiance. –7– s. 4. Constitution of the Independent State of Papua New G 9999 s. 8. I,…, do promise and affirm that I will well and truly serve Her Majesty Queen Elizabeth II. Her heirs and successors according to law.”. Division 2. – Interpretation. 8. PRINCIPLES OF INTERPRETATION. For the purpose of the interpretation of this Constitution and the Organic Laws, the provisions of Schedule 1 (Rules for Shortening and Interpretation of the Constitutional Laws) applies and, subject to that Schedule, the underlying law applies. –8– Constitution of the Independent State of Papua New G 9999 PART II. – THE NATIONAL LEGAL SYSTEM. Division 1. – The Laws of Papua New Guinea. 9. THE LAWS. The laws of Papua New Guinea consist of– (a) (b) (c) (d) (da) (e) this Constitution; and the Organic Laws; and the Acts of the Parliament; and Emergency Regulations; and the provincial laws; and laws made under or adopted by or under this Constitution or any of those laws, including subordinate legislative enactments made under this Constitution or any of those laws; and (f) the underlying law, and none other. 10. CONSTRUCTION OF WRITTEN LAWS. All written laws (other than this Constitution) shall be read and construed subject to– (a) (b) (c) in any case–this Constitution; and in the case of Acts of the Parliament–any relevant Organic Laws; and in the case of adopted laws or subordinate legislative enactments–the Organic Laws and the laws by or under which they were enacted or made, and so as not to exceed the authority to make them properly given, to the intent that where any such law would, but for this section, have been in excess of the authority so given it shall nevertheless be a valid law to the extent to which it is not in excess of that authority. Division 2. – Constitutional Laws. Subdivision A. – Supreme Law. 11. CONSTITUTION, ETC., AS SUPREME LAW. (1) This Constitution and the Organic Laws are the Supreme Law of Papua New Guinea, and, subject to Section 10 (construction of written laws) all acts (whether legislative, executive or judicial) that are inconsistent with them are, to the extent of the inconsistency, invalid and ineffective. (2) The provisions of this Constitution and of the Organic Laws are self-executing to the fullest extent that their respective natures and subject-matters permit. 12. ORGANIC LAWS. (1)1 2Subject to Subsection (4), for the purpose of this Constitution, an Organic Law is a law made by the Parliament that is – 1 2 Section 12 Subsection (1) substituted by No. 883 of 2006, s. 1. Section 12 Subsection (1) substituted by No. 883 of 2006, s. 1. –9– s. 9. Constitution of the Independent State of Papua New G 9999 s. 13. (a) for or in the respect of a matter provision for which by way of an Organic Law is authorized by this Constitution; and (b) not inconsistent with this Constitution; and (c) expressed to be an Organic Law. (2) An Organic Law may be altered only by another Organic Law, or by an alteration to this Constitution. (3) Nothing in this section prevents an Organic Law from– (a) (b) making any provision that might be made by an Act of the Parliament; or requiring any provision to be made by an Act of the Parliament that might otherwise be so made, but any such provision may be altered by the same majority that is required for any other Act of the Parliament. (4)3 4Where this Constitution authorizes an Organic Law to make provision for any matter, the Organic Law may – (a) (b) make full provision for all aspects of that matter notwithstanding that all such aspects have not been expressly referred to in the provision authorizing the Organic Law except where this Constitution expressly limits the aspects of that matter for which provision may be made in an Organic Law; and may impose conditions, restrictions or modifications in respect of that matter or any aspect of it, except where this Constitution expressly states that conditions, restrictions or modifications shall not be imposed in respect of that matter. Subdivision B. – Constitutional Alteration and Organic Laws. 13. ALTERATIONS OF THE CONSTITUTION. This Constitution may be altered only by law made by the Parliament that– (a) (b) 14. is expressed to be a law to alter this Constitution; and is made and certified in accordance with Section 14 (making of alterations to the Constitution and Organic Laws). MAKING OF ALTERATIONS TO THE CONSTITUTION AND ORGANIC LAWS. (1) Subject to Sections 12(3) (Organic Laws) and 15 (urgent alterations), a proposed law to alter this Constitution, or a proposed Organic Law, must be supported on a division in accordance with the Standing Orders of the Parliament by the prescribed majority of votes determined in accordance with Section 17 (“prescribed majority of votes”) expressed on at least two occasions after opportunity for debate on the merits. (2) Subject to Section 15 (urgent alterations), the opportunities for debate referred to in Subsection (1) must have been– (a) (b) 3 4 during different meetings of the Parliament; and separated in time by at least two months, Section 12 Subsection (4) inserted by No. 883 of 2006, s. 1. Section 12 Subsection (4) inserted by No. 883 of 2006, s. 1. – 10 – Constitution of the Independent State of Papua New G 9999 and the proposed law must be published by the Speaker in full in the National Gazette, and circulated, in accordance with the Standing Orders of the Parliament, to all members of the Parliament not less than one month before it is formally introduced into the Parliament. (3) Amendments to a proposed law to amend this Constitution or a proposed Organic Law shall not be moved unless they have been circulated to members of the Parliament before the end of the meeting of the Parliament at which the first opportunity for debate referred to in Subsection (1) occurs. (4) Subject to Subsection (6), in his certificate given under Section 110 (certification as to making of laws), the Speaker must certify that the requirements of Subsections (1), (2) and (3) or Section 15 (urgent alterations), as the case may be, have been complied with. (5) The certificate referred to in Subsection (4) shall state– (a) (b) the date on which each vote was taken; and in relation to each vote– (i) the number of seats in the Parliament at the time; and (ii) the respective numbers of members of the Parliament voting for and against the proposal, and where the requirements of Subsection (2) were waived under Section 15 (urgent alterations) for and against the motion for the waiver, and is, in the absence of proof to the contrary, conclusive evidence of the matter so stated. (6) Unless the Parliament decides otherwise in any particular case, Subsection (1) does not apply where the Speaker, after consultation with the Chief Justice or a Judge nominated by the Chief Justice for the purpose, certifies that the proposed law– (a) (b) (c) does not affect the substance of any provision to be altered by it; or is designed to correct a self-evident error or omission; or is merely incidental to or consequential on some other alteration of this Constitution or of any other law, and such a law may be made in the same way as Acts of the Parliament. (7) The Supreme Court may, on the application of any person made within four weeks after the date of a certificate under Subsection (6) or such further time as a Judge, on application made within that period, considers reasonable in the particular circumstances, disallow the certificate, but otherwise the certificate is conclusive. 15. URGENT ALTERATIONS. (1) The provisions of this section cease to have effect at the first moment of the fourth anniversary of Independence Day. (2) Subject to Subsection (5), the requirements of Section 14(2) (making of alterations to the Constitution and Organic Laws) may be waived, on the ground of urgency, by the Parliament by a division in accordance with the Standing Orders of the Parliament by a two-thirds absolute majority vote. (3) The requirements of Section 14(2) (making of alterations to the Constitution and Organic Laws) shall not be waived under Subsection (2) unless– (a) at least four days’ notice of the intention in accordance with the Standing Orders of the Parliament to invoke Subsection (2) has been given; and – 11 – s. 15. Constitution of the Independent State of Papua New G 9999 s. 16. (b) the proposed law has been circulated, in accordance with the Standing Orders of the Parliament, to all members of the Parliament and published in full by the Speaker in the National Gazette at least four days before the motion to invoke Subsection (2) is moved; and (c) the opportunities for debate referred to in Section 14(1) (making of alterations to the Constitution and Organic Laws) have been separated in time by at least two weeks, but not necessarily during different meetings of the Parliament. (4) Amendments to a proposed law to amend this Constitution or a proposed Organic Law to which this section applies shall not be moved unless they have been circulated to members of the Parliament before the end of the first debate on the matter. (5) This section does not apply to proposed laws to alter the following provisions of this Constitution, or Organic Laws made for the purposes of any such provision:– (a) (b) (c) (d) (e) (f) (g) (h) (i) (j) (k) (ka) (l) (m) (n) (o) (p) (q) 16. this section; the Preamble; Division II.2. (Constitutional Laws); Division III.1. (National Goals and Directive Principles); Division III.2. (leadership code); Division III.3. (basic rights); Division III.5. (basic social obligations); Part IV. (citizenship); Division VI.2. (the National Parliament); Division VI.3. (special instances of the legislative powers); Division VI.5. (the administration of justice); Part VIA. (provincial government and local level government); Division VII.2. (the Public Services Commission); Division VII.4. (special provisions in relation to the Police Force); Division VII.5. (special provisions in relation to the Defence Force); Part VIII. (supervision and control); Part IX. (constitutional office-holders and constitutional institutions); Part X. (emergency powers). INDIRECT ALTERATIONS. (1) No Constitutional Law takes effect so as to affect the operation of any provision of such a law in force immediately before the commencement of the first-mentioned law unless it was made in the manner and form required for the alteration of that provision. (2) For the avoidance of doubt, it is hereby declared that Subsection (1) extends to Schedule 1 (Rules for Shortening and Interpretation of the Constitutional Laws) in its application to any provision of this Constitution. 17. “PRESCRIBED MAJORITY OF VOTES”. (1) Subject to this section, in relation to a proposed law to alter any provision of this Constitution the prescribed majority of votes for the purposes of Section 14 (making of alterations to the Constitution and Organic Laws) is the majority of votes prescribed by this Constitution in relation to that provision, or if no majority is prescribed a two-thirds absolute majority vote. (2) For the purposes of Subsection (1) the prescribed majority of votes for this subsection, Sections 3, 6, 8, 20, 21, 23, 24, 26 to 31 (inclusive), 63, 68, 69, 73, 77 to 98 (inclusive), 101, 103, – 12 – Constitution of the Independent State of Papua New G 9999 104, 110, 117, 138, 139, 150, 156, 165, 167, 171, 184 to 187 (inclusive), 206, 248 to 252 (inclusive), 264 to 268 (inclusive), Sch.1.21, Sch.2.1 to Sch.2.14 (inclusive), Schedules 3, 4 and 5 is an absolute majority. (3) For the purposes of Subsection (1) the prescribed majority of votes for this subsection, Sections 35, 36, 50, 57, 105, 106, 109, 113, 125, 126, 155, 157, 160, 163, 217, 235, 239, 243, 244, 245 and 269 is a three-quarters absolute majority. (4) Subject to this section, for the purpose of a proposed law to add a new provision to this Constitution the prescribed majority of votes is the same as the prescribed majority of votes that would be required to alter that provision if it was already enacted. (5) Subject to Section 12(3) (Organic Laws), in relation to a proposed Organic Law the prescribed majority of votes is– (a) in the case of a proposed Organic Law to alter a provision of an Organic Law–the same as the majority that would be required for the making of the provision proposed to be altered; and (b) in any other case– (i) the majority of votes (not being less than an absolute majority) prescribed by this Constitution for the making of the Organic Law; and (ii) if no majority is prescribed, a two-thirds absolute majority. (6) Where, by virtue of the operation of the preceding provisions of this section, there are different prescribed majorities in relation to different provisions of a proposed law, the prescribed majority of votes in relation to the law as a whole is the greatest of those majorities. (7) Nothing in this section prevents different majorities being prescribed in respect of different aspects or subject-matters of a provision. (8) No Organic Law may require a majority of votes for the alteration of a provision of an Organic Law greater than that by which the first-mentioned law was made. (9) Notwithstanding anything in this section, until 16 September 1980– (a) (b) for the purpose of a proposed law to add a new provision to this Constitution, the prescribed majority of votes is an absolute majority; and for the purpose of making an Organic Law for which there was provision in this Constitution when adopted the prescribed majority of votes is an absolute majority. Subdivision C. – Constitutional Interpretation. 18. ORIGINAL INTERPRETATIVE JURISDICTION OF THE SUPREME COURT. (1) Subject to this Constitution, the Supreme Court has original jurisdiction, to the exclusion of other courts, as to any question relating to the interpretation or application of any provision of a Constitutional Law. (2) Subject to this Constitution, where any question relating to the interpretation or application of any provision of a Constitutional Law arises in any court or tribunal, other than the Supreme Court, the court or tribunal shall, unless the question is trivial, vexatious or irrelevant, refer the matter to the Supreme Court, and take whatever other action (including the adjournment of proceedings) is appropriate. – 13 – s. 18. Constitution of the Independent State of Papua New G 9999 s. 19. 19. SPECIAL REFERENCES TO THE SUPREME COURT. (1) Subject to Subsection (4), the Supreme Court shall, on application by an authority referred to in Subsection (3), give its opinion on any question relating to the interpretation or application of any provision of a Constitutional Law, including (but without limiting the generality of that expression) any question as to the validity of a law or proposed law. (2) An opinion given under Subsection (1) has the same binding effect as any other decision of the Supreme Court. (3) The following authorities only are entitled to make application under Subsection (1):– (a) (b) the Parliament; and the Head of State, acting with, and in accordance with, the advice of the National Executive Council; and (c) the Law Officers of Papua New Guinea; and (d) the Law Reform Commission; and (e) the Ombudsman Commission; and (ea) a Provincial Assembly or a Local-level Government; and (eb) a provincial executive; and (ec) a body established by a Constitutional Law or an Act of the Parliament specifically for the settlement of disputes between the National Government and Provincial Governments or Local-level Governments, or between Provincial Governments, or between Provincial Governments and Local-level Governments, or Local-level Governments; and (f) the Speaker, in accordance with Section 137(3) (Acts of Indemnity). (4) Subject to any Act of the Parliament, the Rules of Court of the Supreme Court may make provision in respect of matters relating to the jurisdiction of the Supreme Court under this section, and in particular as to– (a) (b) the form and contents of questions to be decided by the Court; and the provision of counsel adequate to enable full argument before the Court of any question; and (c) cases and circumstances in which the Court may decline to give an opinion. (5) In this section, “proposed law” means a law that has been formally placed before the relevant law-making body. Division 3. – Adoption, Reception and Development of Certain Laws. 20. UNDERLYING LAW AND PRE-INDEPENDENCE STATUTES. (1) An Act of Parliament shall– (a) declare the underlying law of Papua New Guinea; and (b) provide for the development of the underlying law of Papua New Guinea. (2) Until such time as an Act of Parliament provides otherwise– (a) (b) the underlying law of Papua New Guinea shall be as prescribed in Schedule 2 (adoption, etc., of certain laws); and the manner of development of the underlying law shall be as prescribed by Schedule 2 (adoption, etc., of certain laws). – 14 – Constitution of the Independent State of Papua New G 9999 (3) Certain pre-Independence statutes are adopted and shall be adopted, as Acts of Parliament and subordinate enactments of Papua New Guinea, as prescribed by Schedule 2 (adoption, etc., of certain laws). 21. PURPOSE OF SCHEDULE 2. (1) The purpose of Schedule 2 (adoption, etc., of certain laws) and of the Act of the Parliament referred to in Section 20 (underlying law and pre-Independence statutes) is to assist in the development of our indigenous jurisprudence, adapted to the changing circumstances of Papua New Guinea. (2) For the purpose set out in Subsection (1), a Law Reform Commission shall be established in accordance with Schedule 2 (adoption, etc., of certain laws), and certain special responsibilities are imposed by that Schedule on the National Judicial System (and in particular on the Supreme Court and the National Court) and on the Law Reform Commission. Division 4. – General. 22. ENFORCEMENT OF THE CONSTITUTION. The provisions of this Constitution that recognize rights of individuals (including corporations and associations) as well as those that confer powers or impose duties on public authorities, shall not be left without effect because of the lack of supporting, machinery or procedural laws, but the lack shall, as far as practicable, be supplied by the National Court in the light of the National Goals and Directive Principles, and by way of analogy from other laws, general principles of justice and generally-accepted doctrine. 23. SANCTIONS. (1) Where any provision of a Constitutional Law prohibits or restricts an act, or imposes a duty, then unless a Constitutional Law or an Act of the Parliament provides for the enforcement of that provision the National Court may– (a) impose a sentence of imprisonment for a period not exceeding 10 years or a fine not exceeding K10 000.00; or (b) in the absence of any other equally effective remedy under the laws of Papua New Guinea, order the making of compensation by a person (including a governmental body) who is in default, or both, for a breach of the prohibition, restriction or duty, and may make such further order in the circumstances as it thinks proper. (2) Where a provision of a Constitutional Law prohibits or restricts an act or imposes a duty, the National Court may, if it thinks it proper to do so, make any order that it thinks proper for preventing or remedying a breach of the prohibition, restriction or duty, and Subsection (1) applies to a failure to comply with the order as if it were a breach of a provision of this Constitution. (3) Where the National Court considers it proper to do so, it may include in an order under Subsection (2) an anticipatory order under Subsection (1). 24. USE OF CERTAIN MATERIALS AS AIDS TO INTERPRETATION. (1) The official records of debates and of votes and proceedings– – 15 – s. 21. Constitution of the Independent State of Papua New G 9999 s. 24. (a) in the pre-Independence House of Assembly on the report of the Constitutional Planning Committee; and (b) in the Constituent Assembly on the draft of this Constitution, together with that report and any other documents or papers tabled for the purposes of or in connection with those debates, may be used, so far as they are relevant, as aids to interpretation where any question relating to the interpretation or application of any provision of a Constitutional Law arises. (2) An Act of the Parliament may make provision for the manner of proof of the records and documents referred to in Subsection (1). (3) In Subsection (1), “the report of the Constitutional Planning Committee” means the Final Report of the pre-Independence Constitutional Planning Committee dated 13 August 1974 and presented to the pre-Independence House of Assembly on 16 August 1974. – 16 – Constitution of the Independent State of Papua New G 9999 s. 25. PART III. – BASIC PRINCIPLES OF GOVERNMENT. Division 1. – National Goals and Directive Principles. 25. IMPLEMENTATION PRINCIPLES. OF THE NATIONAL GOALS AND DIRECTIVE (1) Except to the extent provided in Subsections (3) and (4), the National Goals and Directive Principles are non-justiciable. (2) Nevertheless, it is the duty of all governmental bodies to apply and give effect to them as far as lies within their respective powers. (3) Where any law, or any power conferred by any law (whether the power be of a legislative, judicial, executive, administrative or other kind), can reasonably be understood, applied, exercised or enforced, without failing to give effect to the intention of the Parliament or to this Constitution, in such a way as to give effect to the National Goals and Directive Principles, or at least not to derogate them, it is to be understood, applied or exercised, and shall be enforced, in that way. (4) Subsection (1) does not apply to the jurisdiction of the Ombudsman Commission or of any other body prescribed for the purposes of Division III.2 (leadership code), which shall take the National Goals and Directive Principles fully into account in all cases as appropriate. Division 2. – Leadership Code. 26. APPLICATION OF DIVISION 2. (1) The provisions of this Division apply to and in relation to– (a) (b) (c) (d) (e) the Prime Minister, the Deputy Prime Minister and the other Ministers; and the Leader and Deputy Leader of the Opposition; and all other members of the Parliament; and members of Provincial Assemblies and Local-level Governments; and all constitutional office-holders within the meaning of Section 221 (definitions); and (f) all heads of Departments of the National Public Service; and (g) all heads of or members of the boards or other controlling bodies of statutory authorities; and (h) the Commissioner of Police; and (i) the Commander of the Defence Force; and (j) all ambassadors and other senior diplomatic and consular officials prescribed by an Organic Law or an Act of the Parliament; and (k) the public trustee; and (l) the personal staff of the Governor-General, the Ministers and the Leader and Deputy Leader of the Opposition; and (m) executive officers of registered political parties as defined by Section 128 (“registered political party”); and (n) persons holding such public offices as are declared under Subsection (3) to be offices to and in relation to which this Division applies. (2) This Division applies to and in relation to a person referred to in Subsection (1) not only in the office referred to in that subsection but also in any other office or position that he holds under any law by virtue of that office. – 17 – Constitution of the Independent State of Papua New G 9999 s. 27. (3) An Organic Law or an Act of the Parliament may declare any public office (including an office in a provincial government or a local-level government body) to be an office to and in relation to which this Division applies. (4) In the event of doubt as to whether a person is a person to whom this Division applies, the decision of the Ombudsman Commission is final. 27. RESPONSIBILITIES OF OFFICE. (1) A person to whom this Division applies has a duty to conduct himself in such a way, both in his public or official life and his private life, and in his associations with other persons, as not– (a) to place himself in a position in which he has or could have a conflict of interests or might be compromised when discharging his public or official duties; or (b) to demean his office or position; or (c) to allow his public or official integrity, or his personal integrity, to be called into question; or (d) to endanger or diminish respect for and confidence in the integrity of government in Papua New Guinea. (2) In particular, a person to whom this Division applies shall not use his office for personal gain or enter into any transaction or engage in any enterprise or activity that might be expected to give rise to doubt in the public mind as to whether he is carrying out or has carried out the duty imposed by Subsection (1). (3) It is the further duty of a person to whom this Division applies– (a) to ensure, as far as is within his lawful power, that his spouse and children and any other persons for whom he is responsible (whether morally, legally or by usage), including nominees, trustees and agents, do not conduct themselves in a way that might be expected to give rise to doubt in the public mind as to his complying with his duties under this section; and (b) if necessary, to publicly disassociate himself from any activity or enterprise of any of his associates, or of a person referred to in paragraph (a), that might be expected to give rise to such a doubt. (4) The Ombudsman Commission or other authority prescribed for the purpose under Section 28 (further provisions) may, subject to this Division and to any Organic Law made for the purposes of this Division, give directions, either generally or in a particular case, to ensure the attainment of the objects of this section. (5) A person to whom this Division applies who– (a) is convicted of an offence in respect of his office or position or in relation to the performance of his functions or duties; or (b) fails to comply with a direction under Subsection (4) or otherwise fails to carry out the obligations imposed by Subsections (1), (2) and (3), is guilty of misconduct in office. 28. FURTHER PROVISIONS. (1) For the purposes of this Division, an Organic Law– – 18 – Constitution of the Independent State of Papua New G 9999 (a) may give to the Ombudsman Commission or some other authority any powers that are necessary or convenient for attaining the objects of this Division and of the Organic Law; and (b) shall make provision for the disclosure to the Ombudsman Commission or some other authority of the personal and business incomes and financial affairs of persons to whom this Division applies, and of their families and associates, and in particular of interests in contracts with governmental bodies and of directorships and similar offices held by them (including powers to nominate directors, trustees or agents, or similar officers); and (c) shall empower the Ombudsman Commission or some other authority to require a person to whom this Division applies to dispose of, or place under the control of the public trustee, any assets or income where this seems to be desirable for attaining the objects of this Division; and (d) may prescribe specific acts that constitute misconduct in office; and (e) may create offences (including offences by persons to whom this Division applies and offences by other persons); and (f) shall provide for the investigation by the Ombudsman Commission or some other authority of cases of alleged or suspected misconduct in office, and confer on the Commission or authority any powers that are necessary or convenient for that purpose; and (g) shall establish independent tribunals that– (i) shall investigate and determine any cases of alleged or suspected misconduct in office referred to them in accordance with the Organic Law; and (ii) are required subject to Subsection (1A), to recommend to the appropriate authority that a person found guilty of misconduct in office be dismissed from office or position; and (h) may make any other provision that is necessary or convenient for attaining the objects of this Division. (1A) An Organic Law may provide that where the independent tribunal referred to in Subsection (1)(g) finds that– (a) there was no serious culpability on the part of a person found guilty of misconduct in office; and (b) public policy and the public good do not require dismissal, it may recommend to the appropriate authority that some other penalty provided for by law be imposed. (2) Where an independent tribunal referred to in Subsection (1)(g) makes a recommendation to the appropriate authority in accordance with that paragraph or with Subsection (1A), the appropriate authority shall act in accordance with the recommendation. (3) For the purposes of Subsections (1)(g), (1A) and (2), “the appropriate authority”– (a) in relation to– (i) a person holding an office referred to in Section 26(1)(a), (b), (c) or (d) (application of Division 2); or (ii) a person holding an elective office that is declared under Section 26(3) to be an office to and in relation to which this Division applies, means the Head of State; and – 19 – s. 28. Constitution of the Independent State of Papua New G 9999 s. 29. (b) in relation to a person holding any other office to which this Division applies– means the appropriate appointing authority. (4) An Organic Law may provide for the suspension from office of a person to whom this Division applies pending the investigation of any case of alleged or suspected misconduct in office by him. (5) Proceedings under Subsection (1)(g) are not judicial proceedings but are subject to the principles of natural justice, and– (a) (b) 29. no such proceedings are a bar to any other proceedings provided for by law; and no other proceedings provided for by law are a bar to proceedings under that paragraph. PROSECUTION OF MISCONDUCT IN OFFICE. (1) Where the Ombudsman Commission or other authority referred to in Section 28(1)(f) (further provisions) is satisfied that there is a prima facie case that a person has been guilty of misconduct in office, it shall refer the matter to the Public Prosecutor for prosecution before a tribunal established under Section 28(1)(g) (further provisions). (2) If the Public Prosecutor fails to prosecute the matter within a reasonable period, the Commission may prosecute it in his stead. 30. OTHER AUTHORITY. Where another authority is prescribed under Section 28 (further provisions) that authority– (a) (b) 31. shall be composed of a person or persons who are declared under Section 221(1) (definitions) to be a constitutional office-holder; and is not subject to direction or control by any person or authority. DISQUALIFICATIONS ON DISMISSAL. (1) A person who has been dismissed from office under this Division for misconduct in office is not eligible– (a) (b) (c) to election to any elective public office; or for appointment as Head of State or as a nominated member of the Parliament; or for appointment to a provincial legislature or provincial executive (including the office of head of a provincial executive), or to a local-level government body, for a period of three years after the date of his dismissal. (2) In the event of doubt as to whether an office or position is an office or position to which Subsection (1) (a), (b) or (c) applies, the decision of the Ombudsman Commission is final. Division 3. – Basic Rights. Subdivision A. – Introductory. 32. RIGHT TO FREEDOM. (1) Freedom based on law consists in the least amount of restriction on the activities of individuals that is consistent with the maintenance and development of Papua New Guinea and of society in accordance with this Constitution and, in particular, with the National Goals and Directive Principles and the Basic Social Obligations. – 20 – Constitution of the Independent State of Papua New G 9999 (2) Every person has the right to freedom based on law, and accordingly has a legal right to do anything that– (a) does not injure or interfere with the rights and freedoms of others; and (b) is not prohibited by law, and no person– (c) (d) is obliged to do anything that is not required by law; and may be prevented from doing anything that complies with the provisions of paragraphs (a) and (b). (3) This section is not intended to reflect on the extra-legal existence, nature or effect of social, civic, family or religious obligations, or other obligations of an extra-legal nature, or to prevent such obligations being given effect to by law. 33. OTHER RIGHTS AND FREEDOMS, ETC. Nothing in this Division derogates the rights and freedoms of the individual under any other law and, in particular, an Organic Law or an Act of the Parliament may provide further guarantees of rights and freedoms and may further restrict the limitations that may be placed on, or on the exercise of, any right to freedom (including the limitations that may be imposed under Section 38 (general qualifications on qualified rights)). 34. APPLICATION OF DIVISION 3. Subject to this Constitution, each provision of this Division applies, as far as may be– (a) as between individuals as well as between governmental bodies and individuals; and (b) to and in relation to corporations and associations (other than governmental bodies) in the same way as it applies to and in relation to individuals, except where, or to the extent that, the contrary intention appears in this Constitution. Subdivision B. – Fundamental Rights. 35. RIGHT TO LIFE. (1) No person shall be deprived of his life intentionally except– (a) in execution of a sentence of a court following his conviction of an offence for which the penalty of death is prescribed by law; or (b) as the result of the use of force to such an extent as is reasonable in the circumstances of the case and is permitted by any other law– (i) for the defence of any person from violence; or (ii) in order to effect a lawful arrest or to prevent the escape of a person lawfully detained; or (iii) for the purpose of suppressing a riot, an insurrection or a mutiny; or (iv) in order to prevent him from committing an offence; or (v) for the purpose of suppressing piracy or terrorism or similar acts; or (c) as the result of a lawful act of war. (2) Nothing in Subsection (1)(b) relieves any person from any liability at law in respect of the killing of another. – 21 – s. 33. Constitution of the Independent State of Papua New G 9999 s. 36. 36. FREEDOM FROM INHUMAN TREATMENT. (1) No person shall be submitted to torture (whether physical or mental), or to treatment or punishment that is cruel or otherwise inhuman, or is inconsistent with respect for the inherent dignity of the human person. (2) The killing of a person in circumstances in which Section 35(1)(a) (right to life) does not, of itself, contravene Subsection (1), although the manner or the circumstances of the killing may contravene it. 37. PROTECTION OF THE LAW. (1) Every person has the right to the full protection of the law, and the succeeding provisions of this section are intended to ensure that that right is fully available, especially to persons in custody or charged with offences. (2) Except, subject to any Act of the Parliament to the contrary, in the case of the offence commonly known as contempt of court, nobody may be convicted of an offence that is not defined by, and the penalty for which is not prescribed by, a written law. (3) A person charged with an offence shall, unless the charge is withdrawn, be afforded a fair hearing within a reasonable time, by an independent and impartial court. (4) A person charged with an offence– (a) shall be presumed innocent until proved guilty according to law, but a law may place upon a person charged with an offence the burden of proving particular facts which are, or would be, peculiarly within his knowledge; and (b) shall be informed promptly in a language which he understands, and in detail, of the nature of the offence with which he is charged; and (c) shall be given adequate time and facilities for the preparation of his defence; and (d) shall be permitted to have without payment the assistance of an interpreter if he cannot understand or speak the language used at the trial of the charge; and (e) shall be permitted to defend himself before the court in person or, at his own expense, by a legal representative of his own choice, or if he is a person entitled to legal aid, by the Public Solicitor or another legal representative assigned to him in accordance with law; and (f) shall be afforded facilities to examine in person or by his legal representative the witnesses called before the court by the prosecution, and to obtain the attendance and carry out the examination of witnesses and to testify before the court on his own behalf, on the same conditions as those applying to witnesses called by the prosecution. (5) Except with his own consent, the trial shall not take place in his absence unless he so conducts himself as to render the continuance of the proceedings in his presence impracticable and the court orders him to be removed and the trial to proceed in his absence, but provision may be made by law for a charge that a person has committed an offence the maximum penalty for which does not include imprisonment, (except in default of payment of a fine), to be heard summarily in his absence if it is established that he has been duly served with a summons in respect of the alleged offence. (6) Nothing in Subsection (4)(f) invalidates a law which imposes reasonable conditions that must be satisfied if witnesses called to testify on behalf of a person charged with an offence are to be paid their expenses out of public funds. – 22 – Constitution of the Independent State of Papua New G 9999 (7) No person shall be convicted of an offence on account of any act that did not, at the time when it took place, constitute an offence, and no penalty shall be imposed for an offence that is more severe in degree or description than the maximum penalty that might have been imposed for the offence at the time when it was committed. (8) No person who shows that he has been tried by a competent court for an offence and has been convicted or acquitted shall again be tried for that offence or for any other offence of which he could have been convicted at the trial for that offence, except upon the order of a superior court made in the course of appeal or review proceedings relating to the conviction or acquittal. (9) No person shall be tried for an offence for which he has been pardoned. (10) No person shall be compelled in the trial of an offence to be a witness against himself. (11) A determination of the existence or extent of a civil right or obligation shall not be made except by an independent and impartial court or other authority prescribed by law or agreed upon by the parties, and proceedings for such a determination shall be fairly heard within a reasonable time. (12) Except with the agreement of the parties, or by order of the court in the interests of national security, proceedings in any jurisdiction of a court and proceedings for the determination of the existence or extent of any civil right or obligation before any other authority, including the announcement of the decision of the court or other authority, shall be held in public. (13) Nothing in Subsection (12) prevents a court or other authority from excluding from the hearing of the proceedings before it persons, other than the parties and their legal representatives, to such an extent as the court or other authority– (a) is by law empowered to do and considers necessary or expedient in the interests of public welfare or in circumstances where publicity would prejudice the interests of justice, the welfare of persons under voting age or the protection of the private lives of persons concerned in the proceedings; or (b) is by law empowered or required to do in the interests of defence, public safety or public order. (14) In the event that the trial of a person is not commenced within four months of the date on which he was committed for trial, a detailed report concerning the case shall be made by the Chief Justice to the Minister responsible for the National Legal Administration. (15) Every person convicted of an offence is entitled to have his conviction and sentence reviewed by a higher court or tribunal according to law. (16) No person shall be deprived by law of a right of appeal against his conviction or sentence by any court that existed at the time of the conviction or sentence, as the case may be. (17) All persons deprived of their liberty shall be treated with humanity and with respect for the inherent dignity of the human person. (18) Accused persons shall be segregated from convicted persons and shall be subject to separate treatment appropriate to their status as unconvicted persons. (19) Persons under voting age who are in custody in connection with an offence or alleged offence shall be separated from other persons in custody and be accorded treatment appropriate to their age. – 23 – s. 37. Constitution of the Independent State of Papua New G 9999 s. 38. (20) An offender shall not be transferred to an area away from that in which his relatives reside except for reasons of security or other good cause and, if such a transfer is made, the reason for so doing shall be endorsed on the file of the offender. (21) Nothing in this section– (a) derogates Division III.4 (principles of natural justice); or (b) affects the powers and procedures of village courts. (22) Notwithstanding Subsection 21(b) the powers and procedures of village courts shall be exercised in accordance with the principles of natural justice. Subdivision C. – Qualified Rights. 38. GENERAL QUALIFICATIONS ON QUALIFIED RIGHTS. (1) For the purposes of this Subdivision, a law that complies with the requirements of this section is a law that is made and certified in accordance with Subsection (2), and that– (a) regulates or restricts the exercise of a right or freedom referred to in this Subdivision to the extent that the regulation or restriction is necessary– (i) taking account of the National Goals and Directive Principles and the Basic Social Obligations, for the purpose of giving effect to the public interest in– (A) defence; or (B) public safety; or (C) public order; or (D) public welfare; or (E) public health (including animal and plant health); or (F) the protection of children and persons under disability (whether legal or practical); or (G) the development of under-privileged or less advanced groups or areas; or (ii) in order to protect the exercise of the rights and freedoms of others; or (b) makes reasonable provision for cases where the exercise of one such right may conflict with the exercise of another, to the extent that the law is reasonably justifiable in a democratic society having a proper respect for the rights and dignity of mankind. (2) For the purposes of Subsection (1), a law must– (a) (b) (c) be expressed to be a law that is made for that purpose; and specify the right or freedom that it regulates or restricts; and be made, and certified by the Speaker in his certificate under Section 110 (certification as to making of laws) to have been made, by an absolute majority. (3) The burden of showing that a law is a law that complies with the requirements of Subsection (1) is on the party relying on its validity. 39. “REASONABLY JUSTIFIABLE IN A DEMOCRATIC SOCIETY”, ETC. (1) The question, whether a law or act is reasonably justifiable in a democratic society having a proper regard for the rights and dignity of mankind, is to be determined in the light of the circumstances obtaining at the time when the decision on the question is made. – 24 – Constitution of the Independent State of Papua New G 9999 (2) A law shall not be declared not to be reasonably justifiable in a society having a proper regard for the rights and dignity of mankind except by the Supreme Court or the National Court, or any other court prescribed for the purpose by or under an Act of the Parliament, and unless the court is satisfied that the law was never so justifiable such a declaration operates as a repeal of the law as at the date of the declaration. (3) For the purposes of determining whether or not any law, matter or thing is reasonably justified in a democratic society that has a proper regard for the rights and dignity of mankind, a court may have regard to– (a) (b) (c) (d) (e) (f) (g) (h) (i) (j) 40. the provisions of this Constitution generally, and especially the National Goals and Directive Principles and the Basic Social Obligations; and the Charter of the United Nations; and the Universal Declaration of Human Rights and any other declaration, recommendation or decision of the General Assembly of the United Nations concerning human rights and fundamental freedoms; and the European Convention for the Protection of Human Rights and Fundamental Freedoms and the Protocols thereto, and any other international conventions, agreements or declarations concerning human rights and fundamental freedoms; and judgements, reports and opinions of the International Court of Justice, the European Commission of Human Rights, the European Court of Human Rights and other international courts and tribunals dealing with human rights and fundamental freedoms; and previous laws, practices and judicial decisions and opinions in the country; and laws, practices and judicial decisions and opinions in other countries; and the Final Report of the pre-Independence Constitutional Planning Committee dated 13 August 1974 and presented to the pre-Independence House of Assembly on 16 August 1974, as affected by decisions of that House on the report and by decisions of the Constituent Assembly on the draft of this Constitution; and declarations by the International Commission of Jurists and other similar organizations; and any other material that the court considers relevant. VALIDITY OF EMERGENCY LAWS. Nothing in this Part invalidates an emergency law as defined in Part X (emergency powers), but nevertheless so far as is consistent with their purposes and terms all such laws shall be interpreted and applied so as not to affect or derogate a right or freedom referred to in this Division to an extent that is more than is reasonably necessary to deal with the emergency concerned and matters arising out of it, but only so far as is reasonably justifiable in a democratic society having a proper regard for the rights and dignity of mankind. 41. PROSCRIBED ACTS. (1) Notwithstanding anything to the contrary in any other provision of any law, any act that is done under a valid law but in the particular case– (a) (b) is harsh or oppressive; or is not warranted by, or is disproportionate to, the requirements of the particular circumstances or of the particular case; or – 25 – s. 40. Constitution of the Independent State of Papua New G 9999 s. 42. (c) is otherwise not, in the particular circumstances, reasonably justifiable in a democratic society having a proper regard for the rights and dignity of mankind, is an unlawful act. (2) The burden of showing that Subsection (1)(a), (b) or (c) applies in respect of an act is on the party alleging it, and may be discharged on the balance of probabilities. (3) Nothing in this section affects the operation of any other law under which an act may be held to be unlawful or invalid. 42. LIBERTY OF THE PERSON. (1) No person shall be deprived of his personal liberty except– (a) (b) in consequence of his unfitness to plead to a criminal charge; or in the execution of the sentence or order of a court in respect of an offence of which he has been found guilty, or in the execution of the order of a court of record punishing him for contempt of itself or another court or tribunal; or (c) by reason of his failure to comply with the order of a court made to secure the fulfilment of an obligation (other than a contractual obligation) imposed upon him by law; or (d) upon reasonable suspicion of his having committed, or being about to commit, an offence; or (e) for the purpose of bringing him before a court in execution of the order of a court; or (f) for the purpose of preventing the introduction or spread of a disease or suspected disease, whether of humans, animals or plants, or for normal purposes of quarantine; or (g) for the purpose of preventing the unlawful entry of a person into Papua New Guinea, or for the purpose of effecting the expulsion, extradition or other lawful removal of a person from Papua New Guinea, or the taking of proceedings for any of those purposes; or (h) in the case of a person who is, or is reasonably suspected of being of unsound mind, or addicted to drugs or alcohol, or a vagrant, for the purposes of– (i) his care or treatment or the protection of the community, under an order of a court; or (ii) taking prompt legal proceedings to obtain an order of a court of a type referred to in Subparagraph (i); (i) in the case of a person who has not attained the age of 18 years, for the purpose of his education or welfare under the order of a court or with the consent of his guardian. (2) A person who is arrested or detained– (a) shall be informed promptly, in a language that he understands, of the reasons for his arrest or detention and of any charge against him; and (b) shall be permitted whenever practicable to communicate without delay and in private with a member of his family or a personal friend, and with a lawyer of his choice (including the Public Solicitor if he is entitled to legal aid); and (c) shall be given adequate opportunity to give instructions to a lawyer of his choice in the place in which he is detained, and shall be informed immediately on his arrest or detention of his rights under this subsection. – 26 – Constitution of the Independent State of Papua New G 9999 (3) A person who is arrested or detained– (a) for the purpose of being brought before a court in the execution of an order of a court; or (b) upon reasonable suspicion of his having committed, or being about to commit, an offence, shall, unless he is released, be brought without delay before a court or a judicial officer and, in a case referred to in paragraph (b), shall not be further held in custody in connection with the offence except by order of a court or judicial officer. (4) The necessity or desirability of interrogating the person concerned or other persons, or any administrative requirement or convenience, is not a good ground for failing to comply with Subsection (3), but exigencies of travel which in the circumstances are reasonable may, without derogating any other protection available to the person concerned, be such a ground. (5) Where complaint is made to the National Court or a Judge that a person is unlawfully or unreasonably detained– (a) the National Court or a Judge shall inquire into the complaint and order the person concerned to be brought before it or him; and (b) unless the Court or Judge is satisfied that the detention is lawful, and in the case of a person being detained on remand pending his trial does not constitute an unreasonable detention having regard, in particular, to its length, the Court or a Judge shall order his release either unconditionally or subject to such conditions as the Court or Judge thinks fit. (6) A person arrested or detained for an offence (other than treason or wilful murder as defined by an Act of the Parliament) is entitled to bail at all times from arrest or detention to acquittal or conviction unless the interests of justice otherwise require. (7) Where a person to whom Subsection (6) applies is refused bail– (a) the court or person refusing bail shall, on request by the person concerned or his representative, state in writing the reason for the refusal; and (b) the person or his representative may apply to the Supreme Court or the National Court in a summary manner for his release. (8) Subject to any other law, nothing in this section applies in respect of any reasonable act of the parent or guardian of a child, or a person into whose care a child has been committed, in the course of the education, discipline or upbringing of the child. (9) Subject to any Constitutional Law or Act of the Parliament, nothing in this section applies in respect of a person who is in custody under the law of another country– (a) (b) 43. while in transit through the country; or as permitted by or under an Act of the Parliament made for the purposes of Section 206 (visiting forces). FREEDOM FROM FORCED LABOUR. (1) No person shall be required to perform forced labour. (2) In Subsection (1), “forced labour” does not include– (a) labour required by the sentence or order of a court; or – 27 – s. 43. Constitution of the Independent State of Papua New G 9999 s. 44. (b) (c) (d) (e) (f) 44. labour required of a person while in lawful custody, being labour that, although not required by the sentence or order of a court, is necessary for the hygiene of, or for the maintenance of, the place in which he is in custody; or in the case of a person in custody for the purpose of his care, treatment, rehabilitation or welfare, labour reasonably required for that purpose; or labour required of a member of a disciplined force in pursuance of his duties as such a member; or subject to the approval of any local government body for the area in which he is required to work, labour reasonably required as part of reasonable and normal communal or other civic duties; or labour of a reasonable amount and kind (including in the case of compulsory military service, labour required as an alternative to such service in the case of a person who has conscientious objections to military service) that is required in the national interest by an Organic Law that complies with Section 38 (general qualifications on qualified rights). FREEDOM FROM ARBITRARY SEARCH AND ENTRY. No person shall be subjected to the search of his person or property or to entry of his premises, except to the extent that the exercise of that right is regulated or restricted by a law– (a) that makes reasonable provision for a search or entry– (i) under an order made by a court; or (ii) under a warrant for a search issued by a court or judicial officer on reasonable grounds, supported by oath or affirmation, particularly describing the purpose of the search; or (iii) that authorizes a public officer or government agent of Papua New Guinea or an officer of a body corporate established by law for a public purpose to enter, where necessary, on the premises of a person in order to inspect those premises or anything in or on them in relation to any rate or tax or in order to carry out work connected with any property that is lawfully in or on those premises and belongs to the Government or any such body corporate; or (iv) that authorizes the inspection of goods, premises, vehicles, ships or aircraft to ensure compliance with lawful requirements as to the entry of persons or importation of goods into Papua New Guinea or departure of persons or exportation of goods from Papua New Guinea or as to standards of safe construction, public safety, public health, permitted use or similar matters, or to secure compliance with the terms of a licence to engage in manufacture or trade; or (v) for the purpose of inspecting or taking copies of documents relating to– (A) the conduct of a business, trade, profession or industry in accordance with a law regulating the conduct of that business, trade, profession or industry; or (B) the affairs of a company in accordance with a law relating to companies; or (vi) for the purpose of inspecting goods or inspecting or taking copies of documents, in connection with the collection, or the enforcement of payment of taxes or under a law prohibiting or restricting the importation of goods into Papua New Guinea or the exportation of goods from Papua New Guinea; or – 28 – Constitution of the Independent State of Papua New G 9999 (b) 45. that complies with Section 38 (general qualifications on qualified rights). FREEDOM OF CONSCIENCE, THOUGHT AND RELIGION. (1) Every person has the right to freedom of conscience, thought and religion and the practice of his religion and beliefs, including freedom to manifest and propagate his religion and beliefs in such a way as not to interfere with the freedom of others, except to the extent that the exercise of that right is regulated or restricted by a law that complies with Section 38 (general qualifications on qualified rights). (2) No person shall be compelled to receive religious instruction or to take part in a religious ceremony or observance, but this does not apply to the giving of religious instruction to a child with the consent of his parent or guardian or to the inclusion in a course of study of secular instruction concerning any religion or belief. (3) No person is entitled to intervene unsolicited into the religious affairs of a person of a different belief, or to attempt to force his or any religion (or irreligion) on another, by harassment or otherwise. (4) No person may be compelled to take an oath that is contrary to his religion or belief, or to take an oath in a manner or form that is contrary to his religion or belief. (5) A reference in this section to religion includes a reference to the traditional religious beliefs and customs of the peoples of Papua New Guinea. 46. FREEDOM OF EXPRESSION. (1) Every person has the right to freedom of expression and publication, except to the extent that the exercise of that right is regulated or restricted by a law– (a) that imposes reasonable restrictions on public office-holders; or (b) that imposes restrictions on non-citizens; or (c) that complies with Section 38 (general qualifications on qualified rights). (2) In Subsection (1), “freedom of expression and publication” includes– (a) freedom to hold opinions, to receive ideas and information and to communicate ideas and information, whether to the public generally or to a person or class of persons; and (b) freedom of the press and other mass communications media. (3) Notwithstanding anything in this section, an Act of the Parliament may make reasonable provision for securing reasonable access to mass communications media for interested persons and associations– (a) (b) for the communication of ideas and information; and to allow rebuttal of false or misleading statements concerning their acts, ideas or beliefs, and generally for enabling and encouraging freedom of expression. 47. FREEDOM OF ASSEMBLY AND ASSOCIATION. Every person has the right peacefully to assemble and associate and to form or belong to, or not to belong to, political parties, industrial organizations or other associations, except to the extent that the exercise of that right is regulated or restricted by a law– – 29 – s. 45. Constitution of the Independent State of Papua New G 9999 s. 48. (a) (b) (c) (d) 48. that makes reasonable provision in respect of the registration of all or any associations; or that imposes reasonable restrictions on public office-holders; or that imposes restrictions on non-citizens; or that complies with Section 38 (general qualifications on qualified rights). FREEDOM OF EMPLOYMENT. (1) Every person has the right to freedom of choice of employment in any calling for which he has the qualifications (if any) lawfully required, except to the extent that that freedom is regulated or restricted voluntarily or by a law that complies with Section 38 (general qualifications on qualified rights), or a law that imposes restrictions on non-citizens. (2) Subsection (1) does not prohibit reasonable action or provision for the encouragement of persons to join industrial organizations or for requiring membership of an industrial organization for any purpose. 49. RIGHT TO PRIVACY. Every person has the right to reasonable privacy in respect of his private and family life, his communications with other persons and his personal papers and effects, except to the extent that the exercise of that right is regulated or restricted by a law that complies with Section 38 (general qualifications on qualified rights). 50. RIGHT TO VOTE AND STAND FOR PUBLIC OFFICE. (1) Subject to the express limitations imposed by this Constitution, every citizen who is of full capacity and has reached voting age, other than a person who– (a) is under sentence of death or imprisonment for a period of more than nine months; or (b) has been convicted, within the period of three years next preceding the first day of the polling period for the election concerned, of an offence relating to elections that is prescribed by an Organic Law or an Act of the Parliament for the purposes of this paragraph, has the right, and shall be given a reasonable opportunity– (c) to take part in the conduct of public affairs, either directly or through freely chosen representatives; and (d) to vote for, and to be elected to, elective public office at genuine, periodic, free elections; and (e) to hold public office and to exercise public functions. (2) The exercise of those rights may be regulated by