The Laws of Pitcairn, Henderson, Ducie and
Oeno Islands
VOLUME I
CONTAINING
THE PITCAIRN CONSTITUTION ORDER 2010,
THE CONSTITUTION OF PITCAIRN,
THE PITCAIRN (APPEALS TO PRIVY COUNCIL) ORDER 2000,
AND THE ORDINANCES AND SUBSIDIARY
LEGISLATION IN FORCE IN THE ISLANDS
REVISED EDITION 2001
INCORPORATING ANNUAL REVISED EDITIONS UNDER
ORDINANCE NO. 1 OF 2002
UPDATED AS AT 17 MAY 2013
Original Revised Edition prepared under statutory authority by
Paul Julian Treadwell, O.B.E., LL.B., Q.C. (New Hebrides)
Barrister and Solicitor of the High Court of New Zealand,
Legal Adviser to the Governor of Pitcairn.
Annual update as at 17 May 2013 prepared by Paul Thomas Rishworth,
Attorney-General of Pitcairn
PRINTED BY PRINTLINK
[Appointed by the Governor of Pitcairn, Henderson, Ducie
and Oeno Islands to be the Government Printer for the
purpose of this Edition of the Laws within the meaning
of the Evidence (Colonial Statutes) Act, 1907]
i
ii
VOLUME I
REVISED EDITION OF THE LAWS 2001
Table of Contents
PART I
Page
PREFACE v
REVISED EDITION OF THE LAWS ORDINANCE 2001 ix
CHRONOLOGICAL TABLE OF ORDINANCES
xiii
ARRANGEMENT OF CHAPTERS
xxi
ALPHABETICAL LIST OF ORDINANCES
xxiii
PART II
CONSTITUTIONAL AND JUDICIAL PROVISIONS
xxv
PITCAIRN CONSTITUTION ORDER 2010
xxvii
PROCLAMATION APPOINTING THE DAY FOR THE
COMING INTO FORCE OF THE PITCAIRN CONSTITUTION
ORDER 2010
xxx
CONSTITUTION OF PITCAIRN
xxxi
NOTICE UNDER SECTION 43(4) OF THE CONSTITUTION lxvi
PITCAIRN (APPEALS TO PRIVY COUNCIL) ORDER 2000 lxvii
PART III
ORDINANCES AND SUBSIDIARY LEGISLATION MADE
THEREUNDER1
iii
iv
PREFACE
This Revised Edition of the Laws of Pitcairn, Henderson, Ducie and Oeno
Islands has been prepared in accordance with the Revised Edition of the
Laws Ordinance 2001. It contains the ordinances and subsidiary legislation
in force on the 31st day of December 2000, together with subsequent
amendments to the laws down to the date of publication, which are
appropriate to be included.
A chronological list of the ordinances made since the Pitcairn Order
in Council 1952 down to the present time has been included. All prior
regulations applicable to Pitcairn, made under the authority of the Pacific
Order in Council 1893, lapsed with the coming into force of the Order of
1952 and have not been listed. They included the Pitcairn Island Government
Regulations approved by the High Commissioner for the Western Pacific
in 1941. These were, however, given the force of law by Ordinance No.2
of 1952 and continued to form the base of the Island administration.
As in the case of previous editions of the Laws, the subsidiary legislation
made under each ordinance is printed immediately after the ordinance
under which it is made. Any enactments which may have been authorised
by the Revised Edition of the Laws Ordinance 2001 to be omitted from
this edition will nevertheless remain in force until such time as they may
become spent or are repealed or replaced.
The present work does not include the Statutory Instruments which apply to
the Islands, other than the Pitcairn Order 1970 as amended by the Pitcairn
(Amendment) Order 2000, the Pitcairn Court of Appeal Order 2000 and the
Pitcairn (Appeals to the Privy Council) Order 2000. It is intended to publish
the Statutory Instruments applicable to the Islands in a separate volume.
PJT
June 2001
ADDENDUM
The Annual Revision of Laws Ordinance 2002 now provides for the revision
of further laws made since the Revised Edition of the Laws 2001 by the
preparation and publication in January of each year, or as soon as possible
thereafter, of the ordinances and subsidiary legislation enacted during the
previous year. Each annual revised edition will be published together with
the previous revised editions and consolidated with them. The source of
each amendment will be shown at the end of the amended text. The first
such annual revision has now been issued and the new ordinances are to
be found in a second volume of the laws.
PJT
March 2003
v
vi
LAWS OF PITCAIRN, HENDERSON, DUCIE
AND OENO ISLANDS
Revised Edition 2001
PART I
REVISED EDITION OF THE LAWS ORDINANCE
2001
vii
viii
PART 1
REVISED EDITION OF THE LAWS ORDINANCE
2001
An ordinance to make provision for the preparation and
publication of a revised edition of the laws of the Islands
[6th March 2001]
1. This ordinance may be cited as the Revised Edition of
the Laws Ordinance 2001.
2. In this ordinance, except where the context otherwise
requires—
Commissioner means the person or persons appointed
under the provisions of section 3;
revised edition means the revised edition of the laws
of the Islands in force on the thirty-first day of
December 2000 and such ordinances enacted after
that date as the Commissioner may think fit to
include, to be prepared under the authority of this
ordinance.
3.—(1) Paul Julian Treadwell OBE LLB QC is hereby
appointed a Commissioner for the purpose of preparing a
revised edition of the laws of the Islands.
(2) In case the Commissioner shall from any cause be unable
fully to discharge his commission under this ordinance, the
Governor may appoint some other fit and proper person or
persons to be Commissioner or Commissioners in his stead.
4. In the preparation of the revised edition the
Commissioner shall have the following powers—
(a) to omit—
(i) all ordinances or parts of ordinances which
have been repealed expressly or by necessary
implication or which have expired, or which
have become spent or have had their effect;
(ii) all repealing enactments contained in
ordinances and all tables or lists of repealed
enactments whether contained in schedules
or otherwise;
(iii) all preambles or parts of preambles to
ordinances and all or any recitals in ordinances
where such omission can, in the opinion of the
Commissioner, conveniently be made;
(iv) all words of enactment in any ordinance;
ix
Short title
Interpretation
Appointment of
Commissioner
Powers of
Commissioner
Revised Edition of the Laws Ordinance 2001
(b)
(c)
(d)
(e)
(f)
(g)
(h)
(i)
(j)
(k)
(l)
(m)
(n)
(v) all enactments prescribing the date when an
ordinance or part of an ordinance is to come
into operation where such omission can, in the
opinion of the Commissioner, conveniently
be made;
(vi) all amending ordinances or parts thereof
where the amendments effected thereby have
been embodied by the Commissioner in the
ordinances to which they relate;
to arrange the grouping and sequence of ordinances;
to consolidate into one ordinance any two or more
ordinances in pari materia making the alterations
thereby rendered necessary and affixing such date
thereto as may seem most convenient;
to alter the order of sections in any ordinances and
in all cases where it may be necessary to do so to
renumber the sections;
to alter the form or arrangement of any section by
transferring words, by combining it in whole or in
part with another section or other sections or by
dividing it into two or more subsections;
to transfer any enactment contained in any ordinance
from such ordinance to any other ordinance to which
that enactment more properly belongs, making such
alterations as are thereby rendered necessary or
expedient;
to divide ordinances into parts or divisions;
to add a short title to any ordinance which may
require it or to alter the short title of any ordinance;
to supply or alter marginal and other notes, and
tables of contents and chronological tables, and to
provide footnotes by way of amplification:
Provided that such tables and notes shall not form
any part of the ordinance in which they appear;
to correct cross references;
to correct grammatical, typographical and similar
errors in the existing copies of ordinances and for
that purpose to make verbal additions, omissions
or alterations not affecting the meaning of any
ordinance;
to shorten or simplify the phraseology of any
ordinance;
to correct the punctuation in any ordinance;
to make such adaptations of or amendments in any
ordinances as may appear to be necessary or proper
as a consequence of constitutional changes within
x
Revised Edition of the Laws Ordinance 2001
the Commonwealth;
(o) to make such formal alterations as to names,
localities, offices and otherwise as may be necessary
to bring any ordinance into conformity with the
circumstances of the Islands;
(p) to make such formal alterations to any ordinance
as are necessary or expedient for the purpose of
securing uniformity of expression in the revised
edition;
(q) to do all things relating to form and method, whether
similar to the foregoing or not, which appear to him
necessary for the perfecting of the revised edition.
5.—(1) The powers conferred upon the Commissioner by
section 4 shall not be taken to imply any power in him to
make any alteration or amendment in the matter or substance
of any law.
(2) If the Commissioner considers that it is desirable that in
the preparation of the revised edition there should, in relation
to any ordinance, be omissions, amendments or additions other
than those authorised by section 4, the same, although not in
pari materia, may be combined in one or more ordinances.
(3) If such ordinance or ordinances are enacted prior to the
coming into operation of the revised edition, then—
(a) the Commissioner shall in the preparation of the
revised edition give the like effect to such omissions,
amendments or additions as if they had been
authorised by section 4; and
(b) if as a result of any such omission, amendment or
addition any ordinance or part thereof has been
repealed or has expired or become spent or had its
effect, such ordinance or part shall be omitted from
the revised edition.
6.—(1) In the preparation of the revised edition the
Commissioner shall, in respect of subsidiary legislation made
under ordinances, have the like powers to do all things as are
conferred upon him by this ordinance in respect of ordinances.
(2) For the avoidance of doubt, it is hereby declared that
subsidiary legislation in force at the date when the revised
edition comes into force and made under any ordinance
included in the revised edition shall continue in force until
otherwise provided.
7.—(1) The Governor in his discretion may by order declare
that the revised edition shall come into force on such date as
he may think fit.
xi
Mode of dealing with
alteration in substance
Subsidiary legislation
Bringing the revised
edition into force
Complementary
matter in revised
edition
Rectification of errors
Construction of
references
Copy to be signed and
deposited
Distribution of copies
of revised edition
Place of this
ordinance in the new
edition
Revised Edition of the Laws Ordinance 2001
(2) From the date specified in the order under subsection
(1), the revised edition shall be deemed to be and shall be
without any question whatsoever in all courts of justice and
for all purposes whatsoever the sole and only proper laws
of the Islands in respect of all ordinances, and all subsidiary
legislation made under any ordinance, contained in the revised
edition.
8. The revised edition may also contain such indices,
notes and references as the Commissioner considers useful
to include.
9.—(1) The Commissioner may by order rectify any clerical
or printing error appearing in the revised edition or rectify in a
manner not inconsistent with the powers of revision conferred
by this ordinance any other error so appearing.
(2) Every order made under this section shall be published
in the Islands without unreasonable delay.
10. Wherever in any law or in any document of whatever
kind any reference is made to any provision of any law affected
by or under the operation of this ordinance, the reference shall,
where necessary and practicable, be construed as a reference
to the corresponding provision in the revised edition.
11. One bound set of volumes of the revised edition shall
be dated and signed by the Commissioner and by the Governor
and shall be sealed with the public seal. Such copy shall be
transmitted to the Chief Justice who shall deposit the same
among the records of the Supreme Court.
12.—(1) Copies of the revised edition shall be distributed
among such persons, officers, departments and institutions as
the Governor in his discretion may direct.
(2) There shall be offered to the public such number of
copies at such price as the Governor in his discretion may
direct.
13. This ordinance shall be printed at the commencement
of the revised edition.
xii
CHRONOLOGICAL TABLE OF ORDINANCES
No. and
Short title
year
1952
1
How repealed or
otherwise dealt with
Interpretation and General Clauses
Ordinance
Now cap. 1
2
Pitcairn Island (Local Government
Regulations) Ordinance
Repealed by No.1 of
1964
Marriage Ordinance
Now cap. 20
3
4
1953
1
1954
2
Births and Deaths Registration Ordinance
Marriage Validation (Pitcairn) Ordinance
Now cap. 19
Spent
2
Pitcairn Island Government Regulations
(Amendment) Ordinance Repealed by No.1 of
1964
1
Landing and Residence Ordinance
Now cap. 12
3
Post Office Ordinance
Now cap. 21
Adoption of Infants Ordinance
Now cap. 18
4
Pitcairn Island Government Regulations
(Amendment) Ordinance Repealed by No.1 of
1964
1
Pitcairn Island Government Regulations
(Amendment) Ordinance
Repealed by No.1 of
1964
1
Trade Unions and Trade Disputes
Ordinance
Now cap. 23
1
Pitcairn Island Government Regulations (Amendment) Ordinance Repealed by No.1 of
1964
1957
2
1959
1960
1961
Marriage (Amendment) Ordinance
Incorporated in cap. 20
1
Judicature Ordinance
Repealed by No. 2 of
1970
1
Pitcairn Island (Local Government
Regulations) (Amendment) Ordinance Repealed by No.1 of
1964
Local Government Ordinance
Now cap. 11
1963
1964
1
2
Pitcairn Souvenir Agency Ordinance
xiii
Now cap. 27
1966
1
Justice Ordinance
2
1967
1
Repealed by No.3 of
1999
Wills Ordinance
Now cap. 17
Local Government (Amendment)
Ordinance
Incorporated in cap. 11
Lands and Administration of Estates
Ordinance Repealed by No.8 of
2000
1
Interpretation and General Clauses
(Amendment) Ordinance
Incorporated in cap. 1
3
Landing and Residence (Amendment)
Ordinance
Incorporated in cap. 12
2
1968
2
4
Marriage (Amendment) Ordinance
Incorporated in cap. 20
Adoption of Infants (Amendment)
Ordinance
Incorporated in cap. 18
5
Judicature (Amendment) Ordinance
Repealed by No.2 of
1970
1
Pensions (Aged and Infirm Persons)
Ordinance
Now cap. 22 [named
Social Welfare Benefits
Ordinance]
1970
2
Judicature Ordinance
Repealed by No.2 of
1999
4
Incorporated in cap. 18
3
Interpretation and General Clauses
(Amendment) Ordinance
5
Births Deaths and Marriages Registration
(Amendment) Ordinance
Adoption of Infants (Amendment)
Ordinance
Incorporated in cap. 1
Incorporated in cap. 19
6
Justice (Amendment) Ordinance
Repealed by No.3 of
1999
1
Judicature (Amendment) Ordinance
Repealed by No.2 of
1999
1971
2
1972
Revised Edition of the Laws Ordinance
1
Justice (Amendment) Ordinance
xiv
Spent
Repealed by No.3 of
1999
1980
1
Fisheries Zone Ordinance
Now cap. 29
1
Local Government (Amendment)
Ordinance
Incorporated in cap. 11
3
Interpretation and General Clauses
(Amendment) Ordinance
Incorporated in cap. 1
[also affected cap. 17]
Local Government (Amendment)
Ordinance
Incorporated in cap. 11
Revised Edition of the Laws Ordinance
Spent
3
Lands and Administration of Estates
(Amendment) Ordinance Repealed by No.8 of
2000
1
Local Government (Amendment)
Ordinance
Incorporated in cap.11
Fisheries Zone (Amendment) Ordinance
Incorporated in cap. 29
1
Local Government (Amendment)
Ordinance
Incorporated in cap. 11
Currency Ordinance
Now cap. 25
Local Government (Amendment)
Ordinance
Incorporated in cap. 11
Landing and Residence (Amendment)
Ordinance
Incorporated in cap. 12
Social Welfare Benefits (Amendment)
Ordinance
Incorporated in cap. 22
1982
2
4
1983
1
2
1
1985
2
1986
2
1987
1988
1
1992
1
2
1997
1
Landing and Residence (Amendment)
Ordinance
Incorporated in cap. 12
Fisheries Zone (Amendment) Ordinance
Incorporated in cap. 29
Prevention of Collisions at Sea Ordinance Now cap. 30
Law Reform (Monetary References)
Ordinance
2
Arms Embargoes (Extension) Ordinance
3
Alcohol Ordinance
xv
Spent
Repealed by No.5 of
1997
Repealed by No.5 of
2009
4
5
Local Government (Amendment)
Ordinance
Incorporated in cap. 11
Arms Embargoes (Extension to Pitcairn)
Ordinance
Omitted
6
Justice (Amendment) Ordinance
Repealed by No.3 of
1999
1
Apiaries Ordinance
Now cap.18
3
Justice Ordinance
Now cap. 3
1999
2
4
5
6
7
Judicature (Courts) Ordinance
Judicature (Appeals in Criminal Cases)
Ordinance
Now cap. 2
Now cap. 4
Prisons Ordinance
Now cap. 7
Registration of Business Names
Ordinance
Now cap. 16
Commissions of Inquiry Ordinance
Now cap. 8
8
Justice (Amendment) Ordinance
Repealed by No. 3 of
1999
1
Justice (Amendment) Ordinance
Incorporated in cap. 3
3
Justice (Amendment) (No.2) Ordinance
Incorporated in cap. 3
Judicature (Appeals in Criminal Cases)
(Amendment) Ordinance
Incorporated in cap. 4
2000
2
4
5
6
7
9
8
10
11
12
13
15
14
16
Judicature (Courts) (Amendment)
Ordinance
Post Office (Amendment) Ordinance
Incorporated in cap. 2
Incorporated in cap. 21
Landing and Residence (Amendment)
Ordinance
Incorporated in cap. 12
Lands Court Ordinance
Now cap. 15
Land Tenure Reform Ordinance
Now cap. 14
Probate and Administration Ordinance
Now cap. 13
Justice (Amendment) (No.3) Ordinance
Evidence (Proof of Written Laws)
Ordinance
Incorporated in cap. 3
Now cap. 6
Judicature (Courts) (Amendment) (No.2)
Ordinance
Incorporated in cap. 2
Judicature (Appeals in Criminal Cases)
(Amendment) (No. 2) Ordinance
Incorporated in cap. 4
Justice (Amendment) (No.4) Ordinance
Incorporated in cap. 3
Summary Offences Ordinance
Now cap. 5
Justice (Amendment) (No.5) Ordinance
xvi
Incorporated in cap. 3
2001
1
2
3
4
5
6
7
2002
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
2003
1
2
Legal Aid (Criminal Proceedings)
Ordinance
Revised Edition of the Laws Ordinance
Legal Practitioners Ordinance
Justice (Amendment) Ordinance
Revised Edition of the Laws
(Miscellaneous Amendments) Ordinance
Judicature (Courts) (Amendment)
Ordinance
Evidence (Special Measures Directions)
Ordinance
Now cap. 9
Annual Revision of Laws Ordinance
Sentencing (Offences Against the Person)
Ordinance
Public Defender in Criminal Proceedings
Ordinance
Dental and Medical Practitioners
(Amendment) Ordinance
Sentencing (Community-based Sentences)
Ordinance
Parole Ordinance
Legal Aid (Criminal Proceedings)
(Amendment) Ordinance
Victims of Offences Ordinance
Sentencing Ordinance
Victims of Offences (No. 2) Ordinance
Prisons (Amendment) Ordinance
Justice (Amendment) Ordinance
Judicature (Appeals in Criminal Cases)
(Amendment) Ordinance
Judicature (Courts) (Amendment)
Ordinance
Bail Ordinance
Victims of Offences (No. 2) (Amendment)
Ordinance
Judicature (Appeals In Criminal Cases)
Now cap. 32
Repealed
Spent
Now cap. 10
Incorporated in cap. 3
Spent
Incorporated in cap. 2
Now cap. 31
Now cap. 33
Incorporated in cap. 24
Repealed
Now cap. 34
Incorporated in cap. 9
Repealed
Now cap. 35
Now cap.36
Incorporated in cap. 7
Incorporated in cap. 3
Incorporated in cap.4
Incorporated in cap. 2
Now cap.37
Incorporated in cap. 36
Incorporated in cap. 4
(No. 2) (Amendment) Ordinance
Judicature Amendment Ordinance
Judicature (Appeals in Criminal Cases)
(Amendment) Ordinance
xvii
Now cap. 38
Incorporated in cap.4
3
4
5
6
7
8
9
10
11
2004
1
2
3
4
5
6
7
8
2005
1
2
3
4
Justice (Amendment) Ordinance
Pitcairn Court of Appeal (Registry)
Ordinance
Firearms Offences (Prosecution and
Punishment) Ordinance
Justice (Amendment) (No. 2) Ordinance
Legal Aid (Criminal Proceedings)
(Amendment) Ordinance
Landing and Residence (Amendment)
Ordinance
Children Ordinance
Judicature (Appeals in Criminal Cases)
(Amendment) (No. 2) Ordinance
Judicature (Courts) (Amendment)
Ordinance
Incorporated in cap. 3
Now cap. 39
Local Government (Amendment)
Ordinance
Alcohol (Amendment) Ordinance
Endangered Species Protection Ordinance
Justice (Amendment) Ordinance
Judicature (Appeals in Criminal Cases)
(Amendment) Ordinance
Local Government (Special Electoral
Provisions) Ordinance
Local Government (Amendment) (No. 2)
Ordinance
Local Government (Special Provisions)
Ordinance
Incorporated in cap. 11
Judicature (Courts) (Amendment)
Ordinance
(no enactment made)
Judicature Amendment (Further
Provisions) Ordinance
Summary Offences (Amendment)
Ordinance
Incorporated in cap. 2
6
7
Judicature (Courts) (Amendment) (No. 2)
Ordinance
Justice (Amendment) Ordinance
Incorporated in cap. 2
5
Interpretation and General Clauses
(Amendment) Ordinance
xviii
Now cap. 40
Incorporated in cap. 3
Incorporated in cap. 9
Incorporated in cap. 12
Now cap. 41
Incorporated in cap. 4
Incorporated in cap. 2
Incorporated in cap. 26
Now cap. 42
Incorporated in cap. 3
Incorporated in cap. 4
Now cap. 11A
Incorporated in cap. 11
Spent
Incorporated in cap. 38
Incorporated in cap. 5
Incorporated in cap. 1
Incorporated in cap. 3
2006
1
Children (Amendment) Ordinance
2
Immigration Control Ordinance
3
Courts (Procedure) Ordinance
4
Lands Court (Amendment) Ordinance
5
Land Tenure Reform (Amendment)
Ordinance
6
Pitcairn Court of Appeal (Registry)
(Amendment) Ordinance
2007
1
Local Government (Amendment)
Ordinance
2
Parole (Amendment) Ordinance
2008
1
Judicature (Courts) Amendment Ordinance
2
Local Government (Amendment)
Ordinance
3
Local Government (Amendment)
Ordinance (No. 2)
2009
1
Interpretation and General Clauses
(Amendment) Ordinance
2
Justice (Amendment) Ordinance
3
Social Welfare Benefits (Amendment)
Ordinance
4
Summary Offences (Amendment)
Ordinance
5
Sale and Use of Liquor Ordinance
6
Local Government (Amendment)
Ordinance
7
Children (Amendment) Ordinance
2010
1
Right of Abode Ordinance
2
Right of Abode (Amendment) Ordinance
3
Sexual Offences (Notification and
Prevention) Ordinance
4
Pitcairn Constitution (Consequential
Amendments) Ordinance
5
Local Government (Amendment)
Ordinance
6
Judicature (Courts) (Amendment)
Ordinance
xix
Incorporated in cap. 41
Repeals and replaces
cap. 12
Incorporate in cap. 2 and
cap. 39
Incorporated in cap. 15
Incorporated in cap. 14
Incorporated in cap. 39
Incorporated in cap. 11
Incorporated in cap. 34
Incorporated in cap. 2
Incorporated in cap. 11
Incorporated in cap. 11
Incorporated in cap. 1
Incorporated in cap. 3
Incorporated in cap. 22
Incorporated in cap. 5
Incorporated in cap. 26
Incorporated in cap. 11
Incorporated in cap. 41
Now cap. 43
Incorporated in cap. 43
Now cap. 44
Incorporated in caps. 1,
2, 3, 4, 5, 6, 7, 11, 32,
34, 35, 37 and 39
Incorporated in cap. 11
Incorporated in cap. 2
and cap. 3
2011
1
2
3
2012
1
2
3
Judicature (Courts) (Magistrate’s
Incorporated in cap. 2
Retirement Age and Filing of Documents)
Amendment Ordinance
Local Government Amendment Ordinance Incorporated in cap. 11
Coroners Ordinance
Now cap. 45
Ombudsmen Ordinance
Marriage (Amendment) Ordinance
Freedom of Information Ordinance
xx
Now cap. 46
Incorporated in caps. 3 and 20
Now cap. 47
VOLUMES I AND II
ARRANGEMENT OF CHAPTERS
cap. 1 Interpretation and General Clauses
cap. 2 Judicature (Courts)
cap.3 Justice
cap. 4 Judicature (Appeals in Criminal Cases)
cap. 5 Summary Offences
cap. 6 Evidence (Proof of Written Laws)
cap.7 Prisons
cap. 8 Commissions of Enquiry
cap. 9 Legal Aid (Criminal Proceedings)
cap. 10 Legal Practitioners
cap. 11 Local Government
cap.12 Immigration
cap. 13 Probate and Administration
cap. 14 Land Tenure Reform
cap. 15 Lands Court
cap. 16 Registration of Business Names
cap.17 Wills
cap. 18 Adoption of Infants
cap. 19 Births and Deaths Registration
cap.20 Marriage
cap. 21 Post Office
cap. 22 Social Welfare Benefits
cap. 23 Trade Unions and Trade Disputes
cap. 24 Dental and Medical Practitioners
cap.25 Currency
cap. 26 Sale and Use of Liquor
cap. 27 Pitcairn Souvenir Agency
cap.28 Apiaries
cap. 29 Fisheries Zone
cap. 30 Prevention of Collisions at Sea
xxi
cap. 31
cap. 32
cap. 33
cap.34
cap.35
cap. 36
cap.37
cap. 38
cap. 39
cap. 40
cap.41
cap. 42
cap. 43
cap. 44
cap.45
cap.46
cap. 47
Evidence (Special Measures Directions)
Annual Revision of Laws
Public Defender in Criminal Proceedings
Parole
Sentencing
Victims of Offences (No. 2)
Bail
Judicature Amendment
Pitcairn Court of Appeal (Registry)
Firearms Offences (Prosecution and Punishment)
Children
Endangered Species Protection
Right of Abode
Sexual Offences (Notification and Prevention)
Coroners
Ombudsmen
Freedom of Information
xxii
VOLUMES I AND II
ALPHABETICAL LIST OF ORDINANCES
Page
Adoption of Infants
cap. 18
293
Annual Revision of Laws
cap. 32
499
Apiaries
cap.28 411
Bail
cap.37 631
Births and Deaths Registration
cap. 19
319
Children
cap.41 727
Commissions of Enquiry
cap.
8
171
Coroners
cap.45 797
Currency
cap.25 397
Dental and Medical Practitioners
cap. 24
393
Endangered Species Protection
cap. 42
753
Evidence (Proof of Written Laws)
cap.
6
141
Evidence (Special Measures Directions)
cap. 31
487
Firearms Offences (Prosecution and Punishment) cap. 40
701
Fisheries Zone
cap. 29
421
Freedom of Information
cap. 47
821
Immigration
cap.12 229
Interpretation and General Clauses
cap.
1
3
Judicature Amendment cap. 38
665
Judicature (Appeals in Criminal Cases)
cap.
4
111
Judicature (Courts)
cap.
2
17
Justice
cap.3 33
Land Tenure Reform
cap. 14
247
Lands Court
cap. 15
261
Legal Aid (Criminal Proceedings)
cap.
9
177
Legal Practitioners
cap. 10
193
Local Government
cap. 11
195
Marriage
cap.20 325
Ombudsmen
cap.46 809
xxiii
Parole
Pitcairn Court of Appeal (Registry)
Pitcairn Souvenir Agency
Post Office
Prevention of Collisions at Sea
Prisons
Probate and Administration
Public Defender in Criminal Proceedings
Registration of Business Names
Right of Abode
Sale and Use of Liquor
Sentencing
Sexual Offences (Notification and Prevention)
Social Welfare Benefits
Summary Offences
Trade Unions and Trade Disputes
Victims of Offences (No. 2)
Wills
xxiv
cap.34
cap. 39
cap. 27
cap. 21
cap. 30
cap.7
cap. 13
cap. 33
cap. 16
cap. 43
cap. 26
cap.35
cap. 44
cap. 22
cap.
5
cap. 23
cap. 36
cap.17
507
679
405
339
459
143
241
505
275
763
401
555
767
379
133
383
625
285
LAWS OF PITCAIRN, HENDERSON, DUCIE
AND OENO ISLANDS
Revised Edition 2001
including subsequent Annual Revisions
PART II
CONSTITUTIONAL AND JUDICIAL PROVISIONS
xxv
xxvi
2010 No. 244
PITCAIRN ISLANDS
The Pitcairn Constitution Order 2010
Made – – – –
10th February 2010
Laid before Parliament 17th February 2010
Coming into force in accordance with section 1(2)
At the Court at Buckingham Palace, the 10th day of
February 2010
Present,
The Queen’s Most Excellent Majesty in Council
Her Majesty, in exercise of the powers conferred upon Her by
the British Settlements Acts 1887(a) and 1945(b), section 1 of
the Judicial Committee Act 1844(c) and of all other powers
enabling Her to do so, is pleased, by and with the advice of
Her Privy Council, to order, and it is ordered, as follows:
1.—(1) This Order may be cited as the Pitcairn Constitution
Order 2010.
(2) This Order shall come into force on the appointed day.
2. In this Order—
“the appointed day” means such day as may be prescribed
by the Governor by proclamation published in such
manner as the Governor thinks fit;
“the Constitution” means the Constitution set out in
Schedule 2;
“the Governor” means the Governor of Pitcairn and
includes any person for the time being lawfully
performing the functions of the office of Governor
of Pitcairn;
“Pitcairn” means Pitcairn, Henderson, Ducie and Oeno
Islands.
3. The instruments listed in Schedule 1 are revoked with
effect from the appointed day.
4. The Constitution shall have effect in Pitcairn from the
appointed day.
5.—(1) The existing laws shall have effect on and after the
appointed day as if they had been made in pursuance of the
(a) 1887 c.54. (b) 1945 c.7. (c) 1844 c.69.
xxvii
Citation and
commencement
Interpretation
Revocations
Establishment of
Constitution
Existing laws
Existing offices and
officers
Island Council
Pending legal
proceedings
Constitution and, so far as possible, shall be construed with
such modifications, adaptations, qualifications and exceptions
as may be necessary to bring them into conformity with the
Constitution
(2) In subsection (1), “existing laws” means laws and
instruments (other than Acts of Parliament of the United
Kingdom and instruments made under them) having effect as
part of the law of Pitcairn immediately before the appointed
day.
6.—(1) Except for the office of Legal Adviser, any office
established by or under the Pitcairn Order 1970(d) and existing
immediately before the appointed day shall on and after that
day, so far as consistent with the Constitution, continue as if
it had been established by or under the Constitution.
(2) Any person who immediately before the appointed day
holds or is acting in an office referred to in subsection (1) shall,
on and after that day, continue to hold or act in that office or
the corresponding office established by the Constitution as if
he or she had been appointed to hold or act in it in accordance
with or under the Constitution; but any person who under the
law in force immediately before the appointed day would have
been required to vacate his or her office at the expiration of any
period shall vacate that office at the expiration of that period.
(3) Any person to whom subsection (2) applies who, before
the appointed day, has made any oath or affirmation required
to be made before assuming the functions of his or her office
shall be deemed to have made any like oath or affirmation so
required by the Constitution or any other law.
(4) The person who holds the office of Legal Adviser
immediately before the appointed day shall, on and after that
day, hold the office of Attorney General in accordance with
the Constitution.
7. Any person who immediately before the appointed day
is a member of the Island Council for Pitcairn in accordance
with a law in force in Pitcairn shall on that day become a
member of the Island Council established by the Constitution,
shall be deemed to have taken any oath or affirmation required
by law, and shall hold his or her seat in accordance with any
such law.
8.—(1) Any proceedings pending immediately before
the appointed day in any court having jurisdiction in or in
(d) S.I. 1970/1434, amended by S.I. 2000/1340 and 2002/2638.
xxviii
relation to Pitcairn may be continued on and after that day in
the same court or in the equivalent court established by the
Constitution.
(2) Any judgment or order of any court having jurisdiction
in or in relation to Pitcairn given or made before the appointed
day, in so far as it has not been fully executed or enforced, may
be executed or enforced on and after that day as a judgment
or order of the same court or as if it were a judgment or order
of the equivalent court established by the Constitution.
9. Article 2 of the Pitcairn (Appeals to Privy Council)
Order 2000(e) is amended by substituting for the definition
of “Court” the following—
“Court” means the Pitcairn Court of Appeal established
by the Constitution set out in Schedule 2 to the
Pitcairn Constitution Order 2010.
10. There is reserved to Her Majesty full power to
make laws from time to time for the peace, order and good
government of Pitcairn including, without prejudice to the
generality of the foregoing, laws amending or revoking this
Order or Schedule 2.
Judith Simpson
Clerk of the Privy Council
SCHEDULE 1
REVOCATIONS
The Pitcairn Order 1970 (S.I. 1970/1434)
The Pitcairn (Amendment) Order 2000 (S.I. 2000/1340)
The Pitcairn (Amendment) Order 2002 (S.I. 2002/2638)
The Pitcairn Court of Appeal Order 2000 (S.I. 2000/1341)
The Pitcairn Court of Appeal (Amendment) Order 2004 (S.I.
2004/2669)
The Instructions issued under the Royal Sign Manual and
Signet to the Governor of Pitcairn on 30th September 1970
SCHEDULE 2
The Constitution of Pitcairn set out in Schedule 2 is set out in
full on pages xxxi–lxv.
(e) S.I. 2000/1816, amended by SI 2009/224.
xxix
Appeals to Her
Majesty in Council
Power reserved to Her
Majesty
Proclamation appointing the day for the coming into
force of the Pitcairn Constitution Order 2010
WHEREAS the Pitcairn Constitution Order 2010 (“the Order”)
was made on 10 February 2010 at the Court at Buckingham
Palace;
AND WHEREAS section 1(2) of the Order provides that the
Order “shall come into force on the appointed day”;
AND WHEREAS section 2 of the Order provides that “the
appointed day” is such day as the Governor may prescribe
by proclamation published in such manner as the Governor
thinks fit;
NOW THEREFORE I, George Fergusson, Governor of
Pitcairn, DO HEREBY PROCLAIM that the appointed day
for the coming into force of the Order shall be the fourth day
of March 2010;
AND I DIRECT that a copy of this proclamation shall be
published by being displayed on the public notice board at
Adamstown.
PROCLAIMED at Adam stown on Pitcairn Island this fourth
day of March 2010
George Fergusson
Governor of Pitcairn
xxx
THE CONSTITUTION OF PITCAIRN
CONTENTS
PART 1
PARTNERSHIP VALUES
1. The partnership values
PART 2
FUNDAMENTAL RIGHTS AND FREEDOMS OF THE
INDIVIDUAL
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
16.
17.
18.
19.
20.
21.
22.
23.
24.
25.
26.
27.
28.
29.
30.
Right to life
Physical and mental integrity
Human dignity
Prohibition of torture
Prohibition of slavery and forced labour
Right to liberty and security
Right to a fair trial
Right of prisoners to humane treatment
No punishment without law
Right to respect for private and family life
Freedom of thought, conscience and religion
Freedom of expression
Freedom of assembly and association
Right to marry
Children’s rights
Right to education
Freedom of movement
Protection of the environment
Just administrative action
Protection of property
Protection from arbitrary deprivation of right of abode and of British
citizenship
Prohibition of discrimination
Derogation in time of emergency
Enforcement of protective provisions
Interpretation of legislation
PART 3
THE GOVERNOR
The Governor
Acting Governor
Powers of pardon, etc
Power to dispose of Crown land
xxxi
31. Official stamp
32. Constitution of offices
33. Executive authority
34. Island Council
35. Attorney General
36.
37.
38.
39.
40.
41.
PART 4
THE EXECUTIVE
PART 5
THE LEGISLATURE
Power to make laws
Rules for the making of laws
Certain laws not to be made without instructions
Publication and commencement of laws
Laws to be sent to a Secretary of State
Disallowance of laws
PART 6
THE ADMINISTRATION OF JUSTICE
42. Application of English law
43. The courts of Pitcairn
44. Independence of the judiciary
45.
46.
47.
48.
SUPREME COURT
Constitution of Supreme Court
Sittings of Supreme Court
Judges of Supreme Court
Exercise of jurisdiction of Supreme Court
COURT OF APPEAL
49. Constitution of Court of Appeal
50. Jurisdiction of Court of Appeal
51. Practice and procedure on appeals
52.
53.
54.
55.
GENERAL
Appointment of judges and judicial officers
Remuneration
Tenure of office of judges
Tenure of office of judicial officers
PART 7
PUBLIC SERVICE
56. Appointments etc of officers of Pitcairn Public Service
57. Terms and conditions of employment
xxxii
PART 8
AUDIT
58. Audit
PART 9
OMBUDSMAN
59. Ombudsman
60. Functions of Ombudsman
PART 10
MISCELLANEOUS
61. Interpretation
62. References to the holder of an office to include a person acting in the
office
63. Power to amend and revoke instruments, etc
64. Appointments
65. Removal from office
66. Resignations
SCHEDULE
Forms of Oaths and Affirmations
xxxiii
The partnership
values
Right to life
Physical and mental
integrity
Human dignity
Prohibition of torture
PART 1
PARTNERSHIP VALUES
1.—(1) The partnership between the United Kingdom and
Pitcairn shall be based on the following values—
(a) good faith;
(b) the rule of law;
(c) good government;
(d) sound financial management;
(e) the impartial administration of justice;
(f) the impartiality of the Pitcairn Public Service;
(g) the maintenance of public order;
(h) compliance with applicable international obligations
of the United Kingdom and of Pitcairn; and
(i) the maintenance of international peace and security
and the right of individual or collective self-defence.
(2) In exercising their responsibilities and powers, all organs
of government of Pitcairn have a duty to give effect to the
partnership values.
(3) Nothing in this section creates any legally enforceable
rights or obligations.
PART 2
FUNDAMENTAL RIGHTS AND FREEDOMS OF THE
INDIVIDUAL
2.—(1) Everyone’s right to life shall be protected by law.
(2) Deprivation of life shall not be regarded as inflicted in
contravention of this section when it results from the use of
force which is no more than absolutely necessary—
(a) in defence of any person from unlawful violence;
(b) in order to effect a lawful arrest or to prevent the
escape of a person lawfully detained;
(c) in action lawfully taken for the purpose of quelling
a riot or insurrection.
3.—(1) Everyone has the right to respect for his or her
physical and mental integrity.
(2) In the fields of medicine and biology, the free and
informed consent of the person concerned must be respected,
according to the procedures prescribed by law.
4. Everyone has inherent dignity and the right to have his
or her dignity respected and protected.
5. No one shall be subjected to torture or to inhuman or
degrading treatment or punishment.
xxxiv
6.—(1) No one shall be held in slavery or servitude.
(2) No one shall be required to perform forced or compulsory
labour.
(3) For the purpose of this section the term “forced or
compulsory labour” shall not include—
(a) any work required to be done in the ordinary course
of detention imposed according to section 7 or
during conditional release from such detention;
(b) any service of a military character or, in case of
conscientious objectors, service exacted instead of
compulsory military service;
(c) any service exacted in case of an emergency or
calamity threatening the life or well-being of the
community;
(d) any work or service which forms part of normal
civic obligations.
7.—(1) Everyone has the right to liberty and security of
person. No one shall be deprived of his or her liberty save
in the following cases and in accordance with a procedure
prescribed by law—
(a) the lawful detention of a person after conviction by
a competent court;
(b) the lawful arrest or detention of a person for noncompliance with the lawful order of a court or in
order to secure the fulfilment of any obligation
prescribed by law;
(c) the lawful arrest or detention of a person effected
for the purpose of bringing him or her before the
competent legal authority on reasonable suspicion
of having committed an offence or when it is
reasonably considered necessary to prevent his or
her committing an offence or fleeing after having
done so;
(d) the detention of a minor by lawful order for the
purpose of educational supervision or his or her
lawful detention for the purpose of bringing him or
her before the competent legal authority;
(e) the lawful detention of persons for the prevention
of the spreading of infectious diseases, of persons
of unsound mind, alcoholics or drug addicts or
vagrants;
(f) the lawful arrest or detention of a person to prevent
his or her effecting an unauthorised entry into
Pitcairn or of a person against whom action is being
taken with a view to deportation or extradition.
xxxv
Prohibition of slavery
and forced labour
Right to liberty and
security
Right to a fair trial
(2) Everyone who is arrested shall be informed promptly,
in a language which he or she understands, of the reasons for
his or her arrest and of any charge against him or her.
(3) Everyone arrested or detained in accordance with
subsection (1)(c) shall be brought promptly before a judge or
other officer authorised by law to exercise judicial power and
shall be entitled to trial within a reasonable time or to release
pending trail. Release may be conditioned by guarantees to
appear for trial.
(4) Everyone who is deprived of his or her liberty by arrest
or detention shall be entitled to take proceedings by which the
lawfulness of his or her detention shall be decided speedily
by a court and his or her release ordered if the detention is
not lawful.
(5) Everyone who has been the victim of arrest or detention
in contravention of this section shall have an enforceable right
to compensation.
8.—(1) In the determination of his or her civil rights and
obligations or of any criminal charge against him or her,
everyone is entitled to a fair and public hearing within a
reasonable time by an independent and impartial tribunal
established by law. Judgment shall be pronounced publicly but
the press and public may be excluded from all or part of the
trial in the interests of morals, public order or national security
in a democratic society, where the interests of juveniles or
the protection of the private life of the parties so require, or
to the extent strictly necessary in the opinion of the court in
special circumstances where publicity would prejudice the
interests of justice.
(2) Everyone charged with a criminal offence shall be
presumed innocent until proved guilty according to law.
(3) Everyone charged with a criminal offence has the
following minimum rights—
(a) to be informed promptly, in a language which he
or she understands and in detail, of the nature and
cause of the accusation against him or her;
(b) to have adequate time and facilities for the
preparation of his or her defence;
(c) to defend himself or herself in person or through
legal assistance of his or her own choosing or, if
he or she has not sufficient means to pay for legal
assistance, to be given it free when the interests of
justice so require;
(d) to examine or have examined witnesses against him
or her and to obtain the attendance and examination
of witnesses on his or her behalf under the same
xxxvi
conditions as witnesses against him or her;
(e) to have the free assistance of an interpreter if he or
she cannot understand or speak the language used
in court.
9.—(1) All persons deprived of their liberty (in this section
referred to as “prisoners”) shall have the right to be treated
with humanity and with respect for the inherent dignity of the
human person.
(2) Every unconvicted prisoner shall be entitled to be treated
in a manner appropriate to his or her status as such.
(3) Every juvenile prisoner shall be treated in a manner
appropriate to his or her age and legal status and, if he or
she is an unconvicted prisoner and unless he or she is earlier
released, shall have any criminal proceedings against him or
her pursued with the greatest possible expedition.
(4) Save where the interests of defence, public safety, public
order, public morality, public health or the administration of
justice otherwise require, or the facilities available for the
detention of prisoners do not permit, or segregation would
be detrimental to the well-being of a prisoner, unconvicted
prisoners shall be segregated from convicted prisoners, and
juvenile prisoners shall be segregated from adult prisoners.
10.—(1) No one shall be held guilty of any criminal offence
on account of any act or omission which did not constitute
a criminal offence under national or international law at the
time when it was committed. Nor shall a heavier penalty
be imposed than the one that was applicable at the time the
criminal offence was committed.
(2) This section shall not prejudice the trial and punishment
of any person for any act or omission which, at the time when
it was committed, was criminal according to the general
principles of law recognised by civilised nations.
11.—(1) Everyone has the right to respect for his or
her private and family life, his or her home and his or her
correspondence.
(2) There shall be no interference by a public authority
with the exercise of this right except such as is in accordance
with the law and is necessary in a democratic society in the
interests of national security, public safety or the economic
well-being of Pitcairn, for the prevention of disorder or crime,
for the protection of health or morals, or for the protection of
the rights and freedoms of others.
12.—(1) Everyone has the right to freedom of thought,
conscience and religion; this right includes freedom to change
xxxvii
Right of prisoners to
humane treatment
No punishment
without law
Right to respect for
private and family life
Freedom of thought,
conscience and
religion
Freedom of
expression
Freedom of assembly
and association
Right to marry
his or her religion or belief and freedom, either alone or in
community with others and in public or private, to manifest
his or her religion or belief, in worship, teaching, practice
and observance.
(2) Freedom to manifest one’s religion or beliefs shall be
subject only to such limitations as are prescribed by law and
are necessary in a democratic society in the interests of public
safety, for the protection of public order, health or morals, or
for the protection of the rights and freedoms of others.
13.—(1) Everyone has the right to freedom of expression.
This right shall include freedom to hold opinions and to receive
and impart information and ideas without interference by
public authority and regardless of frontiers.
(2) The exercise of these freedoms, since it carries with it
duties and responsibilities, may be subject to such formalities,
conditions, restrictions or penalties as are prescribed by law
and are necessary in a democratic society, in the interests of
national security, territorial integrity or public safety, for the
prevention of disorder or crime, for the protection of health or
morals, for the protection of the reputation or rights of others, for
preventing the disclosure of information received in confidence,
or for maintaining the authority and impartiality of the judiciary.
(3) This section shall not prevent the Government of Pitcairn
from requiring the licensing of broadcasting, television or
cinema enterprises.
(4) Freedom of information in Pitcairn shall be provided
by Ordinance, which shall reflect the freedom of information
legislation of the United Kingdom adapted to the circumstances
of Pitcairn.
14.—(1) Everyone has the right to freedom of peaceful
assembly and to freedom of association with others, including
the right to form and to join trade unions for the protection of
his or her interests.
(2) No restrictions shall be placed on the exercise of
these rights other than such as are prescribed by law and are
necessary in a democratic society in the interests of national
security or public safety, for the prevention of disorder
or crime, for the protection of health or morals or for the
protection of the rights and freedoms of others.
(3) This section shall not prevent the imposition of lawful
restrictions on the exercise of these rights by members of the
armed forces, of the police or of the administration of Pitcairn.
15. Men and women of marriageable age have the right
to marry and found a family, according to the national laws
xxxviii
governing the exercise of this right.
16. Every child has the right to such measures of
protection as are required by his or her status as a minor, on
the part of his or her family, society and the Government of
Pitcairn, and which are appropriate and proportionate to the
circumstances of Pitcairn.
17.—(1) Every child of the appropriate age, as provided
by law, shall be entitled to receive primary education which
shall, subject to subsection (2), be free.
(2) Every person who is the parent or legal guardian of a
child shall be entitled to have his or her child (of whatever age)
educated, at his or her own expense unless a law otherwise
provides, in a private school (that is to say, a school other than
one established by the Government of Pitcairn or a public
authority) and, in such a school, to ensure the religious and
moral education of his or her child in accordance with his or
her own convictions.
(3) Nothing contained in or done under the authority of any
law shall be held to breach subsection (2) to the extent that
the law in question is necessary in a democratic society for
the purpose of making provision requiring private schools, as
a condition of their being allowed to operate and on terms no
more onerous than are applicable to schools established by
the Government of Pitcairn or a public authority, to satisfy—
(a) such minimum educational standards (including
standards relating to the qualifications of teaching
staff and other staff) as may be prescribed by or
under that or any other law; and
(b) such minimum standards imposed in the interests
of public order, public morality or public health as
may be so prescribed.
18.—(1) Everyone lawfully within Pitcairn shall, within
Pitcairn, have the right to liberty of movement and freedom
to choose his or her residence.
(2) Everyone shall be free to leave Pitcairn.
(3) The rights mentioned in subsections (1) and (2) shall not
be subject to any restrictions except those which are provided
by law, are necessary to protect national security, public order,
public health or morals or the rights and freedoms of others,
and are consistent with the other rights recognised in this
Constitution.
(4) No one who has the right of abode shall be arbitrarily
deprived of the right to enter Pitcairn.
(5) Subsections (1) to (4) are subject to the provisions of
Pitcairn immigration legislation governing the entry into, stay
xxxix
Children’s rights
Right to education
Freedom of
movement
Protection of the
environment
Just administrative
action
Protection of property
Protection from
arbitrary deprivation
of right of abode and
of British citizenship
in and departure from Pitcairn as regards persons who do not
have the right of abode.
(6) A person who does not have the right of abode may
be expelled from Pitcairn only in pursuance of a decision
reached in accordance with law and shall, except where
compelling reasons of national security otherwise require, be
allowed to submit reasons against his or her expulsion and to
have his or her case reviewed by, and be represented for the
purpose before, the competent authority or a person or persons
designated by the competent authority.
(7) In this section, “the right of abode” means the right of
abode in Pitcairn under any law.
19. Everyone has the right to an environment that is
generally not harmful to his or her health or well-being and
to have the environment protected, for the benefit of present
and future generations, through such laws as may be made
under this Constitution including laws to—
(a) prevent pollution and ecological degradation;
(b) promote conservation; and
(c) secure ecologically sustainable development and
use of natural resources while promoting justifiable
economic and social development.
20.—(1) Everyone has the right to administrative action
that is lawful, reasonable and procedurally fair.
(2) Everyone whose rights have been adversely affected by
administrative action has the right to be given written reasons.
21.—(1) Every natural or legal person is entitled to the
peaceful enjoyment of his or her possessions. No one shall be
deprived of his or her possessions except in the public interest
and subject to the conditions provided for by law and by the
general principles of international law.
(2) Subsection (1) shall not, however, in any way impair the
right of the Government of Pitcairn to enforce such laws as it
deems necessary to control the use of property in accordance
with the general interest or to secure the payment of taxes or
other contributions or penalties.
22.—(1) No person with the right of abode in Pitcairn under
any law shall be arbitrarily deprived of that right, whether by
legislation or otherwise.
(2) As everyone has the right to a nationality, no person
shall be arbitrarily deprived of his or her British citizenship,
whether by legislation or otherwise.
xl
23.—(1) Subject to subsection (4), no law shall make any
provision which is discriminatory either of itself or in its effect.
(2) Subject to subsections (4) and (6), no person shall be
treated in a discriminatory manner by any organ or officer of
the executive or judicial branches of government or any person
acting in the performance of the functions of the Pitcairn Public
Service or any public authority.
(3) In this section, the expression “discriminatory” means
affording different treatment to different persons on any
ground such as sex, sexual orientation, race, colour, language,
religion, age, disability, political or other opinion, national or
social origin, association with a national minority, property,
birth or other status.
(4) Nothing contained in or done under the authority of
any law shall be held to breach this section to the extent that
it has an objective and reasonable justification and there is a
reasonable proportion between the provision of law in question
or, as the case may be, the thing done under it and the aim
which that provision or the thing done under it seeks to realise.
(5) No person shall be treated in a discriminatory manner in
respect of access to any of the following places to which the
general public have access, namely, shops, hotels, restaurants,
eating-houses, licensed premises, places of entertainment or
places of resort; but the proprietor of such a place has a duty
to provide amenities and equipment facilitating the access of
disabled persons only to the extent provided by a law.
(6) For the purposes of subsection (2), the exercise, in
relation to a person, of any discretion to institute, conduct or
discontinue criminal or civil proceedings in any court shall
not in itself be held to breach this section.
24.—(1) Nothing contained in or done under the authority
of any law shall be held to breach any of the provisions of this
Part other than sections 2, 3, 4, 5, 6(1), 8(2) and 10 to the extent
that the law in question authorises the taking during a period
of public emergency of measures that are strictly required by
the exigencies of the situation that exists in Pitcairn during that
period, provided that such measures are not inconsistent with
the obligations of the United Kingdom in respect of Pitcairn
under international law.
(2) Where any person who is lawfully detained in pursuance
only of a law referred to in subsection (1) so requests at any
time during the period of that detention (but if he or she has
already made such a request during that period, not earlier than
six months after he or she last made such a request during that
xli
Prohibition of
discrimination
Derogation in time of
emergency
Enforcement of
protective provisions
period), his or her case shall be reviewed by an independent
and impartial tribunal established by law and presided over
by a person appointed by the Chief Justice.
(3) On any review by a tribunal under subsection (2)
of the case of a detained person, the tribunal may make
recommendations concerning the necessity or expediency of
continuing his or her detention to the authority by which it
was ordered but, unless it is otherwise provided by law, that
authority shall not be obliged to act in accordance with such
recommendations.
25.—(1) If any person alleges that any of the provisions of
this Part has been, is being or is likely to be breached in relation
to him or her (or, in the case of a person who is detained,
if any other person alleges such a breach in relation to the
detained person), then, without prejudice to any other action
with respect to the same matter that is lawfully available, that
person (or that other person) may apply to the Supreme Court
for redress.
(2) The Supreme Court shall have original jurisdiction—
(a) to hear and determine any application made by any
person in pursuance of subsection (1); and
(b) to determine any question arising in the case of
any person that is referred to it in pursuance of
subsection (7),
and may make such declarations and orders, issue such writs
and give such directions as it considers appropriate for the
purpose of enforcing or securing the enforcement of any of
the provisions of this Part.
(3) The Supreme Court may decline to exercise its powers
under subsection (2) if it is satisfied that adequate means of
redress for the breach alleged are or have been available to
the person concerned under any other law.
(4) Without prejudice to the generality of subsection (2),
where, in exercise of its powers under that subsection, the
Supreme Court determines that one of the provisions of this
Part has been breached in relation to any person, it—
(a) may order the award to that person of such damages
as the Supreme Court considers just and appropriate;
or
(b) may direct the court which made the reference to it
under subsection (7) (“the referring court”) to order
the award to that person of such damages as that
court considers just and appropriate, within such
limits (if any) as the Supreme Court declares.
(5) An award of damages may not be made in pursuance of
subsection (4) in respect of the making of any law but such an
xlii
award may be made in respect of anything done by any organ
or officer of the executive or judicial branches of government
or any person acting in the performance of the functions of
the Pitcairn Public Service or any public authority.
(6) Subsection (4) is without prejudice to section 7(5).
(7) If in any proceedings in a subordinate court any question
arises as to the breach of any of the provisions of this Part,
the person presiding in that court may refer the question to
the Supreme Court unless, in his or her opinion, the raising
of the question is merely frivolous or vexatious.
(8) If the effect of a provision of this Part is in issue in
proceedings before the Supreme Court, the Court of Appeal or
Her Majesty in Council, to which the Crown is not a party—
(a) the Attorney General may intervene; and
(b) the presiding judge must not hear and determine the
proceedings until satisfied that the Attorney General
has received notice of the proceedings and has had
sufficient time to decide whether or not to intervene.
(9) Where any question is referred to the Supreme Court in
pursuance of subsection (7), the Supreme Court shall give its
decision on the question and the referring court shall dispose
of the case in accordance with that decision or, if that decision
is the subject of an appeal to the Court of Appeal or to Her
Majesty in Council, in accordance with the decision of the
Court of Appeal or, as the case may be, of Her Majesty in
Council.
(10) An appeal shall lie as of right to the Court of Appeal
from any final determination of any application or question by
the Supreme Court under this section, and an appeal shall lie as
of right to Her Majesty in Council from the final determination
by the Court of Appeal of the appeal in any such case; but no
appeal shall lie from a determination by the Supreme Court
under this section dismissing an application on the ground
that it is frivolous or vexatious.
(11) The Governor may by Ordinance confer on the
Supreme Court such powers in addition to those conferred by
this section as may appear to be necessary or desirable for the
purpose of enabling that Court more effectively to exercise
the jurisdiction conferred on it by this section.
(12) The Chief Justice or the President of the Court of
Appeal, as the case requires, may make Rules of Court with
respect to the practice and procedure—
(a) of the Supreme Court in relation to the jurisdiction
and powers conferred on it by or under this
xliii
section;
(b) of the Supreme Court or the Court of Appeal
in relation to appeals under this section from
determinations of the Supreme Court or the Court
of Appeal; and
(c) of subordinate courts in relation to references to the
Supreme Court under subsection (7),
including provisions with respect to the time within which
any application, reference or appeal shall or may be made or
brought.
(13) In determining any question which has arisen in
connection with the interpretation or application of any of
the foregoing provisions of this Part, every court shall take
into account any—
(a) judgment, decision, declaration or advisory opinion
of the European Court of Human Rights;
(b) decision of the European Commission of Human
Rights (“the Commission”) given in a report
adopted under Article 31 of the Convention;
(c) decision of the Commission in connection with
Article 26 or 27(2) of the Convention;
(d) decision of the Committee of Ministers of the
Council of Europe (“the Committee of Ministers”)
taken under Article 46 of the Convention;
(e) judgment, decision or declaration of a superior
court in the United Kingdom on the interpretation
or application of the Convention,
whenever made or given, so far as, in the opinion of the court, it
is relevant to the proceedings in which that question has arisen.
(14) In subsection (13), references to the Convention are
references to it as it has effect for the time being, except that—
(a) the references in subsection (13)(b) and (c) to
Articles 31, 26 and 27(2) are references to those
Articles as they respectively had effect immediately
before the coming into force of the Eleventh
Protocol;
(b) the reference in subsection (13)(d) to Article 46
includes a reference to Articles 32 and 54 as they
had effect immediately before the coming into force
of the Eleventh Protocol; and
(c) the references in subsection (13) to a report or
decision of the Commission or a decision of the
Committee of Ministers include references to a
report or decision made as provided by paragraphs
xliv
3, 4 and 6 of Article 5 of the Eleventh Protocol
(transitional provisions).
(15) In subsections (13) and (14)—
“the Convention” means the European Convention on
Human Rights;
“the Eleventh Protocol” means the protocol to the
Convention (restructuring the control machinery
established by it) agreed at Strasbourg on 11 May
1994; and
“a superior court in the United Kingdom” means any of
the following—
(a) the High Court or the Court of Appeal in England;
(b) the High Court of Justiciary or the Court of Session
in Scotland;
(c) the High Court or the Court of Appeal in Northern
Ireland;
(d) the House of Lords or the Supreme Court; and
(e) the Judicial Committee of the Privy Council.
26. So far as it is possible to do so, legislation of Pitcairn
must be read and given effect in a way which is compatible
with the rights and freedoms set forth in this Part.
PART 3
THE GOVERNOR
27.—(1) There shall be a Governor of Pitcairn, who shall
be appointed by Her Majesty by Commission under Her Sign
Manual and Signet and shall hold office during Her Majesty’s
pleasure.
(2) The Governor shall have such functions as are conferred
or imposed on him or her by this Constitution or any other law
and such other functions as Her Majesty may from time to time
be pleased to assign to him or her through a Secretary of State.
(3) Subject to the provisions of this Constitution and of any
other law by which any functions are conferred or imposed
on the Governor, the Governor shall do and execute all things
that belong to his or her office according to such instructions,
if any, as Her Majesty may from time to time see fit to give
him or her through a Secretary of State; but no court shall
enquire whether or not the Governor has complied with any
such instructions.
(4) A person appointed to the office of Governor shall,
before assuming the functions of that office, make oaths or
affirmations of allegiance and for the due execution of that
office in the forms set out in the Schedule.
xlv
Interpretation of
legislation
The Governor
Acting Governor
Powers of pardon, etc
Power to dispose of
Crown land
Official stamp
Constitution of offices
28.—(1) During any period when the office of Governor
is vacant or the Governor is for any reason unable to perform
the functions of that office those functions shall, during Her
Majesty’s pleasure, be assumed and performed by such person
as Her Majesty may designate for that purpose by instructions
given through a Secretary of State (“the person designated”).
(2) Before assuming the functions of the office of Governor,
the person designated shall make the oaths or affirmations
directed by section 27(4) to be made by the Governor.
(3) The person designated shall not continue to act in the
office of Governor after the Governor has notified him or her
that the Governor is about to assume or resume the functions
of that office.
(4) In this section “the Governor” means the person holding
the office of Governor.
29. The Governor may, in Her Majesty’s name and on
Her Majesty’s behalf—
(a) grant to any person convicted of any offence under
the law of Pitcairn a pardon, either free or subject
to lawful conditions;
(b) grant to any person a respite, either indefinite or for a
specified period, of the execution of any punishment
imposed on that person for such an offence;
(c) substitute a less severe form of punishment for any
punishment imposed on any person for such an
offence; or
(d) remit the whole or part of any punishment imposed
on any person for such an offence or of any penalty
or forfeiture otherwise due to Her Majesty on
account of such an offence.
30. Subject to this Constitution and any other law, the
Governor or any person duly authorised by him or her in
writing under his or her hand may, in Her Majesty’s name
and on Her Majesty’s behalf, make and execute grants and
other dispositions of any land or other immovable property
in Pitcairn that is vested in Her Majesty in right of the
Government of Pitcairn.
31.—(1) There shall be an Official Stamp for Pitcairn.
(2) The Governor shall keep and use the Official Stamp
for stamping all such documents as may by law require to be
stamped with it.
32. Subject to this Constitution and any other law, the
Governor, in Her Majesty’s name and on Her Majesty’s behalf,
may constitute offices for Pitcairn.
xlvi
PART 4
THE EXECUTIVE
33.—(1) The executive authority of Pitcairn is vested in
Her Majesty.
(2) Subject to this Constitution, the executive authority of
Pitcairn shall be exercised on behalf of Her Majesty by the
Governor, either directly or through officers subordinate to
the Governor.
(3) Nothing in this section shall preclude persons or
authorities other than the Governor from exercising such
functions as are or may be conferred on them by any law.
34.—(1) There shall be an Island Council for Pitcairn, which
shall be composed, and shall have such functions in relation to
the government of Pitcairn, as may be prescribed by any law.
(2) The members of the Island Council shall be elected to
office in free and fair elections held at regular intervals in such
manner as may be prescribed by any law.
35.—(1) There shall be an Attorney General of Pitcairn
who shall be the principal legal adviser to the Government
of Pitcairn.
(2) The Attorney General shall be an officer of the Pitcairn
Public Service appointed by the Governor, acting with the
approval of a Secretary of State.
(3) The Attorney General shall be appointed—
(a) for a term ending when the appointee reaches any
retiring age fixed by law; or
(b) whether or not the appointee has attained that age
or will attain it during his or her term of office, for
a term specified in the instrument of appointment.
(4) The Attorney General may, in any case in which he or
she considers it desirable to do so—
(a) institute and undertake criminal proceedings against
any person before any court in respect of an offence
against any law;
(b) take over and continue any such criminal proceedings
that have been instituted by any other person or
authority; and
(c) discontinue at any stage before judgment is
delivered any such criminal proceedings instituted
or undertaken by himself or herself or any other
person or authority.
(5) The powers of the Attorney General under subsection
(4) may be exercised by him or her in person or by officers
subordinate to him or her acting under and in accordance with
his or her general or special instructions.
xlvii
Executive authority
Island Council
Attorney General
(6) The powers conferred on the Attorney General by
subsection (4)(b) and (c) shall be vested in him or her to the
exclusion of any other person or authority; but where any
other person or authority has instituted criminal proceedings,
nothing in this subsection shall prevent the withdrawal of those
proceedings by or at the instance of that person or authority
at any stage before the person against whom the proceedings
have been instituted has been charged before the court.
(7) For the purposes of this section, any appeal from any
determination in any criminal proceedings before any court,
or any case stated or question of law reserved for the purpose
of any such proceedings to any other court, shall be deemed
to be part of those proceedings.
(8) In the exercise of the powers conferred on him or her
by this section, the Attorney General, and any person acting
under his or her authority, shall act independently and shall
not be subject to the direction or control of the Governor, the
Island Council or any other person or authority.
(9) The remuneration of the Attorney General shall be
determined by the Governor and shall be charged on the public
funds of Pitcairn.
(10) The remuneration and allowances and other terms
and conditions of the Attorney General shall not be altered
to the disadvantage of the Attorney General during his or her
continuance in office.
(11) The Attorney General may be removed from office only
for inability to discharge the functions of the office (whether
arising from infirmity of body or mind or any other cause)
or for misbehaviour, and shall not be so removed except in
accordance with subsection (12).
(12) The Attorney General shall be removed from office by
the Governor if the question of his or her removal from office
has been referred to a tribunal appointed under subsection
(13) and the tribunal has advised the Governor that he or she
should be removed from office for inability as aforesaid or
for misbehaviour.
(13) If the Governor considers that the question of removing
the Attorney General from office for inability as aforesaid or
for misbehaviour ought to be investigated, then—
(a) the Governor shall appoint a tribunal, which shall
consist of a convenor and two other members,
selected by the Governor from among persons
who hold or have held office as a judge of a court
having unlimited jurisdiction in civil and criminal
matters in one or more Commonwealth countries or
in Ireland or a court having jurisdiction in appeals
xlviii
from any such court; and
(b) the tribunal shall inquire into the matter and report
on the facts thereof to the Governor and advise the
Governor whether the Attorney General should be
removed from office for inability as aforesaid or for
misbehaviour.
(14) The Commissions of Inquiry Ordinance shall apply
mutatis mutandis in relation to a tribunal appointed under
subsection (13) and the expenses of any such inquiry shall be
charged on the public funds of Pitcairn.
(15) If the question of removing the Attorney General from
office has been referred to a tribunal under subsection (13), the
Governor may suspend the Attorney General from performing
the functions of his or her office, and any such suspension
may at any time be revoked by the Governor and shall in any
case cease to have effect if the tribunal advises the Governor
that the Attorney General should not be removed from office.
(16) References in subsections (11), (12), (13) and (15) to
the Attorney General do not include references to a person
appointed to act in the office of Attorney General during any
period when it is vacant or the holder of that office is unable
to perform the functions of that office; and the appointment
of such a person may be revoked by the Governor at any time
before the expiration of that period.
PART 5
THE LEGISLATURE
36.—(1) Subject to this Constitution, the Governor, acting
after consultation with the Island Council, may make laws for
the peace, order and good government of Pitcairn.
(2) The Governor shall not be obliged to act in accordance
with the advice of the Island Council in exercising the
power conferred by subsection (1), but in any case where
the Governor acts contrary to the advice of the Council any
member of the Council shall have the right to submit his or
her views on the matter to a Secretary of State.
(3) The Governor may exercise the power conferred by
subsection (1) without consulting the Island Council whenever
he or she is instructed to do so by Her Majesty through a
Secretary of State.
37.—(1) In the making of laws for Pitcairn the Governor
shall observe, so far as is practicable, the following rules.
(2) All laws shall be styled “Ordinances” and the words of
enactment shall be “Enacted by the Governor of the Islands
of Pitcairn, Henderson, Ducie and Oeno”.
xlix
Power to make laws
Rules for the making
of laws
Certain laws not to
be made without
instructions
Publication and
commencement of
laws
(3) Matters having no proper relation to each other shall
not be provided for by the same law.
(4) No law shall contain anything foreign to what the title
of the law imports.
(5) No provision having indefinite duration shall be included
in any law expressed to have limited duration.
(6) All laws shall be distinguished by titles, and shall be
divided into successive sections consecutively numbered, and
to every section there shall be annexed a short indication of
its contents.
(7) All laws shall be numbered consecutively in a separate
series for each year commencing with the number one, and
the position of each law in the series shall be determined with
reference to the day on which the Governor made the law.
38. The Governor shall not, without having previously
obtained instructions through a Secretary of State, make
any law within any of the following classes, unless such
law contains a clause suspending its operation until the
signification of Her Majesty’s pleasure on it—
(a) any law whereby any grant of land or money, or
other donation or gratuity, may be made to the
Governor;
(b) any law affecting the currency of Pitcairn or relating
to the issue of banknotes;
(c) any law the provisions of which shall appear to
the Governor to be inconsistent with obligations
imposed on the United Kingdom by treaty;
(d) any law of an extraordinary nature and importance
whereby Her Majesty’s prerogative, or the rights
or property of Her subjects not residing in Pitcairn,
or the trade, transport or communications of any
territory under Her Majesty’s sovereignty may be
prejudiced;
(e) any law containing provisions which have been
disallowed by Her Majesty;
but the Governor may, without such instructions and although
the law contains no such suspending clause, enact any such law
(except a law of the class referred to in paragraph (c)) if the
Governor is satisfied that an urgent necessity exists requiring
that law to be brought into immediate operation; and in any
such case the Governor shall forthwith transmit a copy of the
law to a Secretary of State together with his or her reasons
for so enacting it.
39.—(1) All laws made by the Governor shall be published
in such manner and at such place or places in Pitcairn as the
l
Governor may from time to time direct.
(2) Every such law shall come into force on the date on
which it is published in accordance with subsection (1) unless
it is provided, either in such law or in some other enactment,
that it shall come into force on some other date, in which case
it shall come into force on that date.
40. When any law has been made, the Governor shall at
the earliest convenient opportunity transmit to a Secretary of
State a transcript in duplicate of the law, duly authenticated
under the Official Stamp and by his or her own signature,
together with an explanation of the reasons and occasion for
the making of the law.
41.—(1) Any law made by the Governor may be disallowed
by Her Majesty through a Secretary of State.
(2) Whenever a law has been disallowed by Her Majesty the
Governor shall, as soon as practicable, cause notice of such
disallowance to be published in such manner and in such place
or places in Pitcairn as the Governor may from time to time
direct, and the law shall be annulled with effect from the date
of the publication of that notice.
(3) Section 16(1) of the Interpretation Act 1978(a) shall
apply to the annulment of any law under this section as it
applies to the repeal of an Act of Parliament, save that any
enactment repealed or amended by or in pursuance of that law
shall have effect as from the date of the annulment as if that
law had not been made.
PART 6
THE ADMINISTRATION OF JUSTICE
42.—(1) Subject to subsection (2), the common law, the
rules of equity and the statutes of general application as in
force in and for England for the time being shall be in force
in Pitcairn.
(2) All the laws of England extended to Pitcairn by
subsection (1) shall be in force in Pitcairn so far only as the
local circumstances and the limits of local jurisdiction permit
and subject to any existing or future Ordinance, and for the
purpose of facilitating the application of the said laws it shall
be lawful to construe them with such formal alterations not
affecting the substance as to names, localities, courts, offices,
persons, moneys, penalties and otherwise as may be necessary
to render those laws applicable to the circumstances.
43.—(1) The courts of Pitcairn shall be the Pitcairn
(a) 1978 c.30.
li
Laws to be sent to a
Secretary of State
Disallowance of laws
Application of
English law
The courts of Pitcairn
Independence of the
judiciary
Constitution of
Supreme Court
Supreme Court, the Pitcairn Court of Appeal, and such courts
subordinate to the Supreme Court as may be established by
law.
(2) The Pitcairn (Appeals to Privy Council) Order 2000(a)
(as amended by this Order) shall continue to apply in relation
to appeals to Her Majesty in Council from judgments of the
Court of Appeal.
(3) Without prejudice to the generality of the power
conferred by section 36(1), the Governor may by any law
constitute courts for Pitcairn with such jurisdiction, and make
such provisions and regulations for the proceedings in such
courts and for the administration of justice, as the Governor
may think fit.
(4) Subject to any law, a court established under subsection
(3) shall sit in such place in Pitcairn as the Governor, acting in
accordance with the advice of the Chief Justice, may appoint;
but it may also sit in the United Kingdom, or in such other
place as the Governor, acting in accordance with the advice
of the Chief Justice, may appoint.
(5) Where a court sits, by virtue of subsection (4), in some
place other than Pitcairn, it may there exercise its jurisdiction
and powers in like manner as if it were sitting within Pitcairn,
but anything done there by virtue of this subsection shall have,
and shall have only, the same validity and effect as if done
in Pitcairn.
(6) The references in subsections (4) and (5) to a court
sitting and exercising its jurisdiction and powers in any place
include references to a judge or judicial officer or officer of
the court exercising in that place any jurisdiction or powers
or other functions vested in him or her as such by any law.
44. The judges and judicial officers appointed to preside
or sit in any court of Pitcairn shall exercise their judicial
functions independently from the legislative and executive
branches of government.
SUPREME COURT
45.—(1) There shall be a Supreme Court for Pitcairn which
shall be a superior court of record and shall be styled the
Pitcairn Supreme Court.
(2) Subject to this Constitution, the Supreme Court shall
have and may exercise all such jurisdiction in and in relation
to Pitcairn as is necessary to administer the law of Pitcairn.
(3) Without prejudice to the generality of subsection (2),
the Supreme Court shall possess and may exercise in and in
(a) S.I. 2000/1816, amended by SI 2009/224.
lii
relation to Pitcairn, subject to this Constitution and to any
other law, all the jurisdiction which is vested in, or is capable
of being exercised by, Her Majesty’s High Court of Justice in
and in relation to England.
(4) The Supreme Court shall have and use a seal bearing the
style of the Court and a device approved by the Chief Justice.
46.—(1) The Supreme Court may sit in Pitcairn or, in such
circumstances as may be prescribed by Ordinance, outside
Pitcairn.
(2) The Chief Justice when outside Pitcairn may exercise
such powers of revision, variation, confirmation or setting
aside of any sentence or order made by a subordinate court
as are conferred on him or her by any law.
47.—(1) The judges of the Supreme Court shall be a Chief
Justice and such number of other judges (if any) as may be
prescribed by law.
(2) If the office of Chief Justice is vacant, or the Chief
Justice has not assumed, or is for any reason unable to perform
the functions of, that office, those functions may be performed
by—
(a) the next most senior judge of the Supreme Court in
terms of the date of his or her appointment; or
(b) if there is no such judge, or if for any reason no such
judge is able to perform the functions of the office of
Chief Justice, then, unless this Constitution otherwise
provides, those functions may be performed by an
acting judge of the Supreme Court authorised to
perform those functions by the Governor.
(3) If—
(a) in the circumstances described in subsection (2),
there is no judge who can perform the functions of
the office of Chief Justice; or
(b) the state of the business of the Supreme Court
makes it desirable that an additional person should
be appointed by whom the Supreme Court may be
held,
the Governor may decide that an acting judge should be
appointed to hold the Supreme Court.
(4) A person shall not be qualified for appointment as the
Chief Justice or any other judge or acting judge of the Supreme
Court unless—
(a) he or she is, or has been, a judge of a court having
unlimited jurisdiction in civil and criminal matters
in some part of the Commonwealth or in Ireland,
liii
Sittings of Supreme
Court
Judges of Supreme
Court
Exercise of
jurisdiction of
Supreme Court
Constitution of Court
of Appeal
or a court having jurisdiction in appeals from any
such court; or
(b) he or she is entitled to practise as an advocate in
such a court and has been entitled for not less than
seven years to practise as an advocate or solicitor
in such a court.
(5) For the purposes of subsection (4), a person shall be
regarded as an advocate or a solicitor if he or she has been
called, enrolled or otherwise admitted as such (and has not
subsequently been disbarred or removed from the roll of
advocates or solicitors) notwithstanding that—
(a) he or she holds or acts in any office the holder of
which is, by reason of his or her office, precluded
from practising in a court; or
(b) he or she does not hold a practising certificate or
has not satisfied any other like condition of being
permitted to practise.
48.—(1) The Chief Justice or any other judge or acting judge
of the Supreme Court may hold the Supreme Court.
(2) A judge holding the Supreme Court has, in exercise of
the jurisdiction of that Court, all the powers and authority of
the Court, and, if not the Chief Justice, has the jurisdiction,
powers, authority, privileges and immunities conferred on the
Chief Justice.
(3) If, at any time, there are two or more judges who may
hold the Supreme Court, each of them may hold sittings of
the Court simultaneously.
(4) In this section “Chief Justice” means the person holding
the office of Chief Justice.
COURT OF APPEAL
49.—(1) There shall be a Court of Appeal for Pitcairn
which shall be a superior court of record and shall be styled
the Pitcairn Court of Appeal.
(2) The judges of the Court of Appeal shall be—
(a) a President and two or more Justices of Appeal; and
(b) the Chief Justice, who shall be a member of the
Court ex officio.
(3) A person shall not be qualified for appointment as
the President of the Court of Appeal or a Justice of Appeal
unless—
(a) he or she is, or has been, a judge of a court having
unlimited jurisdiction in civil and criminal matters
in some part of the Commonwealth or in Ireland,
or a court having jurisdiction in appeals from any
liv
such court; or
(b) he or she is entitled to practise as an advocate in
such a court and has been entitled for not less than
seven years to practise as an advocate or solicitor
in such a court.
(4) For the purposes of subsection (3), a person shall be
regarded as an advocate or a solicitor if he or she has been
called, enrolled or otherwise admitted as such (and has not
subsequently been disbarred or removed from the roll of
advocates or solicitors) notwithstanding that—
(a) he or she holds or acts in any office the holder of
which is, by reason of his or her office, precluded
from practising in a court; or
(b) he or she does not hold a practising certificate or
has not satisfied any other like condition of being
permitted to practise.
(5) At any time when the office of President of the Court of
Appeal is vacant or the person holding that office is for any
reason unable to perform the functions of that office, those
functions shall be performed by such one of the Justices of
Appeal or such other person qualified for appointment as a
Justice of Appeal as may from time to time be designated
for that purpose by the Governor or, in the absence of such
designation, by the Justice of Appeal who is the senior Justice
of Appeal in terms of date of appointment.
(6) The Court of Appeal shall have and use a seal bearing
the style of the Court and a device approved by the President
of the Court.
50.—(1) The Court of Appeal shall have jurisdiction to hear
and determine such appeals from the courts of Pitcairn as may
be prescribed by this Constitution or any other law.
(2) In connection with any appeal from a court of Pitcairn,
the Court of Appeal shall, subject to this Constitution and
any other law, have all the powers and jurisdiction that are
possessed by that court under any law; and decisions of the
Court of Appeal in respect of any appeal from a court of
Pitcairn shall, subject as aforesaid, be enforced in Pitcairn in
the same way as decisions of that court.
(3) The Court of Appeal may, in accordance with any
directions issued from time to time by the President of the
Court, sit in Pitcairn or elsewhere for the purpose of exercising
any jurisdiction and powers conferred on it by or under
this Constitution or by any rule made under section 51; but
anything done elsewhere than in Pitcairn by virtue of this
subsection shall have, and have only, the same validity and
effect as if done in Pitcairn.
lv
Jurisdiction of Court
of Appeal
Practice and
procedure on appeals
Appointment of
judges and judicial
officers
51.—(1) Subject to this Constitution, the President of the
Court of Appeal may make rules for regulating the practice and
procedure of the Court of Appeal with respect to appeals from
the courts of Pitcairn and, in connection with such appeals, for
regulating the practice and procedure in any court of Pitcairn
from which such appeals are brought.
(2) Without prejudice to the generality of subsection (1),
rules of court may be made for the following purposes—
(a) for regulating the sittings of the Court of Appeal,
whether in divisions or otherwise, and the selection
of judges for any purpose;
(b) for regulating the right of practising before the
Court of Appeal and the representation of persons
concerned in any proceedings in the Court;
(c) for prescribing cases in which, and conditions on
which, an appellant in a criminal appeal to the
Court of Appeal shall be entitled to be present at
the hearing of the appeal;
(d) for providing for the summary determination of
any appeal which appears to the Court of Appeal
to be frivolous or vexatious or to be brought for the
purposes of delay;
(e) for prescribing the forms and fees in respect of
proceedings in the Court of Appeal and regulating
the costs of and incidental to any such proceedings;
(f) for prescribing and regulating the powers and duties
of registrars and officers of the Court of Appeal;
(g) for prescribing the time within which any requirement
of the rules is to be complied with;
(h) for providing for a reference to the Court of Appeal
from a decision of a single judge.
(3) Rules made under this section may fix the number of
judges of the Court of Appeal who may sit for any purpose;
but—
(a) an uneven number shall sit, which, for the purposes
of any final determination by the Court other than
the summary dismissal of an appeal, shall not be
fewer than three; and
(b) any determination by the Court on any matter
(whether final or otherwise) shall, where more
than one judge sits, be according to the opinion of
a majority of the judges who sit for the purpose of
determining that matter.
GENERAL
52.—(1) The Governor, on instructions from Her Majesty
lvi
given through a Secretary of State, shall appoint—
(a) the Chief Justice and any other judges of the
Supreme Court; and
(b) the President of the Court of Appeal and the Justices
of Appeal.
(2) The Governor, acting in accordance with the advice
of the Chief Justice, shall appoint any acting judge of the
Supreme Court.
(3) The Governor shall appoint any judicial officers.
(4) Every person appointed under this section shall, subject
to this Constitution, hold office on such terms and conditions
as the Governor may prescribe.
(5) Before entering upon the functions of the office, every
holder of a judicial office referred to in this section shall make
an oath or affirmation of allegiance and the judicial oath or
affirmation in the forms set out in the Schedule.
53.—(1) There shall be paid to every judge or judicial officer
such remuneration as may be agreed between the Governor
and the judge or judicial officer immediately before his or her
appointment, and such remuneration shall be charged on the
public funds of Pitcairn.
(2) The remuneration and allowances and other terms and
conditions of a judge or a judicial officer shall not be altered
to the disadvantage of the judge or judicial officer during his
or her continuance in office.
54.—(1) Subject to the following provisions of this section,
the Chief Justice, any other judge of the Supreme Court, the
President of the Court of Appeal and any Justice of Appeal
shall hold office until he or she attains the age of 75 years; but
the Governor may permit any such person who has attained
the age of 75 years to remain in office for such fixed period,
not exceeding two years, as may have been agreed between
that person and the Governor.
(2) An acting judge of the Supreme Court shall be appointed
either—
(a) for a term specified in the instrument of appointment;
or
(b) if the appointee is acting in the place of a Chief Justice
or other judge whose office is vacant, or who has not
assumed, or is for any reason unable to perform the
functions of, that office, for a term expiring on the
assumption or resumption by the Chief Justice or
other judge of the functions of the office.
(3) A judge may, when his or her appointment expires,
continue so to act for the purposes of giving judgment or
lvii
Remuneration
Tenure of office of
judges
otherwise in relation to any proceeding commenced before
him or her while his or her appointment was subsisting.
(4) A judge may at any time resign from office by writing
under his or her hand addressed to the Governor.
(5) Nothing done by a judge shall be invalid by reason only
that the judge has attained the age at which he or she is required
by or under this section to retire from office.
(6) The office of a judge shall not be abolished during the
continuance in office of the judge without his or her consent.
(7) A judge may be removed from office only for inability
to discharge the functions of his or her office (whether arising
from infirmity of body or mind or any other cause) or for
misbehaviour and shall not be removed except in accordance
with subsection (8).
(8) A judge shall be removed from office by the Governor by
instrument stamped with the Official Stamp if the question of
the removal of that judge from office has, at the request of the
Governor made in pursuance of subsection (9), been referred
by Her Majesty to the Judicial Committee of Her Majesty’s
Privy Council under section 4 of the Judicial Committee Act
1833(a) or any other enactment enabling Her Majesty in that
behalf, and the Judicial Committee has advised Her Majesty
that the judge should be removed from office for inability as
aforesaid or for misbehaviour.
(9) If the Governor considers that the question of removing a
judge from office for inability as aforesaid or for misbehaviour
ought to be investigated, then—
(a) the Governor shall appoint a tribunal, which shall
consist of a convenor and two other members,
selected by the Governor from among persons
who hold or have held office as a judge of a court
having unlimited jurisdiction in civil and criminal
matters in one or more Commonwealth countries or
in Ireland or a court having jurisdiction in appeals
from any such court;
(b) the tribunal shall inquire into the matter and report
on the facts thereof to the Governor and advise the
Governor whether he or she should request that
the question of the removal of that judge should be
referred by Her Majesty to the Judicial Committee;
and
(c) if the tribunal so advises, the Governor shall request
that the question should be referred accordingly.
(10) The Commissions of Inquiry Ordinance shall apply
(a)
1833 c. 41.
lviii
mutatis mutandis in relation to a tribunal appointed under
subsection (9) and the expenses of any such inquiry shall be
charged on the public funds of Pitcairn.
(11) If the question of removing a judge from office has
been referred to a tribunal under subsection (9), the Governor
may suspend the judge from performing the functions of that
office, and any such suspension may at any time be revoked
by the Governor and shall in any case cease to have effect—
(a) if the tribunal advises the Governor that he or she
should not request that the question of the removal
of the judge from office should be referred by Her
Majesty to the Judicial Committee; or
(b) if the Judicial Committee advises Her Majesty that
the judge should not be removed from office.
55.—(1) A judicial officer shall be appointed for life, or
until the appointee reaches such an age as may be prescribed
by Ordinance.
(2) A judicial officer may, when his or her appointment
expires, continue so to act for the purposes of giving judgment
or otherwise in relation to any proceeding commenced before
him or her while his or her appointment was subsisting.
(3) A judicial officer may at any time resign from office
by writing under his or her hand addressed to the Governor.
(4) A judicial officer may be removed from office only
for inability to discharge the functions of his or her office
(whether arising from infirmity of body or mind or any other
cause) or for misbehaviour and shall not be removed except
in accordance with subsection (5).
(5) The Governor may remove a judicial officer from office
if the Governor, after such enquiries as he or she considers
appropriate, determines that the judicial officer concerned
should be removed from office for inability as aforesaid or
for misbehaviour.
(6) A person who has been removed from office as a judicial
officer by the Governor may apply to the Supreme Court
for redress on the ground that any finding of fact or law on
which the Governor based his or her decision was unjustified
or wrong; and, for the purpose of affording such redress,
the Supreme Court may make such declarations and orders,
issue such writs and give such directions as it considers
appropriate.
lix
Tenure of office of
judicial officers
Appointments etc of
officers of Pitcairn
Public Service
Terms and conditions
of employment
Audit
PART 7
PUBLIC SERVICE
56.—(1) The Governor may make appointments to any
office in the Pitcairn Public Service, and any person so
appointed, unless otherwise provided by law, shall hold his
or her office during Her Majesty’s pleasure.
(2) The Governor may, subject to any law and to such
instructions as may from time to time be given to him or her
by Her Majesty through a Secretary of State, upon sufficient
cause to the Governor appearing—
(a) remove from office or suspend from performing
the functions of his or her office any officer of the
Pitcairn Public Service; or
(b) take such other disciplinary action as may seem
to the Governor desirable in relation to any such
officer.
(3) The Governor may by directions in writing delegate the
powers conferred on him or her by subsections (1) and (2) to
any officer or officers of the Pitcairn Public Service to such
extent, and subject to such conditions, as may be specified in
the directions.
(4) The Governor may, whenever he or she thinks fit, require
any officer of the Pitcairn Public Service to make an oath or
affirmation of allegiance in the form set out in the Schedule,
together with such other oaths or affirmations as may from
time to time be prescribed by any law in the form prescribed by
any such law; and the Governor shall administer such oaths or
affirmations or cause them to be administered by some officer
of the Pitcairn Public Service.
(5) This section is without prejudice to section 35.
57.—(1) The Governor shall approve (and may from time
to time amend) a Code of Management by or under which the
terms and conditions of employment of officers of the Pitcairn
Public Service, or any branch of it, shall be determined.
(2) Subject to any such Code of Management, the terms
and conditions of the employment of an individual officer of
the Pitcairn Public Service shall be as agreed in that officer’s
contract of employment or implied by any rule of law.
PART 8
AUDIT
58.—(1) The Governor shall make appropriate arrangements
for the audit of the public accounts of Pitcairn and of all courts
of Pitcairn and all authorities and offices of the Government
of Pitcairn; and any person or authority conducting such an
lx
audit shall have access to all books, records, reports and other
documents relating to those accounts.
(2) Any person or authority conducting an audit pursuant to
subsection (1) shall act independently and shall not be subject
to the direction or control of the Governor, the Island Council
or any other person or authority.
PART 9
OMBUDSMAN
59.—(1) The Governor may from time to time appoint an
Ombudsman to investigate, in accordance with any Ordinance
enacted under section 36, any complaint of maladministration
in the government of Pitcairn or such other matters as may be
prescribed by Ordinance.
(2) No person shall be qualified to be appointed as an
Ombudsman if he or she is a member of the Island Council
or an officer of the Pitcairn Public Service.
(3) An Ombudsman shall vacate office—
(a) at the expiration of the period specified in the
instrument by which he or she was appointed;
(b) if he or she resigns office by writing under his or
her hand addressed to the Governor;
(c) if he or she becomes a member of the Island Council
or an officer of the Pitcairn Public Service; or
(d) if the Governor directs that he or she shall be
removed from office for inability to discharge
the functions of the office (whether arising from
infirmity of body or mind or from any other cause)
or for misbehaviour.
60.—(1) An Ombudsman shall have such functions, powers
and jurisdiction as may be prescribed by Ordinance.
(2) In the investigation of any complaint or other matter, an
Ombudsman shall act independently and shall not be subject
to the direction or control of the Governor, the Island Council
or any other person or authority.
PART 10
MISCELLANEOUS
61. In this Constitution, unless it is otherwise provided
or required by the context—
“breach”, in relation to any provision of this Constitution,
includes a failure to comply with that provision, and
cognate expressions shall be construed accordingly;
“court” means any subordinate court, the Supreme Court
lxi
Ombudsman
Functions of
Ombudsman
Interpretation
or the Court of Appeal, and includes Her Majesty
in Council;
“Court of Appeal” means the Pitcairn Court of Appeal
established by section 49;
“functions” includes powers and duties;
“Island Council” means the Island Council of Pitcairn
established by section 34;
“judge” means the Chief Justice or another judge of
the Supreme Court, the President of the Court of
Appeal, a Justice of Appeal, or an acting judge of
the Supreme Court;
“judicial officer” means a magistrate, an island magistrate,
a judge of a subordinate court or any other person
who is authorised to exercise the powers of such a
judge, a registrar of the Supreme Court or a registrar
of the Court of Appeal;
“law” means law in force in Pitcairn, and “lawful” and
“lawfully” shall be construed accordingly;
“minor” means a person who has not attained the age
of eighteen years or such other age as may be
prescribed for the purposes of this Constitution by
any other law;
“officer of the Pitcairn Public Service” means the holder
of any office in the Pitcairn Public Service and
any other employee of the Public Service (except
a casual worker), and includes a person appointed
to act as an officer of the Pitcairn Public Service;
“Ordinance” means a law made by the Governor in
respect of Pitcairn;
“period of public emergency” means any period during
which—
(a) there is, in or affecting Pitcairn, a war or other public
emergency threatening the life of the nation; and
(b) a proclamation of a state of emergency is in force
under a law;
“Pitcairn” means Pitcairn, Henderson, Ducie and Oeno
Islands;
“Pitcairn Public Service” means the service of the Crown
in a civil capacity in respect of the government
of Pitcairn, and includes service as a member of
any police force, prison service or fire service of
Pitcairn; but does not include service as a judge or
judicial officer or service as a member of the Island
Council, any committee of the Council or, unless
otherwise provided by a law, of any other public
authority;
lxii
“subordinate court” means a court of Pitcairn subordinate
to the Supreme Court that has been established by
law;
“Supreme Court” means the Pitcairn Supreme Court
established by section 45.
62. In this Constitution, unless it is otherwise provided or
required by the context, a reference to the holder of an office
by the term designating his or her office shall be construed
as including a reference to any person acting in that office or,
to the extent of his or her authority, otherwise performing the
functions of that office.
63.—(1) Any power conferred by this Constitution to
make any subsidiary instrument or to give any instructions or
directions shall be construed as including a power exercisable
in like manner to amend or revoke any such instrument,
instructions or directions.
(2) In subsection (1), “subsidiary instrument” means any
proclamation, regulation, order, rule or other like instrument
having the force of law.
64.—(1) Where any person has vacated any office
established by this Constitution, he or she may, if qualified,
again be appointed or elected or otherwise selected to hold
that office in accordance with this Constitution.
(2) Where a power is conferred by this Constitution on any
person to make any appointment to any office, a person may
be appointed to that office even though some other person may
be holding that office, when that other person is on leave of
absence pending relinquishment of that office; and where two
or more persons are holding the same office by reason of an
appointment made in pursuance of this subsection, then, for
the purposes of any function conferred on the holder of that
office, the person last appointed to that office shall be deemed
to be the sole holder of the office.
(3) In this Constitution, unless it is otherwise provided
or required by the context, any reference to power to make
appointments to an office shall be construed as including
reference to power to make appointments on promotion and
transfer to that office and power to appoint a person to act in
that office during any period when it is vacant or the holder
of it is unable (whether by reason of absence or infirmity of
body or mind or any other cause) to perform the functions of
that office.
(4) Where by this Constitution any person is directed, or
power is conferred on any person or authority to appoint a
lxiii
References to the
holder of an office
to include a person
acting in the office
Power to amend and
revoke instruments,
etc
Appointments
Removal from office
Resignations
person, to act in an office if the holder of it is unable to perform
the functions of that office, the validity of any performance of
those functions by the person so directed or of any appointment
made in exercise of that power shall not be called into question
in any court on the grounds that the holder of the office is not
unable to perform the functions of the office.
65. References in this Constitution to the power to
remove an officer of the Pitcairn Public Service from his or
her office shall be construed as including references to any
power conferred by any law to require or permit that officer
to retire from the Public Service and to any power or right
to terminate a contract on which a person is employed in the
Public Service and to determine whether any such contract
shall or shall not be renewed.
66.—(1) Any person who is appointed to any office
established by or under this Constitution may resign from that
office by writing under his or her hand addressed to the person
or authority by whom he or she was appointed.
(2) The resignation of any person from any office established
by or under this Constitution takes effect when the writing
signifying the resignation is received by the person or authority
to whom it is addressed or by any other person authorised by
that person or authority to receive it.
lxiv
SCHEDULE TO THE CONSTITUTION
FORMS OF OATHS AND AFFIRMATIONS
1. Oath of allegiance
I…………………………do swear that I will be faithful
and bear true allegiance to Her Majesty Queen Elizabeth the
Second, Her Heirs and Successors, according to law. So help
me God.
2. Oath for due execution of office of Governor
I…………………………do swear that I will well and truly
serve Her Majesty Queen Elizabeth the Second, Her Heirs
and Successors in the office of Governor in accordance with
the Constitution and other laws of Pitcairn. So help me God.
3. Judicial Oath
I…………………………do swear that I will well and truly
serve Her Majesty Queen Elizabeth the Second, Her Heirs and
Successors in the office of…………………………and I will
do right to all manner of people according to law, without fear
or favour, affection or ill-will. So help me God.
4. Affirmations
In the forms above respectively set forth, for the word
“swear” there shall be substituted the words “solemnly and
sincerely affirm and declare”, and the words “So help me
God” shall be omitted.
lxv
Notice under Section 43(4) of the Constitution of
Pitcairn appointing places at which the Magistrate’s
Court may sit
Under the power conferred by s43(4) of the Constitution of
Pitcairn, and in accordance with the advice of the Chief Justice,
I hereby appoint the following places as places at which the
Magistrate’s Court may sit:
Adamstown in Pitcairn
Any place within New Zealand
Victoria Treadell
Governor of Pitcairn, Henderson, Ducie and Oeno
Islands
Date: 29 July 2010
lxvi
2000 No.1816
JUDICIAL COMMITTEE
The Pitcairn (Appeals to Privy Council) Order 2000
12th July 2000
14th August 2000
Made – – – – –
Coming into Operation
At the Court at Buckingham Palace, the 12th day of July 2000
Present,
The Queen’s Most Excellent Majesty in Council
Her Majesty, in exercise of the powers conferred upon Her by section 1 of
the Judicial Committee Act 1844(a), is pleased, by and with the advice of
Her Privy Council, to order, and it is hereby ordered as follows:—
Citation and commencement
1. This Order may be cited as the Pitcairn (Appeals to Privy Council)
Order 2000 and shall come into operation on 14th August 2000.
Interpretation
2. In this Order unless the contrary intention appears:
“appeal” means appeal from a judgment of the Court to Her Majesty
in Council;
[“Court” means the Pitcairn Court of Appeal established by the
Constitution set out in Schedule 2 to the Pitcairn Constitution
Order 2010;]
(Amended by the Pitcairn Constitution Order 2010)
“the Islands” means the Pitcairn, Henderson, Ducie and Oeno Islands;
“judgment” means a judgment of the Court given in exercise of any
jurisdiction conferred upon it by any law for the time being in
force in the Islands and includes a decree, order, ruling, sentence
or decision of the Court;
“the Judicial Committee” means the Judicial Committee of the Privy
Council;
“the record” means the aggregate of papers relating to an appeal
(including pleadings, proceedings, evidence and judgments)
proper to be laid before Her Majesty in Council on the hearing
of an appeal;
“the Registrar” means the Registrar of the Court or other proper officer
having custody of the records of the Court.
(a) 1844 c. 69.
lxvii
Appeals to Her Majesty in Council
3. Subject to the provisions of this Order, an appeal shall lie—
(a) as of right, from any final judgment where the matter in dispute
on the appeal amounts to or is of the value of £5,000 or upwards,
or where the appeal involves directly or indirectly some claim or
question to or respecting property or some civil right amounting
to or of the said value or upwards; and
(b) at the discretion of the Court, from any other judgment, whether
final or interlocutory, if, in the opinion of the Court, the question
involved in the appeal is one which, by reason of its great or
general importance or otherwise, ought to be submitted to Her
Majesty in Council for decision.
Applications for leave to appeal
4. Application to appeal shall be made by motion or petition within
21 days of the date of the judgment to be appealed from, and the applicant
shall give all other parties concerned notice of his intended application.
Conditional leave to appeal
5. Leave to appeal under article 3 of this Order shall, in the first instance,
be granted by the Court only—
(a) upon condition of the appellant, within a period to be fixed
by the Court but not exceeding 90 days from the date of the
hearing of the application for leave to appeal, entering into
good and sufficient security to the satisfaction of the Court
in a sum not exceeding £1,000 for the due prosecution of the
appeal and for the payment of all such costs as may become
payable by the applicant in the event of his not obtaining an
order granting final leave to appeal, or of the appeal being
dismissed for non-prosecution, or of the Judicial Committee
ordering the appellant to pay costs of the appeal (as the case
may be); and
(b) upon such other conditions (if any) as to the time or times within
which the appellant shall take the necessary steps for the purposes
of procuring the preparation of the record and the dispatch thereof
to the Registrar of the Privy Council as the Court, having regard
to all the circumstances of the case, may impose.
Power of a single judge
6. All or any of the powers and functions of the Court under this Order,
except the exercise of the discretion conferred by article 3(b) of this Order,
may be exercised by any judge of the Court:
Provided that any order, directions or decision made or given in
pursuance of this article may be varied, discharged or reversed
lxviii
by the Court when consisting of three judges, which may include
the judge who made or gave the order, directions or decision.
Stay of execution
7. Where the judgment appealed from requires the appellant to pay
money or do any act, the Court shall have power, when granting leave to
appeal, either to direct that the judgment shall be carried into execution
or that the execution thereof shall be suspended pending the appeal, as
the Court considers just; and, if the Court directs the said judgment to
be carried into execution, the person in whose favour it was given shall,
before the execution thereof, enter into good and sufficient security, to the
satisfaction of the Court, for the due performance of such Order as Her
Majesty in Council thinks fit to make thereon.
Manner of providing security
8. For the purposes of articles 5 and 7 of this Order, a person may
provide security in any manner that the Court may approve in his case, and
for the avoidance of doubt it is declared that such security may, with the
approval of the Court, consist in whole or in part of a deposit of money.
Preparation of record
9.—( 1) The preparation of the record shall be subject to the supervision
of the Court and the parties may submit any disputed question arising in
connection therewith to the decision of the Court; and the Court shall give
such directions thereon as the justice of the case may require.
(2) The Registrar, as well as the parties and their legal agents, shall
endeavour to exclude from the record all documents (more particularly such
as are merely formal) that are not relevant to the subject matter of the appeal
and, generally, to reduce the bulk of the record as far as practicable, taking
special care to avoid the duplication of documents and the unnecessary
repetition of headings and other merely formal parts of documents; but the
documents omitted to be copied or printed shall be enumerated in a list to
be transmitted with the record.
(3) Where, in the course of the preparation of a record, one party objects
to the inclusion of a document on the ground that it is unnecessary or
irrelevant and the other party nevertheless insists upon its being included,
the record as finally printed shall, with a view to the subsequent adjustment
of the costs of and incidental to such document, indicate, in the index of
papers or otherwise, the fact that, and the party by whom, the inclusion of
the document was objected to.
(4) The reasons given by the judges of the Court for or against any
judgment pronounced in the course of the proceedings out of which the
appeal arises shall be communicated by them in writing to the Registrar
and shall be included in the record.
lxix
Printing of the record
10.—(1) The record may be printed in the Islands or elsewhere outside
the United Kingdom or in the United Kingdom if the parties agree to its
being printed but, in the absence of such agreement, shall be duplicated
by process approved by the Registrar of the Privy Council. If the record is
to be printed, it shall be printed in accordance with the Rules set forth in
the Schedule to this Order.
(2) Where the record is printed outside the United Kingdom, the Registrar
shall, at the expense of the appellant, transmit to the Registrar of the Privy
Council 30 copies, one of which he shall certify to be correct by signing
his name on, or initialling, every 8th page thereof and by affixing thereto
the seal of the Court.
(3) Where the record is to be printed or duplicated in the United Kingdom
the Registrar shall, at the expense of the appellant, transmit to the Registrar
of the Privy Council one certified copy, together with an index of all the
papers and exhibits in the case. No other certified copies of the record shall
be transmitted to the agents in the United Kingdom by or on behalf of the
parties to the appeal.
(4) Where part of the record is printed outside the United Kingdom and
part is to be printed or duplicated in the United Kingdom, paragraphs (2) and
(3) of this Article shall, as far as possible, apply to such parts as are printed
outside the United Kingdom and such as are to be printed or duplicated in
the United Kingdom respectively.
Consolidation of appeals
11. Where there are two or more applications for leave to appeal
arising out of the same matter and the Court is of opinion that it would be
for the convenience of the Lords of the Judicial Committee and all parties
concerned that the appeals should be consolidated, the Court may direct
the appeals to be consolidated and grant leave to appeal by a single order.
Failure to prosecute appeal
12. Where an appellant, having obtained an order granting conditional
leave to appeal and having complied with the conditions imposed on him by
such order, fails thereafter to apply with due diligence to the Court for an
order granting final leave to appeal, the Court may, on an application in that
behalf made by the respondent, rescind the order granting conditional leave
to appeal, notwithstanding the appellant’s compliance with the conditions
imposed by such an order, and may give such directions as to the costs of
the appeal and security entered into by the appellant as the Court thinks
fit, or make such further or other order as, in the opinion of the Court, the
justice of the case requires.
lxx
Notice to other parties
13.—(1) On an application for final leave to appeal, the Court may
enquire whether notice of the application has been given by the appellant
to parties concerned and, if not satisfied as to the notices given, may defer
the granting of the final leave to appeal or may give such other directions
in the matter as, in the opinion of the Court, the justice of the case requires.
(2) The Registrar shall, with all convenient speed, transmit to the
Registrar of the Privy Council a certificate to the effect that the respondent
has received notice or is otherwise aware of the order of the Court granting
final leave to appeal and of the transmission of the record to the Registrar
of the Privy Council.
Prosecution of appeal
14. An appellant who has obtained final leave to appeal shall prosecute
the appeal in accordance with the Rules for the time being regulating the
general practice and procedure in appeals to Her Majesty in Council.
Withdrawal of appeal
15.—(1) An appellant who has obtained an order granting conditional
leave to appeal may, at any time prior to the making of an order granting
final leave to appeal, withdraw the appeal on such terms as to costs and
otherwise as the Court may direct.
(2) Where an appellant, having obtained final leave to appeal, desires
to withdraw the appeal, the Court may, upon an application in that behalf
made by the appellant, grant a certificate to the effect that the appeal has
been withdrawn; and the appeal shall thereupon be deemed, as from the
date of such certificate, to stand dismissed without express Order of Her
Majesty in Council, and the costs of the appeal and the security entered into
by the appellant shall be dealt with in such manner as the Court may direct.
Dismissal for non-prosecution
16. Where an appellant, having obtained final leave to appeal, fails
to show due diligence in taking all necessary steps for the purpose of
procuring the dispatch of the record to the Registrar of the Privy Council,
any respondent may, after giving the appellant due notice of the intended
application, apply to the Court for a certificate that the appeal has not been
effectually prosecuted by the appellant; and, if the Court grants such a
certificate, the appeal shall be deemed, as from the date of such certificate, to
stand dismissed for non-prosecution without express Order of Her Majesty
in Council, and the costs of the appeal and the security entered into by the
appellant shall be dealt with in such manner as the Court may direct.
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Substituting parties
17.—(1) Where, at any time between the order granting final leave to
appeal and the dispatch of the record to the Registrar of the Privy Council,
the record becomes defective by reason of the death or change of status of a
party to the appeal, the Court may, notwithstanding the order granting final
leave to appeal and on an application in that behalf made by any person
interested, grant a certificate showing who, in the opinion of the Court, is
the proper person to be substituted or entered on the record in place of or
in addition to the party who has died or undergone a change of status; and
the name of such person shall thereupon be deemed to be so substituted
or entered on the record without express Order of Her Majesty in Council.
(2) Where the record, after its dispatch to the Registrar of the Privy
Council, becomes defective by reason of the death or change of status of
a party of the appeal, the Court shall, upon an application in that behalf
made by any person interested, cause a certificate to be transmitted to the
Registrar of the Privy Council showing who, in the opinion of the Court,
is the proper person to be substituted or entered on the record in place of
or in addition to the party who has died or undergone a change of status.
Printing of case
18. The case of each party to the appeal may be printed in the Islands
or elsewhere outside the United Kingdom or may be printed or duplicated
in the United Kingdom and shall, in either event, be printed or duplicated
in accordance with the Rules set forth in the Schedule to this Order, and
shall be signed by at least one of the counsel who attends at the hearing
of the appeal or by the party himself if he conducts the appeal in person.
Form of case
19. The case shall consist of paragraphs numbered consecutively and
shall state, as concisely as possible, the circumstances out of which the
appeal arises, the contentions to be urged by the party lodging the case and
the reasons of appeal. Reference by page and line to the relevant portions of
the record as printed or duplicated shall, as far as practicable, be printed or
duplicated in the margin and care shall be taken to avoid, as far as possible,
the reproduction in the case of long extracts from the record. The taxing
officer, in taxing the costs of appeal, shall, either of his own motion or at
the instance of any party, inquire into any unnecessary prolixity in the case
and shall disallow the costs occasioned thereby.
Costs incurred otherwise than before Judicial Committee
20. Where the Judicial Committee directs a party to bear the costs of
an appeal incurred otherwise than before the Judicial Committee, such
costs shall be taxed by the proper officer of the Court in accordance with
the rules for the time being regulating taxation in the Court.
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Enforcing judgment
21. Any Order which Her Majesty in Council may think fit to make on
an appeal from a judgment of the Court may be enforced in like manner as
any judgment of the Court should or might have been executed.
Special leave to appeal
22. Nothing in this Order contained shall be deemed to interfere with
the right of Her Majesty, upon the humble petition of any person aggrieved
by any judgment of the Court, to admit his appeal therefrom upon such
conditions as Her Majesty in Council may impose.
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SCHEDULE
Articles 10(1) and 18
Rules as to reproduction of documents
1.—(1) All records, cases and other proceedings in appeals or other matters pending
before her Majesty in Council or the Judicial Committee which are required by the above
Rules to be reproduced shall be reproduced on A4 ISO paper.
(2) Each page shall be numbered.
(3) The number of lines on each page of type shall be 47 or thereabouts, and every
tenth line shall be numbered in the margin.
2. The record shall, where practicable, be arranged in two parts in the same volume,
viz:
Part I. The pleadings and proceedings, the transcript of the evidence of the witnesses,
the judgments, orders etc., of the courts below down to the order admitting
the appeal.
Part II. The exhibits and documents.
3.—(1) The index to both parts of the record shall be placed at the beginning of Part I.
(2) Where a record is in more than one volume, each volume shall contain an index
of its contents.
(3) The index to Part I shall be in chronological order; the index to Part II shall follow
the order of the exhibit marks.
(4) A list of any documents transmitted to the Privy Council but not reproduced shall
be inserted in the record after the index to Part II.
4.—(1) The documents in Part I of the record shall be arranged in chronological order.
(2) (a) Part II shall be arranged in the most convenient way for the use of the Judicial
Committee, as the circumstances of the case require.
(b) The documents shall be as far as suitable in chronological order, mixing
plaintiff’s and defendant’s documents together when necessary.
(c) Each document shall show its exhibit mark and whether it is a plaintiff’s or
defendant’s document (unless this is clear from the exhibit mark).
(d) Documents relating to the same matter, such as
(i) a series of correspondence, or
(ii) proceedings in a suit other than the one under appeal, shall be kept
together.
(e) The page number of each document shall be inserted in the index.
5.—(1) The documents in Part I shall be numbered consecutively.
(2) The documents in Part II shall not be numbered, apart from the exhibit mark.
6. Each document shall have a heading which shall consist of the number or exhibit
mark and the description of the document in the index, without the date.
7. Each document shall have a marginal note which shall be repeated on each page
over which the document extends, viz:-
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(a)
PART I
Where the case has been before more than one court, the short name of the
court shall first appear. Where the case has been before only one court, the
name of the court need not appear.
(b) The marginal note of the document shall then appear consisting of the number
and the description of the document in the index, with the date, except in the
case of oral evidence.
(c) In the case of oral evidence, “plaintiff’s evidence” or “defendant’s
evidence” shall appear beneath the name of the court, and then the marginal
note consisting of the number in the index and the witness’s name, with
“examination”, “cross-examination” or “re-examination”, as the case may be.
PART II
The word “Exhibits” shall first appear.
The marginal note of the exhibit shall then appear consisting of the exhibit mark and
the description of the document in the index, with the date.
8.—(1) The parties shall agree to the omission of formal and irrelevant documents,
but the description of the document may appear (both in the index and in the record), if
desired, with the words “not reproduced” against it.
(2) A long series of documents, such as accounts, rent rolls, inventories, etc., shall not
be reproduced in full unless Counsel so advise, but the parties shall agree to short extracts
being reproduced as specimens.
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