- CONSTITUTION of THE INDEPENDENT STATE OF PAPUA NEW GUINEA.
- PREAMBLE.
- PART I.—INTRODUCTORY.
- PART II.—THE NATIONAL LEGAL SYSTEM.
- PART III.—BASIC PRINCIPLES OF GOVERNMENT.
- Division 1.—National Goals and Directive Principles.
- Division 2.—Leadership Code.
- Division 3.—Basic Rights.
- Division 4.—Principles of Natural Justice.
- Division 5.—Basic Social Obligations.
- PART IV.—CITIZENSHIP.
- PART V.—THE HEAD OF STATE.
- Division 1.—The Head of State.
- Division 2.—Functions, etc., of the Head of State.
- Division 3.—Appointment, etc., of Governor-General.
- 87. Qualifications for appointment.
- 88. Appointment to office.
- 89. Assumption of office.
- 90. Declaration of Loyalty, etc.
- 91. Normal term of office.
- 92. Resignation.
- 93. Dismissal and removal from office.
- 94. Suspension from office.
- 95. Acting Governor-General.
- 96. Terms and conditions of employment.
- Division 4.—General.
- PART VI.—THE NATIONAL GOVERNMENT.
- Division 1.—General Principles.
- Division 2.—The National Parliament.
- Subdivision A.—The Legislative Power.
- Subdivision B.—Composition of the National Parliament.
- Subdivision C.—The Speaker and the Deputy Speaker.
- Subdivision D.—Powers, Privileges and Procedures.
- Subdivision E.—The Committee System.
- 118. Permanent Parliamentary Committees.
- 119. Chairmen and Deputy Chairmen.
- 120. Roles of Chairmen and Deputy Chairmen of Permanent Parliamentary Committees.
- 121. Sessional Committees, Select Committees, etc.
- 122. Arrangement of Parliamentary business in relation to Committees.
- 123. Membership of Parliamentary Committees.
- Subdivision F.—Calling, etc., of the Parliament.
- Subdivision G.—Electorates and Elections.
- Subdivision H.—Protection of Elections from Outside or HiddenInfluence, and Strengthening of Political Parties.
- Subdivision I.—General.
- Division 3.—Special Instances of the Legislative Power.
- Division 4.—The National Executive.
- Division 5.—The Administration of Justice.
- Subdivision A.—General Structure and Principles of the NationalJustice Administration.
- Subdivision B.—The Judicial Power.
- Subdivision C.—The Supreme Court of Justice.
- Subdivision D.—The National Court of Justice.
- Subdivision E.—Appointment, etc., of Judges.
- Subdivision F.—Inferior Courts, the Magisterial Service, etc.
- Subdivision G.—The Public Prosecutor and the Public Solicitor.
- Subdivision H.—Removal from Office of Senior Judicial and Legal Office-holders.
- Subdivision I.—The Judicial and Legal Services Commission.
- Subdivision J.—Miscellaneous.
- PART VIA.—PROVINCIAL GOVERNMENTS AND LOCAL-LEVEL GOVERNMENTS.
- 187A. Provincial Governments and Local-level Governments system.
- 187B. Grant of Provincial Government and Local-level Government.
- 187C. Constitution, functions, etc., of Provincial Governments and Local-level Governments.
- 187D. Inconsistency and justiciability of provincial laws and local-level laws.
- 187E. Suspension of Provincial Governments and Local-level Governments.
- 187F. Re-establishment of Provincial Governments and Local-level Governments.
- 187G. Gradations of Provincial Governments and Local-level Governments.
- 187H. National Economic and Fiscal Commission.
- 187I. Local and village governments.
- 187J. Reports on Provincial Governments and Local-level Governments.
- PART VII.—THE STATE SERVICES.
- Division 1.—Introductory.
- Division 2.—The Public Services Commission.
- Division 3.—The State Services Generally.
- Division 4.—Special Provisions in Relation to the Police Force.
- Division 5.—Special Provisions in Relation to the Defence Force.
- Division 6.—Special Provisions relating to Disciplined Forces.
- PART VIII.—SUPERVISION AND CONTROL.
- PART IX.—CONSTITUTIONAL OFFICE-HOLDERS AND CONSTITUTIONAL INSTITUTIONS.
- PART X.—EMERGENCY POWERS.
- Division 1.—Introductory.
- Division 2.—Periods of Declared National Emergency.
- Division 3.—Emergency Measures.
- 230. Emergency Acts.
- 231. Emergency Regulations.
- 232. Emergency orders.
- 233. Content, operations, etc., of emergency laws.
- 234. Release from custody on expiry, etc., of Emergency Regulations.
- 235. Custody of members of Parliament under Emergency Regulations or in internment.
- 236. Revocation, etc., of emergency laws, etc.
- 237. Automatic termination of emergency laws, etc.
- 238. Extension of Emergency Acts.
- Division 4.—Parliamentary Supervision and Control.
- Division 5.—Internment.
- Division 6.—Miscellaneous.
- PART XI.—MISCELLANEOUS.
- 247. Legal capacity of the Independent State of Papua New Guinea.
- 248. Vesting of rights and liabilities of former Government.
- 249. Declarations by certain office-holders.
- 250. Making of Declaration of Loyalty, etc.
- 251. Taking certain oaths, etc., by non-citizens.
- 252. The National Gazette.
- 253. Slavery, etc.
- 254. Filling of offices, etc.
- 255. Consultation.
- 256. Reports by public office-holders, etc.
- 257. Proof of acts of the Constituent Assembly.
- 258. Constitutional Regulations.
- 259. Independent tribunals.
- PART XII.—CONSTITUTIONAL REVIEW.
- PART XIII.— IMMEDIATE AND TRANSITIONAL PROVISIONS.
- 264. Effect of Part XIII.
- 265. Dissolution of the Constituent Assembly.
- 266. Provisional laws.
- 267. Transitional laws.
- 268. First Governor-General.
- 269. First Parliament, electorates, etc.
- 270. First Ministry.
- 271. First Judges.
- 272. Oaths, affirmation, etc.
- 273. Treaties applying before Independence.
- 274. Composition of certain constitutional institutions.
- 275. Chairmanship of tribunal to review internments.
- SCHEDULES.
- SCHEDULE 1.RULES FOR SHORTENING AND INTERPRETATION OF THE CONSTITUTIONAL LAWS.
- PART 1.—INTRODUCTORY.
- PART 2.—GENERAL
- Sch.1.2. Meaning of certain expressions.
- Sch.1.3. Form of the Constitutional Laws.
- Sch.1.4. Constitutional Laws speak from time to time.
- Sch.1.5. Fair meaning to be given to language used.
- Sch.1.6. Statements of general principle.
- Sch.1.7. "Non-justiciable".
- Sch.1.8. Gender and number.
- Sch.1.9. Provision where no time prescribed.
- Sch.1.10. Exercise and performance of powers and duties.
- Sch.1.11. Determination of appropriate authority.
- Sch.1.12. Power of majority of more than two persons, and quorums.
- Sch.1.13. Attainment of age.
- Sch.1.14. References to series.
- Sch.1.15. Residence.
- Sch.1.16. Effect of time limits.
- Sch.1.17. Repeal, etc.
- Sch.1.18. Disallowance, etc.
- Sch.1.19. Independence.
- Sch.1.20. Regulation of acts, etc.
- PART 3.—SPECIAL PROVISIONS RELATING TO THE OFFICE OF HEAD OF STATE.
- SCHEDULE 2. ADOPTION, ETC., OF CERTAIN LAWS.
- SCHEDULE 3.
- SCHEDULE 4.
- SCHEDULE 5. ADOPTED LAWS OF OTHER COUNTRIES
- SCHEDULE 1.RULES FOR SHORTENING AND INTERPRETATION OF THE CONSTITUTIONAL LAWS.
- APPENDIX. CONSTITUTIONAL AMENDMENTS.
INDEPENDENT STATE OF PAPUA NEW GUINEA.
CONSTITUTION of THE INDEPENDENT STATE OF PAPUA NEW GUINEA.
PREAMBLE.
Adoption of Constitution.
WE, THE PEOPLE OF PAPUA NEW GUINEA— noble traditions and the Christian principles that are ours now. By authority of our inherent right as ancient, free and independent peoples
WE, THE PEOPLE, do now establish this sovereign nation and declare ourselves, under the guiding hand of God, to be the Independent State of Papua New Guinea.
AND WE ASSERT, by virtue of that authority shared by all WE DO NOW THEREFORE DECLARE
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that we, having resolved to enact a Constitution for the Independent State
of Papua New Guinea AND ACTING through our Constituent Assembly on 15 August 1975
HEREBY ESTABLISH, ADOPT and GIVE TO OURSELVES this Constitution to come into effect on Independence Day, that is 16 September 1975.
IN SO DOING WE, THE PEOPLE OF PAPUA NEW GUINEA, SET BEFORE OURSELVES THESE NATIONAL GOALS AND DIRECTIVE PRINCIPLES THAT UNDERLIE OUR CONSTITUTION:—
WE HEREBY PROCLAIM the following aims as our National Goals, and direct all persons and bodies, corporate and unincorporate, to be guided by these our declared Directives in pursuing and achieving our aims:—
We declare our first goal to be for every person to be dynamically involved in the process of freeing himself or herself from every form of domination or oppression so that each man or woman will have the opportunity to develop as a whole person in relationship with others.
WE ACCORDINGLY CALL FOR— PNG National Legislation
WE ACCORDINGLY CALL FOR— We declare our third goal to be for Papua New Guinea to be politically and economically independent, and our economy basically self-reliant.
WE ACCORDINGLY CALL FOR— We declare our fourth goal to be for Papua New Guinea's natural resources and environment to be conserved and used for the collective benefit of us all, and be replenished for the benefit of future generations.
WE ACCORDINGLY CALL FOR—
PNG National Legislation WE ACCORDINGLY CALL FOR— Basic Rights.
WE HEREBY ACKNOWLEDGE that, subject to any restrictions imposed by law on non-citizens, all persons in our country are entitled to the fundamental rights and freedoms of the individual, that is to say, the right, whatever their race, tribe, places of origin, political opinion, colour, creed or sex, but subject to respect for the rights and freedoms of others and for the legitimate public interest, to each of the following:— unjust deprivation of property, and have accordingly included in this Constitution provisions designed to afford protection to those rights and freedoms, subject to such limitations on that protection as are contained in those provisions, being limitations primarily designed to ensure that the enjoyment of the acknowledged rights and freedoms by an individual does not prejudice the rights and freedoms of others or the legitimate public interest.
Basic Social Obligations.
WE HEREBY DECLARE that all persons in our country have the following basic obligations to themselves and their descendants, to each other, and to the Nation:— National Goals and Directive Principles; and
(i) in the case of the children, to respect their parents. IN ADDITION, WE HEREBY DECLARE that all citizens have an obligation to themselves and their descendants, to each other and to the Nation to use profits from economic activities in the advancement of our country and our people, and
that the law may impose a similar obligation on non-citizens carrying on economic activities in or from our country.
PART I.—INTRODUCTORY.
Division 1.—The Nation.
(1) Acts of the Parliament may make provision for and in respect of— (2) Until such time as other provision is made in accordance with Subsection (1), the National Flag, National Emblem and National Seal are those that were in use immediately before Independence Day.
Where a law requires a Declaration of Loyalty to be made, it shall be made in the following form:—
"I,…, realizing fully the responsibilities to which I am committing myself and the consequences of not living up to this Declaration and those responsibilities, freely and willingly declare my loyalty to the Independent State of Papua New Guinea and its People and to the Constitution of Papua New Guinea adopted by the Constituent Assembly on 15 August 1975, as altered from time to time in accordance with its provisions, and promise that I will uphold the Constitution and the laws of Papua New Guinea.".
Where a law requires an Oath of Allegiance or Affirmation of Allegiance to be made, it shall be made in the following form:—
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"Oath of Allegiance.
I,…, do swear that I will well and truly serve and bear true allegiance to Her Majesty Queen Elizabeth II. Her heirs and successors according to law.
SO HELP ME GOD.
Affirmation of Allegiance.
I,…, do promise and affirm that I will well and truly serve Her Majesty Queen Elizabeth II. Her heirs and successors according to law.".
Division 2.—Interpretation.
For the purpose of the interpretation of this Constitution and the Organic Laws, the provisions of Schedule 1 (Rules for Shortening and Interpretation of the Constitutional Laws) applies and, subject to that Schedule, the underlying law applies.
PART II.—THE NATIONAL LEGAL SYSTEM.
Division 1.—The Laws of Papua New Guinea.
9. The laws.
The laws of Papua New Guinea consist of— (f) the underlying law, and none other.
All written laws (other than this Constitution) shall be read and construed subject to— PNG National Legislation
and
(c) in the case of adopted laws or subordinate legislative enactments—the Organic Laws and the laws by or under which they were enacted or made,
and so as not to exceed the authority to make them properly given, to the intent that where any such law would, but for this section, have been in excess of the authority so given it shall nevertheless be a valid law to the extent to which it is not in excess of that authority.
Division 2.— Constitutional Laws.
National Goals and Directive Principles.
1. Integral human development.
2. Equality and participation.
We declare our second goal to be for all citizens to have an equal opportunity
to participate in, and benefit from, the development of our country.
3. National sovereignty and self-reliance.
4. Natural resources and environment.
5. Papua New Guinean ways.
We declare our fifth goal to be to achieve development primarily through the use of Papua New Guinean forms of social, political and economic organization.
1. The Independent State of Papua New Guinea.
2. The area of Papua New Guinea.
3. National symbols.
4. National Capital District.
5. Provinces.
6. Declaration of Loyalty.
7. Oath of Allegiance.
8. Principles of interpretation.
10. Construction of written laws.