�
�
2008 Revised Edition CAP. 10.20
�
�
1 Short title.............................................................................................................. 15 2 Saving of certain laws..........................................................................................15
3 General rule of construction of Code...................................................................16 4 Inter pretation........................................................................................................ 16
5 Appl ication of Code.............................................................................................20 6 Offences committed partly within and partly beyond the jurisdiction................. 20
7 Ignorance of law .................................................................................................. 20 8 Bona fide claim of right ....................................................................................... 21 9 Inten tion...............................................................................................................21 10 Mistake of fact ..................................................................................................... 21 11 Presumption of sanity .......................................................................................... 21 12 Insanity................................................................................................................. 21 13 Intoxication .......................................................................................................... 22 14 Imm ature age ....................................................................................................... 22 15 Judicial officers....................................................................................................22 16 Compulsion..........................................................................................................23 17 Defence of defence of person or property............................................................ 23 18 Use of force in effecting arrest............................................................................. 23 19 Compulsion by husband....................................................................................... 23 20 Person not to be punished twice for same offence...............................................23
2008 Revised Edition Page 3
�
21 Principal Offences................................................................................................24 22 Offe nces committed by joint offenders in prosecution of common purpose .......24 23 Counselling another to commit an offence...........................................................24
24 Impr isonment to be without hard labour ..............................................................25 25 Person liable to certain imprisonment may be sentenced to shorter term ............25 26 Fine in addition to, or instead of, imprisonment ..................................................25 26A Wee kend detention...............................................................................................25 27 Concurrent sentences............................................................................................26 28 Warr ants and orders .............................................................................................26 28A Susp ended sentence of imprisonment ..................................................................27 28B Defe rment of sentence..........................................................................................29 29 Fines .....................................................................................................................30 30 Impr isonment in default of payment ....................................................................31 31 Distr ess.................................................................................................................31 32 Susp ension of execution of sentence of imprisonment in default of a fine..........32 33 Com mitment in lieu of distress ............................................................................34 34 Payment after committment .................................................................................34 35 Secu rity for keeping the peace .............................................................................35 36 Secu rity for coming up for judgment ...................................................................35 37 Residence Orders..................................................................................................36 38 Disc harge of offender without punishment..........................................................36 39 Offe nders under the age of 16 years.....................................................................37 40 Police supervision ................................................................................................38 41 Power to make regulations for section 40 ............................................................38 42 General punishment for misdemeanours..............................................................39 43 Escaped convicts to serve unexpired sentence when recaptured..........................39 44 Sentence on escaped convict ................................................................................39 45 Power of court to order forfeiture, and payment of compensation, in certain
cases .....................................................................................................................39 46 Com pensation for personal injury ........................................................................39
PART VII - OFFENCES AGAINST PUBLIC ORDER AND EXTERNAL TRANQUILITY 40
| 47 | Treason by the law of England.............................................................................40 | |
|---|---|---|
| 48 | Instigating invasion ..............................................................................................40 | |
| 49 | Concealment of treason........................................................................................40 | |
| 50 | Treasonable felonies.............................................................................................40 | |
| 51 | Limitations as to trial for treason, misprision of treason, or treasonable | |
| felonies. At least two witnesses necessary. ..........................................................41 | ||
| 52 | Inciting to mutiny.................................................................................................41 | |
| 53 | Aiding soldiers or police officers in acts of mutiny .............................................41 | |
| 54 | Inducing soldiers or police officers to desert .......................................................42 | |
| Page 4 | 2008 Revised Edition | |
Penal Code CAP. 10.20 Arrangement of Sections
55 Aiding prisoners of war to escape........................................................................ 42 56 Definition of overt acts ........................................................................................ 42 57 Unlawful oaths to commit certain offences ......................................................... 42 58 Com pulsion how far a defence ............................................................................ 43 59 Unla wful drilling.................................................................................................. 44 60 Spreading false rumours, etc................................................................................ 44 61 repealed .............................................................................................................. 44
62 Genocide .............................................................................................................. 44 63 Pirac y ................................................................................................................... 45
64 Inter pretation........................................................................................................ 45 65 Determination of seditious intention.................................................................... 46 66 Offe nces...............................................................................................................47 67 Lega l proceedings................................................................................................47 68 Susp ension of newspaper.....................................................................................47 69 Punishment for disobeying orders under section 68 ............................................ 48 70 Prohibition of circulation of seditious publication............................................... 48 71 Duty to deliver up prohibited publications .......................................................... 48 72 Search warrants....................................................................................................49 73 Disc harge of prohibition order.............................................................................49 74 Forfeiture ............................................................................................................. 49 75 Power to prohibit importation of publication....................................................... 49 76 Importation etc. of prohibited publication ........................................................... 49 77 Possession of prohibited publication ................................................................... 50 78 Delivery up of prohibited publication..................................................................50 79 Effect of compliance with, or conviction under, section 78 ................................ 50 80 Power to examine packages.................................................................................50 81 Saving of other powers ........................................................................................ 51 82 Challenge to fight a duel......................................................................................51 83 Thre atening violence............................................................................................ 51 84 Asse mbling for the purpose of smuggling ........................................................... 51
85 Official corruption ............................................................................................... 52 86 Extortion by public officers ................................................................................. 52 87 Public officers receiving property to show favour...............................................52 88 Officers charged with administration of property of special character or
with special duties................................................................................................ 52 89 False claims by officials....................................................................................... 53 90 Abuse of office..................................................................................................... 53 91 False certificates by public officers ..................................................................... 53
2008 Revised Edition Page 5
�
Arrangement of Sections CAP. 10.20 Penal Code
92 Unauthorised administration of oaths...................................................................53 93 False assumption of authority ..............................................................................54 94 Personating public officers...................................................................................54 95 Thre at of injury to persons employed in public service .......................................54
PART X1 - PERJURY AND FALSE STATEMENTS AND DECLARATIONS 55
96 Perjury..................................................................................................................55 97 False statements on oath made otherwise than in a judicial proceeding ..............55 98 False statements etc. with reference to marriage..................................................55 99 False statements, etc. as to births, or deaths.........................................................56 100 False statutory declarations and other false statements without oath...................56 101 False declarations, etc., to obtain registration, etc., for carrying on a
vocation................................................................................................................57 102 Aide rs, abettors, suborners, etc. ...........................................................................57 103 Corroboration .......................................................................................................57 104 Fabricating evidence ............................................................................................57 105 Inconsistent or contradictory statement................................................................58 106 Proo f of certain proceedings on which perjury is alleged ....................................58 107 Forms and ceremonies of oath immaterial ...........................................................58
108 Dece iving witnesses .............................................................................................59 109 Destroying evidence.............................................................................................59 110 Cons piracy to defeat justice and interference with witnesses ..............................59 111 Compounding felonies .........................................................................................59 112 Compounding penal actions .................................................................................59 113 Advertisements for stolen property ......................................................................60 114 Corr uptly taking a reward ....................................................................................60 115 Offe nces relating to judicial proceedings.............................................................60
116 Rescue ..................................................................................................................61 117 Resisting arrest and escape...................................................................................62 118 Aiding prisoners to escape ...................................................................................62 119 Rem oval etc., of property taken under lawful seizure..........................................62 120 Obst ructing court officers.....................................................................................62
121 Frauds and breaches of trust by persons employed in the public service.............63 122 False information to public servant......................................................................63
Page 6 2008 Revised Edition
Penal Code CAP. 10.20 Arrangement of Sections
123 Insult to religion of any class...............................................................................63 124 Disturbing religious assemblies ........................................................................... 63 125 Trespassing on burial places ................................................................................ 64 126 Hind ering burial of dead body, etc. ..................................................................... 64 127 Writing or uttering words with intent to wound religious feelings......................64
128 Definition of rape.................................................................................................64 129 Punishment of rape .............................................................................................. 64 130 Atte mpt ................................................................................................................ 65 131 Abduction............................................................................................................. 65 132 Abduction of girl under 18 years of age with intent to have sexual
intercourse............................................................................................................ 65 133 Indecent assaults on females................................................................................65 134 Defilement of girl under 13 years of age ............................................................. 65 135 Defilement of a girl between 13 and 15 years of age, or of idiot or imbecile...... 66 136 Procuration........................................................................................................... 66 137 Proc uring defilement of woman by threats or fraud or administering drugs ....... 67 138 Householder permitting defilement of girl under 13 years of age on his
prem ises ............................................................................................................... 67 139 Householder permitting defilement of girl under 15 years of age on his
prem ises ............................................................................................................... 68 140 Dete ntion with intention or in a brothel...............................................................68 141 Disp osing of minors under the age of 15 years for immoral purposes ................ 68 142 Obta ining minors under the age of 15 years for immoral purposes.....................69 143 Power of search.................................................................................................... 69 144 Auth ority of court as to custody of girls .............................................................. 70 145 Male person living on earnings of prostitution or persistently soliciting............. 70 146 Woman for gain controlling, etc., prostitution of another woman.......................71 147 Susp icious premises.............................................................................................71 148 Brothels................................................................................................................71 149 Cons piracy to defile ............................................................................................. 71 150 Atte mpts to procure abortion ............................................................................... 71 151 The like by woman with child ............................................................................. 72 152 Supp lying drugs or instruments to procure abortion............................................ 72 153 Unnatural offences...............................................................................................72 154 Atte mpts to commit unnatural offences and indecent assault..............................72 155 Indecent practices between males........................................................................72 156 Incest....................................................................................................................72 157 Test of relationship .............................................................................................. 73 158 Sexual intercourse with certain collaterals........................................................... 73 159 Sanction of Attorney-General..............................................................................73 160 Ignorance of age of female immaterial ................................................................ 74 161 Definition of sexual intercourse...........................................................................74
2008 Revised Edition Page 7
�
162 Fraudulent pretence of marriage...........................................................................74 163 Biga my .................................................................................................................74 164 Marr iage ceremony fraudulently gone through without lawful marriage ............75
165 Com mon nuisance................................................................................................75 166 Traff ic in obscene publications ............................................................................75 167 Idle and disorderly person ....................................................................................76 168 Rogues and vagabonds.........................................................................................77 169 Offe nces in public way, etc. .................................................................................77 170 Drun k and incapable.............................................................................................79 171 Shou ting etc., in town, etc. ...................................................................................79 172 Polluting or obstructing watercourses ..................................................................80 173 Posti ng placards, etc., on walls without consent of the owner .............................80 174 Inciting dogs, etc., to attack..................................................................................80 175 Wearing of uniform without authority prohibited................................................80 176 Negl igent act likely to spread infection of disease dangerous to life ...................81 177 Adul teration of food, drink or drugs intended for sale.........................................81 178 Sale of noxious food or drink or adulterated drugs ..............................................81 179 Fouling air ............................................................................................................82 180 Offe nsive trades....................................................................................................82 181 Enda ngering property with fire, etc......................................................................82 182 Crim inal trespass..................................................................................................82 183 Sorc ery .................................................................................................................83
184 Definition of libel.................................................................................................83 185 Definition of defamatory matter...........................................................................83 186 Definition of publication ......................................................................................83 187 Definition of unlawful publication.......................................................................83 188 Cases in which publication of defamatory matter is absolutely privileged..........84 189 Case s in which publication of defamatory matter is conditionally
privileged..............................................................................................................84 190 Expl anation as to good faith.................................................................................86 191 Presumption as to good faith................................................................................86
192 Manslaughter........................................................................................................86 193 Murder..................................................................................................................86 194 Killing in the course of another offence...............................................................87 195 Malice aforethought .............................................................................................87 196 Person suffering from diminished responsibility .................................................87 197 Cases in which intentional homicide is reduced to manslaughter........................88
Page 8 2008 Revised Edition
Penal Code CAP. 10.20 Arrangement of Sections
198 Provocation .......................................................................................................... 88 199 Infanticide ............................................................................................................ 88 200 Causing death defined.......................................................................................... 88 201 Whe n child deemed to be a person ...................................................................... 89 202 Limi tation as to time of death .............................................................................. 89
203 Responsibility of person who has charge of another ........................................... 90 204 Duty of head of family.........................................................................................90 205 Duty of masters....................................................................................................90 206 Duty of persons doing dangerous acts ................................................................. 90 207 Duty of persons in charge of dangerous things.................................................... 90
208 Atte mpt to murder................................................................................................ 91 209 Acce ssory after the fact to murder ....................................................................... 91 210 Written threats to murder.....................................................................................91 211 Conspiracy to murder........................................................................................... 91 212 Com plicity in another’s suicide ........................................................................... 91 213 Concealing the birth of children .......................................................................... 92 214 Killi ng an unborn child ........................................................................................ 92 215 Evid ence............................................................................................................... 92
216 Disa bling in order to commit felony or misdemeanour ....................................... 92 217 Stupifying in order to commit felony or misdemeanour......................................92 218 Acts intended to cause grievous harm or prevent arrest ...................................... 93 219 Preventing escape from wreck ............................................................................. 93 220 Grievous harm...................................................................................................... 93 221 Atte mpting to injure by explosive substances...................................................... 94 222 Mali ciously administering poison with intent to harm ........................................ 94 223 Unla wful wounding ............................................................................................. 94 224 Unla wful poisoning.............................................................................................. 94 225 Failure to supply necessaries ............................................................................... 94 226 Crue lty to children ............................................................................................... 94 227 Surgical operation ................................................................................................ 95 228 Exce ss of force.....................................................................................................95 229 Cons ent ................................................................................................................ 95
230 Reckless and negligent acts ................................................................................. 96 231 Other negligent acts causing harm.......................................................................96 232 Dealing in poisonous substances in negligent manner......................................... 96
2008 Revised Edition Page 9
�
Arrangement of Sections CAP. 10.20 Penal Code
233 Enda ngering safety of persons travelling by aircraft, vehicle or vessel ...............97 234 Exhi bition of false light........................................................................................97 235 Conveying person by water for hire in unsafe or overloaded vessel....................97 236 Danger or obstruction in public way or line of navigation...................................97
237 Com mon assaults..................................................................................................97 238 Assa ults causing actual bodily harm ....................................................................97 239 Assa ults on magistrates and other persons protecting wreck ...............................97 240 Assa ults punishable with 2 years’ imprisonment .................................................98
241 Definition of kidnapping and abduction...............................................................98 242 Punishment fo r kidnapping ..................................................................................98 243 Kidn apping or abducting with intent to confine person .......................................99 244 Kidn apping or abducting in order to subject person to grievous harm,
slave ry, etc............................................................................................................99 245 Wrongfully concealing or keeping in confinement kidnapped or abducted
person ...................................................................................................................99 246 Child stealing .......................................................................................................99 247 Abducting of girls under 15 years ........................................................................99 248 Punishment for wrongful confinement...............................................................100 249 Unla wful compulsory labour..............................................................................100
250 Thin gs capable of being stolen...........................................................................100 251 Definition of theft...............................................................................................101 252 Steal ing and embezzlement by co-partners, etc. ................................................101 253 Husband and wife...............................................................................................102 254 General punishment for theft..............................................................................102 255 Larc eny of will ...................................................................................................102 256 Larceny of documents of title and other legal documents..................................102 257 Larc eny of electricity .........................................................................................103 258 Larc eny of minerals............................................................................................103 259 Larc eny of postal packets...................................................................................103 260 Emb ezzlement by officer of post office .............................................................103 261 Definitions relating to larceny and embezzlement of postal packets .................103 262 Larc eny in dwelling-house .................................................................................104 263 Larc eny from the person ....................................................................................104 264 Larc eny from ship, dock, etc..............................................................................104 265 Larceny by tenant or lodger ...............................................................................105 266 Larceny and embezzlement by clerks or servants ..............................................105 267 Larceny of cattle.................................................................................................106 268 Larceny of dog ...................................................................................................106 269 Larceny of creatures not the subject of larceny at common law ........................106
Page 10 2008 Revised Edition
270 Larceny of fish ................................................................................................... 106 271 Conversion.........................................................................................................106
272 Larceny of trees ................................................................................................. 107 273 Larceny of fence ................................................................................................ 107 274 Larceny of fruits and vegetables........................................................................107 275 Dam aging fixtures, trees, etc., with intent to steal.............................................108
276 Frau dulent destruction of documents.................................................................108 277 Frau dulent destruction of documents of title ..................................................... 109 278 Frau dulent destruction of wills .......................................................................... 109 279 Frau dulent destruction of record, writ, etc.........................................................109 280 Miners removing minerals ................................................................................. 110 281 Killing tame birds, etc........................................................................................ 110 282 Killi ng animals with intent to steal .................................................................... 110 283 Larceny of or dredging for oysters..................................................................... 110 284 Factors obtaining advances on the property of their principals ......................... 110 285 Unla wful use of vehicles.................................................................................... 112
286 Robbery.............................................................................................................. 112 287 Demanding money, etc., with menaces ............................................................. 112 288 Dem anding with menaces with intent to steal ................................................... 113 289 Thre atening to publish with intent to extort....................................................... 113
290 Definitions of breaking and entering ................................................................. 114 291 Sacri lege............................................................................................................. 114 292 Burglary ............................................................................................................. 114 293 House-breaking and committing felony............................................................. 115 294 House-breaking with intent to commit felony ................................................... 115 295 Bein g found by night armed or in possession of housebreaking implements....115 296 Forfeiture of housebreaking instruments ........................................................... 116
297 Conversion by trustee ........................................................................................ 116 298 Director, etc., of any body corporate or public company wilfully
destroying books, etc. ........................................................................................ 116 299 Fraudulent falsification of accounts...................................................................117
2008 Revised Edition Page 11
�
300 Definition of false pretence ................................................................................118 301 False pretences ...................................................................................................118 302 Obtaining credits by false pretences...................................................................118 303 Pretending to tell fortunes ..................................................................................119 304 Obta ining registration, etc., by false pretence ....................................................119 305 repealed..............................................................................................................119
306 Rece iving............................................................................................................119 307 Receiving goods stolen outside Tuvalu..............................................................120 308 Power of Minister to notify applied marks for public stores..............................120 309 Tracing possession and penalty for unlawful possession...................................120 310 Evid ence on charge of receiving ........................................................................121 311 Com pulsory disclosure not to afford evidence...................................................121
312 Arso n..................................................................................................................122 313 Atte mpts to commit arson ..................................................................................122 314 Setti ng fire to crops and growing plants.............................................................122 315 Atte mpting to set fire on crops, etc. ...................................................................122 316 Casti ng away vessels..........................................................................................123 317 Atte mpts to cast away vessels ............................................................................123 318 Injur ing animals..................................................................................................123 319 Punishment for malicious injuries in general and in special cases.....................123 320 Attempts to destroy property by explosives .......................................................125 321 Communicating infectious diseases to animals..................................................125 322 Removing boundary marks with intent to defraud.............................................126 323 Wilf ul damage, etc., to survey and boundary marks ..........................................126 324 Thre ats to burn, etc.............................................................................................126
325 Definitions for purposes of sections relating to forgery, etc. .............................126 326 Definition of forgery ..........................................................................................128 327 False document...................................................................................................128 328 Inten t to defraud .................................................................................................128 329 Forgery of certain documents with intent to defraud .........................................129 330 Forgery of certain documents with intent to defraud or deceive........................130 331 Forging copies of certificates of records ............................................................131 332 Forging registers of births, baptisms, marriages, death or burial .......................131 333 Making false entry in copies of register sent to registrar ...................................132 334 Forgery of other document with intent to defraud or deceive a
misdemeanour ....................................................................................................132
Page 12 2008 Revised Edition
Penal Code CAP. 10.20 Arrangement of Sections
335 Forg ery of seals and dyes................................................................................... 132 336 Uttering .............................................................................................................. 133 337 Uttering cance lled or exhausted documents....................................................... 133 338 Dem anding property on forged documents........................................................ 133 339 Possession of forged documents, seals and dies ................................................ 134 340 Making or having in possession paper or implements for forgery..................... 134 341 Purc hasing or having in possession certain paper before it had been
stam ped and issued ............................................................................................ 135 342 Falsi fying warrant for money payable under public authority...........................135 343 Proc uring execution of documents by false pretences ....................................... 135 344 Letter written for certain persons to be signed etc., by writer............................ 136 345 Counterfeiting .................................................................................................... 136 346 Gildi ng, silvering, filing and altering................................................................. 136 347 Impa iring gold or silver coin and unlawfully possession of filing, etc..............137 348 Utter ing and possession with intent to utter....................................................... 137 349 Buyi ng or selling etc., counterfeit coin for lower value than its
deno mination ..................................................................................................... 138 350 Importing and exporting counterfeit coin .......................................................... 139 351 Making, possessing and selling medals resembling gold or silver coin ............ 139 352 Making, mending and having possession of coining implements...................... 139 353 Brea king up coin suspected to be counterfeit .................................................... 140 354 Evid ence of coin being counterfeit .................................................................... 141 355 Defacing and uttering defaced coins..................................................................141 356 Melting down of currency.................................................................................. 141 357 Muti lating or defacing currency notes ............................................................... 141 358 Imitation of currency ......................................................................................... 141 359 Forfeiture of forged bank notes, currency notes, etc.......................................... 142
360 Perosnation in general........................................................................................ 142 361 Falsely acknowledging deeds, recognisances, etc. ............................................ 142 362 Personation of a person named in a certificate .................................................. 143 363 Lending, etc., certificate for personation ........................................................... 143 364 Personation of person named in a testimonial of character ............................... 143 365 Lend ing etc., testimonial for personation........................................................... 143
366 Interpretation for purposes of sections dealing with corrupt practices etc......... 143 367 Corrupt practices................................................................................................144 368 Secret commission on Government contracts....................................................144 369 Presumption as to corrupt practices ................................................................... 144 370 Consent to prosecution....................................................................................... 145
2008 Revised Edition Page 13
�
371 Attempt defined..................................................................................................145 372 Atte mpts to commit offences .............................................................................145 373 Punishment of attempts to commit certain felonies ...........................................145 374 Solic iting or inciting others to commit offence in Tuvalu or elsewhere ............146 375 Negl ect to prevent felony ...................................................................................146
376 Cons piracy to commit felony .............................................................................146 377 Cons piracy to commit misdemeanour................................................................146 378 Other conspiracies..............................................................................................147
379 Definition of accessories after the fact...............................................................147 380 Punishment of accessories after the fact to felonies...........................................147
ENDNOTES 148
Page 14 2008 Revised Edition
�
�
Commencement [18th October 1965]
This Act (hereinafter referred to as this Code) may be cited as the Penal Code.
Except as hereinafter expressly provided nothing in this Code shall affect —
2008 Revised Edition Page 15
�
(f) any of the Statutes, Acts, Regulations or Articles for the time being in force for the government of Her Majesty’s naval, military or air forces, or the police forces of Tuvalu:
Provided that if a person does an act which is punishable under this Code and is also punishable under another Act, Statute or other law of any of the kinds mentioned in this section, he shall not be punished for that act both under that Act, Statute or law and also under this Code.
This Code shall be interpreted in accordance with the Interpretation and General Provisions Act,2 and the principles of legal interpretation obtaining in England, and expressions used in it shall be presumed, so far as is consistent with their context, and except as may be otherwise expressly provided, to be used with the meaning attaching to them in English criminal law and shall be construed in accordance therewith.
In this Code, unless the context otherwise requires —
“cattle” includes horses, asses, mules, sheep, goats and swine;
“dangerous harm” means harm endangering life;
“document of title to goods” includes any bill of lading, India warrant, dock warrant, warehouse-keeper’s certificate, warrant or order for the delivery or transfer of any goods or valuable thing, bought or sold note, or any other document used in the ordinary course of business as proof of the possession or control of goods, or authorising or purporting to authorise, either by endorsement or by delivery, the possessor of such document to transfer or receive any goods thereby represented or therein mentioned or referred to;
“document of title to lands” includes any deed, map, roll, register, paper, or parchment, written or printed, or partly written and partly printed, being or containing evidence of the title, or any part of the title, to any real estate or to any interest in or out of any real estate;
“dwelling-house” includes any building or structure or part of a building or structure which is for the time being kept by the owner or occupier for the residence therein of himself, his family or servants or any of them, and it is immaterial that it is from time to time uninhabited; a building or structure adjacent to or occupied with a dwelling-house is deemed to be part of the dwelling-house;
Page 16 2008 Revised Edition
“felony” means an offence which is declared by law to be a felony or, if not declared to be a misdemeanour, is punishable, without proof of previous conviction, with imprisonment for 3 years or more;
“grievous harm” means any harm which amounts to maiming or dangerous harm, or seriously or permanently injures health or which is likely so to injure health, or which extends to permanent disfigurement, or to any permanent or serious injury to any external or internal organ, membrane or sense;
“harm” means any bodily hurt, disease or disorder whether permanent or temporary;
“judicial proceeding” includes any proceeding had or taken in or before any court, tribunal, commission of inquiry or person, in which evidence may be taken on oath;
“knowingly” used in connection with any term denoting uttering or using, implies knowledge of the character of the thing uttered or used;
“mail” includes every conveyance by which postal packets are carried, whether it be a vessel, car, coach, cart, horse or any other conveyance, and also a person employed in conveying or delivering postal packets, and also any vessel employed by or under the post office for the transmission of postal packets by contract or otherwise in respect of postal packets transmitted by the vessel;
“mail bag” includes a bag, box, parcel or any other envelope or covering in which postal packets in course of transmission by post are conveyed, whether it does or does not contain any such packet;
“maiming” means the destruction or permanent disabling of any external or internal organ, member or sense;
“misdemeanour” means any offence which is not a felony;
“money” includes bank notes, bank drafts, cheques and any other orders, warrants or requests for the payment of money;
“night” or “night-time” means the interval between half-past six o’clock in the evening and half-past six o’clock in the morning of the next succeeding day according to the time adopted for general purposes in the particular locality in question;
“oath” includes affirmation or declaration and “swear” includes affirm or declare;
“offence” is an act, attempt or omission punishable by law;
“officer of the post office” includes the Postmaster and any person employed in any business of the post office, whether employed by the Postmaster or by any person under him or on behalf of the post office;
“Act” includes any Act of the Imperial Parliament having the force of law in Tuvalu;
2008 Revised Edition Page 17
�
“person” and “owner” and other like terms, when used with reference to property, include corporations of all kinds and any other association of persons capable of owning property, and also when so used include Her Majesty;
“person employed in the public service” means any person holding any of the following offices or performing the duty thereof, whether as a deputy or otherwise, namely —
(iii) any civil office, the power of appointing to which or of removing from which is vested in any person or persons holding an office of any kind included in either of the 2 last preceding paragraphs of this section; or
(iv) any office of arbitrator or umpire in any proceeding or matters submitted to arbitration by order or with the sanction of any court, or in pursuance of any Act;
and the said term further includes —
(iii) any person employed to execute any process of a court;
“possession”
Page 18 2008 Revised Edition
custody or possession, it shall be deemed and taken to be in the custody and possession of each and all of them;
“postal packet” means a letter, post-card, reply post-card, newspaper, book, packet, pattern or sample packet, or parcel, and every packet or article transmissible by post, and includes a cable message and a telegram;
“property” includes any description of real and personal property, money, debts and legacies, and all deeds and instruments relating to or evidencing the title or right to any property, or giving a right to recover or receive any money or goods, and also includes not only such property as has been originally in the possession or under the control of any person, but also any property into or for which the same has been converted or exchanged, and anything acquired by such conversion or exchange, whether immediately or otherwise;
“public” refers not only to all persons within Tuvalu, but also to the persons inhabiting or using any particular place, or any number of such persons, and also to such indeterminate persons as may happen to be affected by the conduct in respect to which such expression is used;
“public place” or “public premises” includes any public way and any buildings, place or conveyance to which, for the time being, the public are entitled or permitted to have access either without any condition or upon condition of making any payment, and any building or place which is for the time being used for any public or religious meetings or assembly or as an open court;
“public way” includes any highway, market place, square, street, bridge or other way which is lawfully used by the public;
“publicly” when applied to acts done, means either —
“trustee” means a trustee on some express trust created by some deed, will, or instrument in writing, and includes the heir or personal representative of any such trustee, and any other person upon or to whom the duty of such trust shall have devolved or come, and also an executor and administrator, and an official receiver, assignee, liquidator or other like officer acting under any present or future Act relating to joint stock, companies or bankruptcy;
“utter” includes using or dealing with and attempting to use or deal with and attempting to induce any person to use, deal with or act upon the thing in question;
“valuable security” includes any writing entitling or evidencing the title of any person to any share or interest in any public stock, annuity, fund or debt of any part of Her Majesty’s dominions, or any territory which is under Her
2008 Revised Edition Page 19
�
Majesty’s protection or in respect of which a mandate has been accepted by Her Majesty, or of any foreign state, or in any stock, annuity, fund or debt of any body corporate, company or society, whether within or without Her Majesty’s dominions, or any territory which is under Her Majesty’s protection or in respect of which a trusteeship has been accepted by Her Majesty, or to any deposit in any bank, and also includes any scrip, debenture, bill, note, warrant, order or other security for the payment of money, or any authority or request for the payment of money or for the delivery or transfer of goods or chattels, or any accountable receipt, release or discharge, or any receipt or other instrument evidencing the payment of money, or the delivery of any chattel personal, and any document of title to lands or goods;
“vessel” includes any ship, a boat and every other kind of vessel used in navigation either on the sea or in inland waters, and includes aircraft;
“wound” means any incision or puncture which divides or pierces any exterior membrane of the body, and any membrane is exterior for the purpose of this definition which can be touched without dividing or piercing any other membrane.
Subject to the provisions of this Code, this Code shall apply to every place within Tuvalu or within the territorial limits thereof.
When an act which, if wholly done within the jurisdiction of the court, would be an offence against this Code, is done partly within and partly beyond the jurisdiction, every person who within the jurisdiction does or makes any part of such act may be tried and punished under this Code in the same manner as if such act had been done wholly within the jurisdiction.
Ignorance of the law does not afford any excuse for any act or omission which would otherwise constitute an offence unless knowledge of the law by the offender is expressly declared to be an element of the offence.
Page 20 2008 Revised Edition
A person is not criminally responsible in respect of an offence relating to property, if the act done or omitted to be done with respect to the property was done in the exercise of an honest claim of right and without intention to defraud.
9 Intention
10 Mistake of fact
11 Presumption of sanity
Every person is presumed to be of sound mind, and to have been of sound mind at any time which comes in question until the contrary is proved.
12 Insanity
Subject to the express provisions of this Code and of any other law in force a person shall not be criminally responsible for an act or omission if at the time of doing the act or making the omission he is through any disease affecting his mind incapable of understanding what he is doing, or of knowing that he ought not to do the act or make the omission:
Provided that a person may be criminally responsible for an act or omission, although his mind is affected by disease, if such disease does not in fact produce upon his mind the effects above mentioned in reference to that act or omission.
2008 Revised Edition Page 21
�
13 Intoxication
14 Immature age
15 Judicial officers
Except as expressly provided by this Code, a judicial officer is not criminally responsible for anything done or omitted to be done by him in the exercise of his judicial functions, although the act done is in excess of his judicial authority or although he is bound to do the act omitted to be done.
Page 22 2008 Revised Edition
16 Compulsion
A person is not criminally responsible for an offence if it is committed by 2 or more offenders, and if the act is done or omitted only because during the whole of the time in which it is being done or omitted the person is compelled to do or omit to do the act by threats on the part of the other offender or offenders instantly to kill him or do him grievous bodily harm if he refuses; but threats of future injury do not excuse any offence.
17 Defence of defence of person or property
Subject to any express provisions in this Code or any other law in operation in Tuvalu, criminal responsibility for the use of force in the defence of person or property shall be determined according to the principles of common law.4
18 Use of force in effecting arrest
Where any person is charged with a criminal offence arising out of the lawful arrest, or attempted arrest, by him of a person who forcibly resists such arrest or attempts to evade being arrested, the court shall, in considering whether the means used were necessary, or the degree of force used was reasonable, for the apprehension of such person, have regard to the gravity of the offence which had been or was being committed by such person and the circumstances in which such offence had been or was being committed by such person.
19 Compulsion by husband
A married woman is not free from criminal responsibility for doing or omitting to do an act merely because the act or omission takes place in the presence of her husband; but on a charge against a wife for any offence other than treason or murder, it shall be a good defence to prove that the offence was committed in the presence of, and under the coercion of, the husband.
A person cannot be punished twice either under the provision of this Code or under the provisions of any other law for the same act or omission, except in the case where the act or omission is such that by means thereof he causes the death of another person, in which case he may be convicted of the offence of which he is guilty by reason of causing such death, notwithstanding that he has already been convicted of some other offence constituted by the act or omission.
2008 Revised Edition Page 23
�
When 2 or more persons form a common intention to prosecute an unlawful purpose in conjunction with one another, and in the prosecution of such purpose an offence is committed of such a nature that its commission was a probable consequence of the prosecution of such purpose, each of them is deemed to have committed the offence.
When a person counsels another to commit an offence, and an offence is actually committed after such counsel by the person to whom it is given, it is immaterial whether the offence actually committed is the same as that counselled or a different one, or whether the offence is committed in the way counselled or in a different
Page 24 2008 Revised Edition
way, provided in either case that the facts constituting the offence actually committed are a probable consequence of carrying out the counsel.
In either case the person who gave the counsel is deemed to have counselled the other person to commit the offence actually committed by him.
If the facts constituting the offence actually committed are not a probable consequence of carrying out the counsel, the person who gave the counsel is not deemed to be responsible.
All imprisonment for an offence shall be without hard labour.
A person liable to imprisonment for life or any other period may be sentenced for any shorter term of imprisonment:
Provided however that nothing in this section shall apply to any sentence of imprisonment for life required to be imposed by section 47, 48, 63 or 193 (relating to the offences of treason, instigating, invasion, piracy and murder).
A person liable to imprisonment for an offence may be sentenced to pay a fine in addition to or instead of imprisonment:
Provided however that nothing in this section shall apply to any imprisonment sentence of imprisonment for life required to be imposed by section 47, 48, 63 or 193 (relating to the offences of treason, instigating invasion, piracy and murder).
26A Weekend detention5
2008 Revised Edition Page 25
�
Where a person after conviction for an offence is convicted of another offence, either before sentence is passed upon him under the first conviction or before the expiration of that sentence, any sentence of imprisonment which is passed upon him under the subsequent conviction shall be executed after the expiration of the former sentence, unless the court directs that it shall be executed concurrently with the former sentence or any part thereof:
Provided that it shall not be lawful for a court to direct that a sentence of imprisonment in default of payment of a fine shall be executed concurrently with a former sentence.
Page 26 2008 Revised Edition
defect in form in any order or warrant given under this Code, shall be held to render void or unlawful any act done or intended to be done.
(1) In this section —
“suspended sentence” means a sentence suspended in accordance with the provisions of subsection (2);
“operational period” means the period specified in an order made under the provisions of subsection (2);
“court” means a Magistrate’s Court, the Senior Magistrate’s Court or the High Court;
Provided that a court shall make an order under paragraph (a) of this subsection unless the court is of opinion that it would be unjust to do so in
2008 Revised Edition Page 27
�
view of all the circumstances which have arisen since the suspended sentence was passed, including the facts of the subsequent offence, and where it is of that opinion the court shall state its reasons.
Page 28 2008 Revised Edition
committed during the operational period of a suspended sentence passed by the Senior Magistrate’s Court or the High Court then that magistrate’s court shall commit the offender in custody or on bail for sentence to the Senior Magistrate’s Court.
2008 Revised Edition Page 29
�
deferred then the appropriate officer of the court shall inform the appropriate officer of the court which deferred the sentence of the conviction.
Where a fine is imposed under any law, then in the absence of express provisions relating to such fine in such law the following provisions shall apply —
Provided that if the sentence directs that in default of payment of the fine the offender shall be imprisoned, and if such offender has undergone the whole of such imprisonment in default, no court shall issue a distress warrant.
Page 30 2008 Revised Edition
(1) The term of imprisonment to which a person may be sentenced by a court in default of payment of a fine shall be such term as in the opinion of the court will satisfy the justice of the case but shall not exceed the maximum fixed by the following scale —
Amount Maximum Period
Not exceeding $20 14 days
Exceeding $20 but not exceeding $100 1 month
Exceeding $100 3 months.7
(2) The imprisonment which is imposed in default of payment of a fine shall terminate whenever the fine is either paid or levied by process of law.
2008 Revised Edition Page 31
�
(1) When a convicted person has been sentenced to imprisonment in default of payment of a fine, and whether or not a warrant of distress has been issued under section 31, the court may make an order directing the fine to be paid on
Page 32 2008 Revised Edition
or before a specified date, not being more than 30 days from the date of the order, and in the event of the fine not being paid on or before that date may, subject to the other provisions of this section, forthwith issue a warrant of committal. The court may, before making such order, require the convicted person to execute a bond, with or without sureties, conditioned for his appearance before the court on the specified date if the fine be not in the meantime paid. Upon the making of an order under this subsection the sentence of imprisonment shall be deemed to be suspended and the convicted person shall be released from custody.
2008 Revised Edition Page 33
�
Page 34 2008 Revised Edition
Provided that a defendant who has been sentenced to more than 6 months’ imprisonment shall not be bound over under this subsection:
And provided further that a complainant shall not be bound over under the powers contained in this subsection unless he shall have been given an opportunity to address the court personally or by an advocate as to why he should not be bound over.
(3) Sections 111, 112 and 114 of the Criminal Procedure Code shall apply mutatis mutandis to recognisances taken under this section.
2008 Revised Edition Page 35
�
Page 36 2008 Revised Edition
2008 Revised Edition Page 37
�
(6) Without prejudice to subsection (1) where in any case the accused person is charged with any offence for the commission of which a fine, costs or compensation may be imposed, and the court is of the opinion that he is under the age of 16 years it may without proceeding to conviction make an order that the fine, costs or compensation be paid by the parent or guardian of the accused person instead of by the accused person and in such event sections 31, 33 and 34 shall apply mutatis mutandis to such parent or guardian as they apply to an accused person.
The Chief Justice may make regulations for carrying out the provisions of section
40.
Page 38 2008 Revised Edition
When in this Code no punishment is specially provided for any misdemeanour, it shall be punishable with imprisonment for 2 years and with a fine.
The time during which an escaped person is at large shall not be counted as part of the term of the sentence which he was serving at the time of his escape.
When sentence is passed under this Code on an escaped convict, such sentence —
When any person is convicted of an offence under any of the following sections, namely sections 85, 86, 87, 111, 112 and 367, the court may, in addition to or in lieu of any penalty which may be imposed, order the forfeiture to Her Majesty of any property which has passed in connection with the commission of the offence or, if such property cannot be forfeited or cannot be found, of such sum as the court shall assess as the value of the property; and any property or sum so forfeited shall be dealt with in such manner as the court may direct. Payment of any sum so ordered to be forfeited may be enforced in the same manner and subject to the same incidents as in the case of the payment of a fine.
When any person is convicted of an offence under section 181 or Part XXXV, the court may, in addition to, or in lieu of, any penalty which may be imposed, order him to pay compensation to any person injured by his offence.
2008 Revised Edition Page 39
�
Any person who compasses, imagines, invents, devises or intends any act, matter or theory, the compassing, imagining, inventing, devising or intending whereof is treason by the law of England for the time being in force, and expresses, utters or declares such compassing, imagining, inventing, devising or intending by publishing any printing or writing or by any overt act, or does any act which, if done in England, would be deemed to be treason according to the law of England for the time being in force, is guilty of the offence termed treason and shall be sentenced to imprisonment for life.
Any person who instigates any foreigner to invade Tuvalu with an armed force shall be guilty of treason, and shall be sentenced to imprisonment for life.
Any person who —
shall be guilty of the felony termed misprision of treason, and shall be liable to imprisonment for life.
Any person who forms an intention to effect any of the following purposes, that is to say —
Page 40 2008 Revised Edition
in order to intimidate or overawe, the legislature or legislative authority of any of Her Majesty’s dominions, or of any country which has been declared to be under her protection or in respect of which Her Majesty has accepted a mandate; or
(c) to instigate any foreigner to make an armed invasion of any of Her Majesty’s dominions or of any country which has been declared to be under her protection or mandate,
and manifests such intention by an overt act, or by publishing any printing or writing, shall be guilty of a felony, and shall be liable to imprisonment for life.
Any person who advisedly attempts to effect any of the following purposes, that is to say —
(a), to seduce any person serving in Her Majesty’s naval, military, or air forces or any police officer from his duty and allegiance to Her Majesty; or
shall be guilty of a felony and shall be liable to imprisonment for life.
Any person who —
(a) aids, abets, or is accessory to, any act or mutiny by, or
2008 Revised Edition Page 41
�
(b) incites to sedition or to disobedience to any lawful order given by a superior officer, any non-commissioned officer or private of Her Majesty’s naval, military or air forces or any police officer,
shall be guilty of a misdemeanour.
Any person who, by any means whatever, directly or indirectly —
any non-commissioned officer or private of the said naval, military or air forces or any police officer shall be guilty of a misdemeanour and shall be liable to imprisonment for 6 months.
Any person who —
shall be guilty of a misdemeanour.
In the case of any of the offences defined in this Part of this Code, when the manifestation by an overt act of an intention to effect any purpose is an element of the offence, every act of conspiring with any person to effect that purpose, and every act done in furtherance of the purpose by any of the persons conspiring, is deemed to be an overt act manifesting the intention.
(1) Any person who —
(a) administers, or is present at and consents to the administering of, any oath, or engagement in the nature of an oath, purporting to bind the
Page 42 2008 Revised Edition
person who takes it to commit any offence punishable only with imprisonment for life; or
(b) takes any such oath or engagement, not being compelled to do so,
shall be guilty of a felony, and shall be liable to imprisonment for life.
(2) Any person who —
shall be guilty of a felony, and shall be liable to imprisonment for 7 years.
A person who takes any such oath or engagement as is mentioned in the last 2 preceding sections cannot set up as a defence that he was compelled to do so, unless within 14 days after taking it, or, if he is prevented by actual force or sickness, within 14 days after the termination of such prevention, he declares by information on oath before a magistrate, or, if he is on actual service in the police force, either by such information or by information to his commanding officer, the whole of what he knows concerning the matter, including the person or persons by whom and in whose presence and the place where and the time when the oath or engagement was administered or taken.
2008 Revised Edition Page 43
�
(1) Any person —
shall be guilty of a felony and shall be liable to imprisonment for 7 years
(2) Any person who, at any meeting or assembly held without the permission of the Minister, is trained or drilled to the use of arms, or the practice of military exercises, movements or evolutions, or who is present at any such meeting or assembly for the purpose of being so trained or drilled, shall be guilty of a misdemeanour.
Any person who —
shall be guilty of a misdemeanour and shall be liable to imprisonment for 1 year or to a fine of $200.
61 repealed 8
(1) A person commits the felony of genocide if he commits any of the following acts with intention to destroy, in whole or in part, a national, ethnical, racial or religious group, as such —
Page 44 2008 Revised Edition
Any person who is guilty of piracy or any crime connected with or relating or akin to piracy shall be liable to be tried and punished according to the law of England for the time being in force:
Provided however that where according to such law any person is liable to suffer the punishment of death for piracy or any crime connected with or relating or akin to piracy he shall not suffer such punishment but he shall be sentenced to imprisonment for life.
(1) In this Part unless the context otherwise requires — “imports” includes —
“newspaper” means a periodical publication containing any public news or comments thereon or any discussion of political matters;
2008 Revised Edition Page 45
�
“periodical publication” includes every publication issued periodically, or in parts or numbers at intervals, whether regular or irregular;
“publication” includes all written or printed matter and everything, whether of a nature similar to written or printed matter or not, containing any visible representation or any recording of the human voice or of instrumental music or of sounds or any cinematographic film or anything which by its form, shape or in any manner is capable of suggesting words or ideas, and every copy and reproduction of any publication;
“seditious publication” means a publication having a seditious intention;
“seditious words” means words having a seditious intention.
(2) A seditious intention is an intention —
(iii) to bring into hatred or contempt or to excite disaffection against the administration of justice in Tuvalu; or
But an act, speech or publication is not seditious by reason only that it intends —
In determining whether the intention with which any act was done, any words were spoken, or any document was published, was or was not seditious, every person
Page 46 2008 Revised Edition
shall be deemed to intend the consequences which would naturally follow from his conduct at the time and under the circumstances in which he so conducted himself.
(1) Any person who —
shall be guilty of an offence and liable for a first offence to imprisonment for 2 years and to a fine of $200, and for a subsequent offence to imprisonment for 3 years; and any seditious publication shall be forfeited to Her Majesty.
(2) Any person who without lawful excuse has in his possession any seditious publication shall be guilty of an offence and liable for a first offence to imprisonment for 1 year and to a fine of $100, and for a subsequent offence to imprisonment for 2 years; and such publication shall be forfeited to Her Majesty.
Whenever any person is convicted of publishing in any newspaper matter having a seditious intention, the court may, if it thinks fit, either in lieu of or in addition to any other punishment, make orders as to all or any of the following matters —
2008 Revised Edition Page 47
�
that newspaper from publication, editing or writing for any newspaper, or from assisting, whether with money or money’s worth, material, personal service, or otherwise, in the publication, editing, or production of any newspaper; and
(c) that for the period aforesaid any printing press used in the production of the newspaper be used only on conditions to be specified in the order, or that it be seized by the police and detained by them for the period aforesaid.
Provided that no person shall be punished twice for the same offence.
Every person to whose knowledge it shall come that a publication is in his possession, power, or control shall deliver up forthwith every such publication into the custody of the police.
Page 48 2008 Revised Edition
The owner of any prohibited publication delivered or seized under this section may, at any time within 14 days after the order, delivery or seizure, petition the court for the discharge of the prohibition order and the court, if on the hearing of the petition it decides that the prohibition order ought not to have been made, shall discharge the order and shall order the prohibited publication delivered by or seized from the petitioner to be returned to him.
Every prohibited publication delivered or seized under this section with respect to which a petition is not filed within the time aforesaid or which is not ordered to be returned to the owner shall be deemed to be forfeited to Her Majesty.
If the Minister is of opinion that the importation of any publication would be contrary to the public interest he may, by notice, prohibit the importation of such publication, and in the case of a periodical publication may, by the same or subsequent notice, prohibit the importation of any past or future issue thereof.
Any person who imports, publishes, sells, offers for sale, distributes, or reproduces any publication, the importation of which has been prohibited under section 75, or any extract therefrom, shall be guilty of an offence and liable for a first offence to imprisonment for 2 years and to a fine of $200, and for a subsequent offence to imprisonment for 3 years; and such publication or extract therefrom shall be forfeited to Her Majesty.
2008 Revised Edition Page 49
�
Any person who without lawful excuse has in his possession any publication the importation of which has been prohibited under section 75, or any extract therefrom, shall be guilty of an offence and liable for a first offence to imprisonment for 1 year and to a fine of $100, and for a subsequent offence to imprisonment for 2 years; and such publication or extract therefrom shall be forfeited to Her Majesty.
Any person to whom any publication the importation of which has been prohibited under section 75, or any extract therefrom, is sent without his knowledge or privity or in response to a request made before the prohibition of the importation of such publication came into effect, or who has such a publication or extract therefrom in his possession at the time when the prohibition of its importation comes into effect, shall forthwith if or as soon as the nature of its contents have become known to him; or, in the case of publication or extract therefrom coming into the possession of such person before a notice prohibiting its importation has been made, forthwith upon the coming into effect of a notice prohibiting the importation of such publication, deliver such publication or extract therefrom to the officer in charge of the nearest police station, and in default thereof shall be guilty of an offence and liable to imprisonment for 1 year and to a fine of $100; and such publication or extract therefrom shall be forfeited to Her Majesty.
A person who complies with the provisions of section 78 or is convicted of an offence under that section shall not be liable to be convicted for having imported or having in his possession the same publication or extract therefrom.
(1) Any of the following officers, that is to say —
may detain, open and examine any package or article which he suspects to contain any publication or extract therefrom which it is an offence under the provisions of section 76 or 77 to import, publish, sell, offer for sale, distribute, reproduce, or possess, and during such examination may detain any person importing, distributing, or posting such package or article or in whose possession such package or articles is found.
Page 50 2008 Revised Edition
(2) If any such publication or extract therefrom is found in such package or article the whole package or article may be impounded and retained by the officer and the person importing, distributing, or posting it, or in whose possession it is found, may forthwith be arrested and proceeded against for the commission of an offence under section 76, 77 or 78 as the case may be.
Nothing under sections 64 to 80 inclusive shall prevent a prosecution under common law:
Provided that no person shall be punished twice for the same offence.9
Any person who challenges another to fight a duel, or attempts to provoke another to fight a duel, or attempts to provoke any person to challenge another to fight a duel, shall be guilty of a misdemeanour.
(1) Any person who —
shall be guilty of a misdemeanour, and shall be liable to imprisonment for 1 year.
(2) If the offence under this section is committed in the night the offender shall be liable to imprisonment for 2 years.
Any persons who assemble together, to the number of 3 or more, for the purpose of evading any of the provisions of any law for the time being in force relating to customs or excise shall be guilty of a misdemeanour, and each such person shall be liable on summary conviction to imprisonment for 12 months.
2008 Revised Edition Page 51
�
Any person who —
is guilty of a felony and shall be liable to imprisonment for 7 years.
Any person who, being employed in the public service, takes or accepts from any person for the performance of his duty as such officer, any reward beyond his proper pay and emoluments, or any promise of such reward, shall be guilty of a misdemeanour, and shall be liable to imprisonment for 3 years.
Any person who, being employed in the public service, receives any property or benefit of any kind for himself or any other person, on the understanding, express or implied, that he shall favour the person giving the property or conferring the benefit, or anyone in whom that person is interested, in any transaction then pending, or likely to take place, between the person giving the property or conferring the benefit, or anyone in whom he is interested, and any person employed in the public service, shall be guilty of a misdemeanour and shall be liable to imprisonment for 6 months.
Any person who, being employed in the public service, and being charged by virtue of his employment with judicial or administrative duties respecting property of a special character or respecting the carrying on of any manufacture, trade or business of a special character, and having acquired or holding, directly or indirectly a private
Page 52 2008 Revised Edition
interest in any such property, manufacture, trade or business, discharges any such duties with respect to the property, manufacture, trade or business in which he has such interest or with respect to the conduct of any person in relation thereto, shall be guilty of a misdemeanour, and shall be liable to imprisonment for 1 year.
Any person who, being employed in the public service, in capacity as to require him to furnish returns or statements by officials touching any sum payable or claimed to be payable to himself or to any other person, or touching any other matter required to be certified for the purpose of any payment of money or delivery of goods to be made to any person, makes a return or statement touching any such matter which is, to his knowledge, false in any material particular shall be guilty of a misdemeanour.
Any person who, being authorised or required by law to give any certificate touching any matter by virtue whereof the rights of any person may be prejudicially affected, gives a certificate which is, to his knowledge, false in any material particular, shall be guilty of a misdemeanour.
Any person who administers an oath, or takes a solemn declaration or affirmation or affidavit, touching any matter with respect to which he has not by law any authority to do so shall be guilty of a misdemeanour:
Provided that this section shall not apply to an oath, declaration, affirmation or affidavit administered by or taken before a magistrate or a justice of the peace in any matter relating to the preservation of the peace or the punishment of offences or relating to inquiries respecting sudden deaths, nor to an oath, declaration, affirmation or affidavit administered or taken for some purpose which is lawful
2008 Revised Edition Page 53
�
under the laws of another country, or for the purpose of giving validity to an instrument in writing which is intended to be used in another country.
Any person who —
shall be guilty of a misdemeanour.
Any person who —
shall be guilty of a misdemeanour, and shall be liable to imprisonment for 3 years.
Page 54 2008 Revised Edition
PART X1 - PERJURY AND FALSE STATEMENTS AND DECLARATIONS
Any person who —
shall be guilty of a misdemeanour, and shall be liable to imprisonment for 7 years.
Any person who —
2008 Revised Edition Page 55
�
(c) forbids the issue of any certificate or licence for marriage by falsely representing himself to be a person whose consent to the marriage is required by law knowing such representation to be false,
shall be guilty of a misdemeanour, and shall be liable to imprisonment for 7 years.
99 False statements, etc. as to births, or deaths
(1) Any person who —
shall be guilty of a misdemeanour, and shall be liable to imprisonment for 7 years.
(2) A prosecution under this section shall not be commenced more than 3 years after the commission of the offence.
100 False statutory declarations and other false statements without oath
(1) Any person who knowingly and wilfully makes (otherwise than on oath) a statement false in a material particular and the statement is made —
shall be guilty of a misdemeanour.
Page 56 2008 Revised Edition
(2) For the purposes of this section “statutory declaration” means a declaration made by virtue of the Oaths and Statutory Declarations Act.10
101 False declarations, etc., to obtain registration, etc., for carrying on a vocation
Any person who —
by wilfully making or producing or causing to be produced either verbally or in writing, any declaration, certificate or representation which he knows to be false or fraudulent, shall be guilty of a misdemeanour, and shall be liable to imprisonment for 12 months.
102 Aiders, abettors, suborners, etc.
103 Corroboration
A person shall not be liable to be convicted of any offence against any of the 7 preceding sections or of any offence declared by any other Act to be perjury or subornation of perjury or to be punishable as perjury or subornation of perjury solely upon the evidence of 1 witness as to the falsity of any statement alleged to be false.
104 Fabricating evidence
Any person who, with intent to mislead any tribunal in any judicial proceeding —
shall be guilty of a misdemeanour, and shall be liable to imprisonment for 7 years.
2008 Revised Edition Page 57
�
105 Inconsistent or contradictory statement
106 Proof of certain proceedings on which perjury is alleged
On a prosecution —
the fact of the former trial shall be sufficiently proved by the production of a certificate containing the substance and effect (omitting the formal parts) of the information and trial purporting to be signed by the registrar or other person having the custody of the records of the court where the information was tried or by the deputy of that registrar or other person without proof of the signature or official character of the clerk or persons appearing to have signed the certificate.
For the purposes of this Part, the forms and ceremonies used in administering an oath are immaterial if the court or person before whom the oath is taken has power to administer an oath for the purpose of verifying the statement in question and if the oath has been administered in a form and with ceremonies which the person taking the oath has accepted, without objection or has declared to be binding on him.
Page 58 2008 Revised Edition
Any person who practises any fraud or deceit, or knowingly makes or exhibits any false statement, representation, token or writing, to any person called or to be called as a witness in any judicial proceeding, with intent to affect the testimony of such person as a witness, shall be guilty of a misdemeanour.
Any person who, knowing that any book, document, or thing of any kind whatsoever is or may be required in evidence in a judicial proceeding, wilfully removes or destroys it or renders it unintelligible or undecipherable or incapable of identification, with intent thereby to prevent it from being used in evidence, shall be guilty of a misdemeanour.
Any person commits a misdemeanour who —
Any person who asks, receives or obtains, or agrees or attempts to receive or obtain, any property or benefit of any kind for himself or any other person upon any agreement or understanding that he will compound or conceal a felony, or will abstain from, discontinue or delay a prosecution for a felony, or will withhold any evidence thereof, shall be guilty of a misdemeanour.
Any person who, having brought, or under pretence of bringing, an action against another person upon a penal Act in order to obtain from him a penalty for any
2008 Revised Edition Page 59
�
offence committed or alleged to have been committed by him, compounds the action without the order or consent of the court in which the action is brought or is to be brought, shall be guilty of a misdemeanour.
Any person who —
shall be guilty of a misdemeanour.
Any person who corruptly takes any money or reward directly or indirectly, under pretence or upon account of helping reward any person to recover any property which has, under circumstances which amount to felony or misdemeanour, been stolen or obtained in any way whatsoever, or received, shall (unless he has used all due diligence to cause the offender to be brought to trial for the same) be guilty of felony, and shall be liable to imprisonment for 7 years.
(1) Any person who —
Page 60 2008 Revised Edition
shall be guilty of an offence, and shall be liable to imprisonment for 3 months.
(1) Any person who by force rescues or attempts to rescue from lawful custody any other person —
(a) if such last-named person is under sentence of imprisonment for life, or charged with an offence punishable with imprisonment for life, shall be guilty of a felony, and shall be liable to imprisonment for life; and
2008 Revised Edition Page 61
�
(2) If the person rescued is in the custody of a private person, the offender must have notice of the fact that the person rescued is in such custody.
Any person who, on being arrested for an offence, violently resists any police officer or special constable arresting him, or being in lawful custody, escapes from such custody, shall be guilty of a misdemeanour.
Any person who —
shall be guilty of a felony, and shall be liable to imprisonment for 7 years.
Any person who, when any property has been attached under the process or authority of any court, knowingly, with intent to hinder or defeat the attachment or process, receives, removes, retains, conceals, or disposes of such property, shall be guilty of a felony, and shall be liable to imprisonment for 3 years.
Any person who wilfully obstructs or resists any person lawfully charged with the execution of an order or warrant of any court shall be guilty of a misdemeanour, and shall be liable to imprisonment for 1 year.
Page 62 2008 Revised Edition
PART XIV - MISCELLANEOUS OFFENCES AGAINST PUBLIC
Any person employed in the public service who, in the discharge of the duties of his office, commits any fraud or breach of trust affecting the public, whether such fraud or breach of trust would have been criminal or not if committed against a private person, shall be guilty of a misdemeanour.
Whoever gives to any person employed in the public service any information which he knows or believes to be false, intending thereby to cause, or knowing it to be likely that he will thereby cause, such person employed in the public service —
shall be guilty of a misdemeanour, and shall be liable to imprisonment for 6 months or to a fine of $100.
Any person who destroys, damages or defiles any place of worship or any object which is held sacred by any class of persons any class with the intention of thereby insulting the religion of any class of persons or with the knowledge that any class of persons is likely to consider such destruction, damage or defilement as an insult to their religion shall be guilty of a misdemeanour.
Any person who voluntarily causes disturbance to any assembly lawfully engaged in the performance of religious worship or religious ceremony, is guilty of a misdemeanour.
2008 Revised Edition Page 63
�
Every person who, with the intention of wounding the feelings of any person or of insulting the religion of any person, or with the knowledge that the feelings of any person are likely to be wounded, or that the religion of any person is likely to be insulted thereby, commits any trespass in any place of worship or in any place of burial, or in any place set apart for the performance of funeral rites or as a depository for the remains of the dead, or offers any indignity to any human corpse, or causes disturbance to any persons assembled for the purpose of funeral ceremonies, shall be guilty of a misdemeanour.
Whoever unlawfully hinders the burial of the dead body of any person, or without lawful authority in that behalf disinters, dissects or harms the dead body of any person, or being under a duty to cause the dead body of any person to be buried, fails to perform such duty, shall be guilty of a misdemeanour.
Any person who, with the deliberate intention of wounding the religious feelings of any person, writes any word, or any person who, with the like intention, utters any word or makes any sound in the hearing of any other person or makes any gesture or places any object in the sight of any other person, is guilty of a misdemeanour, and shall be liable to imprisonment for 1 year.
Any person who has unlawful sexual intercourse with a woman or girl, without her consent, or with her consent if the consent is obtained by force or by means of threats or intimidation of any kind, or by fear of bodily harm, or by means of false representations as to the nature of the act, or in the case of a married woman, by personating her husband, is guilty of the felony termed rape.
129 Punishment of rape
Any person who commits the offence of rape shall be liable to imprisonment for life.
Page 64 2008 Revised Edition
Any person who attempts to commit rape is guilty of a felony, and shall be liable to imprisonment for 7 years.
Any person who, with intent to marry or have sexual intercourse with a woman of any age, or to cause her to be married or carnally known by any other person, takes her away, or detains her, against her will, is guilty of a felony, and is liable to imprisonment for 7 years.
Any person who with intent that any unmarried girl under the age of 18 years shall have unlawful sexual intercourse with any man, whether such sexual intercourse is intended to be with any particular man, or generally, takes or causes to be taken such girl out of the possession and against the will of her father or mother, guardian or any other person having the lawful care or charge of her, shall be guilty of a misdemeanour:
Provided that it shall be a defence to any charge under this section if it shall be made to appear to the court that the person so charged had reasonable cause to believe and did in fact believe that the girl was of or above the age of 18 years.
(1) Any person who has unlawful sexual intercourse with any girl under the age of 13 years is guilty of a felony, and shall be liable to imprisonment for life.
2008 Revised Edition Page 65
�
(1) Any person who —
shall be guilty of a misdemeanour, and shall be liable to imprisonment for 5 years:
Provided that it shall be a sufficient defence to any charge under paragraph (a) if it shall be made to appear to the court before whom the charge is brought that the person so charged had reasonable cause to believe and did in fact believe that the girl was of or above the age of 15 years.
(1) Any person who —
Page 66 2008 Revised Edition
may for the purposes of prostitution become an inmate of or frequent a brothel either in Tuvalu or elsewhere,
shall be guilty of a misdemeanour, and shall be liable to imprisonment for 2 years:
Provided that no person shall be convicted of any offence against this section upon the evidence of 1 witness only, unless such witness be corroborated in some material particular by evidence implicating the accused.
(2) It is no defence to any charge under this section to show that the girl or woman procured was procured with her consent.
Any person who —
shall be guilty of a misdemeanour, and shall be liable to imprisonment for 2 years:
Provided that no person shall be convicted of an offence under this section upon the evidence of 1 witness only, unless such witness be corroborated in some material particular by evidence implicating the accused.
Any person who, being the owner or occupier of premises or having or acting or assisting in the management or control thereof, induces or knowingly suffers any girl under the age of 13 years to resort to or be upon such premises for the purpose of having unlawful sexual intercourse with any man, whether such sexual intercourse is intended to be with any particular man or generally, shall be guilty of a felony and shall be liable to imprisonment for life:
Provided that it shall be a sufficient defence to any charge under this section if it shall be made to appear to the court before whom the charge shall be brought that the person so charged had reasonable cause to believe and did in fact believe that the girl was of or above the age of 13 years.
2008 Revised Edition Page 67
�
Any person who, being the owner or occupier of premises, or having or acting or assisting in the management or control thereof, induces or knowingly suffers any girl of or above the age of 13 and under the age of 15 years to resort to or be upon such premises for the purpose of having unlawful sexual intercourse with any man whether such sexual intercourse is intended to be with any particular man or generally, is guilty of a misdemeanour, and shall be liable for imprisonment for two years:
Provided that it shall be a sufficient defence to any charge under this section if it shall be made to appear to the court before whom the charge is brought that the person so charged had reasonable cause to believe and did in fact believe that the girl was of or above the age of 15 years.
(1) Any person who detains any woman or girl against her will —
shall be guilty of a misdemeanour, and shall be liable for imprisonment for 2 years.
(1) Any parent or any other person having the custody, charge or care of a minor under the age of 15 years who lets for hire or otherwise disposes of such minor with intent that such minor shall at any age be employed or used for the purpose of prostitution or unlawful sexual intercourse with any person or for any unlawful and immoral purpose, or knowing it to be likely that such minor
Page 68 2008 Revised Edition
at any age will be employed or used for any such purpose, shall be guilty of misdemeanour, and shall be liable for imprisonment for 2 years.
(2) When a minor under the age of 15 years is let for hire or otherwise disposed of to a common prostitute or other person of known immoral character, until the contrary is proved, that parent or any other person having the custody, charge or care of a minor shall be deemed to have disposed of such minor with the intent mentioned in this section
2008 Revised Edition Page 69
�
Where on the trial of any offence under sections 128 to 143 inclusive it is proved to the satisfaction of the court that the seduction, prostitution or unlawful detention of any female under the age of 18 years has been caused, encouraged or favoured by her father, mother, guardian, master or mistress, the court may divest such father, mother, guardian, master or mistress of all authority over her and appoint any person or persons willing to take charge of such female to be her guardian until she has attained the age of 18 years or any age below this as the court may direct and the court may from time to time rescind or vary such order by the appointment of any other person or persons as such guardian or in any other respect.
(1) Every male person who —
shall be guilty of a misdemeanour.
(2) Where a male person is proved to live with or to be habitually in the company of a prostitute or is proved to have exercised control, direction or influence over the movements of a prostitute in such a manner as to show that he is aiding, abetting or compelling her prostitution with any other person, or generally, he shall, unless he shall satisfy the court to the contrary be deemed to be knowingly living on the earnings of prostitution.
Page 70 2008 Revised Edition
Every woman who is proved to have, for the purpose of gain, exercises control, direction or influence over the movements of the prostitute in such a manner as to show that she is aiding, abetting or compelling her prostitution with any other person, or generally, shall be guilty of a misdemeanour.
If it appears to a magistrate by information on oath that there is reason to suspect that any house or any part of a house is used by a woman or a girl for purposes of prostitution, and that any person residing in or frequenting the house is living wholly or in part on the earnings of the prostitute, or is exercising control, direction or influence over the movements of the prostitute, the magistrate may issue a warrant authorising any police officer to enter and search the house and to arrest such person.
Any person who —
shall be guilty of a misdemeanour.11
Any person who conspires with another to induce or defile any woman or girl, by means of any false pretence or other fraudulent means, to permit any man to have unlawful sexual intercourse with her shall be guilty of a misdemeanour.
Any person who, with intent to procure the miscarriage of a woman, whether she is or is not with child, unlawfully administers to her or causes her to take any poison or other noxious thing, or uses any force of any kind, or uses any other means whatever, shall be guilty of a felony, and shall be liable to imprisonment for 10 years.
2008 Revised Edition Page 71
�
Any woman who, being with child, with intent to procure her own miscarriage, unlawfully administers to herself any poison or other noxious thing, or uses any force of any kind, or uses any other means whatever, or permits any such thing or means to be administered or used to her, shall be guilty of a felony, and shall be liable to imprisonment for life.
Any person who unlawfully supplies to or procures for any person any thing whatever, knowing that it is intended to be unlawfully used with intent to procure the miscarriage of a woman, whether she is or is not with child, is guilty of a felony, and shall be liable to imprisonment for 5 years.
Any person who —
shall be guilty of a felony, and shall be liable to imprisonment for14 years.
Any person who attempts to commit any of the offences specified in the last preceeding section, or who is guilty of any assault with intent to commit the same, or any indecent assault upon any male person shall be guilty of a felony, and shall be liable to imprisonment for 7 years.
Any male person who, whether in public or private, commits any act of gross indecency with another male person, or procures another male person to commit any act of gross indecency with him, or attempts to procure the commission of any such act by any male person with himself or with another male person, whether in public or private, shall be guilty of a felony, and shall be liable to imprisonment for 5 years.
(1) Any male person who has sexual intercourse with a female person, who is to his knowledge his granddaughter, daughter, sister or mother, is guilty of a felony, and shall be liable to imprisonment for 7 years:
Page 72 2008 Revised Edition
Provided that if it is alleged in the information or charge and proved that the female person is under the age of 13 years, the offender shall be liable to imprisonment for life.
In section 156 the expressions “brother” and “sister” respectively include half-brother and half-sister, and the provision of the said section shall apply whether the relationship between the person charged with an offence and the person with whom the offence is alleged to have been committed is or is not traced through lawful wedlock.
No prosecution for an offence under section 156 or 158 shall be commenced without the sanction of the Attorney-General.
2008 Revised Edition Page 73
�
Except as otherwise expressly stated, it is immaterial in the case of any of the offences referred to in this Part committed with respect to a woman or girl under a specified age, that the accused person did not know that the woman or girl was under that age, or believed that she was not under that age.
Whenever, upon the trial for any offence punishable under this Code, it may be necessary to prove sexual intercourse, it shall not be necessary to prove the completion of the intercourse by the actual emission of seed but the intercourse shall be deemed complete upon proof of penetration only.
Any person who wilfully and by fraud causes any woman who is not lawfully married to him to believe that she is lawfully married to him and to cohabit or have sexual intercourse with him in that belief, shall be guilty of a felony, and shall be liable to imprisonment for 10 years.
Page 74 2008 Revised Edition
Any person who dishonestly or with fraudulent intention goes through the ceremony of marriage, knowing that he is not thereby lawfully married, shall be guilty of a felony, and shall be liable to imprisonment for 5 years.
(1) Any person who —
2008 Revised Edition Page 75
�
(e) publicly exhibits any indecent show or performance or any show or performance tending to corrupt morals,
is guilty of a misdemeanour, and shall be liable to imprisonment for 2 years or to a fine of $200.
The following persons —
are deemed idle and disorderly persons, and shall be liable to imprisonment for 2 months or to a fine of $20:
Provided that in the event of conviction under this section the magistrate may in addition to or in lieu of any fine or imprisonment imposed as aforesaid by
Page 76 2008 Revised Edition
order direct that the person convicted, not being ordinarily resident within the place or district in which such person is ordinarily resident and that he shall reside there for such period not exceeding 1 year as may be specified in such order.
The following persons —
are deemed to be rogues and vagabonds, and are guilty of a misdemeanour, and shall be liable for the first offence to imprisonment for 3 months, and for every subsequent offence to imprisonment for 1 year:
Provided that in the event of any conviction under this section the magistrate may in addition to or in lieu of any fine or imprisonment imposed as aforesaid by order direct that the person convicted, not being ordinarily resident within the place or district in which the conviction takes place, shall be conveyed to the place or district in which such person is ordinarily resident and that he shall reside there for such period not exceeding 1 year as may be specified by such order.
Any person who —
2008 Revised Edition Page 77
�
Page 78 2008 Revised Edition
is guilty of an offence, and shall be liable to fine of $100 or to imprisonment for 1 month.14
Any person found in a public place drunk so as to be incapable of taking care of himself is guilty of an offence and shall be liable to a fine of $200 and such person may be arrested without warrant by any police officer.15
“town area” means any area to which the provisions of this section may be applied by order of the Minister; and
“village” means any small assemblage of not less than 6 dwelling-houses or buildings for business, or both, whether upon regularly laid out streets or roads or not.
2008 Revised Edition Page 79
�
Any person who pollutes or obstructs any aqueduct, dam, sluice, pipe, pump, watercourses or fountain, is guilty of misdemeanour, and shall be liable to a fine of $400 or to imprisonment for three months.16
Any person who, without the consent of the owner or occupier, posts or otherwise affixes any placard or other paper upon any wall, house or building, or defaces any such wall, house or building by chalk or paint or otherwise, is guilty of an offence, and shall be liable to a fine of $10 or to imprisonment for 1 month.
Any person who incites a dog or other animal to attack, worry or put in bodily fear any other person or any animal, is guilty of an offence, and shall be liable to imprisonment for 2 months or to a fine of $200.17
Page 80 2008 Revised Edition
badges appropriate thereto, is guilty of misdemeanour, and shall be liable to imprisonment for 6 months, or to a fine of $100.
(4) When any person has been convicted of any offence under this section, the uniform, dress, button, badge or other thing in respect of which the offence has been committed shall be forfeited unless the court otherwise orders.
Any person who unlawfully or negligently does any act which is likely, and which he knows or has reason to believe to be likely to spread the infection of any disease dangerous to life is guilty of a misdemeanour.
2008 Revised Edition Page 81
�
Any person who voluntarily vitiates the atmosphere in any place so as to make it noxious to the health of persons in general dwelling or carrying on business in the neighbourhood or passing along a public way, is guilty of a misdemeanour.
Any person who, for the purposes of trade or otherwise, makes loud noises or offensive or unwholesome smells in such places and circumstances as to annoy any considerable number of persons in the exercise of their common rights commits and is liable to be punished as for a common nuisance.
Any person who, in a manner so rash or negligent as to endanger any property, does any act with fire or any combustible matter or omits to take precautions against any probable danger from any fire or combustible matter in his possession, is guilty of a misdemeanour and shall be liable to imprisonment for 3 months.
(1) Any person who —
is guilty of a misdemeanour, and shall be liable to imprisonment for 3 months; and if the property upon which the offence is committed is any building, tent or vessel used as a human dwelling, or any building used as a place of worship, or as a place for the custody of property, the offender shall be liable to imprisonment for 1 year.
(2) Any person who enters by night any dwelling-house, or any verandah or passage attached thereto, or any yard, garden or other land adjacent to or within the curtilage of such dwelling-house, without lawful excuse, is guilty of a misdemeanour, and shall be liable to imprisonment for 1 year.
Page 82 2008 Revised Edition
Any person who —
is guilty of a misdemeanour, and shall be liable to imprisonment for 6months or to a fine of $100.
Any person who, by print, writing, painting, effigy or by any means otherwise than solely by gestures, spoken words or other sounds unlawfully publishes any defamatory matter concerning another person, with intent to defame that other person, is guilty of the misdemeanour termed “libel”.
Defamatory matter is matter, likely to injure the reputation of any person by exposing him to hatred, contempt, or ridicule, or likely to damage any person in his profession or trade by an injury to his reputation
Any publication of defamatory matter concerning a person is unlawful within the meaning of this Part unless —
2008 Revised Edition Page 83
�
Provided that nothing in this section shall exempt a person from any liability to punishment under any other Part of this Code or under the express provisions of any other Act in force within Tuvalu.
A publication of defamatory matter is privileged, on condition that it was published in good faith, if the relation between the parties by and to whom the publication is made is such that the person publishing the matter is under some legal, moral or social duty to publish it to the person to whom the publication is made or has a legitimate personal interest in so publishing it, provided that the publication does not exceed either in extent or matter what is reasonably sufficient for the occasion, and in any of the following cases, namely —
Page 84 2008 Revised Edition
2008 Revised Edition Page 85
�
A publication of defamatory matter shall not be deemed to have been made in good faith by a person, within the meaning of the last preceding section, if it is made to appear either —
If it is proved, on behalf of the accused person, that the defamatory matter was published under such circumstances that the publication would have been justified if made in good faith, the publication shall be presumed to have been made in good faith until the contrary is made to appear, either from libel itself, or from the evidence given on behalf of the accused person, or from evidence given on the part of the prosecution.
Any person who of malice aforethought causes the death of another person by an unlawful act or omission is guilty of murder and shall be sentenced to imprisonment for life.
Page 86 2008 Revised Edition
Malice aforethought may be expressed or implied and expressed as malice shall be deemed to be established by evidence proving either of the following states of mind preceding or co-existing with the act or omission by which death is caused, and it may exist where that act is unpremeditated —
2008 Revised Edition Page 87
�
Where a person by an intentional and unlawful act causes the death of another person the offence committed shall not be of murder but only manslaughter if any of the following matters of extenuation are proved on his behalf, namely —
Where on a charge of murder there is evidence on which the court finds that the person charged was provoked (whether by things done or by things said or by both together) to lose his self-control, the question whether the provocation was enough to make a reasonable man do as he did shall be determined by the court; and in determining that question there shall be taken into account everything both done and said according to the effect which it would have on a reasonable man.
Where a woman by any wilful act or omission causes the death of her child, being a child under the age of 12 months, but at the time of the act or omission the balance of her mind was disturbed by reason of her not having full recovered from the effect of giving birth to the child or by reason of the effect of lactation consequent upon the birth of the child, then, notwithstanding that the circumstances were such that but for the provisions of this section the offence would have amounted to murder, she shall be guilty of felony, to wit, infanticide, and may for such offence be dealt with and punished as if she had been guilty of manslaughter of the child.
A person is deemed to have caused the death of another person although his act is not the immediate or the whole cause of death in any of the following cases —
(a) if he inflicts bodily injury on another person in consequence of which that other person undergoes surgical or medical treatment which causes death. In this case it is immaterial whether the treatment was proper or
Page 88 2008 Revised Edition
mistaken, if it was employed in good faith and with common knowledge and skill; but the person inflicting the injury is not deemed to have caused the death if the treatment which was its immediate cause was not employed in good faith or was so employed without common knowledge or skill;
A child becomes a person capable of being killed when it has completely proceeded in a living state from the body of its mother, whether it has breathed or not, and whether it had an independent circulation or not, and whether the navel-string is severed or not.
2008 Revised Edition Page 89
�
PART XXI - DUTIES RELATING TO THE PRESERVATION OF
It is the duty of every person having charge of another who is unable by reason of age, sickness, unsoundness of mind, detention or any other cause to withdraw himself from such charge, and who is unable to provide himself with the necessaries of life, whether such charge is undertaken under a contract or is imposed by law, or arises by reason of any act, whether lawful or unlawful, of the person who has such charge, to provide for that other person the necessaries of life; and he shall be deemed to have caused any consequences which adversely affect the life or health of the other person by reason of any omission to perform that duty.
It is the duty of every person who, as head of a family, has charge of a child under the age of 15 years, being a member of his family household, to provide the necessaries of life for such child; and he shall be deemed to have caused any consequences which adversely affect the life or health of the child by reason of any omission to perform that duty, whether the child is helpless or not.
It is the duty of every person who as master or mistress has contracted to provide necessary food, clothing or lodging for any servant or apprentice under the age of 15 years to provide the same; and he or she shall be deemed to have caused any consequences which adversely affect the life or health of the servant or apprentice by reason of any omission to perform that duty.
It is the duty of every person who, except in the case of necessity, undertakes to administer surgical or medical treatment to any other person, or to do any other lawful act which is or may be dangerous to human life or health, to have reasonable skill and to use reasonable care in doing such act; and he shall be deemed to have caused any consequences which adversely affect the life or health of any person by reason of any omission to observe or perform that duty.
It is the duty of every person who has in his charge or under his control anything, whether living or inanimate, and whether moving or stationary, of such a nature that,
Page 90 2008 Revised Edition
in the absence of care or precaution in its use or management, the life, safety or health of any person may be endangered, to use reasonable care and take reasonable precautions to avoid such danger; and he shall be deemed to have caused any consequences which adversely affect the life or health of any person by reason of any omission to perform that duty.
Any person who —
is guilty of a felony, and shall be liable to imprisonment for life.
Any person who becomes an accessory after the fact to murder is guilty of a felony, and shall be liable to imprisonment for 7 years.
Any person who, knowing the contents thereof; directly or indirectly causes any person to receive any writing threatening to kill any person is guilty of a felony, and shall be liable to imprisonment for 10 years.
Any person who conspires with any other person to kill any person, whether such person is in Tuvalu or elsewhere, is guilty of a felony, and shall be liable to imprisonment for 10 years.
(1) Any person who aids, abets, counsels or procures the suicide of another, or an attempt by another to commit suicide, is guilty of a felony, and shall be liable to imprisonment for 14 years.
2008 Revised Edition Page 91
�
(2) If on the trial of an information for murder or manslaughter it is proved that the accused aided, abetted, counselled or procured the suicide of the person in question, he may be found guilty of that offence.
Any person who, when a woman is delivered of a child, endeavours by any secret disposition of the dead body of the child to conceal the birth, whether the child died before, at or after its birth, is guilty of a misdemeanour.
Any person who, with intent to destroy the life of a child capable of being born alive, by any wilful act causes a child to die before it has an existence independent of its mother, is guilty of a felony known as child destruction, and shall be liable to imprisonment for life:
Provided that no person shall be found guilty of an offence under this section unless it is proved that the act which caused the death of the child was not done in good faith for the purpose of preserving the life of the mother.
For the purposes of section 214, evidence that a woman had at any material time been pregnant for a period of 28 weeks or more shall be prima facie proof that she was at the time pregnant of a child capable of being born alive
Any person who, by any means calculated to choke, suffocate or strangle, and with intent to commit or facilitate the commission of a felony or misdemeanour, or to facilitate the flight of an offender after the commission or attempted commission of a felony or misdemeanour, renders or attempt to render any person incapable of resistance, is guilty of a felony, and shall be liable to imprisonment for life.
Any person who, with intent to commit or to facilitate the commission of a felony or misdemeanour, or to facilitate the flight of an offender after the commission or attempted commission of a felony or misdemeanour, administers or attempts to
Page 92 2008 Revised Edition
administer any stupefying or overpowering drug or thing to any person, is guilty of a felony, and shall be liable to imprisonment for life.
Any person who, with intent to maim, disfigure or disable any person, or to do some grievous harm to any person, or to resist or prevent the lawful arrest or detention of any person —
is guilty of a felony, and shall be liable to imprisonment for life.
Any person who unlawfully —
is guilty of a felony, and shall be liable to imprisonment for life.
Any person who unlawfully does grievous harm to another is guilty of a felony and shall be liable to imprisonment for 7 years.
2008 Revised Edition Page 93
�
Any person who unlawfully, and with intent to do any harm to another, puts any explosive substance in any place whatever, is guilty of a felony and shall be liable to imprisonment for 14 years.
Any person who unlawfully, and with intent to injure or annoy another, causes any poison or noxious thing to be administered to, or taken by, any person, and shall thereby endanger his life, or does him grievous harm, is guilty of a felony, and shall be liable to imprisonment for 14 years.
Any person who unlawfully wounds another is guilty of a misdemeanour and shall be liable to imprisonment for 5 years.
Any person who unlawfully and with intent to injure or annoy any person causes any poison or other noxious thing to be administered to or taken by any person is guilty of a misdemeanour, and shall be liable to imprisonment for 5 years.
Any person who, being charged with the duty of providing for another the necessaries of life, without lawful excuse fails to do so, whereby the life of that other person is or is likely to be endangered, or his health is or is likely to be permanently injured, is guilty of a felony, and shall be liable to imprisonment for 3 years.
Page 94 2008 Revised Edition
A person is not criminally responsible for performing in good faith and with reasonable care and skill a surgical operation upon any person for the benefit, or upon any unborn child for the preservation of the mother’s life, if the performance of the operation is reasonable, having regard to the patient’s state at the time and to all the circumstances of the case.
Any person authorised by law or by the consent of the person injured by him to use force is criminally responsible for any excess, according to the nature and quality of the act which constitutes the excess.
Notwithstanding anything contained in section 228, consent by a person to the causing of his own death or his own maiming does not affect the criminal responsibility of any person by whom such death or maiming is caused.
2008 Revised Edition Page 95
�
Any person who, in a manner so rash or negligent as to endanger human life or to be likely to cause harm to any other person —
is guilty of a misdemeanour.
Any person who unlawfully does any act, or omits to do any act which it is his duty to do, not being an act or omission specified in the preceding section, by which act or omission harm is caused to any person, is guilty of a misdemeanour, and shall be liable to imprisonment for 6 months.
Whoever does, with any poisonous substance, any act in a manner so rash or negligent as to endanger human life, or to be likely to cause hurt or injury to any other person, or knowingly or negligently omits to take such care with any poisonous substance in his possession as is sufficient to guard against probable danger to human life from such poisonous substance, is guilty of a misdemeanour, and shall be liable to imprisonment for 6 months, or a fine of $200.
Page 96 2008 Revised Edition
Any person who, by any unlawful act or omission not otherwise specified in this Part of this Code, causes the safety of person travelling by any aircraft, vehicle or vessel to be endangered, is guilty of a misdemeanour.
Any person who exhibits any false light, mark or buoy, intending or knowing it to be likely that such exhibition will mislead any navigator, shall be liable to imprisonment for 7 years.
Any person who knowingly or negligently conveys, or causes to be conveyed for hire any person by water in any vessel, when that vessel is in such a state or so loaded to be unsafe, shall be guilty of a misdemeanour.
Any person who by doing any act, or by omitting to take reasonable care with any property in his possession or under his charge, causes danger, obstruction or injury to any person in any public way or public line of navigation, is liable to a fine not exceeding $1,000.18
Any person who unlawfully assaults another is guilty of a misdemeanour, and, if the assault is not committed in circumstances for which a greater punishment is provided in this Code, shall be liable to imprisonment for 6 months.
Any person who commits an assault occasioning actual bodily harm is guilty of a misdemeanour, and shall be liable to imprisonment for 5 years.
Any person who assaults and strikes or wounds any magistrate, police or customs officer, or other person lawfully authorised in or on account of the execution of his duty in or concerning the preservation of any vessel in distress, or of any vessel or
2008 Revised Edition Page 97
�
goods or effects wrecked, stranded, or cast on shore or lying under water, is guilty of a misdemeanour, and shall be liable to imprisonment for 7 years.
Any person who —
is guilty of a misdemeanour and shall be liable to imprisonment for 2 years.
For the purposes of this Part —
Any person who kidnaps any person is guilty of a felony and shall be liable to imprisonment for 7 years.
Page 98 2008 Revised Edition
Any person who kidnaps or abducts any person with intent to cause that person to be secretly and wrongfully confined, is guilty of a felony, and shall be liable to imprisonment for 7 years.
Any person who kidnaps or abducts any person in order that such person may be subjected, or may be so disposed of as to put in danger of being subjected, to grievous harm, or slavery, the unnatural lust of any person, or knowing it to be likely that such person will be so subjected or disposed of, is guilty of a felony, and shall be liable to imprisonment for 10 years.
Any person who, knowing that any person has been kidnapped or has been abducted, wrongfully conceals or confines such person, is guilty of a felony and shall be punished in the same manner as if he had kidnapped or abducted such person with the same intention or knowledge, or for the same purpose, as that with or for which he conceals or detains such person in confinement.
Any person who unlawfully, either by force or fraud, leads or takes away, or decoys or entices away, or detains any child under the age of 14 years with intent to deprive any parent, guardian or other person having the lawful care or charge of such child of the possession of such child or with intent to steal any article upon or about the person of such child, to whomsoever such article may belong; and any person who with any such intent, receives or harbours any such child, knowing the same to have been by force or fraud led, taken, decoyed, enticed away, or detained, as in this section before mentioned, is guilty of a felony, and shall be liable to imprisonment for 7 years:
Provided that no person who shall have claimed in good faith any right to the possession of such child, or is the mother or shall have claimed to be the father of an illegitimate child, shall be liable to be prosecuted by virtue hereof on account of the getting possession of such child, or taking such child out of the possession of any person having the lawful charge thereof.
Any person who unlawfully takes or causes to be taken any unmarried girl, being under the age of 15 years, out of the possession and against the will of her father or
2008 Revised Edition Page 99
�
mother, or of any other person having the lawful care or charge of her, is guilty of a misdemeanour.
Whoever wrongfully confines any person is guilty of a misdemeanour and shall be liable to imprisonment for 1 year or to a fine of $400.
Any person who unlawfully compels any person to labour against the will of that person is guilty of a misdemeanour.
Page 100 2008 Revised Edition
(1) A person steals who, without the consent of the owner fraudulently and without a claim of right made in good faith takes and carries away anything capable of being stolen with intent, at the time of such taking, permanently to deprive the owner thereof:
Provided that a person may be guilty of stealing any such thing notwithstanding that he has lawful possession thereof, if, being a bailee or part owner thereof, he fraudulently converts the same to his own use or the use of any person other than the owner.
(2)
If any person, who is a member of any co-partnership or is one of 2 or more beneficial owners of any property, steals or embezzles any such property of or belonging to such co-partnership or to such beneficial owners, he is liable to be dealt with, tried and punished as if he had not been or was not a member of such copartnership or one of such beneficial owners.
2008 Revised Edition Page 101
�
Any person who steals any will, codicil or other testamentary instrument, either of a dead or of a living person, is guilty of a felony, and shall be liable to imprisonment for life.
Any person who steals the whole or any part of —
Page 102 2008 Revised Edition
(c) any original document relating to the business of any office or employment under Her Majesty, and being or remaining in any office appertaining to any court of justice, or in the residence or private office of the Governor-General, or in any Government or public office,
is guilty of a felony, and shall be liable to imprisonment for 5 years.
Any person who maliciously or fraudulently abstracts, causes to be wasted or diverted, consumes or uses any electricity is guilty of a felony, and shall be liable to be punished as in the case of simple larceny.
Any person who steals or severs with intent to steal any mineral as defined in the Mineral Development Licensing Act is guilty of a felony, and shall be liable to imprisonment for 5 Years.
Any person who —
(d) stops a mail with intent to rob the mail, is guilty of a felony, and shall be liable to imprisonment for 10 years.
Any person who, being an officer of the post office, steals or embezzles a postal packet in the course of transmission by post, is guilty of a felony and shall be liable —
261 Definitions relating to larceny and embezzlement of postal packets
For the purposes of sections 259 and 260 —
2008 Revised Edition Page 103
�
Any person who steals in any dwelling-house any chattel, money, or valuable security —
is guilty of a felony, and shall be liable to imprisonment for 14 years.20
Any person who steals any chattel, money, or valuable security from the person of another is guilty of a felony, and shall be liable to imprisonment for 14 years.
Any person who steals —
is guilty of a felony, and shall be liable to imprisonment for 14 years.
Page 104 2008 Revised Edition
Any person who, being a tenant or lodger, or the husband or wife of any tenant or lodger, steals any chattel or fixture let to be used by such person in or with any house or lodging is guilty of a felony, and shall be liable —
Any person who —
2008 Revised Edition Page 105
�
is guilty of a felony, and shall be liable to imprisonment for 14 years.
Any person who steals any cattle is guilty of a felony, and shall be liable to imprisonment for 5 years.
Any person who steals any dog is guilty of a misdemeanour, and shall be liable to imprisonment for 6 months or to a fine of $100.
Any person who steals any bird, beast or other animal ordinarily kept in a state of confinement, or for any domestic purpose is guilty of a misdemeanour, and shall be liable to imprisonment for 6 months or to a fine of $100.
Any person who unlawfully takes or destroys, or attempts to take or destroy, any fish in any water which is private property, or in which there is any private right of fishery, is guilty of an offence, and shall be liable to a fine of $100.22
(1) Any person who —
Page 106 2008 Revised Edition
(c)
fraudulently converts to his own use or benefit or the use or benefit of any other person, the property or any part thereof or any proceeds thereof,
is guilty of a misdemeanour, and shall be liable to imprisonment for 7 years.
(2) Nothing in paragraph (c) of subsection (1) applies to or affects a trustee under any express trust created by a deed or any will, or any mortgagee of any property, real or personal, in respect of any act done by the trustee or mortgagee in relation to the property comprised in or affected by any such trust or mortgage.
Any person who steals, or cuts, breaks, roots up or otherwise destroys or damages, with intent to steal, the whole or any part of any tree, sapling or shrub, or any underwood, wheresoever the same may be respectively growing, the stealing of such article or articles or the injury done being to the amount of 10 cents at the least, is guilty of a misdemeanour.
Any person who steals, or cuts, breaks or throws down, with intent to steal, any part of any live or dead fence or any metal or wooden post, pale, wire or rail set up or used as a fence, or any stile or gate or any part thereof respectively, is guilty of a misdemeanour.
Any person who steals, destroys, roots up or damages with intent to steal, any plant, root, fruit or vegetable production, used for the food of man or beast, or for medicine, or for distilling or for dyeing, or for or in the course of any manufacture,
2008 Revised Edition Page 107
�
and growing in any garden, orchard, pleasure ground, green-house or conservatory, or in any land, open or enclosed, is guilty of a misdemeanour.
Any person who —
is guilty of a felony, and shall be liable to be punished as in the case of simple larceny.23
Any person who, for any fraudulent purpose, destroys, cancels or obliterates the whole or any part of any valuable security, other than a document of title to lands, is guilty of a felony, of the same nature and in the same degree, and punishable in the same manner, as if he had stolen any chattel of like value with the share, interest or deposit to which the security so stolen may relate, or with the money due on the
Page 108 2008 Revised Edition
security so stolen, or secured thereby and remaining unsatisfied, or with the value of the goods or other valuable thing represented, mentioned or referred to in or by the security.
Any person who, for any fraudulent purpose, destroys, cancels, obliterates or conceals the whole or any part of any document of title to lands, is guilty of a felony, and shall be liable to imprisonment for 3 years.
Any person who, for any fraudulent purpose, takes from its place of deposit for the time being, or from any person having lawful custody thereof, or unlawfully and maliciously cancels, obliterates, injures or destroys the whole or any part of any record, writ, return, panel, process, interrogatory, deposition, affidavit, rule, order or warrant or power of attorney, or of any original document whatsoever of or belonging to any court of equity, or relating to any cause or matter begun, pending or terminated in any such court, or of any original document in relating to the business of any office or employment under Her Majesty, and being or remaining in any office appertaining to any court of justice, is guilty of a felony, and shall be liable to imprisonment for 3 years.
2008 Revised Edition Page 109
�
Any person who, being employed in or about any mine takes, removes or conceals any mineral, as defined in the Mineral Development Licensing Act, found or being in such mine, with intent to defraud any proprietor of or any adventurer in such mine, or any workman or miner employed therein, or the holder of any mining licence or prospecting licence, is guilty of a felony, and is liable to imprisonment for 2 years.
Any person who unlawfully and wilfully kills, wounds or takes any house-dove or tame bird is guilty of a misdemeanour, and shall be liable to a fine of $10.
Any person who wilfully kills any animal with intent to steal the carcase, skin or any part of the animal killed, is guilty of felony, and shall be liable to the same punishment as if he had stolen such animal, provided that the offence of stealing the animal so killed would have amounted to felony.
(1) Any person who, being a factor or agent entrusted, either solely or jointly with any other person, for the purpose of sale or otherwise, with the possession of any goods or of any document of title to goods, contrary to or without the authority of his principal in that behalf, for his own use or benefit, or the use
Page 110 2008 Revised Edition
or benefit of any person other than the person by whom he was entrusted, and in violation of good faith —
is guilty of a misdemeanour, and shall be liable to imprisonment for 7 years:
Provided that no such factor or agent shall be liable to any prosecution for consigning, depositing, transferring or delivering any such goods or documents of title, in case the same shall not be made a security for or subject to the payment of any greater sum of money than the amount which, at the time of such consignment, deposit, transfer or delivery, was justly due and owing to such agent from his principal, together with the amount of any bill of exchange drawn by or on account of such principal and accepted by such factor or agent.
(2)
2008 Revised Edition Page 111
�
Any person who unlawfully and without claim of right but not so as to be guilty of stealing, takes or converts to his own use or to the use of any other person any vehicle or cycle, however propelled, or any vessel, is guilty of a misdemeanour, and shall be liable to imprisonment for 12 months and to a fine of $200.
(1) Any person who —
is guilty of a felony, and shall be liable to imprisonment for life.
(1) Any person who —
Page 112 2008 Revised Edition
crime to which this section applies, with intent to extort or gain thereby any property or valuable thing from any person; or
(c) with intent to extort or gain any property or valuable thing from any person accuses or threatens to accuse either that person or any other person (whether living or dead) of any such crime,
is guilty of a felony, and shall be liable to imprisonment for life.
Any person who with menaces or by force demands of any person anything capable of being stolen with intent to steal is guilty of a felony, and shall be liable to imprisonment for 5 years.
Any person who with intent —
(i) publishes or threatens to publish any libel upon any other person (whether living or dead); or
2008 Revised Edition Page 113
�
(ii) directly or indirectly threatens to print or publish, or directly or indirectly proposes to abstain from or offers to prevent the printing or publishing of any matter or thing touching any other person (whether living or dead),
is guilty of a misdemeanour, and shall be liable to imprisonment for 2 years.
Any person who —
is guilty of the felony called sacrilege, and shall be liable to imprisonment for 14 years.
Any person who in the night —
Page 114 2008 Revised Edition
is guilty of the felony called burglary, and shall be liable to imprisonment for life.
Any person who —
is guilty of a felony, and shall be liable to imprisonment for 14 years.
Any person who, with intent to commit any felony therein —
is guilty of a felony, and shall be liable to imprisonment for 7 years
Any person who is found by night —
2008 Revised Edition Page 115
�
(c) having his face masked or disguised with intent to commit any felony; or in any building with intent to commit any felony therein, is guilty of a misdemeanour, and shall be liable —
When any person is convicted of an offence under this Part the court may order that any instrument of housebreaking used in connection with any offence shall be forfeited to Her Majesty.
Any person who, being a trustee of any property for the use or benefit either wholly or partially of some other person, or for any public or charitable purpose, with intent to defraud converts or appropriates the same or any part thereof to or for his own use or benefit, or the use or benefit of any person other than such person as aforesaid, or for any purpose other than such public or charitable purpose as aforesaid, or otherwise disposes of or destroys such property or any part thereof, is guilty of a misdemeanour, and shall be liable to imprisonment for 7 years:
Provided that no prosecution for any offence included in this section shall be commenced —
(1) Any person who —
(a) being a director, manager, public officer or member of any body corporate or public company, with intent to defraud, destroys, alters, mutilates or falsifies any book, paper, writing or valuable security belonging to the body corporate or public company, or makes or concurs in the making of any false entry, or omits or concurs in
Page 116 2008 Revised Edition
omitting any material particular in any book of account or other document, or
is guilty of a misdemeanor, and shall be liable to imprisonment for 7 years.
(1) Any clerk, officer or servant, or any person employed or acting in the capacity of a clerk, officer or servant, who wilfully and with intent to defraud destroys, alters, mutilates, or falsifies any book, paper, writing, valuable security or account which belongs to or is in the possession of his employer, or which has been received by him for or on behalf of his employer, or who wilfully and
2008 Revised Edition Page 117
�
with intent to defraud makes, or concurs in making, any false entry in, or omits or alters, or concurs in omitting or altering any material particular from or in any such book or document or account, is guilty of a misdemeanour, and shall be liable to imprisonment for 7 years.
(2) It shall be sufficient in any information under this section to allege a general intent to defraud without naming any particular person intended to be defrauded.
Any representation made by words, writing or conduct of a matter of fact, either past or present, which representation is false in fact, and which the person making it knows to be false, or does not believe to be true, is a false pretence.
Any person who by any false pretence —
is guilty of a misdemeanour, and shall be liable to imprisonment for 5 years.
Any person who —
(a) in incurring any debt or liability obtains credit by any false pretence or by means of any other fraud; or
Page 118 2008 Revised Edition
is guilty of a misdemeanour, and shall be liable to imprisonment for 1 year.
Any person who for gain or reward undertakes to tell fortunes, or pretends from his skill or knowledge in any occult science to discover where or in what manner anything supposed to have been stolen or lost may be found, is guilty of a misdemeanour.
Any person who wilfully procures or attempts to procure for himself or any other person any registration, licence or certificate under any Act by any false pretence, is guilty of a misdemeanour.
305 repealed
2008 Revised Edition Page 119
�
shall be liable to the same punishment as if he had stolen, taken, embezzled or secreted the same.
(3) Every such person may be proceeded against on information and convicted, whether the principal offender has or has not been previously convicted, or is or is not amendable to justice.
Any person who, without lawful excuse, knowing the same to have been stolen or obtained in any way whatsoever under such circumstances that if the act had been committed in Tuvalu the person committing it would have been guilty of felony or misdemeanour, receives or has in his possession any property so stolen or obtained outside Tuvalu, is guilty of an offence of the like degree (whether felony or misdemeanour) and shall be liable to imprisonment for 7 years.
Page 120 2008 Revised Edition
of such thing reasonably suspected to have been stolen or unlawfully obtained and any person so charged who, upon it being proved to the satisfaction of the court —
(3) For the purposes of this section, the possession of a carrier, agent or servant shall be deemed to be the possession of the person who shall have employed such carrier, agent or servant to convey the same.
Whenever any person is being proceeded against for receiving any property knowing it to have been stolen, or for having in his possession stolen property, for the purpose of proving guilty knowledge there may be given in evidence at any stage of the proceedings —
2008 Revised Edition Page 121
�
Any person who wilfully and unlawfully sets fire to —
(d) a mine, or the workings, fittings or appliances of a mine, is guilty of a felony, and shall be liable to imprisonment for life.
Any person who —
is guilty of a felony, and shall be liable to imprisonment for 14 years.
Any person who wilfully and unlawfully sets fire to —
is guilty of a felony, and shall be liable to imprisonment for 14 years.
Any person who —
(a) attempts unlawfully to set fire to any such thing as is mentioned in the last preceding section; or
Page 122 2008 Revised Edition
(b) wilfully and unlawfully sets fire to anything which is so situated that any such thing as is mentioned in the last preceding section is likely to catch fire from it,
is guilty of a felony, and shall be liable to imprisonment for 7 years.
Any person who —
is guilty of a felony, and shall be liable to imprisonment for 14 years.
Any person who attempts unlawfully to cast away or destroy a vessel, whether completed or not, or attempts unlawfully to do any act tending to the immediate loss or destruction of a vessel in distress, is guilty of a felony, and shall be liable to imprisonment for 7 years.
Any person who wilfully and unlawfully kills, maims or wounds any animal or bird capable of being stolen, is guilty of a misdemeanour.
the offender is guilty of a felony, and shall be liable to imprisonment for life.
(3)
2008 Revised Edition Page 123
�
the offender is guilty of a felony, and shall be liable to imprisonment for life.
Page 124 2008 Revised Edition
implement or a machine or appliance used or intended to be used for performing any process connected with the preparation of any agricultural or pastoral produce, is destroyed; or
the offender is guilty of a felony and shall be liable to imprisonment for 7 years.
(7) If the property in question is a document which is deposited or kept in a public office, or which is evidence of title to any land or estate in land, the offender is guilty of a felony, and shall be liable to imprisonment for 7 years.
Any person who, unlawfully and with intent to destroy or damage any property, puts any explosive substance in any place whatsoever, is guilty of a felony, and shall be liable to imprisonment for14 years.
Any person who wilfully and unlawfully causes or is concerned in causing, or attempts to cause, any infectious disease to be communicated to or among any animal or animals capable of being stolen, is guilty of a felony and shall be liable to imprisonment for 7 years.
2008 Revised Edition Page 125
�
Any person who wilfully and unlawfully, and with intent to defraud, removes or defaces any object or mark which has been lawfully erected or made as an indication of the boundary of any land, is guilty of a felony, and shall be liable to imprisonment for 3 years.
Any person who —
is guilty of a misdemeanour, and may further be ordered by the court to pay the cost of repairing or replacing the survey mark or boundary mark and of making any survey rendered necessary by the offender’s act or neglect.
Any person who, knowing the contents thereof, sends, delivers, utters, or directly or indirectly causes to be received, any letter or writing threatening to burn or destroy any house, barn or other building, or any rick or stack of grain, hay or straw, or other agricultural produce, whether in or under any building or not, or any vessel, or to kill, maim or wound any cattle, is guilty of a felony, and shall be liable to imprisonment for 7 years.
(1) In this Part, unless the context otherwise requires —
“bank note” includes any note or bill of exchange of the Bank of England or of any other person, body corporate or company carrying on the business of banking, in any part of the world, and includes “bank bill, “bank post bill”,
Page 126 2008 Revised Edition
“blank bank note”, “blank bank bill of exchange” and “blank bank post bill”;
“coin” and “current coin” —
“currency note” includes any currency note issued by Her Majesty’s Treasury under any Act of the Imperial Parliament, and any currency note (by whatever name called) which is legal tender in the country in which it is issued;
“die” includes any plate, type, tool, or implement whatsoever, and also any art of any die, plate, type, tool, or implement, and any stamp or impression thereof or any part of such stamp or impression;
“revenue paper” means any paper provided by the proper authority for the purpose of being used for stamps, licences, permits, post office money orders, or postal orders, or for any purpose whatever connected with the public revenue;
“seal” includes any stamp or impression of a seal or any stamp or impression made or apparently intended to resemble the stamp or impression of a seal as well as the seal itself;
“stamp” includes a stamp impressed by means of a die as well as an adhesive stamp;
“treasury bill” includes Exchequer bill, Exchequer bond, Exchequer debenture, and War bond.
(2) References in this Part to any Government department shall, in relation to any functions performed by that department, be held to include references to any other Government department by which the same functions were previously performed.
2008 Revised Edition Page 127
�
An intent to defraud is presumed to exist if it appears that at the time when the false document was made there was in existence a specific person ascertained or unascertained capable of being defrauded thereby, and this presumption is not
Page 128 2008 Revised Edition
rebutted by proof that the offender took or intended to take measures to prevent such person from being defrauded in fact, nor by the fact that he had or thought he had a right to the thing to be obtained by the false document.
2008 Revised Edition Page 129
�
Page 130 2008 Revised Edition
Any person, being the clerk of any court or other officer having the custody of the records of any court, or being the deputy of any such clerk or officer, utters any false copy or certificate of any record knowing the same to be false, and any person who delivers, or causes to be delivered, to any person any paper falsely purporting to be any such process, or a copy thereof, or to be any judgment, decree or order of any court of law or equity, or a copy thereof, knowing the same to be false, or acts or professes to act under any such false process knowing the same to be false, is guilty of a felony, and shall be liable to imprisonment for 7 years.
Any person who knowingly and unlawfully inserts, or causes or permits to be inserted, in any register of births, baptisms, marriages, deaths or burials which now is or hereafter shall be by law authorised or required to be kept in Tuvalu, or in any certified copy thereof, any false entry of any matter relating to any birth, baptism, marriage, death or burial, or knowingly and unlawfully gives any false certificate relating to any birth, baptism, marriage, death or burial or certifies any writing to be a copy or extract from any such register, knowing such writing or the part of such register where of such copy or extract shall be so given, to be false in any material particular, or offers, utters, disposes of or puts off any such register, entry, certified copy, or certificate knowing the same to be false, or offers, utters, disposes of or puts off any copy of an entry in any such register, knowing such entry to be false, is guilty of a felony, and shall be liable to imprisonment for 14 years.
2008 Revised Edition Page 131
�
Any person who knowingly and wilfully inserts, or causes or permits to be inserted, in any copy of any register directed or required by law to be transmitted to any registrar or other officer any false entry of any matter relating to any baptism, marriage, or burial, or knowingly and wilfully signs or verifies any copy of any register so directed or required to be transmitted as aforesaid, which copy is false in any part thereof, knowing the same to be false, or for any fraudulent purpose takes from its place of deposit and conceals any such copy of any register, is guilty of a felony, and shall be liable to imprisonment for 7 years.
Page 132 2008 Revised Edition
Any stamp or die provided, made or used in pursuance of the Post Office Act.
Any person who knowingly utters, as and for a subsisting and effectual document, any document which has by any lawful authority been ordered to be revoked, cancelled or suspended, or the operation of which has ceased by effluxion of time, or by death, or by the happening of any other event, is guilty of an offence of the same kind, and is liable to the same punishment, as if he had forged the document.
Any person who, with intent to defraud, demands, receives or obtains, or causes or procures to be delivered, paid or transferred to any person, or endeavours to receive or obtain or to cause or procure to be delivered, paid or transferred to any person any money, security for money or other property, real or personal —
is guilty of a felony, and shall be liable to imprisonment for 14 years.
2008 Revised Edition Page 133
�
is guilty of a felony, and shall be liable to imprisonment for 14 years.
(3) Any person who, without lawful authority or excuse, the proof whereof lies on the accused, and knowing the same to be forged, has in his custody or possession any forged stamps or die, resembling or intended to resemble either wholly or in part any stamp or die which at any time whatever has been or may be provided made or used by or under the direction of the local authority for the purposes of the Post Office Act, is guilty of a felony, and shall be liable to imprisonment for 7 years.
Any person who, without lawful authority or excuse, the proof whereof lies on the accused —
Page 134 2008 Revised Edition
of any person to any share of interest in any public stock, annuity, fund or debt of any part of Her Majesty’s dominions or of any foreign state, or in any stock, annuity, fund or debt of any body corporate, company, or society, whether within or without Her Majesty’s dominions; or
is guilty of a felony, and shall be liable to imprisonment for 7 years.
Any person who, without lawful authority or excuse, the proof whereof lies on the accused, purchases, receives, or knowingly has in his custody or possession —
is guilty of a misdemeanour.
Any person who, being employed in the public service, knowingly and with intent to defraud makes out or delivers to any person a warrant for the payment of any money payable by public authority, for a greater or less amount than that to which the person on whose behalf the warrant is made out is entitled, is guilty of a felony, and shall be liable to imprisonment for 7 years.
Any person who, by means of any false and fraudulent representations as to the nature, contents or operation of a document, procures another to sign or execute the document, is guilty of an offence of the same kind, and shall be liable to the same punishment, as if he had forged the document.
2008 Revised Edition Page 135
�
Any person who —
(a) gilds or silvers, or with any wash or materials capable of producing the colour or appearance of gold or silver or by any means whatsoever, washes, cases over or colours —
Page 136 2008 Revised Edition
(iii) any piece of silver or copper or of coarse gold or coarse silver or of any metal or mixture of metals, being of a fit size and figure to be coined, with intent that it shall be coined into false and counterfeit coin resembling any current gold or silver coin; or
is guilty of a felony, and shall be liable to imprisonment for life.
is guilty of a misdemeanour.
2008 Revised Edition Page 137
�
having been previously convicted of any such misdemeanour or of any felony under this Part, is guilty of a felony, and shall be liable to imprisonment for life.
(6) Any person who, with intent to defraud, tenders, utters or puts off as or for any current gold or silver coin —
is guilty of a misdemeanour, and shall be liable to imprisonment for 1 year.
(7) The offence of tendering, uttering, or putting off a false or counterfeit coin is deemed to be complete although the coin is not in a fit state to be uttered or the counterfeiting thereof has nor been finished or perfected.
Page 138 2008 Revised Edition
received, paid or put off, is not in a fit state to be uttered, or the counterfeit thereof has not been finished or perfected.
(1) Any person who, without lawful authority or excuse, the proof whereof lies on the accused —
is guilty, in the case of importing or receiving, of a felony, and, in the case of exporting or putting on board, of a misdemeanour, and shall be liable to imprisonment for 14 years.
(2) Nothing in this section shall affect the provisions relating to the importation of coin and counterfeit coin contained in the Customs Act.
Any person who, without lawful authority or excuse, the proof whereof lies on the accused, makes, sells, offers for sale or has in his possession for sale, any medal, cast, coin, or other like made wholly or partially of metal or any mixture of metals, and either —
is guilty of a misdemeanour, and shall be liable to imprisonment for 1 year.
(1) Any person who, without lawful authority or excuse, the proof whereof lies on the accused, knowingly makes or mends or begins or proceeds to make or mend, or buys or sells or has in his possession, any puncheon, counter puncheon, matrix, stamp, die, pattern or mould in or upon which there is made or impressed, or which will make or impress, or which is adapted and intended to make or impress, the figure, stamp or apparent resemblance of both or either of the sides of any current gold or silver coin, or any part of
2008 Revised Edition Page 139
�
both or either of those sides, is guilty of a felony and shall be liable to imprisonment for life.
(2) Any person who, without lawful authority or excuse the proof whereof lies on the accused makes, or mends, or begins or proceeds to make or mend, or buys or sells, or has in his possession —
is guilty of a felony, and shall be liable to imprisonment for life.
(3) Any person who, without lawful authority or excuse, the proof whereof lies on the accused, knowingly makes or mends, or begins or proceeds to make or mend, or buys or sells, or has in his possession, any instrument, tool or engine adapted and intended for the counterfeiting of any current copper coin, is guilty of a felony, and shall be liable to imprisonment for 7 years.
Page 140 2008 Revised Edition
Where a person is charged with an offence against this Part the fact that a coin produced in evidence against him is false or counterfeit may be proved by the evidence of any credible witness.
Provided that no proceeding shall be instituted under this section without the consent of the Attorney-General.
Any person who melts down, or breaks up or uses otherwise than as currency any silver coin current for the time being in Tuvalu, is guilty of a misdemeanour, and shall be liable to imprisonment for 6 months.
Any person who, without lawful authority or excuse, the proof whereof lies on the accused, mutilates or in any way defaces a currency note, whether by writing, printing, drawing of stamping thereon, or by attaching or affixing thereto anything in the nature or form of an advertisement, is guilty of a misdemeanour, and shall be liable to a fine of $40.
2008 Revised Edition Page 141
�
part thereof, is guilty of a misdemeanour, and shall be liable to a fine of $10 in respect of each such document.
Where any forged bank note, currency, note or any counterfeit coin or any machinery, implement, utensil or material used or intended to be used for the forging of a bank note or currency note or for counterfeiting coin, is seized under a search warrant or by any police officer, the bank note, currency note, counterfeit coin, machinery, implement, utensil or material, as the case may be, shall be delivered up to the Minister, or to any person authorised by him for the purpose, by order of the court before which the offender is tried or if there is no trial by order of the court issuing the search warrant or by the police officer seizing such note, coin, machinery, implement, utensil or material, and upon delivery to the Minister or to any person authorised by him, such note, coin, machinery, implement, utensil or material shall be deemed forfeit.
Any person who, without lawful authority or excuse, the proof of which lies on him, makes, in the name of any other person, before any court or person lawfully authorised to take such an acknowledgement, an acknowledgement or liability of any kind, or an acknowledgement of a deed or other instrument, is guilty of a felony, and shall be liable to imprisonment for 7 years.
Page 142 2008 Revised Edition
Any person who utters any document which has been issued by lawful authority to another person, and whereby that other person is certified to be a person possessed of any qualification recognised by law for any purpose, or to be the holder of any office, or to be entitled to exercise any profession, trade, or business, or to be entitled to any right or privilege, or to enjoy any rank or status, and falsely represents himself to be the person named in the document, is guilty of an offence of the same kind and shall be liable to the same punishment as if he had forged the document.
Any person who, being a person to whom any document has been issued by lawful authority whereby he is certified to be a person possessed of any qualification recognised by law for any purpose to be the holder of any office or to be entitled to exercise any profession, trade or business, or to be entitled to any right or privilege, or to enjoy any rank or status, sells, gives or lends the document to another person with intent that that other may represent himself to be the person named therein, is guilty of a misdemeanour.
Any person who, for the purpose of obtaining any employment, utters any document of the nature of a testimonial of character given to another person, is guilty of a misdemeanour, and shall be liable to imprisonment for 1 year.
Any person who, being a person to whom any such document as is mentioned in the last preceding section has been given, gives, sells or lends such document to another person with the intent that that other person may utter such document for the purpose of obtaining any employment, is guilty of a misdemeanour
(1) For the purpose of this Part, the expression “consideration” includes valuable consideration of any kind; the expression “agent” includes any person
2008 Revised Edition Page 143
�
employed by or acting for another; and the expression “principal” includes an employer.
(2) A person serving under the Crown or under any Kaupule or other public body and a member of any such council or other public body, is an agent within the meaning of this Part.
If —
he is guilty of a misdemeanour, and shall be liable to imprisonment for 2 years or to a fine of $600.
Any person committing an offence under this Part where the matter or transaction in relation to which the offence was committed was a contract or a proposal for a contract with the Government or any Government department or Kaupule or other public body, or a sub-contract to execute any work comprised in such contract, shall be liable to imprisonment for 7 years or to a fine of $10,000.26
Where in any proceedings against a person for an offence under this Part it is proved that any money, gift or other consideration has been paid or given to or received by
Page 144 2008 Revised Edition
a person in the employment of the Crown or any Government department or Kaupule or other public body, by or from a person or agent of a person holding or seeking to obtain a contract from the Crown or any Government department or Kaupule or other public body, the money, gift or consideration shall be deemed to have been paid or given and received corruptly as such inducement or reward as is mentioned in this Part, unless the contrary is proved.
A prosecution for an offence under this Part shall not be instituted without the sanction of the Attorney-General.
Any person who attempts to commit a felony or misdemeanour is guilty of an offence, which, unless otherwise stated, is a misdemeanour.
Any person who attempts to commit a felony of such a kind that a person convicted of it is liable to the punishment of imprisonment for a term of 14 years or upwards, with or without other punishment, is guilty of a felony, and shall be liable, if no other punishment is provided, to imprisonment for 7 years.
2008 Revised Edition Page 145
�
Any person who solicits or incites or attempts to procure another to do any act, or make any omission, whether in Tuvalu or elsewhere, of such a nature that, if the act were done or the omission were made, an offence would thereby be committed, under the laws of Tuvalu or the laws in force in the place where the act or omission is proposed to be done or made, whether by himself or by that other person, is guilty of an offence of the same kind and shall be liable to the same punishment as if he had himself attempted to do the same act or make the same omission in Tuvalu:
Provided that if the act or omission is proposed to be done or made at a place not in Tuvalu, the punishment shall not exceed that which he would have incurred under the laws in force where the act or omission was proposed to be done or made, if he had himself attempted to do the proposed act or make the proposed omission:
Provided also that, in the last-mentioned case, a prosecution shall not be instituted except at the request of the Government of the State having jurisdiction in the place where the act or omission was proposed to be done or made.
Every person who, knowing that a person designs to commit or is committing a felony, fails to use all reasonable means to prevent the commission or completion thereof, is guilty of a misdemeanour.
Any person who conspires with another to commit any felony, or to do any act in any part of the world, which if done in Tuvalu would be a felony, and which is an offence under the laws in force in the place where it is proposed to be done, is guilty of a felony and shall be liable, if no other punishment is provided, to imprisonment for 7 years, or, if the punishment to which a person convicted of the felony in question is liable is less than imprisonment for 7 years, then to such lesser punishment.
Any person who in Tuvalu conspires with another to commit a misdemeanour, or to do any act in any part of the world which if done in Tuvalu would be a misdemeanour, and which is an offence under the laws in force in the place where it is proposed to be done, is guilty of a misdemeanour.
Page 146 2008 Revised Edition
Any person who conspires with another to effect any of the purposes following, that is to say —
is guilty of a misdemeanour.
Any person who becomes an accessory after the fact to a felony is guilty of a felony, and shall be liable, if no other punishment is provided, to imprisonment for 3 years.
2008 Revised Edition Page 147
�
1 Cap. 8 1990 Revised Edition
Amended by Act 10 of 1985
Amended by Act 8 of 1987
Amended by Act 4 of 2009, commencement 6 July 2009 2 Cap. 1.08 3 Cap. 10.05 4 Amended by Act 8 of 1987 5 Inserted by Act 10 of 1985 6 Cap. 20.28 7 Amended by Act 4 of 2009 8 Repealed by Act 4 of 2009 9 Amended by Act 8 of 1987 10 Cap. 7.48 11 Amended by Act 4 of 2009 12 Amended by Act 4 of 2009 13 Cap. 54.05 14 Amended by Act 4 of 2009 15 Amended by Act 4 of 2009 16 Amended by Act 4 of 2009 17 Amended by Act 4 of 2009 18 Amended by Act 4 of 2009 19 Cap. 46.15 20 Amended by Act 4 of 2009 21 Cap. 4.08 22 Amended by Act 4 of 2009 23 Amended by Act 4 of 2009 24 Cap. 32.02 25 Cap. 26.16 26 Amended by Act 4 of 2009
Page 148 2008 Revised Edition