The Kiribati Independence Order 1979

Citation and commencement

1.—(1) This Order may be cited as the Kiribati Independence Order 1979.

(2) This Order shall be published by exhibition at the Maneaba in Maungatabu and shall come into operation on 12th July 1979 (in this Order referred to as “Independence Day”):

Provided that section 4(2) of this Order shall come into operation forthwith.

Interpretation

2.—(1) In this Order—

“the Constitution” means the Constitution set out in the Schedule to this Order;

“the existing Constitution” means the Constitution set out in Schedule 2 to the Gilbert Islands Order 1975(1) as amended by the Gilbert Islands (Amendment) Order 1976(2), the Gilbert Islands (Amendment) (No. 2) Order 1977(3) and the Gilbert Islands (Amendment) (No. 2) Order 1977(4);

“the House of Assembly” means the House of Assembly established by the existing Constitution;

“the existing Orders” means the Orders revoked by section 3(1) of this Order.

(2) The provisions of sections 132, 133, 134(2) and 138 of the Constitution shall apply for the purposes of interpreting sections 1 to 13 of this Order and otherwise in relation thereto as they apply for the purposes of interpreting and in relation to the Constitution.

Revocations

3.—(1) The Gilbert and Ellice Islands Order in Council 1915(5), the Gilbert Islands Order 1975, the Gilbert Islands (Amendment) Order 1976, the Gilbert Islands (Amendment) Order 1977 and the Gilbert Islands (Amendment) (No. 2) Order 1977 are revoked.

(2) The Emergency Powers Order in Council 1939(6) and any Order in Council amending that Order shall cease to have effect as part of the law of Kiribati on Independence Day.

Establishment of Constitution

4.—(1) Subject to the provisions of this Order, the Constitution shall come into effect in Kiribati on Independence Day.

(2) The Governor (as defined for the purposes of the existing Constitution) may at any time after this subsection comes into operation exercise any of the powers conferred upon the Beretitenti by section 5 of this Order or by the Constitution to such extent as may in his opinion be necessary or expedient to enable the Constitution to function as from Independence Day.

Existing laws

5.—(1) Subject to the provisions of this section, the existing laws shall, notwithstanding the revocation of the existing Orders or the establishment of a Republic in Kiribati, continue in force on and after Independence Day as if they had been made in pursuance of this Order.

(2) The existing laws and any Act of the Parliament of the United Kingdom or Order of Her Majesty in Council (other than Kiribati Act 1979 or this Order) having effect as part of the law of Kiribati or any part thereof immediately before Independence Day shall be construed with such modifications, adaptations, qualifications and exceptions as may be necessary to bring them into conformity with this Order.

(3) The Beretitenti may by order made at any time before 12th July 1980 make such amendments to—

(a) the existing laws; or

(b) any Act of the Parliament of the United Kingdom or Order of Her Majesty in Council (other than the Kiribati Act 1979 or this Order) having effect as part of the law of Kiribati or any part thereof immediately before Independence Day,

as may appear to him to be necessary or expedient for bringing those laws or that Act of Parliament or Order into conformity with the provisions of this Order or otherwise for giving effect or enabling effect to be given to those provisions.

(4) Where any matter that falls to be prescribed or otherwise provided for under the Constitution by the Maneaba ni Maungatabu or by any other authority or person is prescribed or provided for by or under an existing law (including any amendment to any such law made under this section) or is otherwise prescribed or provided for immediately before Independence Day by or under the existing Orders, that prescription or provision shall, as from Independence Day, have effect (with such modifications, adaptations, qualifications and exceptions as may be necessary to bring it into conformity with the Kiribati Act 1979 and this Order) as if it had been made under the Constitution by the Maneaba or, as the case may be, by the other authority or person.

(5) The provisions of this section shall be without prejudice to any powers conferred by this Order or any other law upon any person or authority to make provision for any matter, including the amendment or repeal of any existing law.

(6) For the purposes of this section, the expression “the existing laws” means all Ordinances, rules, regulations, orders or other instruments having effect as part of the law of Kiribati or any part thereof immediately before Independence Day (including any such law made before that day and coming into operation on or after that day) which were made or had effect as if they were made in pursuance of the existing Orders.

Existing offices

6.—(1) Where any office (other than that of Minister but including that of Chief Justice) has been established by or under the existing Orders and the Constitution establishes a similar or an equivalent office, any person who immediately before Independence Day holds or is acting in the former office shall, as far as is consistent with the provisions of the Constitution, be deemed to have been appointed or elected as from that day to hold or to act in the latter office in accordance with the provisions of the Constitution and to have taken any necessary oath under the Constitution:

Provided that any person who, under the existing Orders or under any existing law, would have been required to vacate his office at the expiration of any period or on the attainment of any age shall, unless earlier removed in accordance with the Constitution, vacate his office at the expiration of that period or upon the attainment of that age.

(2) Where any office of Minister (other than the office of Chief Minister) is established under the existing Orders immediately before Independence Day, an equivalent office shall be deemed to have been established as from that day under the Constitution, and any person holding that office immediately before that day shall be deemed to have been appointed, immediately after the assumption of office by the first Beretitenti of the Republic of Kiribati, to hold the equivalent office in accordance with the provisions of the Constitution.

(3) In this section “existing law” means such a law as is referred to in section 5(6) of this Order.

Maneaba ni Maungatabu

7.—(1) The persons who, immediately before Independence Day, are members of the House of Assembly shall on that day become members of the Maneaba ni Maungatabu and shall be deemed to have taken any necessary oath under the Constitution and shall hold their seats in the Maneaba in accordance with the provisions of the Constitution.

(2) The person who immediately before Independence Day is the Speaker of the House of Assembly shall as from that day be the Speaker of the Maneaba ni Maungatabu as if he had been elected as such in pursuance of the Constitution and shall hold his office in accordance with the provisions of the Constitution.

(3) The rules and orders of the House of Assembly as in force immediately before Independence Day shall, until it is otherwise provided in pursuance of section 67 of the Constitution, be the rules of procedure of the Maneaba ni Maungatabu but shall be construed with such modifications, adaptations, qualifications and exceptions as may be necessary to bring them into conformity with the Constitution.

(4) Notwithstanding anything in section 78 of the Constitution, the Maneaba ni Maungatabu shall, unless sooner dissolved, stand dissolved on 24th February 1982.

Prerogatives and privileges of the Crown

8.  Where under any law in force in Kiribati immediately before Independence Day any prerogatives or privileges are vested in Her Majesty those prerogatives or privileges shall, as from that day, subject to the provisions of the Constitution, vest in the Republic.

Property and assets

9.—(1) Subject to the provisions of this section, any property and assets which immediately before Independence Day are vested in Her Majesty or in the Governor of the Gilbert Islands, for the purposes of the Government of the Gilbert Islands, shall, as from that day, vest in the Republic.

(2) Any property which, immediately before Independence Day, is liable to escheat or to be forfeited to Her Majesty for the purposes of the Government of the Gilbert Islands, shall, as from that day, be liable to escheat or to be forfeited to the Republic.

(3) Where, immediately before Independence Day, any person holds any property or assets in trust for Her Majesty or for the Governor of the Gilbert Islands for the purposes of the Government of the Gilbert Islands, that person shall, as from that day, hold such property or assets on the like trust for the Republic.

Rights, liabilities and obligations

10.—(1) All rights, liabilities and obligations of—

(a) Her Majesty in respect of the Government of the Gilbert Islands; and

(b) the Governor of the Gilbert Islands or the holder of any other office under the Crown in respect of the Government of the Gilbert Islands on behalf of that Government,

shall, as from Independence Day, be rights, liabilities and obligations of the Republic and, subject to the provisions of any law, shall be enforceable by or against the Republic accordingly.

(2) In this section, rights, liabilities and obligations include rights, liabilities and obligations arising from contract or otherwise (other than any rights referred to in the preceding section and any rights, liabilities or obligations of Her Majesty arising under any treaty, convention or agreement with another country or with any international organisation).

Legal proceedings

11.—(1) All proceedings that, immediately before Independence Day, are pending before any court established by or under the existing Constitution may be continued and concluded on and after that day before the corresponding court established by or under the Constitution.

(2) Any decision given before Independence Day by any such court as aforesaid shall for the purpose of its enforcement or for the purposes of any appeal therefrom have effect on and after that day as if it were a decision of the corresponding court established by or under the Constitution.

(3) Notwithstanding subsection (1) of this section, any appeals from the Gilbert Islands pending before the Fiji Court of Appeal the hearing of which by that Court has commenced before Independence Day shall be continued and concluded on and after that day before that Court; and any decision given by that Court shall for the purpose of its enforcement have effect as if it were a decision of the Court of Appeal.

Jurisdiction, etc., of courts

12.  Subject to the provisions of the Constitution and of any other law for the time being in force in Kiribati, the jurisdiction of the courts of Kiribati shall, on and after Independence Day, be exercised in accordance with the law which governed the exercise of that jurisdiction immediately before that day.

Alteration of this Order

13.—(1) The Maneaba ni Maungatabu may alter any of the provisions of this Order in the same manner as it may alter any of the provisions of the Constitution.

(2) Section 69(4) of the Constitution shall apply for the purposes of construing references in this section to any provision of this Order and to the alteration of any such provision as it applies for the purpose of construing references in the said section 69 to any provision of the Constitution and to the alteration of any such provision.

N. E. Leigh

Clerk of the Privy Council