Constitutional Planning Committee

1

CONSTITUTIONAL PLANNING COMMITTEE

The Hon. M.T. Somare,

Chief Minister,

Konedobu.

Dear Chief Minister,

I have pleasure in submitting to you the duly adopted Final Report of the Constitutional Planning Committee.

The Committee has resolved that the Report should be submitted to you as the Papua New Guinean head of the present government. It should not, we believe, be submitted to the High Commissioner as the constitutional head of our country.

We consider transmitting the Committee's Report in this way to be appropriate and in line with our recommendations 1-3 in Chapter 15 - Miscellaneous.

Recommendation 1, Chapter 15 proposes that the ultimate authority for the validity of our Constitution shall be the citizens of Papua New Guinea acting through their elected representatives. Recommendations 2 and 3, Chapter 15 provide details of the procedures which both the Australian Parliament and the Papua New Guinea House of Assembly would follow in bringing into being our nation - the sovereign independent State of Papua New Guinea and its Constitution.

As the High Commissioner is appointed under an Australian Act, the ultimate authority for the validity of our Constitution could be questioned if our Report was transmitted to him. It is precisely for this reason that we are submitting the Report to you.

The Committee feels that the High Commissioner should be informed of the contents of this letter under which we transmit to you our Final Report.

Yours sincerely

(Fr. John L. Momis)

Deputy Chairman,

Constitutional Planning Committee.August 13, 1974

iMEMBERS OF THE CONSTITUTIONAL PLANNING COMMITTEE

Mr Michael Somare, MHAChief Minister, East Sepik Regional, Pangu Pati

(Chairman ex officio)

Fr John Momis, MHAChairman of Committees, Bougainville Regional,

(Deputy Chairman)Pangu Pati

Mr Tei Abal, MHALeader of the Opposition, Wabag Open, United Party

(until September 1973)

Mr Paulus Arek, MHAMinister for Information, Ijivitari Open, People's

Progress Party (deceased November 1973)

Mr Angmai Bilas, MHAMadang Open, United Party

Mr Mackenzie Daugi, MHANorthern Regional, United Party

Mr Sinake Giregire, MHADaulo Open, United Party

Dr John Guise, MHADeputy Chief Minister, Alotau Open, Independent

Mr Toni Ila, MHALae Open, Pangu Pati

Mr John Kaputin, MHAMinister for Justice, Rabaul Open, Mataungan Association

Mr Pikah Kasau, MHAManus Regional, Pangu Pati

Mr John Kaupa, MHAChuave Open, National Party

Mr Paul Langro, MHADeputy Leader of the Opposition, West Sepik Regional,

United Party

Mr Anton Parao, MHAWestern Highlands Regional, United Party

(from September 1973)

Mr Stanis Toliman, MHABogia Open, People's Progress Party

Mr Matiabe Yuwi, MHATari-Komo Open, United Party

iiStaff

Executive OfficerMr Seaea Avosa

Department of the Chief Minister &

Development Administration

Legal OfficerMr John Ley

Counsel to the House of Assembly

Permanent ConsultantsProfessor Jim Davidson (deceased April 1973)

Department of Pacific History, Australian

National University

Mr Bernard Narokobi

Legal Officer, Public Solicitor's Office

Dr David Stone

Research Fellow in Politics, New Guinea

Research Unit, Australian National University

Mr Edward Wolfers

Lecturer in Politics, Macquarie University

Assistant to the Executive OfficerMrs Jennifer Haynes(July 1973 – February 1974)

SecretariesMiss Gail Bullock(March 1974 – June 1974)

Mrs Vivienne Curran(April 1973 - March 1974)

Miss Klara Diggelmann(April – December 1973)

Miss Mary Duggan(from April 1974)

Mrs Felicia Zahara(December 1973 –

March 1974)

Mrs Veronica Beaton(from May 1974)

Visiting Specialist Consultants

Mr Roland BrownFellow, International Legal Centre, United

Nations, New York (May 1973)

Mr Justice U. CrossJustice of the High Court, Tanzania (May 1973)

Mr Justice Telford GeorgesJustice of the High Court and Deputy Chairman of the

Constitutional Commission, Trinidad and Tobago

(May 1973)

Professor Yash GhaiResearch Fellow, Uppsala University, Sweden;

formerly Director of Legal Research, International

Legal Centre, United Nations, New York (March –

April, October 1973 and March 1974)

Mr Nigel OramFellow, University of Papua New

Guinea (January - March 1973)

Professor William TordoffDepartment of Government, University of

Manchester, England (March 1974)

Professor Ronald WattsDean of the Faculty of Arts and Sciences and

Professor of Political Studies, Queen's University,

Kingston, Ontario, Canada (March 1974)

iiiTERMS OF REFERENCE

(as announced by the Chief Minister in the House of Assembly on 23 June, 1972)

"To make recommendations for a Constitution for full internal self-government in a united Papua New Guinea with a view to eventual independence. Without limiting the power of the Committee to make any investigation or recommendation which it deems relevant to this objective, matters to be considered by the Committee for possible incorporation into the Constitution or related documents should include the following:

(a)the system of government; executive; legislature and judiciary;

(b)central - regional - local government relations and district administration;

(c)relations with Australia;

(d)defence and external affairs - transitional provisions;

(e)the machinery of government - control, organisation and structure of the Public Service;

(f)a Director of Public Prosecutions and the Public Solicitor;

(g)an ombudsman and tribunals of administrative review;

(h)protection of minority rights;

(i)a Bill of Rights;

(j)emergency powers;

(k)citizenship;

(l)procedure for amendment of the constitution; and

(m)judicial review - the power of a court to decide whether or not any action by the

Government or law passed by Parliament is in accordance with the constitution.

In addition the Committee should be asked to consider the mechanism for implementing constitutional convention, and to make recommendations."

ivJOINT COMMUNIQUE ON AGREEMENT FOR TWO STAGE SELF-GOVERNMENT

(issued by the Minister for External Territories, Mr. W.L. Morrison on behalf of the Australian Government, and the Chief Minister, Mr. M.T. Somare, on behalf of the Papua New Guinea government in Port Moresby on the 22nd May, 1973)

Papua New Guinea will achieve self-government in two stages, which will be completed by the adoption of its home-grown Constitution in the House of Assembly and the passing of enabling legislation in the Australian Parliament.

This was announced in a communique following talks at the weekend between the Minister for External Territories, Mr. W.L. Morrison, the Chief Minister of Papua New Guinea, Mr. Michael Somare, the Deputy Chief Minister, Dr. John Guise, ad the Deputy Chairman of the Constitutional Planning Committee, Father John Momis. The meeting, held at the request of the Constitutional Planning Committee and arranged by the Chief Minister, was attended also by the Administrator, Mr. L.W. Johnson, as well as by four other Committee members, Mr. Mackenzie Daugi (MHA, Northern), Mr. John Kaupa (MHA, Chuave), Mr. John Kaputin (MHA, Rabaul) and Mr. Stanis Toliman (MHA, Bogia).

The talks were marked by a frank exchange of views which led to a fuller mutual understanding of the Australian and Papua New Guinean positions. The success of the talks indicated the desirability of holding similar meetings from time to time.

The following time-table for the implementation of self-government was agreed upon:

December 1973:Formal self-government will be introduced by means of amendments to the Papua New Guinea Act passed by the Australian Parliament. The Act will then reflect in law the present situation of virtual self-government.

February 1974:The final report and draft Constitution recommended by the Constitutional Planning Committee will be tabled in the Papua New Guinea House of Assembly. The Constitution will provide for all major aspects of the system of government and will include provisions for the transition to independence.

April 1974:The House of Assembly will meet in special session to consider and adopt the Constitution. Following the adoption by the House of Assembly of the Constitution it would be reserved for the assent of the Governor-General.

May 1974:The Australian Parliament will consider further amendments to the Papua New Guinea Act to remove from that Act those parts which provide for the internal Constitution of Papua New Guinea and which have been included in the Papua New Guinea Constitution as adopted by the House of Assembly.

Following the passing of the amendments to the Papua New Guinea Act, the Governor-General will be requested to assent to these amendments and to the Papua New Guinea Constitution.

It was agreed that this time-table would be put to the Australian Government for approval and submitted to the House of Assembly for ratification at its June meeting.

VTABLE OF CONTENTS

Letter of Transmittal...... i

Committee Members...... ii

Staff...... iii

Terms of Reference...... iv

Joint Communique...... v

Chapter

1INTRODUCTIONParagraphsPages

Establishment of the Committee11/1

Course of Committee's work2-31/1

Consultative process4-81/1-1/2

Implications of "home-grown" Constitution9-231/2-1/4

Conclusion24-261/4-1/5

2NATIONAL GOALS AND DIRECTIVE PRINCIPLES – Narrative

The significance of Self Government and Independence1-62/1

What kind of society do we want?

The relevance of the Eight Improvement Aims7-122/1-2/2

NATIONAL GOALS13

GOALS AND DIRECTIVE PRINCIPLES14-1202/3-2/15

1INTEGRAL HUMAN DEVELOPMENT –

LIBERATION AND FULFILMENT14-322/3-2/5

Education25-282/4

International solidarity29-322/4-2/5

2EQUALITY AND PARTICIPATION33-622/5-2/8

Political and administrative decentralisation42-442/6

Equality of opportunity and equitable sharing of benefits45-582/6-2/8

Equal status and opportunity for women592/8

Broad representation in official bodies602/8

National languages61-622/8

3NATIONAL SOVEREIGNTY AND SELF-RELIANCE63-892/11

Impact of Multinational Corporations on development78-892/10-2/11

4NATURAL RESOURCES AND THE ENVIRONMENT90-962/11-2/12

5PAPUA NEW GUINEAN WAYS97-1202/12-2/15

IMPLEMENTATION OF THE GOALS AND PRINCIPLES121-1292/15-2/16

Investment Code130-1532/16-2/

NATIONAL GOALS AND DIRECTIVE PRINCIPLES – Recommendations

NATIONAL GOALS AND DIRECTIVE PRINCIPLES1-22/20-2/25

IMPLEMENTATION OF THE GOALS AND PRINCIPLES2-32/25

The goals and principles as a guide in judicial interpretation32/25

Investment Code42/25

3THE LEADER CODE – Narrative

Quality of Leadership1-123/1-3/2

The Leadership Code - underlying considerations13-303/2-3/4

Superannuation Scheme for certain leaders31-343/4

Supervision and enforcement of the Code35-383/4-3/5

"THE LEADERSHIP CODE"39-863/5-3/11

Annual Declaration39-403/5

Bribery and misapplication of funds41-443/5

Interests in government contracts45-473/5-3/6

Shares in foreign companies or partnerships with

foreign citizens48-523/6-3/7

Leaders not to accept loans, etc. from foreign controlled

companies or firms53-543/7

Outside benefits not to be accepted55-563/7

Official Information57-583/7

Certain assets to be disposed of59-603/7-3/8

Disclosure of interest before debate or discussion61-633/8

Effect of breach of the Code643/8

Reimbursement of accountancy fees relating to declarations653/8

ADDITIONAL LIMITATIONS UPON MINISTERS66-753/8-3/9

Ministers not to hold directorships70-743/9

Behaviour of Ministers753/9

ADDITIONAL LIMITATIONS UPON CONSTITUTIONAL

OFFICE-HOLDERS AND SPECIFIED OFFICE-HOLDERS76-863/9-3/11

Restrictions on remuneration, gain or profit80-813/10

Limitation on acceptance of directorship or

consultancy of a foreign company82-833/10-3/11

Special provision in respect of non-citizens84-853/11

Code not to affect provisions of Criminal Code and other laws863/11

ENFORCEMENT OF THE CODE87-993/11-3/12

Powers of the Ombudsman Commission in relation to

enforcement of the Code87-933/11-3/12

Tribunals to hear charges of breach of the Code94-973/12

The right of citizens to make complaints of breaches

of the Code98-993/12

THE LEADERSHIP CODE – Recommendations

Superannuation Scheme for Leaders13/13

Definition of "Leader"23/13-3/14

Leadership Code33/14

"THE LEADERSHIP CODE" (sub paras.) 1-223/14-3/18

ADDITIONAL LIMITATIONS UPON MINISTERS "15-173/17

ADDITIONAL LIMITATIONS UPON SPECIFIED OFFICE-

HOLDERS AND CONSTITUTIONAL OFFICE-HOLDERS

(sub paras.)18-223/17-3/18

ENFORCEMENT OF THE CODE4-73/18-3/20

Ombudsman Commission to make rules, publish guidelines

and specify office-holders as leaders etc.43/18-3/19

Power of the Ombudsman Commission to give

directions to leaders53/19

Tribunals to hear charges of breach of the Leadership Code63/19

The right of all citizens to make complaints of breaches

of the Code73/19-3/20

DEFINITIONS3/20-3/21

4CITIZENSHIP – Narrative

Some underlying considerations1-154/1-4/2

Single citizenship16-184/2-4/3

Acquisition of citizenship194/3

Automatic citizenship20-244/3

Citizenship by registration25-294/3-4/4

Naturalization30-314/4

People born in Papua New Guinea who have no real foreign

citizenship but do not become citizens automatically or

by registration32-354/4-4/5

Foreign citizens36-394/5

Foreign citizens with two indigenous grandparents40-474/6-4/7

Irianese484/7

Foreign spouses of citizens494/7

Foreign residents of more than twenty years standing504/7

Conditions for naturalization51-584/7-4/8

Applications must be processed59-604/8

Administration of citizenship provisions61-624/9

Advisory Committee on Citizenship Matters63-644/9

Loss of Papua New Guinean citizenship65-704/9-4/10

Regaining Papua New Guinean citizenship71-724/10

TRANSITIONAL PROVISIONS73-834/10-4/12

Political office-holders81-834/11-4/12

Conclusion84-974/12-4/13

CITIZENSHIP – Recommendations

SINGLE CITIZENSHIP : PRINCIPLE14/14

AUTOMATIC CITIZENSHIP2-34/14-4/15

Persons born in Papua New Guinea before Citizenship Day24/14

Persons born in Papua New Guinea after Citizenship Day34/14-4/15

CITIZENSHIP BY REGISTRATION4-64/15

Persons born outside Papua New Guinea before C-Day44/15

Persons born outside Papua New Guinea after C-Day54/15

Registration of certain children of citizens, born before C-Day64/15

CITIZENSHIP BY NATURALIZATION7-184/16-4/21

Persons born in Papua New Guinea before C-Day who are

Not Papua New Guinean citizens automatically,

but have "no real citizenship"84/16

Required periods of residence94/16-4/18

Conditions for naturalization104/18

Naturalization of children of foreign citizens114/18-4/19

Advice as to result of applications for naturalization124/19

Administration of Citizenship Law - Advisory Committee

on Citizenship Matters134/19

Composition of Committee144/19

Appointment and removal of members of Advisory Committee154/19

Loss of Papua New Guinean citizenship17-184/20-4/21

TRANSITIONAL PROVISIONS19-224/21-4/22

Membership of Advisory Committee on Citizenship Matters194/21

Protection in employment for certain foreign citizens204/21-4/22

Political office-holders214/22

Persons who at C-Day hold political office224/22

5HUMAN RIGHTS AND OBLIGATIONS AND EMERGENCY POWERS

PART I - HUMAN RIGHTS AND OBLIGATIONS – Narrative

ADECLARATION OF FUNDAMENTAL RIGHTS

AND FREEDOMS1-915/1/1-5/1/15

"Human rights" - the historical background1-55/1/1

International recognition of human rights6-85/1/1-5/1/2

Effect of the Universal Declaration of Human Rights9-125/1/2

Enforceable Human Rights provisions in the

constitutions of nations13-165/1/2-5/1/3

Human Rights in Papua New Guinea17-195/1/3

The Human Rights Ordinance 197120-225/1/3-5/1/4

Incorporation of human rights and freedoms

in the Constitution23-255/1/4-5/1/5

The rights and freedoms for inclusion in the

Constitution265/1/5-5/1/6

Exceptions: "Reasonably justifiable in a

democratic society"27-305/1/6

The form in which the rights and freedoms

are expressed31-365/1/7

THE CONSTITUTIONAL DECLARATION OF

FUNDAMENTAL RIGHTS AND FREEDOMS37-915/1/8-5/1/15

1THE RIGHT TO LIFE385/1/9

2PROTECTION OF PERSONAL LIBERTY39-425/1/9

3PROTECTION FROM FORCED LABOUR435/1/9

4PROTECTION FROM INHUMAN

TREATMENT445/1/9

5PROTECTION FROM ARBITRARY

SEARCH OR ENTRY45-475/1/10

6PROTECTION OF LAW48-515/1/10

7FREEDOM OF CONSCIENCE, THOUGHT

AND RELIGION52-555/1/10-5/1/11

8FREEDOM OF EXPRESSION56-605/1/11

9FREEDOM OF ASSEMBLY AND

ASSOCIATION61-645/1/11-5/1/12

10FREEDOM OF EMPLOYMENT65-665/1/12

11FREEDOM OF MOVEMENT67-725/1/12-5/1/13

12THE RIGHT TO PRIVACY73-745/1/13

13THE RIGHT TO STAND FOR ELECTION

TO PUBLIC OFFICE AND TO VOTE75-775/1/13

14FREEDOM OF INFORMATION78-845/1/13-5/1/14

15PROTECTION FROM DEPRIVATION

OF PROPERTY85-915/1/14-5/1/15

BDECLARATION OF FUNDAMENTAL

OBLIGATIONS92-1145/1/15-5/1/18

1Constitutional Obligations96-975/1/16

2Political Obligations98-1015/1/16

3Social Obligations102-1085/1/16-5/1/17

4Economic Obligations109-1145/1/17-5/1/18

CGENERAL115-1235/1/18-5/1/20

Enforcement of rights and freedoms115-1175/1/18-5/1/19

Suspension of or derogation from human

rights in the interests of defence, public safety,

public order, public health or public welfare118-1195/1/19-5/1/20

Action under valid law invalid if excessive

or oppressive1205/1/20

Permanent Committee to review laws and

policies for compliance with the Human

Rights and Obligations and National Goals

And Directive Principles set out in the

Constitution1215/1/20

Transitional Provisions1225/1/20

Immediate implementation of Human

Rights Provisions1235/1/20

PART I - HUMAN RIGHT AND OBLIGATIONS – Recommendations

ADECLARATION OF FUNDAMENTAL RIGHTS

AND FREEDOMS1-155/1/21-5/1/31

Protection of right to life15/1/21

Protection of personal liberty25/1/21-5/1/22

Protection from forced labour35/1/22-5/1/23

Protection from inhuman treatment45/1/23

Protection against arbitrary search or entry55/1/23

Provision to secure protection of law65/1/23-5/1/26

Protection of Freedom of conscience, thought

and religion75/1/26

Protection of freedom of expression85/1/26-5/1/27

Protection of freedom of assembly and association95/1/27

Protection of freedom of employment105/1/27-5/1/28

Protection of freedom of movement115/1/28

Protection of right to privacy125/1/28

The right to stand for election to public office

and to vote135/1/28-5/1/29

Protection of freedom of information145/1/29

Protection from deprivation of property155/1/29-5/1/31

BDECLARATION OF FUNDAMENTAL

OBLIGATIONS165/1/32

CGENERAL17-235/1/33-5/1/34

Enforcement of rights and freedoms175/1/33

Suspension of or derogation from Human Rights

in interests of defence etc.185/1/33

Action under valid law invalid i excessive or oppressive195/1/33

Parliamentary supervision of compliance with Human

Rights and Obligations and with the National Goals

and Directive Principles205/1/33

Effect of Fundamental Obligations215/1/34

Implementation of human rights provisions225/1/34

TRANSITIONAL PROVISION

Amendments to legislation and changes to

policy concerning Human rights and Obligations,

National Goals and Directive Principles235/1/34

PART 2 - EMERGENCY POWERS – Narrative

Emergency Situations1-45/2/1

Underlying Principles55/2/1-5/2/2

Parliamentary Supervision of Declarations of

Emergency6-115/2/2

Additional Powers during State of Emergency125/2/2

Right to a fair trial13-145/2/2

Safeguards against abuse of possible power of

preventive detention15-255/2/3-5/2/4

Powers of the review tribunals26-285/2/4

Report to Parliament and gazettal of names and

addresses of persons detailed29-315/2/4-5/2/5

Invalidity of certain acts done under Emergency Powers32-335/2/5

PART 2 - EMERGENCY POWERS – Recommendations

Proclamation of "State of Emergency"15/2/6

Extension of Proclamation25/2/6-5/2/7

Control of manpower35/2/7

Control of products and services45/2/7

Suspension of human rights provisions concerning

personal liberty and protection of law55/2/7

Preventive Detention during State of Emergency65/2/7-5/2/8

Preventive Detention during time of war75/2/8

Safeguards against abuse of possible powers of

preventive detention85/2/8-5/2/9

Powers of Review Tribunal95/2/9

Recommendations of Review Tribunal binding105/2/9

Report to Parliament and gazettal of names and

addresses of persons detained115/2/9-5/2/10

Emergency legislation to be in force only during a

State of Emergency125/2/10

Invalidity of certain acts done under Emergency Powers135/2/10

THE LEGISLATURE – Narrative

ACOMPOSITION OF PARLIAMENT2-466/1-6/7

The National Parliament2-126/1-6/2

Qualifications for membership13-226/2-6/3

Disqualifications for membership23-286/4

The Speaker29-346/4-6/5

Parliamentary Service35-396/5-6/6

Parliamentary Salaries Tribunal40-436/6

Parliament building44-466/6-6/7

BPOWERS AND PROCEDURES OF PARLIAMENT47-486/7-6/13

Power to make laws476/7

Powers of disallowance48-506/7

AMENDMENT OF THE CONSTITUTION51-536/7-6/8

OTHER POWERS AND PROCEDURES OF PARLIAMENT

Introduction of bills, motions, petitions546/8

Privileges and immunities55-566/8

Quorum576/8

Voting58-606/8-6/9

Bill becomes law61-626/9

Tabling of documents63-646/9

Minutes of proceedings656/9

Permanent Parliamentary Committees66-846/9-6/13

CSUMMONING AND DISSOLUTION OF

PARLIAMENT85-906/13-6/14

Summoning the National Parliament85-866/13

Meetings876/13

Dissolution of Parliament88-906/13-6/14

DELECTIONS FOR PARLIAMENT91-1236/14-6/18

General elections916/14

Electoral Commission92-946/14

Boundaries Commissioners95-996/14-6/15

Qualifications for electors1006/15

System of voting101-1126/15-6/17

General electoral provisions1136/17

Candidates' deposits1146/17

Restrictions on financing parties ane candidates115-1166/17-6/18

Political parties117-1196/18

Election expenses of candidates120-1236/18

TRANSITIONAL PROVISIONS124-1296/19

THE LEGISLATURE – Recommendations

ACOMPOSITION OF PARLIAMENT1-356/20-6/24

National Parliament16/20

Composition26/20

Qualifications for membership36/20

Disqualifications for membership46/20

Tenure of office of members56/20-6/21

Speaker6-126/21-6/22

Deputy Speaker13-156/22

Vacancy in office of Speaker166/22

Absence or incapacity of Speaker17-196/22-6/23

Questions as to membership206/23

Filling of vacancies216/23

Parliamentary Service22-276/23-6/24

Parliamentary Salaries Tribunal28-346/24

New Parliament Building356/24

BPOWERS AND PROCEDURES OF PARLIAMENT36-376/24-6/30

Power to make laws366/24-6/25

Powers of disallowance37-396/25

AMENDMENT OF THE CONSTITUTION40-416/25

Introduction of bills, motions, petitions426/25

Privileges and immunities43-486/25-6/26

Quorum496/26

Presiding in National Parliament506/26

Bill becomes law54-566/26-6/27

Tabling of documents57-586/27

Minutes of proceedings596/27

Disputes606/27

Other procedures61-626/27

Permanent Parliamentary Committees63-776/27-6/30

CSUMMONING AND DISSOLUTION OF

PARLIAMENT78-826/30-6/31

Summoning National Parliament78-806/31

Dissolution of National Parliament81-826/31

DELECTIONS FOR PARLIAMENT83-1136/31-6/34

General elections83-846/31

Electoral Commission85-866/31

Boundaries Commissioners87-936/31-6/32

Qualifications for electors946/32-6/33

System of voting95-966/33

General electoral provisions97-986/33

Candidates' deposits996/33

Political Parties - Restrictions on finance100-1076/33-6/34

Limitation on electoral expenses108-1136/34

TRANSITIONAL PROVISIONS114-1196/34-6/35

7THE EXECUTIVE – Narrative

Power belongs to the people1-27/1

Executive Power37/1

Arguments for and against a separate Head of State4-137/1-7/2

The National Executive Council14-207/2-7/3

Size of the Ministry21-227/3

Ministers chosen from parliament23-247/3

Appointment of Prime Minister25-287/3-7/4

Appointment of other Ministers29-317/4

Delays in forming a Ministry327/4

Removal of Ministers33-347/5

Continuity of government35-377/5

Acting Prime Minister38-407/5-7/6

Changing the government41-457/6

Government departments46-487/6

Ministerial Secretariats49-547/6-7/7

TRANSITIONAL PROVISIONS55-567/7

THE EXECUTIVE – Recommendations

ANATIONAL EXECUTIVE COUNCIL1-137/7-7/9

Composition1-27/7

Executive power of Papua New Guinea3-57/7-7/8

Summoning of National Executive Council (NEC)67/8

Presiding77/8

Quorum87/8

Decisions9-107/8

Secretary to the NEC11-127/8-7/9

NEC procedures non-justiciable137/9

BPRIME MINISTER AND OTHER MINISTERS14-287/9-7/12

Election of Prime Minister14-157/9

Appointment of other Ministers16-177/9-7/10

Assignment of responsibilities to Ministers187/10

Tenure of office of Prime Minister197/10

No confidence motion207/10

Vacancy in Office of Prime Minister21-227/10-7/11

Absence or incapacity of Prime Minister23-267/11-7/12

Tenure of Office of other Ministers27-287/12

CGOVERNMENT DEPARTMENTS AND

MINISTERIAL SECRETARIATS29-347/12-7/13

Heads of departments297/12

Reorganization of government departments307/12

Ministerial Secretariats31-347/13

TRANSITIONAL PROVISIONS35-367/13

8THE ADMINISTRATION OF JUSTICE – Narrative

Administration of Justice1-188/1-8/2

ATHE JUDICIARY19-208/2

Structure of the Judiciary21-238/3

The Supreme Court24-288/3

The National Court of Justice298/3

Powers of the Supreme Court and National Court308/3

Qualifications of judges31-338/3-8/4

Assistant judges34-388/4

Chief Justice39-418/4-8/5

THE JUDICIAL AND LEGAL SERVICE COMMISSION42-438/5

Composition, powers, functions44-548/5-8/6

Appointment of members of the Commission558/6

Tenure of members of the Commission568/6

The Magisterial Service578/6

The Chief Magistrate58-618/6-8/7

Reports628/7

Restrictions on appointment of judges638/7

TENURE OF JUDGES

Employment Security64-698/7

Retirement of judges70-718/8

Protection of judges' salaries and other conditions

of employment728/8

Acting judges738/8

Oath or affirmation of office748/8

SUSPENSION AND REMOVAL OF JUDGES

Removal of judges from office75-818/8-8/9

GENERAL

Rules of court82-838/9

Supervision of the work of the Visiting Justices84-878/9

The need for reform of the legal system88-898/9

TRANSITIONAL PROVISIONS90-918/9-8/10

BTHE PUBLIC PROSECUTOR92-988/10

Qualifications998/10

Appointment1008/11

Powers1018/11

Suspension and removal1028/11

CTHE PUBLIC SOLICITOR103-1108/11

Qualifications1118/12

Disqualifications, tenure of office, protection of

salary and conditions of service1128/12

Appointment1138/12

The grant of legal aid114-1168/12

Powers and functions117-1198/12

Rights of application to National Court wherelegal

aid is refused1208/12

Suspension and removal from office1218/12

DPOWER OF MERCY122-1328/12-8/13

ERESOLUTION OF CONSTITUTIONAL QUESTIONS133-1498/13-8/16

Advisory opinions150-1558/16-8/17

THE ADMINISTRATION OF JUSTICE – Recommendations

Justice in the name of the people18/18

ATHE JUDICIARY

Independence of the Judiciary28/18

Composition38/18

The Supreme Court48/18

Jurisdiction of the Supreme Court58/18

National Court of Justice68/18

Jurisdiction of the National Court78/18-8/19

Powers of the Supreme Court and the National Court88/19

Qualification of Judges98/19

Assistant Judges108/19-8/20