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Niue Island General Laws Ordinance 1968

NIUE

[August 1990 Edition]

THE NIUE ISLAND GENERAL LAWS ORDINANCE 1968

Ordinance 52 of 1968 - 1 November 1968

AN ORDINANCE to make better provision for the order and good government of Niue.

BE IT ENACTED by the Niue Island Assembly and by the authority of the same as follows:

PART I

PRELIMINARY

1. Short Title and Commencement

(1) This Ordinance may be cited as the Niue Island General Laws Ordinance 1968.

(2) This Ordinance shall come into force on the day on which it is assented to by the Resident Commissioner.

2. Arrangement of Ordinance

This Ordinance is arranged as follows:

PART I

PRELIMINARY

1. Short Title and Commencement
2. Arrangement of Ordinance
3. Interpretation
4. Chief Officer of Police to Administer Ordinance

PART II

UNAUTHORISED PERSONS ON BOARD SHIP

5. Application of Part II
6. Niue Island Departure Ordinance not Affected
7. Disobedience when ordered to leave ship
8. Arrest without Warrant
9. Offence of Obstructing, Resisting, etc.

PART III

CONTROL OF WHARF

10. Closing Order
11. Public to be duly Warned
12. Effect of Closing Order
13. Restricted Admittance to Closed Area
14. Offences
15. Aggravated Offences

PART IV

OFFENCES INJURIOUS TO PUBLIC MORALITY

16. Adultery by Married Persons
17. Adultery with Married Persons
18. Scandalous Conduct

PART V

MISCELLANEOUS

19. Repeals and Savings
20. Application of Fines

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3. Interpretation

(1) In this Ordinance, unless the context otherwise requires "Chief Officer of Police" means the Chief Officer of Police in Niue.

(2) Subject to the provisions of subsection (1) of this section, expressions defined in the Niue Act 1966 as amended have the meaning so defined

4. Chief Officer of Police to Administer Ordinance

The Chief Officer of Police shall be charged with the administration of this Ordinance under the general direction and control of the Resident Commissioner.

PART II

UNAUTHORISED PERSONS ON BOARD SHIP

5. Application of Part II

(1) This Part of this Ordinance shall apply to every ship calling on Niue from the time of her arrival in the roadstead until the time of her departure therefrom.

(2) In this Part of this Ordinance, unless the context otherwise requires, "ship" includes every description of vessel used for overseas voyages, however propelled, but does not include ships of the naval forces of any country.

6. Niue Island Departure Ordinance not Affected

Nothing in this part of this Ordinance shall be construed to limit the provisions of the Niue Island Departure Ordinance 1968.

7. Disobedience when ordered to leave Ship.

Every person who (not being a person bound or entitled to sail on the ship or a person duly authorised to be on the ship for any purpose recognised by law) refuses or fails to leave the ship when ordered so to do by the master or any officer of the ship or by any officer of Police or Customs or, after having complied with an order to leave the ship or after being taken ashore, re-enters or attempts to re-enter the ship commits an offence against this Ordinance and shall be liable on conviction to a fine not exceeding forty dollars ($40) or to imprisonment for a term not exceeding three months.

8. Arrest without Warrant

The master or any officer of the ship or any officer of Customs may take ashore or, as circumstances require, take into custody any person who acts in contravention of any of the foregoing provisions of this Part of this Ordinance and deliver him to an Officer of Police and any officer of Police may arrest without warrant any person so acting or so delivered to him.

9. Offence of Obstructing, Resisting, Etc.

Every person who wilfully obstructs, hinders, or resists any person in the exercise or execution of any power, duty or function conferred or imposed on such person by any provisions of Part II of this Ordinance, commits an offence against this Ordinance and, unless the Niue Act 1966 provides a more severe penalty in respect of the same offence, shall be liable on conviction to a fine not exceeding forty dollars ($40).

PART III

CONTROL OF WHARF

10. Closing Order

The Chief Officer of Police in concurrence with the Comptroller of customs shall have power to close at any time and for any period of time the wharf or any portion of it, or any building, machinery, or other construction erected on or near the wharf (in this Part of this Ordinance referred to as the closed area).

11. Public to be duly Warned

The Chief Officer of Police shall in such customary and practicable manner as he deems fit make generally known to the public every order under section 10 of this Part specifying the closed area and the hours of commencement and termination of the order.

12. Effect of Closing Order

The effect of any order so made shall be that, for the period of time specified in the order, any closed area shall be deemed not to be open to the public as of right.

13. Restricted Admittance to Closed Area

(1) Except with the permission of the officer of Police on duty on the wharf, no person shall enter any closed area unless his presence is required for the working of the wharf or for the pursuit of any legitimate and customary other work or business in connection therewith.

(2) Any officer of Police may remove from the closed area any person found thereon in contravention of the provisions of this Part of this Ordinance.

14. Offences

Every person who acts in contravention of the provisions of this Part of this Ordinance commits an offence against this Ordinance and shall be liable on conviction to a fine not exceeding twenty dollars ($20).

15. Aggravated Offences

Every person who, after being ordered or removed from any closed area, re-enters or attempts to re-enter that closed area commits an offence against this Ordinance and, unless the Niue Act 1966 provides a more severe penalty in respect of the same offence, shall be liable on conviction to a fine not exceeding forty dollars ($40) or to imprisonment for a term not exceeding three months.

PART IV

OFFENCES INJURIOUS TO PUBLIC MORALITY

16. Adultery by Married Persons

Every married person who commits adultery shall be guilty of offence against this Ordinance and liable on conviction to a fine not exceeding forty dollars ($40).

17. Adultery with Married Person

Every unmarried man who commits adultery with a woman whom he knows to be married, and every unmarried woman who commits adultery with a man whom she knows to be married shall be guilty of an offence against this Ordinance and liable on conviction to a fine not exceeding forty dollars ($40).

18. Scandalous Conduct

Persons of the opposite sex who, without begin married to each other, live together as husband and wife to the annoyance of the public commit an offence against this Ordinance and shall be liable on conviction to a fine not exceeding forty dollars ($40).

PART V

MISCELLANEOUS

19. Repeals and Savings

(1) The following Ordinances are hereby repealed, namely:

(i) The Suppression of Immorality Ordinance 1919 (No. 14);

(ii) The Niue Curfew Ordinance 1950 (No. 40).

(2) Without limiting the provisions of the Act Interpretation Act 1924, it is hereby declared that all matters, things, and proceedings which have been commenced under the repealed Ordinances and which are pending or in progress on the coming into force of this Ordinance, may be continued and completed under this Ordinance.

20. Application of Fines

All fines paid or collected pursuant to the provisions of this Ordinance shall form part of the public revenues of Niue and shall be paid into the appropriate account thereof.

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