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Fonos Act

LAWS OF TONGA

[1988 Ed.]

CHAPTER 50

FONOS

ARRANGEMENT OF SECTIONS

SECTION
1. Short title.
2. Interpretation.
3. Great fono.
4. Noble's fono.
5. Ordinary fono.
6. Requisites of a valid notice.
7. Penalty for non-attendance.
8. Exemptions from attendance.
9. Attendance may be excused.
10. Temporary absence from residence.
11. Temporary residents to attend.
12. Absence of people not to invalidate the fono.
13. Power to appoint deputy.
14. Power to exempt from attendance.
15. Rules.
16. Prosecutions.

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Acts Nos. 6 of 1924, 12 of 1944, 16 of 1988 and 46 of 1988.

AN ACT RELATING TO FONOS

[30th July, 1924]

Short title.

1. This Act may be cited as The Fonos Act.

Interpretation.

2. In this Act unless the context otherwise requires -

"fono" means a great fono, a noble's fono or an ordinary fono;

"great fono" means an assembly of the people of any town, district, or part of a district summoned by proclamation in accordance with the provisions of section 6 hereof and addressed by either the Prime Minister, the Speaker of the Legislative Assembly, a Minister, a Governor or the representative of the Government;

"noble's fono" means an assembly of the persons residing on or being on the hereditary estate of any noble or matapule ma'u tofia summoned by proclamation as provided by Section 6 hereof and addressed by such noble or matapule ma'u tofia;

"ordinary fono" means an assembly of the persons residing in or being in any town summoned by proclamation in the manner provided by section 6 hereof and addressed by the District Officer of such town or by any of the mentioned in section 3 hereof;

"district" means any of the following localities: Tongatapu, 'Eua, Nomuka, the Ha'apai group, the Vava'u group, Niuafo'ou, Niuatoputapu (including Tafahi);

"person" means any Tongan subject aged 16 years or over whether naturalized or native born;

"Governor" includes any person lawfully acting as such;

"representative of the Government" means any person or persons appointed by the Prime Minister with the consent of the Cabinet to be the representative or representatives of the Government in any island over which a Governor has not been appointed or any person or persons for the time being lawfully acting as such representative;

"noble" and "matapule ma'u tofia" mean respectively any noble or matapule ma'u tofia and any trustee lawfully appointed by His Majesty on behalf of a noble or matapule ma'u tofia who is under 21 years of age;

"college student" means a student residing regularly at any secondary school.

Great Fono.

3. It shall be lawful for the Prime Minister, the Speaker of the Legislative Assembly or any Minister, Governor or representative of the Government to cause the persons then residing in or being in any town, district, or part of a district to be summoned by proclamation to attend a great fono to be held in such district.

Noble's fono.

4. It shall be lawful for a noble or matapule ma'u tofia to cause the persons then residing on or being on his hereditary estate to be summoned by proclamation to attend a noble's fono to be held on such hereditary estate.

Ordinary fono.

5. It shall be lawful for the District Officer of any town to cause the persons then residing in or being in such town to be summoned by proclamation to attend an ordinary fono to be held in such town.

Requisites of a valid notice.

6. Notice by proclamation of the holding of a fono shall be given in the case of a great fono not less than 2 days previous thereto; in the case of a noble's fono or an ordinary fono not less than one day before such fono is to be held.

Such notice shall specify the time and place at which the fono is to be held and shall be announced by a duly authorised person in each district or town where the persons who are required to attend the fono reside. Any notice by proclamation failing to comply with these requirements shall be deemed invalid.

Penalty for non-attendance.

7. Whenever notice by proclamation of a fono in accordance with provisions of this Act has been given summoning the persons of any district, portion of a district, or town to attend a fono, any person then residing in or being in any such district or portion of a district or town who shall neglect to attend such fono, not being a person exempt from attendance by virtue of section 8 hereof or excused from attendance under the provisions of section 9 hereof, shall be guilty of an offence and on conviction thereof before a magistrate be liable -

(a) for non-attendance at a great fono to a fine not exceeding $3;

(b) for non-attendance at a noble's fono to a fine not exceeding $2;

(c) for non-attendance at an ordinary fono to a fine not exceeding $1,

and in default of payment thereof to imprisonment for one month.

(Amended by Acts 12 of 1944, 16 of 1988 and 46 of 1988.)

Exemptions from attendance.

8. The following persons shall be exempt from attendance at any fono -

(a) police officers, policemen, gaolers and prisoners;

(b) dispensers, dressers and students of the medical department;

(c) students and tutors of any college in which the Gazette is read out on the first Monday of each month by one of the tutors to all the students and tutors assembled for that purpose;

(d) Government officials and all persons permanently or temporarily employed by the Government if the duties of their employment at the time the fono is being held prevent them from attending;

(e) persons incapacitated by old age sickness or infirmity;

(f) persons in cases of grave and real emergency;

(g) persons who previous to the holding of a fono have been excused from attendance thereat in accordance with section 9 hereof.

Attendance may be excused.

9. Any person authorized under the provisions of this Act to summon and hold a fono may upon application made to him by any other person excuse such last mentioned person from attendance at any such fono or from attendance at any fonos summoned by him for such period as he may consider proper or necessary and no person shall be convicted for non-attendance at any fono from attendance at which he has been so excused.

Temporary absence from residence.

10. A person shall not be liable to prosecution for non-attendance at any fono of the people of any district or town in which ordinarily resides if such fono is summoned and held while he is temporarily resident in another district or town.

Temporary residents to attend.

11. A person shall be liable to prosecution for non-attendance at any fono of the people of any district or town in which he is temporarily resident if notice by proclamation of such fono is given during the period of his temporary residence.

Absence of people not to invalidate the fono.

12. Any Acts of the Legislative Assembly or Ordinance of the Privy Council or proclamations, regulations, notices or other matters published in the Gazette and read out at any great or ordinary fono shall be deemed to have been properly communicated to the people of the district or town where the fono is held whether such people are present at such fono or not.

Power to appoint deputy.

13. If any person empowered to address the people at any fono summoned in accordance with the provisions of this Act is unable do so he shall be entitled to appoint someone to represent him at such fono and address the people in his stead.

Power to exempt from attendance.

14. It shall be lawful for the Prime Minister by Notice with the consent of the Cabinet to add to or otherwise alter the list of the persons who are exempt under the provisions of section 8 hereof from attendance at fonos and such additions and alterations may be made subject to such conditions as the Cabinet may think fit. (Amended by Act 16 of 1988.)

Rules.

15. It shall be lawful for the Prime Minister with the consent of the Cabinet to make rules for the purpose of any matter arising under this Act.

Prosecutions.

16. All prosecutions under this Act shall be instituted in the Magistrates' Courts by the police or a district officer and no fees shall be payable for the summons. (Amended by Act 16 of 1988.)

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