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Nationality (Amendment) Act 2007

Commencement: 14 September 2007

LAWS OF TONGA

NATIONALITY (AMENDMENT) ACT 2007
Act No. 3 of 2007

AN ACT TO AMEND THE NATIONALITY ACT

I assent,
GEORGE TUPOU V
14 August 2007

BE IT ENACTED by the King and Legislative Assembly of Tonga in the Legislature of the Kingdom as follows:

1 This Act may be cited as the Nationality (Amendment) Act 2007.

2 The Nationality Act (CAP. 59), as amended, is in this Act referred to as the Principal Act.

3 The Principal Act is amended, in the English version only, by deleting the word "alien" wherever it appears and substituting it with the word "non-Tongan".

4 Section 2 of the Principal Act is repealed and replaced with the following —

"Person deemed to be Tongan subjects

2 The following persons shall be deemed to be Tongan subjects —

(a) any person born in Tonga to a Tongan Parent;

(b) any person born abroad of a Tongan father;

(c) any person born abroad of a Tongan mother;

(d) any non-Tongan who marries a Tongan provided that he —

(i) lodges a written declaration with the Minister of Foreign Affairs that he wishes to assume Tongan nationality; and

(ii) takes the oath of allegiance prescribed by this Act; and

(e) any person naturalized under this Act."

5 The Principal Act is amended by deleting sections 3 to 7.

6 Section 14 of the Principal Act is amended by deleting the words "King Taufa’ahau Tupou IV" and substituting with "the King".

7 The Principal Act is amended by adding a new section 17 as follows —

"17 Savings

(1) Any person who ceased to be a Tongan subject prior to the enactment of the Nationality (Amendment) Act 2006, may apply to the Minister responsible for Immigration for a certificate of re-admission to Tongan nationality in the manner to be prescribed by regulations.

(2) The requirements of section 8(1)(a) and (c) as to residence in the Kingdom shall not apply to an applicant for a certificate of re-admission.

(3) The Minister responsible for Immigration shall have the discretion as to granting or with holding of a certificate of re-admission.

(4) A certificate of re-admission shall not be issued until the applicant has taken the oath of allegiance.

(5) Sections 11, 12 and 13 shall apply to a person to whom a certificate of readmission has been granted, as if the grant is of a certificate of naturalization."

Passed by the Legislative Assembly this 12th day of June 2007.