PART II. FORM OF GOVERNMENT
30. Form of Government
The form of government for this Kingdom is a Constitutional Monarchy under His Majesty King George Tupou V and his successors.
31. Government
The Government of this Kingdom is divided into three Bodies—
- 1st: The Cabinet;
2nd: The Legislative Assembly; 3rd: The Judiciary.
31A. Attorney General
- The King in Privy Council, after receiving advice from the Judicial Appointments and Discipline Panel, shall appoint an Attorney General, who shall:
- be the principal legal advisor to Cabinet and Government;
- be in charge of all criminal proceedings on behalf of the Crown; and
- perform any other functions and duties required under law.
- The Attorney General shall, unless otherwise provided by law, have complete discretion to exercise his legal powers and duties, independently without any interference whatsoever from any person or authority.
- The Attorney General shall be a person who is qualified to be a Judge of the Supreme Court and he shall, subject to any contractual arrangements, hold office during good behaviour.
- The King in Privy Council, after receiving advice from the Judicial Appointments and Discipline Panel, shall determine the terms of appointment of the Attorney General, and shall have the power to dismiss him.
- In the event of a vacancy in the office of the Attorney General, and pending the appointment of an Attorney General under sub-clause (1), the King in Privy Council may appoint a suitably qualified person to be Attorney General ad interim, to hold office until a substantive appointment has been made. Any such appointee shall have all the powers and privileges and perform all the duties of Attorney General as set forth in this clause.
32. Succession to the Throne
The right and title of King George Tupou I to the Crown and Throne of this Kingdom were confirmed by the Constitution of 1875 and it was further declared in the said Constitution that the succession to the Crown and Throne should devolve upon David Uga and then upon Wellington Gu and then upon them begotten by him in marriage and if at any time there be no heirs of Wellington Gu the Crown and Throne shall descend in accordance with the following law of succession:
It shall be lawful only for those born in marriage to succeed.
The succession shall be to the eldest male child and the heirs of his body but if he should have no children to the second male child and the heirs of his body and so on until all the male line shall be ended.
Should there be no male child the eldest female child shall succeed and the heirs of her body and if she should have no children it shall descend to the second female child and the heirs of her body until the female line is ended.
And if there shall be none of this line of David Uga lawful descendants by marriage to succeed to the Crown of Tonga it shall descend to William Tungi and his lawful heirs begotten by him in marriage and to their heirs begotten by them.
And if there should be no lawful heir the King shall appoint his heir if the House of Nobles consent to it (the representatives of the people having no voice in the matter) and he shall be publicly declared heir to the Crown during the King’s life.
Should there be no heir to the Crown or successor who has been so publicly proclaimed the Prime Minister or in his absence the Cabinet ministers shall convoke the nobles of the Legislative Assembly (the representatives of the people having no voice in the matter) and when they meet the House of Nobles shall choose by ballot some one of the chiefs whom they wish to succeed as King. And he shall succeed as the first of a new dynasty and he and the heirs of his body born in marriage shall possess the Crown according to law.
And in the event of there being none to succeed according to this law the Prime Minister or in his absence the Cabinet ministers shall again convoke the nobles of the Legislative Assembly in accordance with this law and they shall choose one to succeed to the Throne as the first of a new dynasty and so on according to this law for ever.
33. Heir Apparent may not choose consort
- It shall not be lawful for any member of the Royal Family who is likely to succeed to the throne to marry any person without the consent of the King. And if any person should thus marry the marriage shall not be considered legal and it shall be lawful for the King to cancel the right of such person and his heirs to succeed to the Crown of Tonga. And the next person in succession to him who so marries shall be declared the heir and the offender shall be regarded as dead.
- The expression “any member of the Royal Family who is likely to succeed to the throne” in the last preceding sub-clause shall be construed to include all persons born in lawful marriage and related by descent either lineally or collaterally to the King but not more than twenty times removed from the King.
34. Coronation oath
The following oath shall be taken by those who shall succeed to the throne—
“I solemnly swear before Almighty God to keep in its integrity the Constitution of Tonga and to govern in conformity with the laws thereof.”
35. Idiot not to succeed
No person shall succeed to the Crown of Tonga who has been found guilty of an offence punishable by imprisonment for more than two years or who is insane or imbecile.
36. King commands forces
The King is the Commander-in-Chief of the armed forces of Tonga. He shall appoint all officers and make such regulations for the training and control of the forces as he may think best for the welfare of the country but it shall not be lawful for the King to make war without the consent of the Legislative Assembly.
37. King may grant pardons
It shall be lawful for the King in Privy Council to grant a Royal Pardon to any person for a breach of law (including any person who has been convicted of a breach of law) except in cases of impeachment.
38. King’s relations with Parliament
The King may convoke the Legislative Assembly at any time and may dissolve it at his pleasure and command that new representatives of the nobles and people be elected to enter the Assembly. But it shall not be lawful for the Kingdom to remain without a meeting of the Assembly for a longer period than one year. The Assembly shall always meet at Nuku’alofa and at no other place except in time of war.
39. Treaties
It shall be lawful for the King to make treaties with Foreign States provided that such treaties shall be in accordance with the laws of the Kingdom. The King may appoint his representatives to other nations according to the custom of nations.
40. Foreign ministers
The King shall receive Foreign Ministers and may address the Legislative Assembly in writing regarding the affairs of the Kingdom and matters which he may wish to bring before the Assembly for deliberation.
41. King’s powers – Signature to Acts
The King is the Sovereign of all the Chiefs and all the people. The person of the King is sacred. He reigns the country but his ministers are responsible. All Acts that have passed the Legislative Assembly must bear the King’s signature before they become law.
42. Prince Regent
Should the King die before his heir is eighteen years of age a Prince Regent shall be appointed in accordance with the forty-third clause.
43. Prince Regent, how appointed
Should the King wish to travel abroad it shall be lawful for him to appoint a Prince Regent who shall administer the affairs of the Kingdom during his absence. And if the King should die whilst his heir is not yet arrived at the age of eighteen years and he has not declared in his will his wishes regarding a Prince Regent during his heir’s minority the Prime Minister of the Cabinet shall at once convoke the Legislative Assembly and they shall choose by ballot a Prince Regent who shall administer the affairs of the Kingdom in the name of the King until the heir shall have attained his majority (but the representatives of the people shall have no voice in such election).
44. King may confer titles
It is the King’s prerogative to give titles of honour and to confer honourable distinctions but it shall not be lawful for him to deprive anyone who has an hereditary title of his title such as chiefs of hereditary lands and nobles of the Legislative Assembly who possess hereditary lands except in cases of treason. And if anyone shall be tried and found guilty of treason the King shall appoint a member of that family to succeed to the name and inheritance of the guilty person.
45. Coinage
It is the prerogative of the King with the advice of his Cabinet to decree the coinage which shall be legal tender in this Kingdom and to make regulations for the coining of money.
46. Martial law
In the event of civil war or war with a foreign state it shall be lawful for the King to proclaim martial law over any part or over the whole of the country.
47. National flag
The Flag of Tonga (the flag of King George) shall never be altered but shall always be the flag of this Kingdom and the present Royal Ensign shall always be the ensign of the Royal Family of Tonga.
48. Royal property
The lands of the King and the property of the King are his to dispose of as he pleases. The Government shall not touch them nor shall they be liable for any Government debt. But the houses built for him by the Government and any inheritances which may be given to him as King shall descend to his successors as the property and inheritance of the Royal line.
49. King exempt from action
It shall not be lawful to sue the King in any court for a debt without the consent of the Cabinet.
Privy Council
50. Constitution and powers of Privy Council
- The King shall appoint a Privy Council to provide him with advice. The Privy Council shall be composed of such people whom the King shall see fit to call to his Council.
- If any case shall be heard in the Land Court relating to the determination of hereditary estates and titles, it shall be lawful for either party thereto to appeal to the King in Privy Council which shall determine how the appeal shall proceed and the judgment of the King in Privy Council shall be final.
- Privy Council may by Order in Council regulate its own procedures.
The Prime Minister
50A. The Prime Minister
- The King shall appoint from amongst the elected representatives a Prime Minister who is recommended by the Legislative Assembly in accordance with the procedure set out in the Schedule to, or clause 50B of, this Constitution.
- The Prime Minister shall hold office until-
- another Prime Minister is appointed in accordance with this Constitution;
- his appointment is revoked under clause 50B;
- he dies, resigns, or his appointment is revoked after he ceases to be an elected representative for any reason other than the dissolution of the Legislative Assembly; or
- he becomes ineligible to hold the office in accordance with this Constitution or any other law.
- The Prime Minister shall regularly and as required report to the King upon matters that have arisen with the government and upon the state of the country.
50B. Votes of No Confidence
- If the Legislative Assembly passes a motion described as a “Vote of no confidence in the Prime Minister” in accordance with this clause, then upon delivery of that resolution to the King by the Speaker, the Prime Minister and all Ministers shall be deemed to have resigned and their appointments revoked.
- A vote of no confidence in the Prime Minister-
- shall not be moved unless at least 5 working days’ notice of the intention to move such a motion has been given to the Speaker; and
- shall be of no effect if made within 18 months after a general election has been held, nor within 6 months before the date by which an election shall be held in accordance with clause 77(1), nor within 12 months after the date on which the last such motion was voted upon in the Legislative Assembly.
- If within 48 hours of the revocation of the appointment of the Prime Minister and all Ministers in accordance with sub-clause (1) following a vote of no confidence in the Prime Minister, the Legislative Assembly passes a motion that recommends the appointment of another elected representative as Prime Minister, then upon delivery of that resolution to the King by the Speaker, the King shall appoint the person so nominated as the Prime Minister.
- If no recommendation is delivered to him in accordance with sub- clause (3) following a vote of no confidence in the Prime Minister, the King shall-
- dissolve the Legislative Assembly and command that a general election be held on a date not more than 90 days thereafter;
- appoint as interim Prime Minister the elected representative who the King considers best able to lead an interim government, who shall not be the Prime Minister in respect of whom a motion of no confidence was passed in the Legislative Assembly, until a Prime Minister is appointed after the general election; and
- in consultation with the interim Prime Minister, appoint interim Ministers to hold office until Ministers are appointed after the general election.
Cabinet
51. Function, constitution and powers of Cabinet
- The executive authority of the Kingdom shall vest in the Cabinet, which shall be collectively responsible to the Legislative Assembly for the executive functions of the Government.
- The Cabinet shall consist of the Prime Minister and such other Ministers who are nominated by the Prime Minister and appointed by the King:Provided that-
- the Prime Minister may nominate as Cabinet Ministers not more than 4 persons who are not elected representatives;
- the Prime Minister and Cabinet shall be fewer in number than half of the number of elected members of the Legislative Assembly excluding the Speaker.
- A Minister shall retain his position as Minister until-
- his appointment is revoked by the King on the recommendation of the Prime Minister or in accordance with clause 50B;
- he dies, resigns or is dismissed from office following impeachment under clause 75; or
- he becomes ineligible to hold the office in accordance with this Constitution or any other law:
PROVIDED THAT: Following a general election, and when appointed under clause 50B (4)(c), Ministers shall be and remain as caretaker Ministers until their appointments are revoked or continued on the recommendation of the newly appointed Prime Minister; and during such period caretaker Ministers shall not incur any unusual or unnecessary expenditure without the written approval of the caretaker Minister for Finance.
- The Prime Minister may assign and re-assign ministries to and amongst the Cabinet Ministers.
- Each Minister shall draw up an annual report to the Legislative Assembly advising of the activities and plans of his ministry and if the Legislative Assembly shall wish to know anything concerning the ministry of any Minister he shall answer all questions put to him by the Legislative Assembly and report everything in connection with his ministry.
- A Minister who is not an elected representative shall sit and vote in the Legislative Assembly and shall, unless otherwise provided in any Act, have all the rights, duties and responsibilities of an elected representative except that he shall not be entitled to vote in any vote of no confidence in the Prime Minister under clause 50B.
- The term “executive authority” in sub-clause (1) excludes all powers vested in the King or the King in Council, whether by this Constitution, or any Act of the Legislative Assembly, any subordinate legislation, and Royal Prerogatives.
52. Duties of ministers
Each member of the Cabinet shall have an office in Nuku’alofa the capital of the Kingdom and he shall satisfy himself that all the subordinates in his department faithfully perform their duties. And the Government shall build or rent offices suitable for the work of each minister.
53. Minister for Finance to report to Parliament
When the Legislative Assembly shall meet the Minister for Finance shall present to the Legislative Assembly on behalf of the Cabinet an account of all moneys which have been received and expended during the current year or since the last meeting of the Assembly and the nature of the receipts and expenditure.
54. Governors – how appointed
The King shall appoint Governors to Ha’apai and Vava’u on the advice of the Prime Minister.
55. Powers of Governors
It shall not be lawful for a Governor to enact any law but he shall be responsible that the law is enforced in his district.
