“period of public emergency” means a period throughout which-“period of public emergency” means a period throughout which-
Tuvalu is at war; or
there is in effect a proclamation under section 35 (declaration of public emergency).
35. Declaration of public emergency
The Head of State, acting in accordance with the advice of the Prime Minister, may by proclamation declare that a state of public emergency exists in Tuvalu, or in a part of Tuvalu specified in the proclamation.
Unless earlier revoked, a proclamation under subsection (1) lapses at the expiration of-
three days; or
if it was made when Parliament is not meeting – 14 days,
after the date on which it is made, unless it is approved in the meantime by Parliament by resolution.
An approval under subsection (2) remains in force for such period, not exceeding six months, as is specified in the resolution granting the approval, and may be extended by further resolution from time to time for such period or periods, each not exceeding six months, as is or are specified in any such further resolution or resolutions.
36. Restrictions on certain rights and freedoms during public emergencies
Nothing in or done under a law shall be considered to be inconsistent with-
section 16 (life); or
section 17 (personal liberty); or
section 21 (privacy of home and property); or
section 23 (freedom of belief); or
section 24 (freedom of expression); or
section 25 (freedom of assembly and association); or
section 26 (freedom of movement); or
section 27 (freedom from discrimination),
to the extent that the law-
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makes any provision, in relation to a period of public emergency; or
authorizes the doing, during any such period, of any thing that is reasonably justifiable for the purpose of dealing with any situation that arises or exists during that period.
37. Detention during public emergencies
If a person is detained by virtue of a law authorized only by section 36 (restrictions on certain rights and freedoms during public emergencies)-
he shall, as soon as practicable and in any case not more than 10 days after the beginning of his detention, be furnished with a written statement, in a language that he understands, stating in detail the grounds on which he is detained; and
not more than 14 days after the beginning of his detention a notice shall be published-
in the manner prescribed for the publication of subordinate legislation; and
in such other manner (if any) as is directed by the Chief Justice; and
not more than one month after the beginning of his detention, and afterwards at intervals of not more than six months, his case shall be reviewed by an independent and impartial tribunal established by law and presided over by a person who-
is qualified to practise before the High Court; and
is appointed by the Chief Justice for the purpose; and
he shall be given reasonable facilities to consult, at his own expense, a representative of his own choice, who shall be permitted to advise and assist him and to make representations to the tribunal; and
at the hearing of the case he shall be permitted to appear in person or, at his own expense, by a representative of his own choice.
On a review under subsection (1)(c), the tribunal may make recommendations to the authority that detained him concerning the necessity or desirability of continuing the detention, but unless it is otherwise provided by law that authority is not obliged to act in accordance with any such recommendation.
A failure to comply with subsection (1)(b) does not invalidate the detention.
DIVISION 5. ENFORCEMENT OF THE BILL OF RIGHTS
38. Application for enforcement of the Bill of Rights
In accordance with any rules of court made for the purposes of this Division, if any person claims that any of the provisions of this Part-
has been; or
is being; or
is likely to be,
contravened or not complied with in relation to him, he may apply to the High Court under this Division.
In the case of a person who is being detained, an application under subsection (1) may be made-
by the person himself, or
by any other person on his behalf.
Nothing in subsection (1) or (2) prevents any other action that may be taken under any other law in respect of the contravention.
39. Questions as to the Bill of Rights arising in subordinate courts
If in any proceedings in a subordinate court a question arises as to a contravention of any of the provisions of this Part, the court may, and shall if a party to the proceedings so requests, refer the question to the High Court unless, in the opinion of the court, the question raised is frivolous or vexatious.
40. Jurisdiction of the High Court as to the Bill of Rights
The High Court has original jurisdiction-
to determine any application made under section 38 (application for enforcement of the Bill of Rights); and
to determine any question referred to it under section 39 (questions as to the Bill of Rights arising in subordinate courts),
and may make any orders, issue any writs and give any directions that it thinks appropriate for enforcing or securing the enforcement of this Part.
The High Court may refuse to exercise its powers under subsection (1) if it is satisfied that adequate means of redress for the alleged contravention are or have been reasonably available to the person concerned under any other law.
41. Appeals as to the Bill of Rights
Subject to subsection (2), an appeal may be made, in accordance with Part VII (The Courts), against any determination of the High Court under this Division.
There is no appeal against a determination dismissing an application on the ground that it is frivolous or vexatious.
42. Additional powers of the High Court as to the Bill of Rights
An Act of Parliament may confer on the High Court powers, additional to those conferred by the preceding provisions of this Division, for the purpose of enabling the Court to exercise more effectively the jurisdiction conferred on it by this Division.
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