8 of 1973 (Cap. 95 of 1973), 23 of 1974



PUBLIC ORDER ORDINANCE

Public Order Ordinance CAP. 9 Arrangement of Sections

8 of 1973 (Cap. 95 of 1973), 23 of 1974

Page 3



PUBLIC ORDER ORDINANCE
Arrangement of Sections
Section
PART I – PRELIMINARY 7
1 Short title……………………………………………………………………………………………. 7
2 Interpretation………………………………………………………………………………………. 7
PART II – CONTROL OF ORGANISA TIONS 9
3 Power to prohibit flags, etc. ………………………………………………………………….. 9
4 Prohibition of uniforms in connection with political objects……………………. 10
5 Managing unlawful society …………………………………………………………………. 10
6 Being member of an unlawful society ………………………………………………….. 10
7 Prosecutions under sections 5 and 6 …………………………………………………….. 11
8 Power of entry, arrest, search, etc. ……………………………………………………….. 11
9 Declaration by Minister ……………………………………………………………………… 11
10 Forfeiture of insignia, etc. …………………………………………………………………… 12
PART III – CONTROL OF PUBLIC MEETINGS AND
PROCESSIONS 12
11 Control of public gatherings ……………………………………………………………….. 12
12 Police to be informed of meetings in designated area …………………………….. 13
13 Police powers over meetings, processions and gatherings ………………………. 13
14 Offences in relation to sections 11, 12 and 13 ……………………………………….. 14
15 Disorder in public places ……………………………………………………………………. 15
16 Prohibition of offensive weapons at public meetings and processions ………. 16
17 Power of Chief of Police to prohibit public gatherings …………………………… 16
18 Power of Minister to prohibit public gatherings …………………………………….. 17
19 Proof of certain matters………………………………………………………………………. 17

Arrangement of Sections CAP. 9 Public Order Ordinance

8 of 1973 (Cap. 95 of 1973), 23 of 1974 Page 4

PART IV – UNLAWFUL ASSEMBLIES, RIOTS AND SIMILAR
OFFENCES 18
20 Unlawful assembly ……………………………………………………………………………..18
21 Riot …………………………………………………………………………………………………..18
22 Rioters demolishing buildings, etc. ……………………………………………………….18
23 Rioters damaging buildings, etc. …………………………………………………………..19
24 Riotously interfering with vehicles, etc………………………………………………….19
25 Going armed in public …………………………………………………………………………19
26 Forcible entry …………………………………………………………………………………….19
27 Forcible detainer…………………………………………………………………………………20
28 Fighting …………………………………………………………………………………………….20
29 Proposing violence at public gatherings…………………………………………………20
PART V – INTIMIDATION 20
30 Intimidation ……………………………………………………………………………………….20
31 Directing, organising, etc., intimidation …………………………………………………21
PART VI – CONTROL OF PLACES, VESSELS, OFFENSIVE
WEAPONS, ETC. 21
32 Curfew orders …………………………………………………………………………………….21
33 Carrying offensive weapons during a curfew………………………………………….22
34 Prohibition of offensive weapons in public places …………………………………..23
35 Power of Minister to prohibit the movement of vessels or aircraft …………….23
36 Detention of vessels and aircraft …………………………………………………………..23
PART VII – CLOSED AREAS 24
37 Closed areas ………………………………………………………………………………………24
38 Permits to enter and leave closed areas ………………………………………………….25
39 Prohibition on entering or leaving closed area without permit ………………….25
40 Power of arrest …………………………………………………………………………………..25
PART VIII – GENERAL 26
41 Procedure where consent of Attorney General to prosecution required………26
42 Police powers of arrest ………………………………………………………………………..26
43 Use of force ……………………………………………………………………………………….27
44 Offences by societies, etc. ……………………………………………………………………27
45 Power of entry and search ……………………………………………………………………27
46 Proof of lawful authority or reasonable excuse ……………………………………….28
47 Power to require identifications ……………………………………………………………28
48 Obstruction ………………………………………………………………………………………..28
49 Power of Minister to give directions ……………………………………………………..28
50 Delegation of powers ………………………………………………………………………….29
51 Indemnity to persons acting under Ordinance…………………………………………29

Public Order Ordinance CAP. 9 Arrangement of Sections

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Page 5

Supporting Documents
ENDNOTES 30
Table of Legislation History …………………………………………………………………………….. 30
Table of Renumbered Provisions ………………………………………………………………………. 30
Table of Endnote References ……………………………………………………………………………. 30

Public Order Ordinance CAP. 9 Section 1

8 of 1973 (Cap. 95 of 1973), 23 of 1974

Page 7



PUBLIC ORDER ORDINANCE
8 of 1973 (Cap. 95 of 1973), 23 of 1974
AN ORDINANCE TO CONSOLIDATE, AMEND AND EXTEND THE
LAW RELATING TO AND TO MAKE PROVISION FOR THE
MAINTENANCE OF PUBLIC ORDER, THE PROSCRIPTION OF
UNLAWFUL SOCIETIES, THE CONTROL OF MEETINGS, PLACES,
VESSELS AND AIRCRAFT, UNLAWFUL ASSEMBLIES AND RIOTS
AND MATTERS INCIDENTAL THERETO OR CONNECTED
THEREWITH
ENACTED BY THE PARLIAMENT OF TUVALU
Commencement [ 1st December 1973 ] PART I – PRELIMINARY
1 Short title
This Ordinance may be cited as the Public Order Ordinance.
2 Interpretation
In this Ordinance unless the context otherwise requires —
“closed area” means any island or other place declared to be a closed area
under section 37;
“designated area” means every island or other place designated by the
Minister by order under section 12 (3);

Section 2 CAP. 9 Public Order Ordinance

8 of 1973 (Cap. 95 of 1973), 23 of 1974 Page 8

“meeting” means —
(a) any gathering or assembly of persons convened or organised for
any purpose; and
(b) any gathering or assembly of persons whether or not previously
convened or organised at which any person assumes or attempts to
assume control or leadership thereof,
but does not include any gathering or assembly of persons convened or
organised exclusively —
(i) for the purposes of any public body; or
(ii) for the purpose of carrying out any duty or exercising any
power imposed or conferred by any Ordinance;
“offensive weapon” means any article made or adapted for use for
causing injury to the person or intended by the person having it in his
possession or under his control for such use by him or by some other
person;
“officer in charge of police” bears the meaning assigned to that
expression by the Police Ordinance;
Cap. 70
“political organisation” means any organisation which has among its
objects any political object or pursues any political purpose;
“public gathering” means a public meeting, a public procession and any
other meeting, gathering or assembly of 10 or more persons in any
public place;
“public meeting” means any meeting held or to be held in a public place;
“public place” means any place to which for the time being the public or
any section of the public are entitled or permitted to have access whether
on payment or otherwise, and in relation to any meeting includes any
place which is or will be on the occasion and for the purposes of such
meeting a public place;
“public procession” means any procession in, to or from a public place;
“society” includes —
(a) any club, company, partnership, association or body of persons; and
(b) any combination of 10 or more persons, whether the society be
known by any name or not;
“unlawful society” means —
(a) a society formed for any of the following purposes —

Public Order Ordinance CAP. 9 Section 3

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Page 9

(i) levying war or encouraging or assisting any person to levy
war on the Government or on the inhabitants of any part of
Tuvalu; or
(ii) killing or injuring or inciting to the killing or injuring of any
person; or
(iii) destroying or injuring or inciting to the destruction or
injuring of any property; or
(iv) subverting or promoting the subversion of the Government or
of its officials; or
(v) committing or inciting to acts of violence or intimidation; or
(vi) interfering with or resisting or inciting to interference with or
resistance to the administration of the law; or
(vii) disturbing or inciting to the disturbance of peace and order in
any part of Tuvalu; or
(b) a society declared by order of the Minister to be a society
dangerous to the good government of Tuvalu.
PART II – CONTROL OF ORGANISA TIONS
3 Power to prohibit flags, etc.
(1) Any police officer may in a designated area —
(a) prohibit the display at a public gathering of any flag, banner or
other emblem; ~
(b) prohibit the owner, tenant, occupier or person in charge of any
premises or place and the owner or person in charge of any vehicle
or vessel from permitting the display of any flag, banner or other
emblem on or at the premises, place, vehicle or vessel,
if the police officer reasonably believes that the display of any flag,
banner or emblem is likely to cause or lead to a breach of the peace.
(2) A prohibition under paragraph (a) of subsection (1) shall be issued by
such means as are in the opinion of the police officer concerned
reasonably required in all the circumstances to bring it to the notice of the
persons constituting the public gathering:
Provided that where such means are not immediately available and in the
opinion of the police officer it is necessary in the interests of public order
for the prohibition to be issued forthwith it may be issued by all
reasonable means immediately available.

Section 4 CAP. 9 Public Order Ordinance

8 of 1973 (Cap. 95 of 1973), 23 of 1974 Page 10

(3) A prohibition under paragraph (b) of subsection (1) may be issued either
orally or in writing to the owner, tenant, occupier or person in charge as
the case may be.
(4) Where a prohibition is issued under this section any police officer may
seize and detain any flag, banner or emblem and may if reasonably
necessary —
(a) enter any premises or place; and
(b) stop and board any vehicle or vessel,
using such force as may be reasonable and necessary for these purposes.
(5) Any person who displays or permits the display of any flag, banner or
other emblem in contravention of a prohibition issued under this section
shall be liable to a fine of $100 and to imprisonment for 1 year.
(6) No prosecution for an offence under this section shall be instituted
without the consent of the Attorney-General.
4 Prohibition of uniforms in connection with political objects
(1) Any person in a designated area who in any public place or at any public
gathering wears any uniform signifying his association with any political
organisation or with the promotion of any political object, save under and
in accordance with written permission given under subsection (2), shall be
liable to a fine of $100 and to imprisonment for 1 year.
(2) The Chief of Police or an officer in charge of police may, if he is satisfied
that the wearing of any such uniform as aforesaid on any ceremonial,
anniversary or other special occasion will not be likely to involve risk of
public disorder, give written permission for the wearing of such uniform
on that occasion either absolutely or subject to such conditions as he may
specify.
(3) Any person who contravenes any condition imposed under subsection (2)
shall be liable to a fine of $100 and to imprisonment for 1 year.
5 Managing unlawful society
Any person who manages or assists in the management of an unlawful society
shall be liable to imprisonment for 7 years.
6 Being member of an unlawful society
Any person who —
(a) is a member of an unlawful society; or

Public Order Ordinance CAP. 9 Section 7

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Page 11

(b) knowingly allows a meeting of an unlawful society or of members
of an unlawful society to be held in any house, building or place
belonging to or occupied by him or over which he has control,
shall be liable to imprisonment for 3 years.
7 Prosecutions under sections 5 and 6
(1) No prosecution for an offence under section 5 or 6 shall be instituted
without the consent of the Attorney-General.
(2) In any prosecution for an offence under section 5 or 6 it shall not be
necessary to prove that the society consisted of 10 or more persons; but it
shall be sufficient to prove the existence of a combination of persons and
the onus shall then rest with the accused person to prove that the number
of members of the combination did not amount to 10.
(3) Any person who attends a meeting of an unlawful society shall be deemed
to be a member of the society unless the contrary is proved.
(4) Any person who has in his possession or custody or under his control any
of the insignia, banners, arms, books, papers, documents or other property
belonging to an unlawful society or wears any of the insignia or is marked
with any mark of the society shall be deemed to be a member of the
society unless the contrary is proved.
8 Power of entry, arrest, search, etc.
Any magistrate or police officer may enter with or without assistance any house,
building or place in which he has reason to believe that a meeting of an unlawful
society or of persons who are members of an unlawful society is being held, and
to arrest or cause to be arrested all persons found therein and to search such
house, building or place and seize or cause to be seized all insignia, banners,
arms, books, papers, documents and other property which he may have
reasonable cause to believe to belong to any unlawful society or to be in any way
connected with the purpose of the meeting.
9 Declaration by Minister
(1) When a society is declared to be an unlawful society by an order of the
Minister the following consequences shall ensue —
(a) the property of the society within Tuvalu shall forthwith vest in an
officer appointed by the Minister;
(b) the officer appointed by the Minister shall proceed to wind up the
affairs of the society and after satisfying and providing for all debts

Section 10 CAP. 9 Public Order Ordinance

8 of 1973 (Cap. 95 of 1973), 23 of 1974 Page 12

and liabilities of the society and the cost of the winding up if there
shall then be any surplus assets shall prepare and submit to the
Minister a scheme for the application of those surplus assets;
(c) such scheme when submitted for approval may be amended by the
Minister in such way as he shall think proper in the circumstances
of the case;
(d) the approval of the Minister to such a scheme shall be denoted by
the endorsement thereon of a memorandum of such approval signed
by the Minister and upon this being done the surplus assets, the
subject of the scheme, shall be held by such officer upon the terms
and to the purposes thereby prescribed;
(e) for the purpose of the winding up the officer appointed by the
Minister shall have all the powers vested in a receiver in bankruptcy
for the purpose of the discovering of the property of a debtor and
the realisation thereof.
(2) The Minister may for the purpose of enabling a society to wind up its own
affairs suspend the operation of this section for such period as shall seem
to him expedient.
(3) Subsection (1) shall not apply to any property seized under section 8.
10 Forfeiture of insignia, etc.
Subject to section 9 the insignia, banners, arms, books, papers, documents and
other property belonging to an unlawful society shall be forfeited and shall be
dealt with in such manner as the Minister may direct.
PART III – CONTROL OF PUBLIC MEETINGS AND
PROCESSIONS
11 Control of public gatherings
The Chief of Police or an officer in charge of police may, if it appears to him to
be necessary or expedient in the interests of public order to do so, in such
manner as he may think fit —
(a) control and direct the extent to which music may be played or to
which music or human speech or any other sound may be
amplified, broadcast, relayed or otherwise reproduced by artificial
means in public places;

Public Order Ordinance CAP. 9 Section 12

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Page 13

(b) control and direct the conduct of all public gatherings and specify
the route by which and the time at which any public procession may
pass;
(c) for any of the purposes aforesaid give or issue such orders as he
may consider necessary or expedient.
12 Police to be informed of meetings in designated area
(1) No public meeting or public procession shall take place in a designated
area unless the Chief of Police or the officer in charge of police in the area
concerned has first been informed in accordance with this section of the
day on which and the time and place at which the meeting or procession is
to take place.
(2) Any person intending to hold, convene, organise or form a public meeting
or a public procession in a designated area shall inform the Chief of Police
or the officer in charge of police in the area concerned in writing of his
intention to do so and of the matters specified in subsection (1) not less
than 3 clear days before the public meeting or public procession (or 24
hours before a public meeting or public procession solely for the purposes
of a funeral) is to be held, convened, organised or formed.
(3) The Minister may by order designate any island or other place a
designated area for the purposes of this Ordinance where he is satisfied
that it is in the interests of public order to do so.
(4) An order under subsection (3) shall remain in force for such period not
exceeding 3 months as may be therein specified:
Provided that the Minister shall forthwith revoke such an order where he
is satisfied that the order is no longer necessary in the interests of
public order.
13 Police powers over meetings, processions and gatherings
(1) Any police officer may prevent the holding of, stop or disperse any public
meeting or public procession which takes place or is about to take place in
contravention of section 12 (1).
(2) Any police officer may —
(a) prevent the holding of, stop, disperse or vary the place or route of
any public gathering; or
(b) stop or disperse any meeting convened or held in any premises or
place which is not a public place or any gathering or procession of
persons whatsoever or wheresoever,

Section 14 CAP. 9 Public Order Ordinance

8 of 1973 (Cap. 95 of 1973), 23 of 1974 Page 14

if he reasonably believes that the same is likely to cause or lead to a
breach of the peace.
(3) For the purpose of exercising the powers conferred by subsection (1) or
(2) a police officer may give or issue such orders as he may consider
necessary or expedient and such police officer and any other police
officer may —
(a) use such force as may be reasonable and necessary to prevent the
holding of, stop or disperse, as the case may be, the public meeting,
public procession, public gathering or other meeting, gathering or
procession of persons; and
(b) enter any premises or place whatsoever in which any meeting is
taking place or any persons are gathered.
(4) If any police officer has reason to believe that a public meeting or public
procession is likely to take place in contravention of section 12 (1) in any
public place he may cause access to that public place and to any other
public place adjacent thereto to be barred and to be closed to the public or
to any person or class of persons for such time as may be necessary to
prevent the public meeting or public procession taking place.
(5) The closure of any public place under subsection (4) shall be notified by
means of notices exhibited or physical barriers erected at the places of
access thereto or by oral public announcement in the vicinity thereof or in
such other manner as the police officer aforesaid may think fit.
(6) Any police officer may use such force as may be reasonable and necessary
to prevent any person from entering or remaining in any public place to
which access has been closed to him under this section.
14 Offences in relation to sections 11, 12 and 13
(1) Any person who —
(a) neglects or refuses to obey any order given or issued under section
11 or section 13 (3); or
(b) without the permission of any police officer on duty there, enters or
remains in a public place to which access has been closed to him
under section 13 (4),
shall be liable to a fine of $100 and to imprisonment for 1 year.
(2) Where —
(a) any public meeting or public procession takes place in
contravention of section 12 (1);

Public Order Ordinance CAP. 9 Section 15

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Page 15

(b) 3 or more persons taking part in or forming part of a public
gathering neglect or refuse to obey an order given or issued under
section 11;
(c) 3 or more persons taking part in or forming part of a public
meeting, public procession or public gathering or other meeting,
procession or gathering of persons neglect or refuse to obey an
order given or issued under section 13 (3),
the public meeting, public procession or public gathering or other
meeting, procession or gathering of persons, as the case may be, shall be
deemed to be an unlawful assembly.
(3) Where any public meeting, public procession or public gathering or other
meeting, procession or gathering of persons is deemed to be an unlawful
assembly by virtue of subsection (2) —
(a) every person who without lawful authority or reasonable excuse
takes or continues to take part in or forms or continues to form part
of any such unlawful assembly; and
(b) every person who —
(i) holds, convenes, organises, forms or collects or assists or is
concerned in the holding, convening, organising, forming or
collecting ~of any public meeting or public procession such
as is referred to in paragraph (a) of subsection (2); or
(ii) continues or attempts to continue to hold or conduct or to
direct otherwise than for the purpose of securing obedience
to an order given or issued under section 11 or section 13 (3),
any public gathering such as is referred to in paragraph (b) of
subsection (2) or any public meeting, public procession or
public gathering or other meeting, procession or gathering of
persons such as is referred to in paragraph (c) of
subsection (2),
after the same has become an unlawful assembly as aforesaid shall be
liable to a fine of $200 and to imprisonment for 2 years.
15 Disorder in public places
(1) Any person who at any public gathering acts in a disorderly manner for
the purpose of preventing the transaction of the business for which the
public gathering was called together or incites others so to act shall be
liable to a fine of $100 and to imprisonment for 1 year.
(2) Any person who behaves in a noisy or disorderly manner or uses or
distributes or displays any writing containing threatening, abusive or
insulting words with intent to provoke a breach of the peace or whereby a

Section 16 CAP. 9 Public Order Ordinance

8 of 1973 (Cap. 95 of 1973), 23 of 1974 Page 16

breach of the peace is likely to be caused shall be liable to a fine of $100
and to imprisonment for 1 year.
16 Prohibition of offensive weapons at public meetings and
processions
(1) Any person who while present at or making his way towards any public
meeting or on the occasion of any public procession has with him any
offensive weapon without lawful authority or reasonable excuse shall be
liable to a fine of $200 and to imprisonment for 2 years.
(2) In this section “offensive weapon” includes any article suitable for
causing injury to the person.
(3) For the purposes of this section a person shall not be deemed to be acting
in pursuance of lawful authority unless he is on duty as —
(a) a police officer;
(b) a special constable;
(c) a police or constabulary officer of another territory present in
Tuvalu in response to an application by the Minister;
(d) a public officer;
(e) a member of Her Majesty’s forces for Tuvalu.
(4) Where any person is convicted of an offence under subsection (1) the
court may make an order for the forfeiture of any offensive weapon in
respect of which the offence was committed.
17 Power of Chief of Police to prohibit public gatherings
(1) The Chief of Police or an officer in charge of police may, if it appears to
him to be necessary or expedient in the interests of public order, prohibit
the holding or the continuance of a particular public gathering in any area,
premises or place or on any particular day.
(2) Notice of a prohibition under subsection (1) shall be given —
(a) either orally or in writing to the person or to one of the persons
promoting, directing, organising or managing the public
gathering; or
(b) by publication, either orally or in writing, in such manner or by
posting a notice thereof in such place as the Chief of Police or the
officer in charge of police, as the case may be, may think fit.
(3) Any person who, after notice of a prohibition under subsection (1) has
been given, takes part in the promotion, direction, organisation or

Public Order Ordinance CAP. 9 Section 18

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Page 17

management of a public gathering which is held or continued in
contravention of a prohibition under subsection (1) shall be liable to a fine
of $200 and to imprisonment for 2 years.
(4) Any police officer may give or issue such orders and use such force as
may be reasonable and necessary to prevent the holding or continuance of
a public gathering the holding or continuance of which has been
prohibited under subsection (1) and to disperse any gathering of
persons thereat.
(5) Any person who neglects or refuses to obey any order given or issued
under subsection (4) shall be liable to a fine of $100 and to imprisonment
for 1 year.
18 Power of Minister to prohibit public gatherings
(1) The Minister may, if he is satisfied that by reason of particular
circumstances existing in Tuvalu or in any part thereof it is necessary for
the prevention of serious public disorder to prohibit the holding of public
gatherings throughout Tuvalu or in any part thereof, by order prohibit the
holding in Tuvalu or in any part thereof of all public gatherings or of any
class of public gatherings.
(2) An order under subsection (1) shall remain in force for such period not
exceeding 3 months as may be therein specified:
Provided that the Minister shall forthwith revoke such an order where he
is satisfied that the order is no longer necessary for the prevention of
serious public disorder.
(3) Any person who —
(a) takes· part in the promotion, direction, organisation or management
of a public gathering which is held or intended to be held in
contravention of an order under subsection (1); or
(b) takes part in or attends or incites any other person to take part in or
attend any such public gathering,
shall be liable to a fine of $200 and to imprisonment for 2 years.
19 Proof of certain matters
A certificate purporting to be under the hand of the Chief of Police or an officer
in charge of police specifying —
(a) the terms and date of any order given or issued under section 11;
(b) the terms, date and method of giving notice of any prohibition or
order given or issued under section 17 (1) or 17 (4),

Section 20 CAP. 9 Public Order Ordinance

8 of 1973 (Cap. 95 of 1973), 23 of 1974 Page 18

shall be prima facie evidence of such matter contained in such certificate in all
legal proceedings.
PART IV – UNLAWFUL ASSEMBLIES, RIOTS AND
SIMILAR OFFENCES
20 Unlawful assembly
(1) When 3 or more persons —
(a) assemble or are assembled with intent to commit an offence; or
(b) being assembled conduct themselves in a manner intended or likely
to cause any person reasonably to fear that the persons so
assembled will commit a breach of the peace or will by such
conduct provoke other persons to commit a breach of the peace,
they are an unlawful assembly.
(2) It is immaterial that the original assembly was lawful if being assembled
the persons concerned —
(a) remain assembled with intent to commit an offence; or
(b) conduct themselves in the manner described in paragraph (b) of
subsection (1).
(3) Any person who takes part in an assembly which is an unlawful assembly
by virtue of subsection (1) shall be liable to a fine of $100 and to
imprisonment for 1 year.
21 Riot
(1) When any person taking part in an assembly which is an unlawful
assembly by virtue of section 20 (1) commits a breach of the peace the
assembly is a riot.
(2) Any person who takes part in a riot shall be liable to a fine of $200 and to
imprisonment for 2 years.
22 Rioters demolishing buildings, etc.
(1) Any person taking part in a riot who unlawfully pulls down or destroys or
begins to pull down or destroy any building, machinery, structure, vehicle,
vessel or aircraft shall be liable to imprisonment for 14 years.

Public Order Ordinance CAP. 9 Section 23

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Page 19

(2) A person may be convicted of an offence under this section whether or not
he has been charged with or convicted of any other offence under this
Part.
23 Rioters damaging buildings, etc.
(1) Any person taking part in a riot who unlawfully damages any of the things
specified in section 22 shall be liable to imprisonment for 7 years.
(2) A person may be convicted of an offence under this section whether or not
he has been charged with or convicted of any other offence under
this Part.
24 Riotously interfering with vehicles, etc.
(1) Any person taking part in a riot who unlawfully and with force prevents,
hinders or obstructs the loading or unloading or the movement of any
vehicle, vessel or aircraft or unlawfully and with force boards any vehicle,
vessel or aircraft with intent to do so shall be liable to a fine of $200 and
to imprisonment for 2 years.
(2) A person may be convicted of an offence under this section whether or not
he has been charged with or convicted of any other offence under
this Part.
25 Going armed in public
(1) Any person who goes armed in public without lawful authority or
reasonable excuse in such a manner as to cause terror to any person shall
be liable to a fine of $200 and to imprisonment for 2 years.
(2) For the purposes of this section a person shall not be deemed to be acting
in pursuance of lawful authority unless he is on duty in one of the
capacities specified in section 16 (3).
(3) Where any person is convicted of an offence under subsection (1) the
court may make an order for the forfeiture of any weapon in respect of
which the offence was committed.
26 Forcible entry
(1) Any person who enters on any land or premises in a violent manner,
whether or not he is entitled to ~enter thereon and whether such violence
consists in actual force applied to any other person or in threats or in

Section 27 CAP. 9 Public Order Ordinance

8 of 1973 (Cap. 95 of 1973), 23 of 1974 Page 20

breaking open any building or in collecting an unusual number of people,
shall be liable to a fine of $200 and to imprisonment for 2 years.
(2) Nothing in this section shall make it an offence for a person to enter upon
his own land or premises if they are in his possession or in the custody of
his servant or agent.
27 Forcible detainer
Any person who, being in unlawful possession of land or premises, holds
possession of them against a person entitled by law to the possession of them in
a manner likely to cause a breach of the peace or to cause any person reasonably
to fear that a breach of the peace may occur shall be liable to a fine of $200 and
to imprisonment for 2 years.
28 Fighting
Any person who takes part in an unlawful fight shall be liable to a fine of $100
and to imprisonment for 1 year.
29 Proposing violence at public gatherings
Any person who without lawful authority at any public gathering makes any
statement or behaves in a manner indicating or implying that it is or might be
desirable to do an act calculated —
(a) to kill or cause physical injury to any person or to any class or
community of persons;
(b) to destroy or cause damage to any property; or
(c) to deprive any person by force or fear of the possession or use of
any property either permanently or temporarily,
shall be liable to a fine of $200 and to imprisonment for 2 years.
PART V – INTIMIDATION
30 Intimidation
Any person who without lawful authority or reasonable excuse does or says
anything or behaves in a manner or utters or distributes any publication which is
likely to make some other person apprehensive as to what may happen —

Public Order Ordinance CAP. 9 Section 31

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Page 21

(a) to such other person or to any member of the family or any
dependant of such other person;
(b) to any property, business, undertaking or interest of such other
person or of any member of the family or any dependant of such
other person;
(c) to any building or place occupied by such other person or by any
member of the family or any dependant of such other person; or
(d) to any business or undertaking in which such other person or any
member of the family or any dependant of such other person is
employed,
shall be liable to a fine of $200 and to imprisonment for 2 years.
31 Directing, organising, etc., intimidation
Any person who directs, organises, arranges, encourages, counsels, causes,
procures or commands any intimidation which is an offence under section 30
shall be liable to a fine of $300 and to imprisonment for 3 years.
PART VI – CONTROL OF PLACES, VESSELS, OFFENSIVE
WEAPONS, ETC.
32 Curfew orders
(1) The Minister may, if he is satisfied that it is necessary in the interests of
public order to do so, by order (hereinafter referred to as a curfew order)
direct that within such area and during such hours as may be specified in
the curfew order every person or, as the case may be, every member of
any class of persons specified in the curfew order shall, save under and in
accordance with a written permit issued under subsection (3), be and
remain inside a building or enclosed premises.
(2) A curfew order shall remain in force for such period not exceeding 1
month as may be therein specified:
Provided that the Minister shall forthwith revoke a curfew order where he
is satisfied that the order is no longer necessary in the interests of public
order.
(3) The Chief of Police or an officer in charge of police may issue to any
person a written permit for the purposes of subsection (1).
(4) A permit issued under subsection (3) shall be subject to such terms and
conditions as the Chief of Police or the officer in charge of police, as the

Section 33 CAP. 9 Public Order Ordinance

8 of 1973 (Cap. 95 of 1973), 23 of 1974 Page 22

case may be, thinks fit and may be revoked by the Chief of Police or the
officer in charge of police at any time.
(5) Upon revocation of a permit under subsection (3) the Chief of Police or
the officer in charge of police, as the case may be, shall serve on the
permit holder either personally or by post notice in writing of the
revocation and upon receipt of the notice the permit holder shall forthwith
surrender his permit.
(6) Any person who contravenes —
(a) any of the provisions of a curfew order; or
(b) any term or condition to which a permit issued under subsection (3)
is subject,
shall be liable to a fine of $200 and to imprisonment for 2 years.
(7) Notwithstanding the provisions of this section the following persons shall
not be subject to or obliged to comply with any of the provisions of a
curfew order when on duty or proceeding to or from duty —
(a) a police officer;
(b) a special constable;
(c) a police or constabulary officer of another territory present in
Tuvalu in response to an application by the Minister;
(d) a member of Her Majesty’s forces for Tuvalu;
(e) a member of the Medical Staff;
(f) a member of any Government service or department or of any other
class of persons designated by the Minister by notice for the
purposes of a particular curfew order.
(8) Whenever the Minister considers it necessary a curfew order may provide
that subsection (7) shall not apply in the case of that curfew order with
respect to such of the persons specified in that subsection as may be
prescribed by the curfew order.
33 Carrying offensive weapons during a curfew
(1) Any person who without lawful authority or reasonable excuse carries or
has in his possession in any area in which a curfew order is in force and
during the hours during which the curfew imposed thereby is operative
any offensive weapon shall be liable to a fine of $300 and to
imprisonment for 3 years.
(2) For the purposes of this section a person shall not be deemed to be acting
in pursuance of lawful authority unless he is on duty in one of the
capacities specified in section 16 (3).

Public Order Ordinance CAP. 9 Section 34

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Page 23

(3) A person shall not be convicted of an offence under this section if he
proves to the satisfaction of the court that he carried or had in his
possession the offensive weapon solely for domestic or defensive
purposes within a building or enclosed premises which he was lawfully
occupying or in which he was lawfully present.
(4) Where any person is convicted of an offence under subsection (1) the
court may make an order for the forfeiture of any offensive weapon in
respect of which the offence was committed.
34 Prohibition of offensive weapons in public places
(1) Any person who without lawful authority or reasonable excuse has with
him in any public place any offensive weapon shall be liable to a fine of
$100 and to imprisonment for 1 year.
(2) For the purposes of this section a person shall not be deemed to be acting
in pursuance of lawful authority unless he is on duty in one of the
capacities specified in section 16 (3).
(3) Where any person is convicted of an offence under subsection (1) the
court may make an order for the forfeiture of any offensive weapon in
respect of which the offence was committed.
35 Power of Minister to prohibit the movement of vessels or aircraft
(1) The Minister may, if he is satisfied that it is necessary in the interests of
public order to do so, by order prohibit or control the landing, taking off
or movement of any aircraft or class of aircraft or the movement or
anchorage of any vessel or the use of any waters in Tuvalu by all vessels
or any vessel or class of vessel during such hours and for such a period
and subject to such conditions as may be specified in the order.
(2) Any person who contravenes an order under subsection (1) shall be liable
to a fine of $200 and to imprisonment for 2 years.
(3) Any police officer or other public officer may take such steps and use
such force as may be reasonable and necessary to secure compliance with
any order under subsection (1).
36 Detention of vessels and aircraft
(1) The Minister may, if he is satisfied that it is necessary in the interests of
public order to do so, give such orders as may appear to him to be
necessary for the detention of any vessel or aircraft or any class of vessel
or aircraft and for the detention of any of the persons on board the vessel

Section 37 CAP. 9 Public Order Ordinance

8 of 1973 (Cap. 95 of 1973), 23 of 1974 Page 24

or aircraft so far as this may be necessary to ensure the detention of the
vessel or aircraft.
(2) Any person detained under subsection (1) shall be deemed to be in
lawful custody.
(3) Any police officer or other public officer may in relation to any vessel or
aircraft or any persons on board take such steps and use such force as may
be reasonable and necessary to secure compliance with any order under
subsection (1).
(4) The Minister may give orders for the release of any vessel, aircraft or
person detained under this section and for the departure thereof
from Tuvalu.
(5) In this section “person on board” means any person who is or was on
board the vessel or aircraft —
(a) at the time of its arrival in Tuvalu; or
(b) at the time of its detention under this section; or
(c) at any time between the time of its arrival or detention and its final
departure from Tuvalu.
(6) This section shall be in addition to and not in derogation of any other law
in relation to the deportation, removal or expulsion of persons
from Tuvalu.
PART VII – CLOSED AREAS
37 Closed areas
(1) The Minister may, if he is satisfied that by reason of particular
circumstances existing in Tuvalu or in any other part thereof it is
necessary for the prevention of serious public disorder to do so, by order
declare any island or other place to be a closed area.
(2) An order under subsection (1) shall remain in force for such period not
exceeding 3 months as may be therein specified:
Provided that the Minister shall forthwith revoke such an order where he
is satisfied that the order is no longer necessary for the prevention of
serious public disorder.
(3) The Chief of Police or an officer in charge of police and such other person
as may be designated in any order under subsection (1) may cause a
closed area to be closed by the erection of barriers or otherwise.

Public Order Ordinance CAP. 9 Section 38

8 of 1973 (Cap. 95 of 1973), 23 of 1974

Page 25

38 Permits to enter and leave closed areas
(1) In the case of any closed area a written permit may be issued —
(a) by the Chief of Police or an officer in charge of police; or
(b) by such authority or person as may be designated for that purpose
by the Minister in any order under section 37,
to any person permitting that person to enter or leave the closed area.
(2) A permit issued under subsection (1) shall be subject to such terms and
conditions as the person by whom it is issued thinks fit and may be
revoked by such person at any time.
(3) Upon revocation of a permit under this section the person revoking the
permit shall serve on the permit holder either personally or by post notice
in writing of the revocation and upon receipt of the notice the permit
holder shall forthwith surrender his permit.
39 Prohibition on entering or leaving closed area without permit
(1) Any person who —
(a) enters or leaves a closed area save under and in accordance with a
permit issued under section 38 (1); or
(b) contravenes any term or condition to which any such permit is
subject,
shall be liable to a fine of $200 and to imprisonment for 2 years.
(2) No offence shall be committed under subsection (1) if the person entering
or leaving a closed area is a police officer or other public officer acting in
the course of his duty.
40 Power of arrest
(1) Without prejudice to the provisions of this Ordinance or of any other law
any police officer or guard may without warrant arrest —
(a) any person whom he finds in a closed area if he has reason to
suspect that such person has committed or is about to commit any
offence;
(b) any person whom he finds committing an offence in a closed area;.
(c) any person whom he finds attempting to enter a closed area if he
has reason to suspect that such person has not been issued with a
permit under section 38 (1) and is not a police officer or other
public officer acting in the course of his duty,

Section 41 CAP. 9 Public Order Ordinance

8 of 1973 (Cap. 95 of 1973), 23 of 1974 Page 26

and may use such force as may be reasonable and necessary for
the purpose.
(2) Any person arrested under subsection (1) by a guard shall be delivered
into the custody of a police officer as soon as practicable.
(3) Any police officer may —
(a) detain any person found in a closed area who has entered the closed
area in contravention of section 39, or has contravened any term or
condition to which a permit issued to him under section 38 (1) is
subject, for such time as may be necessary to ensure his orderly
removal therefrom; and
(b) remove from a closed area any person such as is referred to in
paragraph (a).
(4) In this section “guard” means —
(a) any person appointed to guard a closed area by the Minister; and
(b) any person appointed to’ guard a closed area by such authority or
person as may be designated for that purpose by the Minister in any
order under section 37.
PART VIII – GENERAL
41 Procedure where consent of Attorney General to
prosecution required
Where in this Ordinance it is provided that no prosecution for an offence shall be
instituted without the consent of the Attorney-General a person may be arrested
or a warrant of arrest may be issued and executed for such offence and any such
person may be remanded in custody or on bail notwithstanding that the consent
of the Attorney-General to the institution of a prosecution for the offence has not
been obtained, but no further or other proceedings shall be taken unless that
consent has been obtained.
42 Police powers of arrest
Any police officer may without warrant arrest any person committing or
reasonably suspected of being about to commit or of having committed any
offence under this Ordinance.

Public Order Ordinance CAP. 9 Section 43

8 of 1973 (Cap. 95 of 1973), 23 of 1974

Page 27

43 Use of force
Without prejudice to any other powers conferred by this Ordinance any police
officer may use such force as may be both reasonable and necessary —
(a) to prevent the commission or continuance of any offence under
this Ordinance;
(b) to effect an arrest in accordance with section 42;
(c) to overcome any resistance to the exercise of any of the powers
conferred by this Ordinance.
44 Offences by societies, etc.
Where any offence under this Ordinance is committed by any society, every
person charged with or concerned or acting in the control or management of the
affairs or activities of such society shall be guilty of that offence and liable to be
punished accordingly unless it is proved by such person that through no act or
omission on his part he was not aware that the offence was being or was
intended or was about to be committed, or that he took all reasonable steps to
prevent its commission.
45 Power of entry and search
(1) Without prejudice to any other provision of this Ordinance any officer in
charge of police and any police officer of or above the rank of Sergeant
with the assistance of such other police officers as may be necessary
may —
(a) enter and search any premises or place whatsoever if he knows or
has reason to suspect that an offence under this Ordinance is being
or has been committed therein or that there is therein any evidence
of the commission of an offence under this Ordinance;
(b) search any person found in any premises or place which he may
enter and search under paragraph (a) ;
(c) stop, board and search any vessel or stop and search any vehicle if
he knows or has reason to suspect that there is therein any evidence
of the commission of an offence under this Ordinance;
(d) seize, remove and detain anything which is or contains or appears
to him to be or to contain or to be likely to be or to contain evidence
of the commission of an offence under this Ordinance.
(2) Any police officer may use such force as may be reasonable and necessary
for the exercise of the powers conferred by subsection (1) and any person
found in any premises or place or in any vessel or vehicle may be detained

Section 46 CAP. 9 Public Order Ordinance

8 of 1973 (Cap. 95 of 1973), 23 of 1974 Page 28

by any police officer until that person has been searched under
subsection (1).
(3) Any police officer may, using such force as may be reasonable and
necessary, enter any premises or place whatsoever if he knows or has
reason to suspect that —
(a) any person who has lately been in an unlawful assembly or a riot or
engaged in any unlawful purpose has escaped into such premises or
place; or
(b) persons about to commit a breach of the peace are
assembled therein.
(4) A woman shall not be searched under this section except by a woman.
46 Proof of lawful authority or reasonable excuse
In any proceedings for an offence under this Ordinance the proof of lawful
authority or reasonable excuse shall lie on the person charged with the offence.
47 Power to require identifications
Any police officer may, for the purpose of preventing or detecting an offence
under this Ordinance, require any person to give his correct name and address
and to produce any document in his possession by which he can be identified
and any person failing to comply with such a requirement shall be liable to a fine
of $50 and to imprisonment for 6 months.
48 Obstruction
(1) Any person who obstructs a police officer or any other person exercising
any power or performing any duty conferred or imposed on him by or
under this Ordinance shall be liable to a fine of $50 and to imprisonment
for 6 months.
(2) This section shall be without prejudice to section 117 of the Penal Code.
Cap.8
49 Power of Minister to give directions
(1) The Minister may give such directions as he thinks fit with respect to the
exercise or performance by the Chief of Police, an officer in charge of
police or any police officer of the powers, functions or duties conferred or
imposed on him by or under this Ordinance, either generally or in any
particular case.

Public Order Ordinance CAP. 9 Section 50

8 of 1973 (Cap. 95 of 1973), 23 of 1974

Page 29

(2) The Chief of Police, an officer in charge of police and any police officer
shall in the exercise or performance of the powers, functions or duties
referred to in subsection (1) comply with any directions given by the
Minister under that subsection.
50 Delegation of powers
The Chief of Police may —
(a) delegate to any police officer of or above the rank of Sergeant any
of the powers conferred on him by section 4, 11, 32 or 38; and
(b) delegate to any police officer of or above the rank of Inspector the
power conferred on him by section 17.
51 Indemnity to persons acting under Ordinance
(1) Any person who uses such force as may be both reasonable and necessary
for any purpose in accordance with this Ordinance shall not be liable in
any criminal or civil proceedings for having by the use of such force
caused injury or death to any person or damage to or loss of any property.
(2) Without prejudice to subsection (1) no police officer or other public
officer or special constable or guard as defined by section 40 (4) or other
person shall be liable in damages or otherwise for any act done by him in
the performance or exercise of any obligation, duty or power imposed or
conferred on him by this Ordinance.

Endnotes CAP. 9 Public Order Ordinance

8 of 1973 (Cap. 95 of 1973), 23 of 1974 Page 30

ENDNOTES
Table of Legislation History
Legislation Year and No Commencement

Table of Renumbered Provisions
Original Current

Table of Endnote References