PNG Constitution - Section 1 - 10
Note: This document is to be used as a guide only.
It has been provided as an uncertified, unverified copy. Please consult
the relevant people to obtain a genuine copy of the PNG Constitution.
1. THE INDEPENDENT STATE OF PAPUA NEW GUINEA.
(1) Papua New Guinea is a sovereign, independent State by the name of
the Independent State of Papua New Guinea.
(2) The name of the Independent State of Papua New Guinea and its variants
shall be protected by an Act of the Parliament.
2. THE AREA OF PAPUA NEW GUINEA.
(1) The area of Papua New Guinea consists of the area that, immediately
before Independence Day, constituted what was then known as Papua New
Guinea, together with all internal waters and the territorial sea and
underlying lands, and, subject to disclaimer by resolution of the Parliament
at or before the end of its next meeting, includes such neighbouring
waters and such lands underlying any such waters, and such additional
lands and waters, as are declared by the Head of State, acting with,
and in accordance with, the advice of the National Executive Council,
to be part of that area.
(2) The sovereignty of Papua New Guinea over its territory, and over
the natural resources of its territory, is and shall remain absolute,
subject only to such obligations at international law as are freely accepted
by Papua New Guinea in accordance with this Constitution.
3. NATIONAL SYMBOLS.
(1) Acts of the Parliament may make provision for and in respect of–
(a) a National Flag; and
(b) a National Emblem; and
(c) a National Motto; and
(d) a National Seal; and
(e) a National Anthem.
(2) Until such time as other provision is made in accordance with Subsection
(1), the National Flag, National Emblem and National Seal are those that
were in use immediately before Independence Day.
4. NATIONAL CAPITAL DISTRICT.
(1) There shall be a National Capital District.
(2) The Seat of Government shall be in the National Capital District.
(3) The boundaries of the National Capital District shall be as defined
by an Organic Law.
(4) An Organic Law or an Act of the Parliament shall make provision
in respect of the government of the National Capital District.
(5) In calculating the number of provincial electorates in accordance
with Section 125 (electorates), the National Capital District
shall be taken into account as if it were a province.
5. PROVINCES.
(1) An Organic Law may declare, or make provision in respect of the
declaration of, part of the country as provinces.
(2) An Organic Law may provide for, or make provision in respect of,
the creation of new provinces by the amalgamation or division of existing
provinces or for the variation of the boundaries of a province.
6. DECLARATION OF LOYALTY.
Where a law requires a Declaration of Loyalty to be made, it shall be
made in the following form:–
“I,..., realizing fully the responsibilities to which
I am committing myself and the consequences of not living up to this
Declaration and those responsibilities, freely and willingly declare
my loyalty to the Independent State of Papua New Guinea and its People
and to the Constitution of Papua New Guinea adopted by the Constituent
Assembly on 15 August 1975, as altered from time to time in accordance
with its provisions, and promise that I will uphold the Constitution
and the laws of Papua New Guinea.”
.
7. OATH OF ALLEGIANCE.
Where a law requires an Oath of Allegiance or Affirmation of Allegiance
to be made, it shall be made in the following form:–
“Oath of Allegiance.
I,........................., do swear that I will well and truly serve and
bear true allegiance to Her Majesty Queen Elizabeth II. Her heirs and successors
according to law.
SO HELP ME GOD.
Affirmation of Allegiance.
I,........................., do promise and affirm that I will well and truly
serve Her Majesty Queen Elizabeth II. Her heirs and successors according to
law.”
.
Division 2. – Interpretation.
8. PRINCIPLES OF INTERPRETATION.
For the purpose of the interpretation of this Constitution and the Organic
Laws, the provisions of Schedule 1 (Rules for Shortening and Interpretation
of the Constitutional Laws) applies and, subject to that Schedule,
the underlying law applies.
PART II. – THE NATIONAL LEGAL SYSTEM.
Division 1. – The Laws of Papua New Guinea.
9. THE LAWS.
The laws of Papua New Guinea consist of–
(a) this Constitution; and
(b) the Organic Laws; and
(c) the Acts of the Parliament; and
(d) Emergency Regulations; and
(da) the provincial laws; and
(e) laws made under or adopted by or under this Constitution or any
of those laws, including subordinate legislative enactments made under this
Constitution or any of those laws; and
(f) the underlying law,
and none other.
10. CONSTRUCTION OF WRITTEN LAWS.
All written laws (other than this Constitution) shall be read and construed
subject to–
(a) in any case–this Constitution; and
(b) in the case of Acts of the Parliament–any relevant Organic
Laws; and
(c) in the case of adopted laws or subordinate legislative enactments–the
Organic Laws and the laws by or under which they were enacted or made,
and so as not to exceed the authority to make them properly given, to
the intent that where any such law would, but for this section, have
been in excess of the authority so given it shall nevertheless be a valid
law to the extent to which it is not in excess of that authority.
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