Solomon Islands Courts Order 1975
| Jurisdiction | UK Non-devolved |
| Citation | SI 1975/1511 |
| Year | 1975 |
1975 No. 1511
PACIFIC ISLANDS
The Solomon Islands Courts Order 197517thSeptember 1975
24thSeptember 1975
On a day, to be appointed under section 1(2)
At the Court at Balmoral, the 17th day of September 1975
Present,
The Queen's Most Excellent Majesty in Council
Her Majesty, by virtue and in exercise of the powers in that behalf by the Foreign Jurisdiction Act 1890(a), sections 17 and 20 of the Fugitive Offenders Act 1967(b), section 56 of the Administration of Justice Act 1956(c), section 12 of the Colonial Courts of Admiralty Act 1890(d), or otherwise in Her Majesty vested, is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows:—
Citation and commencement.
1.—(1) This Order may be cited as the Solomon Islands Courts Order 1975.
(2) This Order shall be published in the Gazette and shall come into operation on such day thereafter as the Governor by proclamation published in like manner shall appoint, which day shall not be earlier than 16th October 1975.
Interpretation.
2.—(1) In this Order—
"the amended Constitution" means the Constitution as amended by this Order;
"the appointed day" means the day appointed under section 1(2) of this Order;
"the Constitution" means the Constitution set out in the Schedule to the British Solomon Islands Order 1974(e) as amended by the British Solomon Islands (Amendment) Order 1975(f);
"the former High Court" means the High Court of the Western Pacific as reconstituted by the Western Pacific (Courts) Order in Council 1961(g);
"the High Court" means the High Court of the Solomon Islands established by Chapter IVA of the amended Constitution;
"the Order of 1893" means the Pacific Order in Council 1893(h) as from time to time amended;
(a) 1890 c. 37.
(b) 1967 c. 68.
(c) 1956 c. 46.
(d) 1890 c. 27.
(e) S.I. 1974/1262 (1974 II, p. 4785).
(f) S.I. 1975/807 (1975 II, p. 2888).
(g) S.I. 1961/1506 (1961 II, p. 3066).
(h) Rev. VIII, p. 597: 1893, p. 312.
"the Order of 1961" means the Western Pacific (Courts) Order in Council 1961 as from time to time amended.
(2) Unless the context otherwise requires, the provisions of section 69 of the amended Constitution shall apply for the purpose of interpreting this Order and otherwise in relation thereto as they apply for the purpose of interpreting and in relation to the amended Constitution.
Insertion of new Chapter IVA in Constitution.
3. The Constitution is amended by inserting therein immediately after Chapter IV the following new Chapter—
"CHAPTER IVA
THE JUDICIARY
THE HIGH COURT
Establishment of High Court.
65A.—(1) There shall be a High Court for the Solomon Islands which shall be a superior court of record with such jurisdiction and powers as may be prescribed by this Constitution or by any law for the time being in force in the Solomon Islands.
(2) The judges of the High Court shall be the Chief Justice and such number of Puisne Judges as may be prescribed by the Governor by instrument under the public seal in pursuance of instructions given to him by Her Majesty through a Secretary of State.
Appointment of judges of High Court.
65B.—(1) The judges of the High Court shall be appointed by the Governor by instrument under the public seal in pursuance of instructions given to him by Her Majesty through a Secretary of State.
(2) A person shall not be qualified for appointment as a judge of the High Court unless—
(a) he is or has been a judge of a court having unlimited jurisdiction in civil and criminal matters in some part of the Commonwealth or in the Republic of Ireland, or a court having jurisdiction in appeals from any such court; or
(b) he is qualified to practise as an advocate in such a court and he has been qualified for not less than five years to practise as an advocate or solicitor in such a court.
(3) In computing, for the purposes of subsection (2) of this section, the period during which any person has been qualified to practise as an advocate or solicitor, any period during which he has held judicial office after becoming so qualified shall be included.
(4) It shall be lawful for a suitably qualified person to be appointed (regardless of his age) as a judge of the High Court for such term as may be specified in the instrument of appointment and the provisions of this Constitution shall have effect in relation to any person so appointed as if he would attain the age of sixty-two years on the day on which the specified term expires.
Acting judges and Commissioners of High Court.
65C.—(1) If the office of Chief Justice is vacant or the Governor is satisfied that the Chief Justice is for any reason unable to perform the functions of his office, the Governor, acting in his discretion, may appoint a Puisne Judge or some other person qualified for appointment as a judge to act as Chief Justice.
(2) If the office of a Puisne Judge is vacant or if a person holding the office of Puisne Judge is for any reason unable to perform the functions of his office, the Governor, acting in his discretion, may appoint a person qualified for appointment as a judge of the High Court to act as a Puisne Judge.
(3) Any person appointed under the provisions of this section to act as a judge shall, unless he earlier resigns his acting office or is removed therefrom under section 65D of this Constitution, continue so to act until the end of the period for which he was appointed or, if he was not appointed for a specified period, until his appointment is revoked by the Governor, acting in his discretion.
(4) Whenever he is satisfied that no judge is available to attend to the business of the High Court, the Governor, acting in his discretion, may by instrument under the public seal appoint some person to perform—
(a) all or any of the functions of a judge, either generally or in respect of any particular case or class of cases ;
(b) such functions of a judge as it shall appear to that person require to be performed without delay,
subject to such limitations and conditions, if any, as may be specified in such instrument.
(5) Any person appointed under the provisions of subsection (4) of this section shall be styled a Commissioner of the High Court; all things done by him in accordance with the terms of his appointment shall have the same validity and effect as if they had been done by a judge ; in respect thereof he shall have the same powers and enjoy the same immunities as if he had been a judge ; and, notwithstanding that the period of his appointment has expired or his appointment has been revoked, he may sit as a Commissioner of the High Court for the purpose of giving judgment or otherwise in relation to any proceedings commenced before him whilst his appointment was subsisting.
Tenure of office of judges of the High Court.
65D.—(1) Subject to...
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