The Minister of Justice and Attorney General, Hon ‘Alisi Taumoepeau released the following press statement that Tonga is not under martial law.

“I want to clarify that Tonga is not under martial law.  I have heard some people say that Tonga is under martial law - this is not correct.  People just say martial law because they see the police and army at the road blocks – they are there because new temporary regulations have been published to allow it.  Martial law is when military law applies instead of the country’s laws that have been made by Parliament over the years. Today Tonga’s normal laws apply as they have always done.  Part of the normal law is provisions to cover emergencies and these laws have now been activated to deal with the emergencies.  The last time these were used in Tonga was to control the supply of fuel in 1974 during a shortage. Such regulations are often made after a natural disaster in other places,” said the Minister.

The Hon Minister went on to say that “New regulations under the Emergency Powers Act were made on Friday 17th November – The Emergency Powers (Maintenance of Public Order) Regulations 2006 will last for 30 days and may be renewed if necessary. These regulations list the emergency powers given to the Tonga Police and Defence Services for the purpose of preserving public order. The powers include restricting access to roads, dispersing meetings and processions, searching people, arrest of suspects for up to 48 hours.  There is a power in the regulations to impose a curfew but this has not been necessary.”

The only other new law made to handle the emergency is an Order under the Public Order (Preservation) Act that proclaims the city centre area to be under the control of the Police for the purpose of maintaining public order.

The Hon Minister confirmed that the New Zealand and Australian army and police personnel in the country are operating under the same rules as apply to the Tonga police and defence services and everyone is being careful to operate in accordance with the law. “That is why the central area of Nuku’alofa is likely to be cordoned off for another couple of weeks – because it is a crime scene and there are police and forensic experts in there getting evidence for use in the coming trials of those charged with breaking the law.”

 

For further information, please contact:

Steven Finau

Prime Ministers Office

Ph: 24 644