In order to understand some of the laws that exist in Tonga, it is important that we explore the legal system in Tonga before western influence.

The Kingdom of Tonga is the only remaining island Kingdom in the South Pacific. Unlike the other Pacific Island Countries, Tonga was never formally colonized by western powers. However before the colonial period Tonga, like many other Pacific Island Countries in the 18th to mid 19th century did not have an established government nor an instituted legal system. Hence the Tongan society was governed by local customs, traditions and practices which were well-constructed in the communities. These customs were largely based on royal orders and prerogative commands of their leaders and local chiefs. Such customs were subject to calamity, due to unforeseen natural causes and conflicts between the leaders and local subjects.

Tonga has one of the oldest Constitutions in the world, it was enacted in 1875 and it marks the birth of Modern Tonga. Interestingly the Tongan legal system in modern day does not recognize that Tonga has “customary laws”. But some of the provisions in the Tongan laws reflect Tonga’s customary and religious values. Let’s have a look at some of these laws –

(1) Offence not to look after an indigent person

The closest relative of a indigent (poverty-stricken) person(s) may be prosecuted for not maintaining such indigent person.

Penalties

Court order closest relative to maintain the indigent person;

Imprisonment not exceeding 3 months; or

Fine not exceeding $20.

(2) Offence to be job-less

An able-bodied male person above the age of 16 years who appears to the police to have no employment or professional nor means of providing for himself or those that depend on him or have failed to plant and provide sufficient food to keep himself and those that depend on him may be charged before the court for idleness.

Penalties

Court order for male person to plan food;

Imprisonment not exceeding 12 months (upon re-offence); or

Whipping not to exceed 25 lashes.

(3) Offence not to plant food stuffs

An able-bodied male person above the age of 16 years who has failed to plant sufficient food to keep himself and those who depend on him may be charged before the Court with having failed to plant food stuffs

Penalties

Court order for male to plan food sufficient for himself and those who depend on him; or

Imprisonment not exceeding 3 months (upon re-offence).

(4) All males are to build a dwelling house

Every male Tongan who has reached the age of 21 years shall build a dwelling house upon his allotment. Where native materials are used the dwelling house shall not be less than 3 metres in length.

(5) All dwelling houses are to be inspected

Inspection of dwellings shall be made annually and if any house is of bad repair or badly drained or in filthy condition or unfit to sleep in, the District Officer shall order the owner to pull it down and rebuild it properly.

Penalty

Failure to obey these orders is conviction to a fine not exceeding $20.

(6) Travellers may drink coconuts

Any person travelling to a distant place upon a Government road if he be thirsty may peel and drink coconuts growing by the roadside in any main road, but it is unlawful for him to carry away any nuts but only to relieve his thirst.

(7) Vessels in distress

If any vessel lands on an island in distress, it is lawful for the crew to drink the coconuts and eat the fruit of any trees growing in such island but it is unlawful for them to carry away anything beyond what is necessary for their bare support until they reach some port. If found guilty, they are liable to the penalty for theft.

(8) Unlawful to ride past nobles

It is unlawful to pass any nobles on horseback or in any vehicle without stopping until the noble has passed and saluting by raising the hand.

(9) Unlawful to wear a turban, have hair dressed in lime, wear a sulu without a belt or be without a ta’ovala in the presence of any nobles

(10) A person under the age of 14 years found after the hour of 8.30pm at night in any place of public amusement or in any public place whatsoever unaccompanied by his parent or guardian shall be liable on conviction to either a nominal fine, whipping (if male under the age of 16) or guardian or parent of defendant is to pay a fine not exceeding $100.

(11) Tax allotment holders to plant 200 coconut trees

All male Tongan subject who has been granted a tax allotment shall within a year grown on such allotment 200 coconut trees planted in rows and so arranged that the trees are 9 metres apart or 4.5 metres apart in rows 18 metres distant from each other. Every holder is responsible for keeping the place reasonably clean and free from weeds.

Penalties

Fines not exceeding $50

(12) All dog collars must have the name of the owner of the dog legibly inscribed on it.

(13) Penalty for non-attendance to a great village fono is $3, penalty for non-attendance to a noble’s fono is $2 and penalty for non-attendance to an ordinary fono is $1

(14) Any person who creates or causes any unnecessary noise, engaged in any construction, gardening or agricultural works, purchases or sells goods or services, practises his trade or profession or conducts any undertaking of a commercial nature, engaged in sports, dancing or fishing on a Sabbath Day commits an offence.

Penalties

Fine not exceeding $100;

Imprisonment not exceeding 6 months ; or both.

(15) Offence to beg and cause a nuisance by begging in a public place.

Disclaimer – This article was solely written for information purposes and it should be not be relied upon in any situation.