FIJI MILITARY GOVERNMENT

DECREE NO. 16

MAGISTRATES' COURTS (CHAPTER 14) AMENDMENT DECREE 1987 (NO. 16)

IN exercise of the powers vested in me as Commander and Head of the Fiji Military Government, I hereby make the following Decree:

1. This Decree may be cited as the Magistrates' Courts (Chapter 14) Amendment Decree 1987 (No. 16) (hereafter the Decree).

2. The Magistrates' Courts Act (Chapter 14) (the Act) shall be amended as follows:

(a) Delete Section 16(1) (d) from the Act.

3. The Judicial Advisory Commission shall be empowered to appoint persons as Resident Magistrates notwithstanding that these persons are not admitted as barristers and solicitors in Fiji, or have the qualifications specified in paragraphs (a), (b) and (c) of section 4 of the Legal Practitioners Act.

4. Section 7(1) of the Act shall be read so as to conform to section 3 of this Decree.

5. Sections 17, 20, 25 and 26 of the Act shall be read so that the reference to the exercise of criminal jurisdiction and the powers conferred on magistrates by the Criminal Procedure Code or any other existing law shall not extend to the issuing of writs of habeas corpus for the production before the Court of any person alleged upon oath to be wrongfully imprisoned and detained and shall not extend to the making of any further orders thereon.

6. This Decree shall take effect on and from 27th October, 1987.

Dated this 27th day of October, 1987.

COLONEL SITIVENI LIGAMAMADA RABUKA, O.B.E. (Mil.)
Commander and Head of the Fiji Military Government

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