TONGA

NATIONALITY (AMENDMENT) ACT 1991

Act 2 of 1991

AN ACT TO AMEND THE NATIONALITY ACT

I assent,

TAUFA'AHAU TUPOU IV,
26th February, 1991

[22nd February, 1991]

BE IT ENACTED by the King and Legislative Assembly of Tonga in the Legislature of the Kingdom as follows:

1. (1) This Act may be cited as the Nationality (Amendment) Act 1991.

(2) The Nationality Act (Chapter 32), as amended, is in this Act referred to as the Principal Act.

2. The long title of the English version of the Principal Act shall be amended by deleting the word "NATIONALIZATION" and substituting "NATURALIZATION".

3. Sub-sections (1) and (2) of section 9 of the Principal Act are amended by deleting the word "letters" and substituting therefor the word "certificates".

4. The Principal Act is amended by inserting the following section immediately following section 9:

"9A. Notwithstanding anything contained in section 9(1) of this Act all persons identified in the Schedule published in the Tonga Government Gazette Extraordinary No. 3 dated Friday 15th February 1991 as persons whom the Privy Council wishes to have declared naturalized shall be deemed for all purposes to have become naturalized subjects of Tonga on the dates respectively shown in the last column of the said Schedule opposite their names. Certificates of Naturalization in such form as shall be prescribed by the Prime Minister shall be issued to them accordingly.

(2) All persons who are referred to in sub-section (1) shall subject to the provisions of the Constitution of Tonga and of this Act be and shall be deemed from the dates aforesaid to have been entitled to all rights and privileges and subject to all the obligations, liabilities and duties as are referred to in section 10 of this Act with the same proviso.

(3) The provisions of sections 12 and 14 of this Act shall app]y to certificates of naturalization issued in pursuance of sub-section (1) which for these purposes, shall be treated as though they had been granted by the King in pursuance of Section 9(1) of this Act.

(4) Where it appears to the King that the inclusion of any person named in the Schedule referred to in sub-section (1) has been procured by or has resulted from any mistake, false representation or fraud he may order the annulment of his naturalization and the revocation of any certificate of naturalization issued to him. The order of annulment and revocation shall have effect from such date as the King shall direct. The provisions of section 13(2) of this Act shall apply to any certificate which is revoked as aforesaid.".

Passed in the Legislative Assembly this 22nd day of February 1991.

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