LAWS OF WESTERN SAMOA

[1978-1996 Reprint]

POLICE OFFENCES ORDINANCE 1961

ANALYSIS

Title
1. Short title
2. Interpretation
3. Offences against public cleanliness and convenience
4. Offences relating to public order and interest
4A. Procession, parade or march
5. Insanitary premises
6. Cruelty to animals
7. Wilful trespass
8. Publication of false notices
9. Publication of false statements
10. Resisting and misleading the police
11. Liabilities of traders
12. Control of entertainments and meetings
13. Gaining admission without payment
14. Public billiard rooms
15. Imposters, loiterers, and trespassers
16. Drunkenness and prostitution
17. Stowing away
18. Hawking and peddling goods
19. Sale of unwholesome provisions
20. Polluting water
21. Insulting remarks as to genealogy
22. Consumption and importation of methylated spirit
23. Repealed
24. Repeals and savings
25. Persons armed
26. Throwing a stone at a person
27-33. Repealed

Schedules

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THE POLICE OFFENCES ORDINANCE 1961

1961, No. 15

An Ordinance to consolidate certain enactments of the Legislative Assembly relating to the suppression of various offences.

(29 December 1961)

1. Short title - (1) This Ordinance may be cited as the Police Offences Ordinance 1961.

(2) This Ordinance shall come into force on the 1st day of January 1962.

2. Interpretation - In this Ordinance, if not inconsistent with the context:

"Animal" includes any beast or bird of any kind or species whatever of domestic or wild nature;

"Cattle" includes any horse, mare, gelding, colt, filly, or foal; any bull, cow, ox, steer, heifer, or calf; any sheep, ass, mule, goat, or pig;

"Constable" means any member of the Police Service;

"Court" means the Magistrate's Court of Western Samoa;

"Gazette" means the Western Samoa Gazette;

"Night" means the time between 8 o'clock at night and 6 o'clock in the morning;

"Public place" means:

(a) Any road;

(b) Any place of public resort open to or used by the public (whether on payment of money or otherwise);

(c) Any wharf or jetty;

(d) Any passenger ship or boat or other vessel plying for hire at a wharf or jetty or within one mile of the shore;

(e) Any licensed public vehicle plying for hire;

(f) Any church or other building where Divine service is being publicly held;

(g) Any hall or room in which any public entertainment is being held;

(h) Any market place.

3. Offences against public cleanliness and convenience - Every person commits an offence and is liable to a fine of up to $50 who:

(a) Throws or places any glass, filth, dirt, rubbish or other matter of a similar nature, or any earth, stones or other material upon any public place; or

(b) Places any hoarding, scaffolding, timber, bricks or other building material upon any public place without the permission of the Commissioner of the Police Service, or otherwise than in accordance with the terms of any such permission; or

(c) Burns any litter, straw, wood, shavings or other combustible material in any public place, or in any open space so as to endanger any building near thereto; or

(d) Leaves any inflammable material in any public place or in any open space near a building; or

(e) Casts into Apia Harbour or onto or into any foreshore place or stream any log or floating thing which is likely to become a danger to boats or shipping; or

(f) Opens any drain or sewer or removes the surface of any public footpath or public place without having first obtained the permission of the Director of Works; or

(g) Has any awning or showboard or signboard on any public footpath not being 8 feet clear above such footpath, or hangs any goods on or under such awning over such footpath; or

(h) Exposes for sale any article in or outside any shop window abutting on a public place so as to encroach thereon; or

(i) Suspends or places any carcase, meat or offal so as to overhang any part of a public place; or

(j) Empties any privy or cesspool or carts away any nightsoil or other offensive matter, without the permission of, and without having taken such precautions as may be required by, the Director of Works; or

(k) Spills or casts, or allows to be spilt or cast, into or upon any public place any nightsoil or other offensive matter; or

(l) Slaughters, except in case of inevitable necessity, or skins any animal upon any public place, or permits any slaughtered animal or skin to remain there, or leaves any dead animal on such place; or

(m) Throws or leaves any dead animal or part thereof, or animal remains or offensive matter of any kind, upon any public place, or into any river, creek, stream or other water, or on the bank thereof; or

(n) Suffers any dead animal or part thereof to remain unburied upon his land, or on premises in his occupation, so as to become a nuisance to any other persons; or

(o) Neglects to bury or cause to be buried the body or part of the body of any animal belonging to him, or in his charge or keeping, that may have died while straying or while being driven from one place to another; or

(p) Wantonly or maliciously disturbs any person by blowing any horn, beating any drum, ringing any bell, or using any other noisy instrument, or uttering the cry ususu contrary to Samoan custom; or

(q) Places any placard or other document, writing or painting on, or otherwise defaces, any house or building or any wall, fence, lamp-post or gate, without the consent of the occupier or owner thereof; or

(r) Places any advertisement or writing on, or otherwise defaces or removes ... any tomb, monument, memorial, or any object of interest which may be declared to be such by Proclamation of the Head of State in the Gazette; or

(s) Removes any sand, boulders or stone from any foreshore or from the bed or bank of any stream ... without the permission in writing of the Director of Works; or

(t) Blasts any rock, stone, or timber in or near any public place without permission of the Director of Works or does not comply with any directions in regard thereto, given by the said Director; or

(u) Discharges any firearm without reasonable cause, or sets off any fireworks or explosive material in or on any public place, or so near thereto as to endanger, annoy or frighten passers-by or residents; or

(v) Permits any horse to serve a mare in or within sight of any public place; or

(w) Without lawful justification, places any poison in any place so as to be a source of danger to human beings or to animals; or

(x) Permits any horse, bull, cow, pig or other animal to be tethered whether the same be tethered on private property or otherwise, in such a manner that the animal so tethered is enabled to encroach on any public road or public place; or

(y) Permits any horse, sheep, pig, goat, or cattle to wander or be at large in any public place or to trespass upon any land; or

(z) Without lawful justification obstructs any public place, or creates any source of danger therein, or otherwise commits any public nuisance therein.

4. Offences relating to public order and interest - Every person commits an offence and is liable to imprisonment for a term not exceeding 3 months or to a fine of $40 who:

(a) Uses any profane, indecent or obscene language in any public place or within hearing of any person in a public place; or

(b) Disturbs any congregation assembled for public worship, or any public meeting or audience at any entertainment or lecture; or

(c) Wantonly or maliciously defaces, injures or removes any notice of a public nature exhibited by any person having authority so to do; or

(d) Publicly advertises a reward for the return of any property which has been stolen or lost and in such advertisement uses any words purporting that no questions will be asked; or

(e) Repealed.

(f) Uses the plants ava niukini or futu or any derivative thereof for the purpose of capturing fish or has in his possession any part or derivative thereof in a form adapted for the purpose of capturing fish; or

(g) Uses any threatening, abusive, insulting words or behaviour with intent to provoke a breach of the peace or whereby a breach of the peace may be occasioned; or

(h) Throws or discharges any stone or other thing at or to the danger of any ... vehicle or building, whether or not the stone or thing actually hits the object at which it is aimed; or

(i) Who hits or throws any ball or other like object used in playing cricket thereby causing damage, personal injury, or annoyance to any motor, pedestrian or other traffic on any public highway; or

(j) Is guilty of any disorderly conduct in any public place.

4A. Procession, parade or march - (1) Every person or group of persons who desires to hold a procession, parade or march along Main Beach Road shall, before holding such procession, parade or march, first obtain a permit from the Commissioner of Police Service who shall determine whether a permit shall be granted or refused.

(2) Every person or group of persons who holds a procession, parade or march pursuant to a permit granted by the Commissioner of Police Service shall comply with any terms or conditions specified in the permit.

(3) Every person or group of persons who is refused a permit under subsection (1) of this section shall not hold a procession, parade or march along Main Beach Road.

(4) Every person who contravenes any provision of this section commits an offence and is liable on conviction to a fine not exceeding $200.

(5) This section shall not apply to any procession, parade or march held during the Independence Day Celebrations for the purpose of such Celebrations or held for the purpose of a funeral.

5. Insanitary premises - Every one is liable to a fine of $20 who permits any premises in his occupation or belonging to him to be in an insanitary or offensive condition to the danger or annoyance of the public or his neighbours.

6. Cruelty to animals - (1) Every person is liable to imprisonment for a term not exceeding 12 months or to a fine not exceeding $200 or to both who:

(a) Cruelly beats, kicks, ill-treats, overrides, overdrives, overloads, tortures, infuriates, or terrifies any animal; or causes or procures any animal to be so used; or, being the owner or having the charge of any animal, permits it to be so used; or by wantonly or unreasonably doing or omitting to do any act, or causing or procuring the commission or omission of any act, causes any unnecessary suffering to any animal, or, being the owner or having the charge of any animal, permits any unnecessary suffering to be so caused to it; or

(b) Being the owner of or having the charge of any animal, omits to supply any such animal with proper and sufficient food, water, or shelter; or

(c) Slaughters, brands, conveys, or carries, or causes to be slaughtered, branded, conveyed, or carried, any animal in such a manner or position as to subject such animal to unnecessary pain or suffering.

(2) In this and the next succeeding section "animal" includes any beast or bird of any kind or species whatever, whether of domestic or wild nature and whether indigenous or imported into Western Samoa.

(3) Any constable may without warrant enter into any place where he has reasonable cause to believe that animals are kept and inspect the condition of the same and of any animal therein.

(4) Any constable may with the authority of a Judge of the Supreme Court or a Magistrate destroy any animal which by reason of its weakness, disablement or diseased state, ought to be killed:

Provided that a constable shall not incur any liability, civil or criminal, where in cases of urgency he destroys a weak, disabled or diseased animal without such authority if his action is subsequently approved by a Judge of the Supreme Court or a Magistrate.

(5) Any constable may arrest any offender under this section without warrant and take possession of any animal believed by him to be the subject of the offence and detain it in a place of safety until the information in respect of the offence has been determined.

(6) The reasonable costs of the maintenance and treatment of any animal detained under subsection (5) of this section shall be determined by the Court upon the conviction of an offender and the non-payment of the amount so determined within the time fixed in that behalf shall constitute an offence punishable by a fine of $10 which shall be additional to the first-mentioned amount.

7. Wilful trespass - Every one is liable to a fine of $10 who wilfully trespasses on land or premises in the occupation of any other person.

8. Publication of false notices - (1) Every person is liable to a fine of $40 who:

(a) Sends or causes to be delivered to the proprietor, printer, or publisher of any newspaper for the purpose of publication therein a false notice of the birth of a child or of the marriage of any persons or of the death of any person; or

(b) Being a printer or a publisher of a newspaper, prints or publishes any such notice knowing the same to be false.

(2) Every printer or publisher of a newspaper is liable to a fine not exceeding $40 who on application in writing made to him by a person interested within 14 days from the publication of the notice of a birth, marriage or death in such newspaper refuses to furnish the person so applying with the name of the person who sent or delivered such notice.

9. Publication of false statements - Every person is liable to a fine of $40 who makes or repeats or publishes any false statement or originates or repeats or publishes any false rumour whether such person believes such statement or rumour to be false or not, if such statement or rumour is of a nature likely to agitate or distress or to create disaffection, resentment or dissension among the population of Western Samoa or any section of it and if such person knew or reasonably might have known that such statement or rumour was of such a nature:

Provided however that a prosecution under this section shall be heard before a Magistrate, and provided also that no such prosecution shall be instituted without the previous consent in writing of the Attorney-General.

10. Resisting and misleading the police - (1) Every person commits an offence and is liable to imprisonment for a term not exceeding one year or to a fine of $200 who:

(a) Resists, assaults or wilfully obstructs any constable in the execution of his duty or any person acting in aid of any such constable;

(b) Incites or encourages any person to resist assault or obstruct any constable in the execution of his duty or any person acting in aid of any such constable;

(c) By word or action threatens any constable with intent to intimidate him in the execution of his duty.

(2) Every person who wilfully gives a false name or information to a constable with intent to mislead him in the execution of his duty shall be guilty of an offence and shall be liable to imprisonment for a term not exceeding 3 months.

11. Liabilities of traders - (1) Every trader commits an offence and is liable to imprisonment for a term not exceeding 6 months or to a fine of $100 who:

(a) Gives out goods or money belonging to his employer on credit without the written authority of his employer;

(b) Fails at any time fully and properly to account for the goods and money of his employer received by and entrusted to such trader in the ordinary course of his employment.

(2) Nothing in this section shall affect the liability of any trader to be prosecuted for theft.

(3) "Trader" means the manager or person in charge of a trading station in Western Samoa employed as such by the owner thereof.

12. Control of entertainments and meetings - (1) In this section "public entertainment" includes any cinema screening, theatrical or vaudeville performance, concert, dance, musical entertainment (whether live or recorded), sporting fixture or contest, or other recreational entertainment or amusement to which the public are admitted or in which the public may take part, whether or not a charge is made to the public for admission.

(2) Every person who holds or takes part in the conduct of a public entertainment in a building that has not been approved in writing for such entertainment by the Commissioner of the Police Service commits an offence and shall be liable on conviction to a fine not exceeding $100 or to imprisonment for a term not exceeding 6 months.

(3) It shall be lawful for any constable in uniform to enter and to remain in any building or place in or at which a public entertainment is taking place or is about to take place.

(4) Any constable in uniform present at a public entertainment may stop any wrestling or boxing or other contest or match in which physical force is employed if in his opinion one or more of the contestants are not in a fit condition to continue such contest or match.

(5) Any contestant who continues and every person who incites or encourages a contestant to continue a match or contest which has been duly stopped by a constable commits an offence and shall be liable on conviction to a fine not exceeding $50.

(6) The Commissioner of the Police Service by warrant under his hand may prohibit the holding of any proposed public entertainment either absolutely or except upon and subject to such conditions as he shall impose if he is satisfied that such prohibition or restriction is necessary for the peace, order or good government of Western Samoa and without limiting the conditions which may be imposed by the Commissioner under this subsection, he may specify the times of day at which any public entertainment is to cease, and any such condition may be imposed in respect of any one or more public entertainments in Western Samoa or in any specified locality, area or place in Western Samoa.

(7) Every person who takes part in the conduct of a public entertainment in breach of the provisions of any warrant made under the last preceding subsection commits an offence and shall be liable for every such offence to a fine not exceeding $100 or to imprisonment for a term not exceeding 6 months.

(8) Any commissioned officer of the Police Service present at a public entertainment may stop that public entertainment, or permit it to continue only subject to such conditions as he shall impose, if he is satisfied that such stopping or imposition of conditions is necessary in the interests of peace, order, or public welfare.

(9) Every person who takes part in the continued conduct of a public entertainment in breach of any direction given by a commissioned officer of the Police Service under subsection (8) of this section commits an offence and shall be liable for every such offence to a fine not exceeding $100 or to imprisonment for a term not exceeding 6 months.

13. Gaining admission without payment - Every person commits an offence and shall be liable on conviction to a fine of $20 who without right obtains admission or enters any place without having paid any fee or subscription lawfully chargeable for admission thereto at the time he obtains such admission.

14. Public billiard rooms - (1) Every public billiard room shall be closed from half past 10 o'clock at night until 7 o'clock on the following morning except on Saturdays when it shall be closed from half past 10 o'clock at night until 7 o'clock on the following Monday morning.

(2) No person under the age of 16 years shall be permitted to enter the premises of any public billiard room.

(3) Every person being the proprietor, manager or person in charge of a public billiard room commits an offence and shall be liable on conviction to a fine of $20 who:

(a) Fails to close the public billiard room as aforesaid, or permits any game to be played therein during the hours the public billiard room is required to be closed; or

(b) Permits any person under the age of 16 years to enter the premises of any public billiard room.

15. Impostors, loiterers, and trespassers - (1) Every person shall be liable to imprisonment for a term not exceeding 6 months or to a fine of $100 who:

(a) Wanders abroad or places himself in any public place to beg or gather alms, or causes or procures or encourages any child so to do; or

(b) Solicits, gathers, or collects alms, subscriptions, or contributions under any false pretence; or

(c) Imposes or endeavours to impose upon any charitable institution or private individual by any false or fraudulent representation, either verbally or in writing, with a view to obtain money or any other benefit or advantage; or

(d) Is found by night without lawful excuse (the proof of which excuse shall be on him) in or on any building or in any enclosed yard, boat, or other vessel or in or upon any vehicle; or

(e) Is found near any port or harbour, river, canal, navigable stream, dock or basin, or any quay or wharf, or any other public place, or any house, building, or other place adjacent to any such port or harbour, river, canal, navigable stream, dock or basin, or quay or wharf, with intent to commit any offence under this Ordinance or any other enactment.

(2) Any constable may arrest without warrant any person whom he has reason to suspect of an offence under this section.

16. Drunkenness and prostitution - Every person commits an offence and is liable to imprisonment for a term not exceeding 3 months or to a fine of $40 who:

(a) Is found drunk in any public place; or

(b) Entices or solicits any person or persons in any public place for the purposes of prostitution.

17. Stowing away - (1) Every person who secretes himself and goes to sea in a ship without the consent of the owner, master, mate or purser of the ship or of any other person entitled to give that consent, is liable to imprisonment for a period not exceeding 6 months.

(2) For the purposes of this section "ship" shall have the same meaning as defined in section 2 of the Crimes Ordinance 1961.

18. Hawking and peddling goods - (1) Any person may peddle:

(a) Foodstuffs (other than milk, cream, bread or meat) grown in or produced in Western Samoa;

(b) Fish and shell fish caught within the territorial limits of Western Samoa;

(c) Samoan curios and artifacts of the Samoan people:

Provided that no person shall be entitled by virtue of the provisions of this section to sell any Samoan foodstuffs in breach of the Samoan Market Ordinance 1927.

(2) No person shall peddle any goods or things except those authorised by the last preceding subsection unless he is the holder of a current pedlar's licence.

(3) Every pedlar's licence shall be issued by and at the discretion of the Commissioner of the Police Service upon the payment of $10 and shall continue in force until the 31st day of March then next ensuing.

(4) Every person who shall peddle any goods or things save under the authority of and in accordance with the provisions of this section shall be guilty of an offence and be liable on conviction to a fine of $20.

19. Sale of unwholesome provisions - Every one commits an offence and is liable on conviction to a fine of $40 who sells, or exposes for sale, or has in his possession with intent to sell, any food or drink which is unsound or unfit for human consumption.

20. Polluting water - Every one is liable to imprisonment for a term not exceeding 6 months or to a fine of $100 who throws any offensive matter into or otherwise pollutes or contaminates any river, watercourse, well, cistern, or other place from which water for drinking purposes is obtained.

21. Insulting remarks as to genealogy - (1) Every person who publishes or causes to be published without lawful excuse, any insulting or derogatory words concerning the genealogy or parentage of any person, with intent to provoke a breach of the peace or with intent to insult, taunt, annoy or offend, commits an offence and shall be liable on conviction to imprisonment for a term not exceeding 3 months or to a fine of $40.

(2) It shall be no defence to any proceedings under this section that such insulting or derogatory words are true, and no evidence shall be admitted to prove the truth or untruth of such words.

(3) For the purpose of this section "to publish" means to put into writing or any other permanent form or to speak words so that the same may be read or heard by any person whether such person be the person whose genealogy or parentage is referred to or not.

22. Consumption and importation of methylated spirit - (1) Every one who consumes or attempts to consume methylated spirit, whether subjected to any process of purification or not, or who has methylated spirit in his possession for the purpose of consumption by himself or by any other person, is liable to imprisonment for a term not exceeding 3 months or to a fine of $40 or to both such imprisonment and fine.

(2) "Methylated spirit" means any spirit mixed with methyl-alcohol or wood spirit, or to which any other substance has been added that has the same effect as methyl-alcohol or wood spirit in rendering spirit unsuitable for human consumption, and includes any spirit from which methyl-alcohol, wood spirit or such other substance has been unlawfully removed.

(3) No person shall without the consent in writing of the Minister of Customs or otherwise than in accordance with the terms of such consent import into Western Samoa methylated spirit or similar preparations other than mineralised methylated spirit required for domestic purposes.

(4) Every person who acts in contravention of the provisions of the last preceding subsection commits an offence and is liable to imprisonment for a term not exceeding 3 months or to a fine of $40.

23. (Repealed)

24. Repeals and savings - (1) the enactments specified in the Schedule to this Ordinance are hereby repealed.

(2) As from the date this enactment comes into force, the Samoa Vagrancy Order 1931 (N. Z.) shall no longer form part of the law of Western Samoa.

(3) All proclamations, regulations, orders, declarations, appointments, proceedings, exemptions, and generally all acts of authority which originated under any enactment repealed by subsection (1) of this section or under the Samoa Vagrancy Order 1931 (N. Z.) and are subsisting or in force on the coming into operation of this Ordinance shall enure [sic] for the purposes of this Ordinance as fully and effectually as if they had originated under the corresponding provisions of this Ordinance, and accordingly shall, where necessary, be deemed to have so originated.

25. Persons armed - (1) Every person who is armed with any offensive or dangerous weapon, instrument or thing and who cannot prove (the onus being on him) that he was so armed for a lawful purpose commits an offence and is liable to imprisonment for a term not exceeding one year.

(2) Every such weapon, instrument or thing shall, by the conviction of the offender, become forfeited to the State.

26. Throwing a stone at a person - (1) Every person who throws or discharges any stone or other thing at or to the danger of any person, whether or not the stone or thing actually hits any person, commits an offence and is liable to imprisonment for a term not exceeding one year.

(2) Every such thing shall, by the conviction of the offender, become forfeited to the State.

27-33. Repealed.

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SCHEDULE

ENACTMENTS REPEALED	Section 24 (1)	

1931 - No. 3:	The General Laws Ordinance 1931.	
1955 - No. 16:	The Ordinances Amendment Ordinance 1955 - sections 4 and 5.	
1934 - No. 3:	The Ordinances Amendment Ordinance 1934 section 2	
1959 - No. 3:	The Status Disabilities Removal Ordinance 1959, sections 5 and 6.	
1948 - No. 6:	The Law Reform Ordinance 1948: section 8.	
1936 - No. 4:	The Ordinances Amendment Ordinance 1936 section 2.	
1942 - No. 2:	The General Laws Amendment Ordinance 1942: section 2.	

NOTES

The Police Offences Ordinance 1961 appearing in this reprint comprises that Ordinance as it appears in the 1977 reprint together with the amendments set out below:

Section 4A:	Was added by section 2 of the Police Offences Amendment Act 1988.	
		
Section 18:	The fee for a pedlar's licence was increased to $10 by the Schedule to the Omnibus Fess and Charges Amendment Act 1988.	

As to arrest without warrant by a policemen viewing an offence, see section 4(3) of the Criminal Procedure Act 1972.

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The Police Offences Ordinance 1961 is administered in the Department of Justice