Constitution of the Independent State of Papua New Guinea/Part I

by The Government of Papua New Guinea

PART I.—INTRODUCTORY

PART I.—INTRODUCTORY.

Division 1.—The Nation

Division 1.—The Nation.

The Independent State of Papua New Guinea

1. The Independent State of Papua New Guinea.

• (1) Papua New Guinea is a sovereign, independent State by the name of the Independent State of Papua New Guinea.

• (2) The name of the Independent State of Papua New Guinea and its variants shall be protected by an Act of the Parliament.

The area of Papua New Guinea

2. The area of Papua New Guinea.

• (1) The area of Papua New Guinea consists of the area that, immediately before Independence Day, constituted what was then known as Papua New Guinea, together with all internal waters and the territorial sea and underlying lands, and, subject to disclaimer by resolution of the Parliament at or before the end of its next meeting, includes such neighbouring waters and such lands underlying any such waters, and such additional lands and waters, as are declared by the Head of State, acting with, and in accordance with, the advice of the National Executive Council, to be part of that area.

• (2) The sovereignty of Papua New Guinea over its territory, and over the natural resources of its territory, is and shall remain absolute, subject only to such obligations at international law as are freely accepted by Papua New Guinea in accordance with this Constitution.

National symbols

3. National symbols.

• (1) Acts of the Parliament may make provision for and in respect of—
  • (a) a National Flag; and
  • (b) a National Emblem; and
  • (c) a National Motto; and
  • (d) a National Seal; and
  • (e) a National Anthem.

• (2) Until such time as other provision is made in accordance with Subsection (1), the National Flag, National Emblem and National Seal are those that were in use immediately before Independence Day.

National Capital District

4. National Capital District.

• (1) There shall be a National Capital District.

• (2) The Seat of Government shall be in the National Capital District.

• (3) The boundaries of the National Capital District shall be as defined by an Organic Law.

• (4) An Organic Law or an Act of the Parliament shall make provision in respect of the government of the National Capital District.

• (5) In calculating the number of provincial electorates in accordance with Section 125 (electorates), the National Capital District shall be taken into account as if it were a province.

Provinces

5. Provinces.

• (1) An Organic Law may declare, or make provision in respect of the declaration of, part of the country as provinces.

• (2) An Organic Law may provide for, or make provision in respect of, the creation of new provinces by the amalgamation or division of existing provinces or for the variation of the boundaries of a province.

Declaration of Loyalty

6. Declaration of Loyalty.

Where a law requires a Declaration of Loyalty to be made, it shall be made in the following form:—

"I,…, realizing fully the responsibilities to which I am committing myself and the consequences of not living up to this Declaration and those responsibilities, freely and willingly declare my loyalty to the Independent State of Papua New Guinea and its People and to the Constitution of Papua New Guinea adopted by the Constituent Assembly on 15 August 1975, as altered from time to time in accordance with its provisions, and promise that I will uphold the Constitution and the laws of Papua New Guinea.".

Oath of Allegiance

7. Oath of Allegiance.

Where a law requires an Oath of Allegiance or Affirmation of Allegiance to be made, it shall be made in the following form:—

"Oath of Allegiance.

I,…, do swear that I will well and truly serve and bear true allegiance to Her Majesty Queen Elizabeth II. Her heirs and successors according to law.

SO HELP ME GOD.

Affirmation of Allegiance.

I,…, do promise and affirm that I will well and truly serve Her Majesty Queen Elizabeth II. Her heirs and successors according to law.".

Division 2.—Interpretation

Division 2.—Interpretation.

Principles of interpretation

8. Principles of interpretation.

For the purpose of the interpretation of this Constitution and the Organic Laws, the provisions of Schedule 1 (Rules for Shortening and Interpretation of the Constitutional Laws) applies and, subject to that Schedule, the underlying law applies.

References

• full PNG constitutional text; from Pacific Law Library.