Customs and Excise Act - Penal Provisions

Written on 01 August 2017.

WHEREAS the penal provisions of the Customs & Excise Act (Cap.58) are already under review by the Commission by virtue of a previous reference dated 1st May, 1995.

AND WHEREAS the Controller of Customs & Excise has further requested that the whole of the current Customs & Excise Act be reviewed at the same time together with the previous reference.

AND WHEREAS in view of this further request, a supplementary reference now becomes necessary.

NOW THEREFORE in exercise of the powers conferred by section 5(1) of the Law Reform Commission Act, 1994, I OLIVER ZAPO, Minister of Justice and Legal Affairs hereby refer to the Law Reform Commission the following:‐

To enquire and report to me on‐

1. The review of the provisions of the Customs & Excise Act (Cap.58);
2. Reforms necessary to reflect the needs in the country of an effective customs and excise law.

Dated at Honiara 2nd day of February 1996.

O. ZAPO

Minister of Justice and Legal Affairs

NB: Explanation: Apart from the need to increase the penalties in the Customs & excise Act, the review of the main Act itself is also overdue. It is therefore necessary to review the main Act as well.

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Customs and Excise Act- Penalty Provisions

Written on 01 August 2017.

WHEREAS it is necessary to review the penalty provisions in the Customs and Excise Act (Cap. 58) with the view of increasing them to accord with the current needs of the country.

NOW THEREFORE in exercise of the powers conferred by section 5(1) of the Law Reform Commission Act, 1994, I, OLIVER ZAPO, Minister of Justice and Legal Affairs hereby refer to the Law Reform Commission the following –

To enquire and report to me on –

1. The review of the penal provisions in the Customs and Excise law in Solomon Islands;
2. Reforms necessary to reflect the need of the Customs & Excise Division and the country as a whole.

Dated at Honiara this 1st day of May 1995.

O. ZAPO

Minister of Justice and Legal Affairs

NB: Explanation: Penalties for offences against Customs & Excise law were prescribed many years ago and now are out of tune with the current needs in the country. It is therefore necessary to overhaul them with the view of increasing them to acceptable levels.

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Law of Sedition

Written on 01 August 2017.

WHEREAS there is a need to review the current law of sedition to reflect the needs of Solomon Islands.

AND WHEREAS the present law of sedition may well be regarded as part of the criminal law system of Solomon Islands and should become part of the Penal Code.

NOW THEREFORE, in exercise of the powers conferred by section 5(1) of the Law Reform Commission Act, 1994, I, OLIVER ZAPO, Minister of Justice and Legal Affairs hereby refer to the Law Reform Commission the following –

To enquire and report to me on –

1. The review of the sedition law in Solomon Islands
2. Recommend changes, if any, to reflect the current needs of Solomon Islands.

Dated at Honiara this 30th day of May 1995.

O. ZAPO

Minister of Justice and Legal Affairs

NB: Explanation: The law of sedition is about unlawful behaviour against the Head of State or the Government or causing hatred amongst the citizens of Solomon Islands against the good order and security of Solomon Islands and its citizens. The time has now come to review this law and bring about changes if necessary.

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Law of Treason

Written on 01 August 2017.

WHEREAS the law of treason in Solomon Islands is the common law offence of treason inherited from the common law of England.

AND WHEREAS there is a need to reassess the suitability of the law of treason in view of the changing needs of Solomon Islands.

NOW THEREFORE in exercise of the powers conferred by section 5(1) of the Law Reform Commission Act, 1994, I, OLIVER ZAPO, Minister of Justice and Legal Affairs hereby refer to the Law Reform Commission the following –

To enquire and report to me on –

1. The review of the law of treason in Part VII of the Penal Code in view of the changing needs of Solomon Islands.
2. Recommend changes in the law of treason to reflect the needs as the case may be.

Dated at Honiara this 30th day of May 1995.

O. ZAPO

Minister of Justice and Legal Affairs

NB: Explanation: The law of treason is about overthrowing the Head of State or the Government by force. Our law of treason represents the common law position of England which may be unsuitable for the current needs of Solomon Islands. It is therefore necessary to reassess the suitability of this law in Solomon Islands.

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