NUKU’ALOFA (Pacnews) — The Tongan government has clarified that it has the powers to categorize people from moderate to high risk, as required for the maintenance of public order under the declared Emergency Powers of 2006.
The clarification comes as three pro democracy activists —‘Aivi Puloka, Mele ‘Amanaki and Malakai Lomu challenged the validity of the executive’s list of people, and the legality of any decisions relating to it.
A government statement issued through the prime minister’s press secretary said the chief justice in his ruling of Dec. 20 did not say that the Emergency Powers (Maintenance of Public Order) Regulations 2006 were unlawful.
Instead, Chief Justice Anthony Ford ruled that the executive’s list, made under the Emergency Powers Regulations 2006, relating to security in the current state of emergency, was within the law.
The Supreme Court was reluctant to criticize or comment on the wisdom or expediency of steps taken by the authorities to deal with a perceived state of emergency situation.
On Dec. 18 at the chamber hearing, counsels consented that the cases be referred to the executive to deal with according to internal procedures.
The government statement said that on Dec. 19 and 20, the executive reviewed the security risks relating to the three pro democracy activists and allowed them within the prohibited areas.
Ford ruled that “I see nothing unlawful in the list of persons who could probably be described as falling within a moderate to high risk category.” His concern was the administration of the list.
The chief justice went on further to rule that the emergency regulation was lawful and that “the executive, for obvious reasons, does have extensive powers for dealing with emergency situations by way of regulation and the regulations in question clearly fall within the ambit of those powers.”