瑙鲁宪法
瑙鲁宪法*
鉴于我们瑙鲁人民承认上帝是全能和永恒的主
和所有美好事物的给予者:
鉴于我们谦卑地将自己置于他美好天意的保护之下，
寻求他对我们自己和我们生活的祝福:
鉴于我们已经宣布瑙鲁将成为一个共和国:
鉴于代表我们的制宪会议已经为
瑙鲁:
因此，我们瑙鲁人民在今年第二十九次制宪会议上
一月的一天, 一千九百六十八, 特此采纳, 制定并给予
对我们来说，这部宪法将于一月三十一日生效, 一
一千九百六十八.
零件排列
第一部分. 瑙鲁共和国和瑙鲁最高法 (文章一和 2).
第二部分. 保护基本权利和自由 (文章 3-15).
第三部分. 主席和行政人员 (文章 16-25).
第四部分. 立法机关 (文章 26-47).
第五部分. 司法机关 (文章 48-57).
第六部分. 金融 (文章 58-67).
第七部分. 公共服务 (文章 68-70).
第八部分. 国籍 (文章 71-76).
第九部分. 紧急权力 (文章 77-79).
第十部分. 一般的 (文章 80-84).
第十一部分. 过渡性规定 (文章 85-100).
- 这份瑙鲁宪法包含了瑙鲁制宪会议所做的修改。
瑙鲁根据条 92 在 17 可能 1968.
第一部分.
瑙鲁共和国和瑙鲁最高法
瑙鲁共和国
- 瑙鲁是一个独立的共和国.
瑙鲁最高法 - (1.) 本宪法是瑙鲁的最高法律.
(2.) 与本宪法相抵触的法律是, 到不一致的程度, 空白.
第二部分.
保护基本权利和自由
前言 - 鉴于瑙鲁的每个人都有权享有该国的基本权利和自由
个人, 也就是说, 有权利, 无论他的种族, 发源地, 政治观点,
颜色, 信仰或性, 但须尊重他人的权利和自由以及
公共利益, 以下每项及所有自由, 即:-
(A) 生活, 自由, 人身安全, 财产的享有和法律的保护;
(乙) 良心自由, 表达以及和平集会和结社; 和
(C) 尊重他的私人和家庭生活,
本部分后续规定的效力是为了保护
这些权利和自由, 受该保护中包含的限制的约束
这些规定, 旨在确保享有这些权利和
一个人的自由不损害他人或他人的权利和自由
公共利益.
生命权的保障
4.-(1.) 任何人不得故意剥夺生命, 除执行刑罚外
法庭在他被定罪并判处剥夺生命的罪行后
法律规定的.
(2.) 剥夺一个人的生命并不违反该条款的规定 (1.)
因使用而产生的本条, 在这样的程度和这样的情况下
法律允许的, 具有在案件情况下合理合理的力量-
(A) 保护一个人免受暴力侵害;
(乙) 为了保护公共财产;
(C) 为了实施合法逮捕或防止被合法拘留的人逃跑; 或者
(d) 以镇压骚乱为目的, 叛乱或沉默.
保护人身自由
5.-(1.) 任何人的人身自由不得被剥夺, 除非法律授权
以下情况中的:-
(A) 执行法院对其所犯罪行的判决或命令
被定罪;
(乙) 为了执行法院的命令将他带上法庭;
(C) 在合理怀疑他犯有罪行的情况下, 或即将承诺, 冒犯;
(d) 根据法院命令, 对于他在不晚于以下时间结束的任何时期的教育
年满十八岁后的十二月三十一日;
(e) 根据法院命令, 为了他在不迟于该日期结束的任何时期内的福利
他年满二十岁;
(F) 以防止疾病传播为目的;
(G) 如果一个人是, 或有理由怀疑, 心智不健全或
吸毒或酗酒, 为了他的护理或治疗或保护
社区; 和
(H) 目的是防止他非法进入瑙鲁, 或为了
导致他被驱逐, 引渡或以其他方式合法驱逐出瑙鲁.
(2.) 被逮捕、拘留的人应当及时告知其理由
逮捕或拘留，并应允许在拘留地点咨询
自己选择的法定代表人.
(3.) 因本款所述情况而被逮捕或拘留的人
(C) of 子句 (1.) 本条规定的内容且尚未发布的，应提交给法官或
被捕后二十四小时内担任司法职务的其他人
或拘留，并且不得因与该罪行有关而进一步被拘留，除非
法官或担任司法职务的其他人员的命令.
(4.) 向最高法院投诉某人被非法拘留,
最高法院应调查申诉并, 除非确信拘留是
合法的, 应命令将该人带到其面前并释放他
保护免受强迫劳动
6.-(1.) 不得要求任何人从事强迫劳动.
(2.) 就本文而言, “强迫劳动” 不包括-
(A) 法院判决或命令要求的劳动;
(乙) 一个人在被合法拘留期间所需的劳动, 是劳动, 虽然不是
法院判决或命令所要求的, 就以下目的而言是合理必要的
卫生或维护拘留场所;
(C) 纪律部队成员履行其职责所需的劳动
成员; 或者
(d) 作为合理和正常的公共或其他公民活动的一部分而合理需要的劳动力
义务.
保护免受不人道待遇 - 任何人不得遭受酷刑或不人道或不人道的待遇或处罚
有辱人格的.
保护财产免遭剥夺
8.-(1.) 任何人的财产不得被强制剥夺，除非符合以下规定：
为公共目的和公正条件而制定的法律.
(2.) 法律中包含的或根据法律授权所做的任何内容均不得被视为不一致
符合或违反条款的规定 (1.) 本条的范围是
法律作出规定-
(A) 占有或收购任何财产-
(我) 满足税收;
(二、) 通过违法处罚或因违法而没收;
(三、) 作为租赁事件, 租赁, 抵押, 收费, 销售票据, 质押或合同;
(四号) 在执行法院判决或命令的程序中确定
公民权利或义务;
(v) 在有合理必要这样做的情况下，因为该财产处于
危险状态或对人类健康有害, 动物或植物; 或者
(六) 任何有关诉讼限制的法律的后果; 或者
(乙) 为了占有或收购以下任何财产:-
(我) 死者的财产, 心智不健全的人或没有达到目标的人
二十岁, 为了该人的利益而进行管理
有权享有该财产的实益权益;
(二、) 被判定破产或无力偿债的人或清算中的法人团体的财产,
为了破产或资不抵债的债权人的利益而进行管理
或法人团体和, 受其约束, 为了其他有权享受该权利的人的利益
该财产的实益权益;
(三、) 信托财产, 为了将财产归属于被任命为的人
受托人根据设立信托的文书或由法院或, 根据法院命令, 为了
使信托生效的目的; 和
(四号) 为公共目的依法设立的法人团体持有的财产.
人身和财产保护
9.-(1.) 未经本人同意，任何人不得对其人身或财产进行搜查
或其他人进入其场所.
(2.) 任何法律中包含的或在法律授权下所做的任何事情均不应被视为
不符合或违反条款的规定 (1.) 将此条的
在该法律作出规定的范围内-
(A) 为了国防利益而合理需要的, 公共安全, 公共秩序, 民众
道德, 公共卫生, 自然资源的开发或利用或
出于对社区有利的目的而开发或利用任何财产;
(乙) 保护他人权利或自由的合理需要;
(C) 授权瑙鲁共和国或法人团体的官员或代理人
为公共目的而依法设立的进入, 在合理必要的情况下, 在该处所
某人为了检查这些场所或其中或上面与任何税收有关的任何东西
或为了进行与合法位于或位于这些财产上的任何财产有关的工作
场所并属于共和国或法人团体（视情况而定）; 或者
(d) 授权, 为了执行法院的判决或命令, 的搜寻
法院命令的人员或财产或根据该命令进入任何场所.
确保法律保护的规定 - (1.) 任何人不得因法律未定义的罪行而被定罪.
(2.) 被指控犯罪的人应, 除非撤销指控, 得到公平的对待
由独立公正的法院在合理时间内举行听证会.
(3.) 被指控犯罪的人-
(A) 在依法证明有罪之前应被推定为无罪;
(乙) 应以他理解的语言立即详细告知其性质
他被指控的罪行;
(C) 应给予足够的时间和便利来准备辩护;
(d) 如果他不能的话，应允许免费获得口译员的协助
理解或说出指控审判时使用的语言;
(e) 应允许亲自在法庭上为自己辩护，或, 自费, 经过
其自己选择的法定代表人或在指定的情况下指定一名法定代表人
出于正义利益的需要，并且在任何此类情况下他无需付款，如果
他没有, 法院认为, 有足够的财力支付所产生的费用; 和
(F) 应提供便利亲自或其法定代表人检查
检方传唤出庭的证人, 并获得出席和携带
询问证人并代表自己在法庭上作证, 于
与适用于检方传唤证人的条件相同,
和, 除非他本人同意, 除非他缺席，否则审判不得在他缺席的情况下进行
其行为使诉讼程序在他在场的情况下继续进行
不切实际，法院已下令将他驱逐出境，并在他的法庭进行审判
缺席.
(4.) 任何人不得因任何未曾发生过的行为或不行为而被定罪。,
在事情发生的时候, 构成此类犯罪，且不会受到处罚
在程度或描述上比可能的最高处罚更严重的罪行
在犯罪时已因该罪行而受到处罚.
(5.) 任何人都不能证明自己曾因犯罪行为而受到主管法院的审判，并且
被定罪或无罪的人应因该罪行再次受审, 除非根据a的命令
高等法院在与定罪有关的上诉或复审程序中作出的判决
或无罪释放.
(6.) 任何人不得因其已被赦免的罪行而受到审判.
(7.) 不得强迫任何因犯罪而受审的人在审判时提供证据.
(8.) 任何人在犯罪审判中不得被迫作对自己不利的证人.
(9.) 不得确定民事权利或义务的存在或范围
除非由独立公正的法院或法律规定的其他机构
做出此类决定的程序应在合理时间内公平审理.
(10.) 经双方同意的除外, 法院诉讼程序和诉讼程序
在任何民事权利或义务之前确定任何民事权利或义务的存在或范围
其他当局, 包括宣布法院或其他当局的决定,
应公开举行.
(11.) 条款中没有任何内容 (10.) 本条的规定应防止法院或其他当局
将人员排除在诉讼听证之外, 除协议各方及其成员外
法定代表人, 在法院或其他当局的范围内-
(A) 法律有权为公众利益做并认为必要或有利的事情
道德或公开损害正义利益的情况, 这
二十岁以下人员的福利或保护其私生活
诉讼程序中的有关人员; 或者
(乙) 法律授权或要求为国防利益而这样做, 公共安全或公共
命令.
(12.) 任何法律中包含的或在法律授权下所做的任何事情均不应被视为
不符合或违反规定
(A) 段落 (A) of 子句 (3.) 本条的原因是该法律赋予某人
被指控犯罪有举证特定事项的责任; 或者
(乙) 段落 (F) of 子句 (3.) 本条的理由是该法律规定了合理的
如果传唤证人代表被指控者作证，则必须满足的条件
犯罪者将从公共资金中支付其费用.
良心自由
11.-(1.) 一个人有良心自由的权利, 思想和宗教, 包括
改变宗教或信仰的自由和自由, 无论是单独还是与他人一起
其他以及公共或私人场合, 在崇拜中表达和传播他的宗教或信仰,
教学, 实践和遵守.
(2.) 除非经过他的同意, 任何人享有某项权利或
条款中提到的自由 (1.) 本文的.
(3.) 除非得到他的同意或, 如果他未满二十岁, 他的同意
家长或监护人, 任何就读学校的人都不需要接受宗教教育
指示或参加或参加宗教仪式或纪念活动，如果该指示,
仪式或仪式与他自己的宗教或信仰以外的宗教有关.
(4.) 任何法律中包含的或在法律授权下所做的任何事情均不应被视为
与本条规定不一致或违反的程度
法律作出了合理要求的规定-
(A) 为了国防的利益, 公共安全, 公共秩序, 公共道德或公共卫生;
(乙) 保护他人的权利和自由, 包括观察权和
信奉任何宗教，而不受其他宗教成员的主动干预;
或者
(C) 为了规范任何教育场所提供的世俗教育，以维护
在该地方接受指示的人.
保护言论自由
12.-(1.) 一个人有言论自由的权利.
(2.) 除非经过他的同意, 任何人享有其权利均不得受到阻碍
言论自由.
(3.) 任何法律中包含的或在法律授权下所做的任何事情均不应被视为
不一致, 或违反, 本条规定的范围内
法律作出规定-
(A) 为了国防利益而合理需要的, 公共安全, 公共秩序, 民众
道德或公共卫生;
(乙) 出于保护声誉的目的而合理需要的, 权利和
法律诉讼中其他人的自由或有关人员的私生活,
防止泄露秘密收到的信息或维护权威
和法院的独立性;
(C) 为规范技术管理而合理需要的或
电话技术操作, 电报, 帖子, 无线广播或电视或
限制电话的建立或使用, 电报的, 无线广播或
电视设备或邮政服务; 或者
(d) 规范公职人员在执行职务过程中获得的信息的使用
就业.
保护集会和结社自由
13.-(1.) 人们有权和平集会和结社，并有权组建或属于
工会或其他协会.
(2.) 除非经过他的同意, 任何人享有所提及的权利均不得受到阻碍
到子句 (1.) 本文的.
(3.) 任何法律中包含的或在法律授权下所做的任何事情均不应被视为
不一致, 或违反, 本条规定的范围内
法律作出了合理要求的规定-
(A) 为了国防的利益, 公共安全, 公共秩序, 公共道德或公共卫生; 或者
(乙) 保护他人的权利和自由.
Enforcement of fundamental rights and freedoms
14.-(1.) A right or freedom conferred by this Part is enforceable by the Supreme Court at the
suit of a person having an interest in the enforcement of that right or freedom.
(2.) The Supreme Court may make all such orders and declarations as are necessary and
appropriate for the purposes of clause (1.) 本文的.
Interpretation - In this Part, unless the context otherwise requires-
“contravention”, in relation to any requirement, includes a failure to comply with that
requirement, and cognate expressions shall be construed accordingly;
“disciplined force” means-
(A) the Police Force; 或者
(乙) any other body established by law for the purposes of defence or maintaining public
safety or public order;
“legal representative” means a person entitled to be in or to enter Nauru and entitled by law to
appear in proceedings before a court on behalf of a party to those proceedings;
“成员”, in relation to a disciplined force, includes a person who, under the law regulating
the discipline of that force, is subject to that discipline;
“public property” includes property of a body corporate established by law for public
purposes.
PART III.1
THE PRESIDENT AND THE EXECUTIVE
The President - (1.) There shall be a President of Nauru, who shall be elected by Parliament.
(2.) A person is not qualified to be elected President unless he is a member of Parliament.
(3.) The Speaker and the Deputy Speaker are not qualified to be elected President.
(4.) The President holds office until the election of another person as President.
(5.) Parliament shall elect a President-
(A) whenever the office of President is vacant;
(乙) at the first sitting of Parliament next following its dissolution; 和
(C) whenever-
(我) the President tenders the resignation of his office by writing under his hand delivered to
the Speaker;
(二、) a resolution for the removal from office of the President and Ministers is approved under
Article 24; 或者
(三、) the President ceases to be a member of Parliament otherwise than by reason only of its
dissolution.
Executive Authority vests in the Cabinet
17.-(1.) The executive authority of Nauru is vested in a Cabinet constituted as provided by
this Part and the Cabinet has the general direction and control of the government of Nauru.
(2.) The Cabinet is collectively responsible to Parliament.
The Cabinet
18.-(1.) The Cabinet consists of the President and the Ministers appointed under Article 19.
(2.) A member of the Cabinet shall, before entering upon the duties of his office, take and
subscribe the oath set out in the First Schedule.
(3.) A member of the Cabinet shall not hold an office of profit in the service of Nauru or of a
statutory corporation.
Appointment of Ministers
19.-(1.) Whenever a President is elected, he shall as soon as practicable appoint four or five
members of Parliament to be Ministers of the Cabinet.
(2.) Whenever there are less than four Ministers the President shall appoint a member of
Parliament to be a Minister but if Parliament is dissolved the President shall appoint a person
who was a member immediately before the dissolution of Parliament.
(3.) Whenever there are four but not five Ministers the President may appoint a member of
Parliament to be a Minister.
Vacation of office - A Minister ceases to hold office-
(A) upon the election of a President;
(乙) upon resigning his office by writing under his hand delivered to the President;
(C) upon being removed from office by the President; 或者
(d) upon ceasing to be a member of Parliament otherwise than by reason only of its
dissolution.
Provision for Minister to act as President - The Cabinet may appoint a Minister to perform the duties and exercise the functions of
the President during any period during which the President is unable to act owing to illness,
absence from Nauru or any other cause.
Meetings of Cabinet
22.-(1.) The President shall preside at meetings of the Cabinet.
(2.) Subject to this Constitution, the Cabinet may regulate its own procedure.
Appointment of Ministers to Departments - The President may assign to himself or to a Minister responsibility for any business of the
government of Nauru and may revoke or vary an assignment made under this Article.
Vote of no confidence
24.-(1.) Where Parliament on a resolution approved by at least one-half of the total number of
members of Parliament resolves that the President and Ministers be removed from office on
the grounds that it has no confidence in the Cabinet, an election of a President shall be held.
(2.) Where a President has not been elected before the expiration of a period of seven days
after the day on which a resolution under clause (1.) of this Article is approved Parliament
shall stand dissolved.
Chief Secretary
25.-(1.) There shall be a Chief Secretary of Nauru, who shall be appointed by the Cabinet.
(2.) A member of Parliament is not qualified to be appointed Chief Secretary.
(3.) The Chief Secretary may resign his office by writing under his hand delivered to the
President and may be removed from office by the Cabinet.
(4.) The Chief Secretary has such powers and functions as the Cabinet directs and as are
conferred on him by this Constitution or by law.
PART IV.
THE LEGISLATURE**
** The name of the Legislature was changed from “the Legislative Assembly” 到
“Parliament” 在 17 可能 1968.
Establishment of legislature - There shall be a Parliament of Nauru.
Legislative powers of legislature - Subject to this Constitution, Parliament may make laws for the peace, order and good
government of Nauru; laws so made may have effect outside as well as within Nauru.
The Parliament
28.-(1.) Parliament shall consist of eighteen members or such greater number as is prescribed
by law.
(2.) For the purpose of the election of members of Parliament, Nauru shall be divided into
constituencies.
(3.) Unless otherwise prescribed by law, the constituencies and the number of members of
Parliament to be returned by each of the constituencies are those described in the Second
Schedule.
(4.) A person shall not be at the same time a member of Parliament for more than one
constituency.
Electors for Parliament - Members of Parliament shall be elected in such manner as is prescribed by law, 经过
Nauruan citizens who have attained the age of twenty years.
Qualification for membership of Parliament - A person is qualified to be elected a member of Parliament if, and is not so qualified
unless, he-
(A) is a Nauruan citizen and has attained the age of twenty years; 和
(乙) is not disqualified under this Constitution.
Disqualifications for membership of Parliament - No person is qualified to be elected a member of Parliament if he-
(A) is an undischarged bankrupt or insolvent who has been declared bankrupt or insolvent
according to law;
(乙) is a person certified to be insane or otherwise adjudged according to law to be mentally
disordered;
(C) has been convicted and is under sentence or is subject to be sentenced for an offence
punishable according to law by death or by imprisonment for one year or longer;
(d) does not possess such qualifications relating to residence or domicile in Nauru as are
prescribed by law; 或者
(e) holds an office of profit in the service of Nauru or of a statutory corporation, being an
office prescribed by law for the purposes of this paragraph.
Vacation of seats by members of Parliament
32.-(1.) A member of Parliament vacates his seat-
(A) upon the dissolution of Parliament next after his election;
(乙) upon becoming disqualified under Article 31 to be elected a member of Parliament;
(C) upon resigning his seat by writing under his hand delivered, in the case of a member other
than the Speaker, to the Speaker and, in the case of the Speaker, to the Clerk of Parliament;
(d) if he is absent without leave of Parliament on every day on which a meeting of Parliament
is held during a period of two months; 或者
(e) upon ceasing to be a Nauruan citizen.
(2.) In the event of the occurrence of a vacancy in the office of a member of Parliament, an
election shall be held in the manner prescribed by law of a member to fill the vacant office.
Clerk of Parliament
33.-(1.) There shall be a Clerk of Parliament, who shall be appointed by the Speaker.
(2.) A member of Parliament is not qualified to be appointed Clerk of Parliament.
(3.) The Clerk of Parliament may at any time resign his office by writing under his hand
delivered to the Speaker and may be removed from office by the Speaker at any time.
(4.) Before or during the absence of the Clerk of Parliament, the Speaker may appoint a
person who is not a member of Parliament to perform the functions of the Clerk during his
缺席.
Speaker of Parliament
34.-(1.) Parliament shall, before it proceeds to the despatch of any other business, elect one of
its members to be Speaker and, whenever the office of Speaker is vacant, shall not transact
any business other than the election of one of its members to fill that office.
(2.) A member of the Cabinet is not qualified to be elected Speaker.2
(3.) The Speaker ceases to hold office3
(A) when Parliament first meets after a dissolution;
(乙) upon ceasing to be a member of Parliament otherwise than by reason only of its
dissolution;
(C) upon becoming a member of the Cabinet;
(d) upon being removed from office by a resolution of Parliament; 或者
(e) upon resigning his office by writing under his hand delivered to the Clerk of Parliament.
Deputy Speaker of Parliament
35.-(1.) Parliament shall, after the election of the Speaker and before it proceeds to the
despatch of any other business, elect one of its members to be Deputy Speaker and, whenever
the office of Deputy Speaker is vacant, shall, as soon as possible, elect one of its members to
fill that office.
(2.) A member of the Cabinet is not qualified to be elected Deputy Speaker.4
(3.) The Deputy Speaker ceases to hold office5
(A) when Parliament first meets after a dissolution;
(乙) upon ceasing to be a member of Parliament otherwise than by reason only of its
dissolution;
(C) upon becoming a member of the Cabinet;
(d) upon being removed from office by a resolution of Parliament; 或者
(e) upon resigning his office by writing under his hand delivered to the Clerk of Parliament.
(4.) The powers and functions conferred by this Constitution upon the Speaker shall, if there
is no person holding the office of Speaker or if the Speaker is absent from a sitting of
Parliament or is otherwise unable to exercise those powers and perform those functions, be
exercised and performed by the Deputy Speaker and, if he is also absent or unable to exercise
those powers and perform those functions, Parliament may elect one of its members to
exercise those powers and perform those functions.
Determination on questions of membership of Parliament
- Any question that arises concerning the right of a person to be of or to remain a member
of Parliament shall be referred to and determined by the Supreme Court.
Powers privileges and immunities of Parliament - The powers, privileges and immunities of Parliament and of its members and committees
are such as are declared by Parliament.
Procedure in Parliament
38.-(1.) Parliament may make, amend or repeal rules and orders with respect to-
(A) the mode in which its powers, privileges and immunities may be exercised and upheld;
和
(乙) the conduct of its business and proceedings.
(2.) Parliament may act notwithstanding a vacancy in its membership and the presence or
participation of a person not entitled to be present at, or to participate in, the proceedings of
Parliament does not invalidate those proceedings.
General Elections for Parliament6 - A general election of members of Parliament shall be held at such time within two
months after a dissolution of Parliament as the Speaker in accordance with the advice of the
President appoints.
Sessions of Parliament7
40.-(1.) Each session of Parliament shall be held at such place and shall begin at such time,
not being later than twelve months after the end of the preceding session if Parliament has
been prorogued, or twenty-one days after the last day on which a candidate at a general
election is declared elected if Parliament has been dissolved, as the Speaker in accordance
with the advice of the President appoints.
(2.) Subject to the provisions of clause (1.) 本文的, the sittings of Parliament shall be
held at such times and places as it, by its rules of procedure or otherwise, determines.
Prorogation and dissolution of Parliament
41.-(1.) The Speaker, in accordance with the advice of the President, may at any time
prorogue Parliament.
(2.) The Speaker shall, if he is advised by the President to dissolve Parliament, refer the
advice of the President to Parliament as soon as practicable and in any case before the
expiration of fourteen days after his receipt of the advice.8
(3.) For the purposes of clause (2.) 本文的, and notwithstanding Article 40, 这
Speaker shall, if necessary, appoint a time for the beginning of a session, or for a sitting, of
Parliament.
(4.) Where the Speaker has, under clause (2.) 本文的, referred the advice of the
President to Parliament, and no resolution for the removal from office of the President and
Ministers under Article 24 is approved after the date on which the advice was so referred, he
shall dissolve Parliament on the seventh day after that date.
(5.) The President may withdraw his advice at any time before the Speaker has dissolved
Parliament and where the President so withdraws his advice, the Speaker shall not dissolve
Parliament.
(6.) Notwithstanding the preceding provisions of this Article, where a resolution for the
removal from office of the President and Ministers is approved under Article 24, the Speaker
shall not-
(A) prorogue Parliament; 或者
(乙) dissolve Parliament,
during the period of seven days after the day on which the resolution is approved.
(7.) Parliament shall, unless sooner dissolved, continue for a period of three years from and
including the date of the first sitting of Parliament after any dissolution and shall then stand
dissolved.
Sessions of Parliament at request of one-third of members
42.-(1.) Where-
(A) Parliament is not in session; 和
(乙) there is delivered to the Speaker a request that complies with clause (2.) of this Article for
the holding of a session,9
the Speaker shall appoint a time for the holding of a session of Parliament, being a time
before the expiration of fourteen days after the request is delivered.
(2.) A request referred to in clause (1.) of this Article10
(A) shall be in writing;
(乙) shall be signed by a member of Parliament for each of at least three constituencies and by
a number of members of Parliament which is at least one-third of the total number of
members of Parliament; 和
(C) shall set out particulars of the business proposed to be dealt with at the session of
Parliament.
Oath of members of Parliament
43.-(1.) A member of Parliament shall, before taking his seat, take and subscribe before
Parliament the oath set out in the Third Schedule, but a member may before taking and
subscribing that oath take part in electing the Speaker.
(2.) The Speaker shall, if he has not taken and subscribed the oath set out in the Third
Schedule, take and subscribe that oath before entering upon the duties of his office.
Speaker to preside
- The Speaker shall preside at a sitting of Parliament.
Quorum - No business shall be transacted at a sitting of Parliament if the number of its members
present, other than the person presiding at the sitting, is less than one-half of the total number
of members of Parliament.
Voting
46.-(1.) Except as otherwise provided by this Constitution, a question before Parliament shall
be decided by a majority of the votes of its members present and voting.
(2.) The Speaker or other member presiding in Parliament shall not vote unless on a question
the votes are equally divided in which case he has and shall exercise a casting vote.
Enactment of laws - A proposed law becomes law on the date when the Speaker certifies that it has been
passed by Parliament.
PART V.
THE JUDICATURE
Supreme Court of Nauru
48.-(1.) There shall be a Supreme Court of Nauru, which shall be a superior court of record.
(2.) The Supreme Court has, in addition to the jurisdiction conferred on it by this Constitution,
such jurisdiction as is prescribed by law.
Chief Justice and Judges of Supreme Court
49.-(1.) The Supreme Court consists of a Chief Justice and such number, if any, of other
judges as is prescribed by law.
(2.) The judges of the Supreme Court shall be appointed by the President.11
(3.) A person is not qualified to be appointed a judge of the Supreme Court unless he is
entitled as prescribed by law to practise as a barrister or solicitor in Nauru and has been so
entitled for not less than five years.
Vacation of office
50.-(1.) A judge of the Supreme Court ceases to hold office on attaining the age of sixty-five
years or, if a greater age is prescribed by law for the purposes of this Article, on attaining that
greater age.
(2.) A law that prescribes a greater age for the purposes of this Article may provide that that
law applies only to specified judges.
Removal from office and resignation
51.-(1.) A judge of the Supreme Court may not be removed from office except on a resolution
of Parliament approved by not less than two-thirds of the total number of members of
Parliament praying for his removal from office on the ground of proved incapacity or
misconduct.
(2.) A judge of the Supreme Court may resign his office by writing under his hand delivered
to the President.12
Oath of office - A judge of the Supreme Court shall not enter upon the duties of his office unless he has
taken and subscribed the oath set out in the Fourth Schedule.
Acting judges
53.-(1.) If the office of Chief Justice is vacant or if the Chief Justice is for any reason unable
to perform the duties of his office then until a person has been appointed to and has assumed
the duties of that office or until the person holding that office has resumed those duties, as the
case may be, those duties shall be discharged by such one of the other judges of the Supreme
Court as is designated by the President or, if there is no other judge of the Supreme Court, 经过
a person designated by the President, being a person who is qualified to be appointed a judge
of the Supreme Court.13
(2.) If the office of a judge of the Supreme Court other than the office of the Chief Justice is
vacant or if the person holding that office is for any reason unable to perform the duties of his
office or if the state of business in the Supreme Court so requires, the President may appoint a
person qualified to be appointed a judge of the Supreme Court to act as a judge of the
Supreme Court and a person so appointed may act as a judge of the Supreme Court
notwithstanding that he has attained the age of sixty five years or, if a greater age is
prescribed by law for the purposes of Article 50, has attained that greater age.14
(3.) The provisions of clause (2.) of this Article apply in respect of the office of Chief Justice
if at a time when the office of the Chief Justice is vacant no other person holds office as a
judge of the Supreme Court.
(4.) A person appointed under clause (2.) of this Article to act as a judge of the Supreme
Court shall continue to act for the period of his appointment or, if no such period is specified,
until his appointment is revoked by the President.15
Matters concerning the Constitution
54.-(1.) The Supreme Court shall, to the exclusion of any other court, have original
jurisdiction to determine any question arising under or involving the interpretation or effect
of any provision of this Constitution.
(2.) Without prejudice to any appellate jurisdiction of the Supreme Court, where in any
proceedings before another court a question arises involving the interpretation or effect of
any provision of this Constitution, the cause shall be removed into the Supreme Court, which
shall determine that question and either dispose of the case or remit it to that other court to be
disposed of in accordance with the determination.
The Cabinet may refer questions on Constitution to the Supreme Court16 - The President or a Minister may, in accordance with the approval of the Cabinet, refer to
the Supreme Court for its opinion any question concerning the interpretation or effect of any
provision of this Constitution which has arisen or appears to the Cabinet likely to arise, 和
the Supreme Court shall pronounce in open court its opinion on the question.
Subordinate courts - There shall be such subordinate courts as are established by law and those courts possess
such jurisdiction and powers as are prescribed by law.
Appeals
57.-(1.) Parliament may provide that an appeal lies as prescribed by law from a judgment,
decree, order or sentence of the Supreme Court constituted by one judge to the Supreme
Court constituted by not less than two judges.
(2.) Parliament may provide that an appeal lies as prescribed by law from a judgment, decree,
order or sentence of the Supreme Court to a court of another country.
PART VI.
FINANCE
Treasury Fund - All revenues and other moneys raised or received by Nauru, not being revenues or other
moneys payable by law into another fund established for a specific purpose, shall be paid into
and form a Treasury Fund.17
Withdrawals from Treasury Fund and public funds
59.-(1.) No moneys shall be withdrawn from the Treasury Fund except to meet expenditure
that is charged upon the Treasury Fund by this Constitution or in accordance with law.
(2.) No moneys shall be withdrawn from any fund referred to in Article 58 other than the
Treasury Fund except in accordance with law.
(3.) A proposed law for the withdrawal of moneys from the Treasury Fund or any other fund
referred to in Article 58 shall not receive the certificate of the Speaker under Article 47 unless
the purpose of the withdrawal has been recommended to Parliament by the Cabinet.18
(4.) The Cabinet shall cause to be prepared and laid before Parliament before the date of
commencement of each financial year (or if, in respect of a particular financial year,
Parliament, by resolution, determines a later date, before that later date), estimates of the
revenues and expenditure of Nauru for that year.19
Taxation - No tax shall be raised except as prescribed by law and a proposed law for the imposition
of a tax shall not receive the certificate of the Speaker under Article 47 unless the imposition
of the tax has been recommended to Parliament by the Cabinet.20
Withdrawal of moneys in advance of appropriation law
61.-(1.) If the appropriation law in respect of a financial year has not received the certificate
of the Speaker under Article 47 on or before the twenty-first day before the commencement
of that financial year, the Cabinet may, in accordance with clause (2.) 本文的,
recommend to Parliament a proposed law authorising the withdrawal of moneys from the
Treasury Fund for the purpose of meeting expenditure necessary to carry on the services of
the Republic of Nauru after the commencement of that financial year until the expiration of
three months or the coming into operation of the appropriation law, whichever is the earlier.21
(2.) A recommendation by the Cabinet referred to in clause (1.) of this Article shall be in
writing delivered to the Speaker not later than the fourteenth day before the commencement
of the financial year and the Speaker shall, on receiving the recommendation, lay it before
Parliament as soon as practicable.22
(3.) For the purposes of clause (2.) of this Article and notwithstanding Article 40, the Speaker
shall, if necessary, appoint a time for the beginning of a session, or for a sitting, of
Parliament.23
(4.) Where the Cabinet has recommended a proposed law under clause (1.) of this Article and
neither the appropriation law nor that proposed law has come into operation on or before the
commencement of that financial year, the Cabinet may authorise the withdrawal of moneys in
accordance with that proposed law but the amount of moneys so withdrawn shall not exceed
one-quarter of the amount withdrawn under the authority of the appropriation law or laws in
respect of the preceding financial year.24
Long Term Investment Fund
62.-(1.) There shall be a Long Term Investment Fund constituted by the moneys that
immediately before the commencement of this Constitution constituted a fund called the
Nauruan Community Long Term Investment Fund and by such other moneys as are
appropriated by law for payment into the fund or are paid into the fund as provided by clause
(2.) 本文的.
(2.) Moneys constituting the Long Term Investment Fund may be invested as prescribed by
law and income derived from moneys so invested shall be paid into the fund.
(3.) Notwithstanding the provisions of Article 59, no moneys shall be withdrawn from the
Long Term Investment Fund (otherwise than for investment under clause (2.) 本文的)
until the recovery of the phosphate deposits in Nauru has, by reason of the depletion of those
deposits, ceased to provide adequately for the economic needs of the citizens of Nauru.
Phosphate royalties
63.-(1.) Parliament may provide for the establishment of a fund for the benefit of persons
from whose land phosphate deposits have been recovered and for the payment into that fund
of amounts from the Treasury Fund and for the payment of moneys out of that fund to those
persons.
(2.) Parliament may provide for the payment from the Treasury Fund to persons from whose
land phosphate deposits have been recovered of such royalties as are prescribed by law.
Contingencies Fund
64.-(1.) Parliament may provide for the establishment of a Contingencies Fund and for
authorising the Cabinet, if satisfied that there has arisen an urgent and unforeseen need for
expenditure for which no other provision exists, to make advances from that fund for the
purposes of that expenditure.25
(2.) Where an advance is made from the Contingencies Fund, provision may be made by law
for replacing the amount so advanced.
Remuneration of certain officers
65.-(1.) There shall be paid to the holders of the offices to which this Article applies such
salary and such allowances as are prescribed by law.26
(2.) The salaries and allowances payable to the holders of the offices to which this Article
applies are a charge on the Treasury Fund.
(3.) The salary and allowances payable to the holder of an office to which this Article applies
and his other conditions of service shall not be altered to his disadvantage during the term of
his appointment.
(4.) This Article applies to the office of judge of the Supreme Court, Clerk of Parliament and
Director of Audit.
Director of Audit
66.-(1.) There shall be a Director of Audit, whose office is a public office.
(2.) The powers and functions and the conditions of service of the Director of Audit are,
subject to this Constitution, as prescribed by law.
(3.) The Director of Audit shall not hold or act in any other public office during his period of
service and a person who has held the office of Director of Audit shall not hold or act in any
public office during the period of three years after he ceases to be Director of Audit.
(4.) The Director of Audit may resign his office at any time by writing under his hand
delivered to the Speaker.
(5.) The Director of Audit may not be removed from office except on a resolution of
Parliament approved by not less than two-thirds of the total number of members of
Parliament praying for his removal from office on the ground of proved incapacity or
misconduct.
Public debt
67.-(1.) All debt charges for which Nauru is liable are a charge on the Treasury Fund.
(2.) 就本文而言, debt charges include interest, sinking fund charges,
repayment or amortisation of debt and all expenditure in connexion with the raising of loans
and the service and redemption of the debt thereby created.
PART VII.***
*** Part VII., 文章 68-70 substituted 17.5.68
THE PUBLIC SERVICE
Appointments etc., in the Public Service
68.-(1.) Except as otherwise provided by law under Article 69, there is vested in the Chief
Secretary the power –
(A) to appoint, subject to clause (3.) 本文的, persons to hold or act in offices in the
Public Service;
(乙) to exercise disciplinary control over persons holding or acting in such offices; 和
(C) to remove such persons from office.
(2.) The Chief Secretary may, by instrument in writing under his hand, delegate to a public
officer power to exercise disciplinary control over persons holding or acting in such public
offices, other than offices referred to in clause (3.) 本文的, as the Chief Secretary
specifies in the instrument and such delegation is subject to such conditions, if any, as the
Chief Secretary specifies in the instrument.
(3.) The Chief Secretary may not exercise his power under paragraph (A) of 子句 (1.) of this
Article in relation to the office of a person in charge of a department of government and such
other offices as are prescribed by law except in accordance with the approval of the Cabinet.
(4.) The Chief Secretary shall report to the Cabinet on such matters relating to the exercise of
the powers under this Article as are prescribed by law at least once a year and the Cabinet
shall cause a copy of the report to be laid before Parliament.
Power of Parliament to establish Public Service Board and to make special provisions
regarding police
69.-(1.) Parliament may make provision for either or both of the following:-
(A) vesting the powers and functions of the Chief Secretary under clauses (1.) 和 (2.) of
Article 68 in a Public Service Board consisting of the Chief Secretary, who shall be Chairman,
and not less than two other persons who are not members of Parliament; 和
(乙) subject to clause (2.) 本文的, vesting in the public officer in charge of the Nauru
Police Force the powers and functions of the Chief Secretary under clause (1.) of Article 68,
in so far as they apply to or in respect of public officers in the Nauru Police Force.
(2.) Where Parliament makes provision under paragraph (乙) of 子句 (1.) 本文的 –
(A) it shall also make provision for establishing a Police Service Board consisting of not less
than three persons, who are not members of Parliament, of whom one shall be the Chief
Justice, who shall be Chairman, one shall be the Chief Secretary, and one shall be a person
elected by members of the Nauru Police Force in such manner and for such term as are
prescribed by law;
(乙) the power of the public officer in charge of the Nauru Police Force to appoint persons to
hold or act in offices in the Nauru Police Force shall be subject to such consent, if any, of the
Police Service Board as is required by law; 和
(C) the Chief Secretary or, where Parliament has made provision for a Public Service Board,
the Public Service Board, shall not exercise the powers or perform the functions under
clauses (1.) 和 (2.) of Article 68 in so far as they apply to or in respect of public officers in
the Nauru Police Force.
(3.) An appeal lies to the Police Service Board from a decision of the public officer in charge
of the Nauru Police Force under this Article to remove a public officer from office or to
exercise disciplinary control over a public officer at the instance of the public officer in
respect of whom the decision is made.
(4.) The Police Service Board shall exercise such other powers and functions as are conferred
on it by law and shall, subject to this Article and any law, regulate its own procedure.
(5.) Except as otherwise provided by law, no appeal lies from a decision of the Police Service
Board.
Public Service Appeals Board
70.-(1.) There shall be a Public Service Appeals Board which shall consist of the Chief
Justice, who shall be Chairman, one person appointed by the Cabinet and one person elected
by public officers as prescribed by law.
(2.) A member of Parliament is not qualified to be a member of the Public Service Appeals
Board.
(3.) A member of the Public Service Appeals Board ceases to hold office-
(A) upon being elected a member of Parliament;
(乙) if he was appointed by the Cabinet, upon being removed from office by the Cabinet or
upon resigning his office by writing under his hand delivered to the President; 或者
(C) if he was elected by public officers, upon the expiration of the term for which he was
elected, upon being removed from office in the manner prescribed by law or upon resigning
his office by writing under his hand delivered to the Chief Secretary.
(4.) Whenever a member of the Public Service Appeals Board, other than the Chief Justice, is
unable for any reason or ineligible under clause (5.) of this Article to perform the duties of his
office, the Cabinet may-
(A) if the member was appointed by it, appoint a person who is not a member of Parliament;
或者
(乙) if the member was elected by public officers, appoint, subject to such conditions, if any,
as are prescribed by law, a person,
to act as a member of the Public Service Appeals Board during the period of the inability or
ineligibility of the member.
(5.) Parliament may provide that a member of the Public Service Appeals Board, other than
the Chief Justice, is ineligible to act in relation to such matters as are prescribed by law.
(6.) Except where an appeal lies to the Police Service Board under Article 69, an appeal lies
to the Public Service Appeals Board from a decision to remove a public office or to exercise
disciplinary control over a public officer at the instance of the public officer in respect of
whom the decision is made.
(7.) The Public Service Appeals Board shall exercise and perform such other powers and
functions as are conferred on it by law and shall, subject to this Constitution and any law,
regulate its own procedure.
(8.) Except as otherwise provided by law, no appeal lies from a decision of the Public Service
Appeals Board.
PART VIII.
CITIZENSHIP
Members of Nauruan community to be Nauruan citizens - A person who on the thirtieth day of January One thousand nine hundred and sixty-eight
was included in one of the classes of persons who constituted the Nauruan Community within
the meaning of the Nauruan Community Ordinance 1956-1966 of Nauru is a Nauruan citizen.
Persons born on or after 31 January 1968
72.-(1.) A person born on or after the thirty-first day of January One thousand nine hundred
and sixty-eight is a Nauruan citizen if his parents were Nauruan citizens at the date of his
birth.
(2.) A person born on or after the thirty-first day of January One thousand nine hundred and
sixty-eight is a Nauruan citizen if he is born of a marriage between a Nauruan citizen and a
Pacific Islander and neither parent has within seven days after the birth of that person
exercised a right prescribed by law in the manner prescribed by law to determine that that
person is not a Nauruan citizen.
Persons born in Nauru on or after 31 January 1968 - A person born in Nauru on or after the thirty-first day of January One thousand nine
hundred and sixty-eight is a Nauruan citizen if, at the date of his birth he would not, but for
the provisions of this Article, have the nationality of any country.
Women married to Nauruan Citizens - A woman, not being a Nauruan citizen, who is married to a Nauruan citizen or has been
married to a man who was, throughout the subsistence of the marriage, a Nauruan citizen, is
entitled, upon making application in such manner as is prescribed by law, to become a
Nauruan citizen.27
Powers of Parliament regarding citizenship
75.-(1.) Parliament may make provision for the acquisition of Nauruan citizenship by persons
who are not otherwise eligible to become Nauruan citizens under the provisions of this Part.
(2.) Parliament may make provision for depriving a person of his Nauruan citizenship being a
person who has acquired the nationality of another country otherwise than by marriage.
(3.) Parliament may make provision for depriving a person of his Nauruan citizenship being a
person who is a Nauruan citizen otherwise than by reason of Article 71 or Article 72.
(4.) Parliament may make provision for the renunciation by a person of his Nauruan
citizenship.
Interpretation
76.-(1.) In this Part, “Pacific Islander” has, except as otherwise prescribed by law, the same
meaning as in the Nauruan Community Ordinance 1956-1966 of Nauru.
(2.) A reference in this Part to the citizenship of the parent of a person at the date of that
person’s birth shall, in relation to a person one of whose parents died before the birth of that
person, be construed as a reference to the citizenship of the parent at the time of the parent’s
death.
PART IX.
EMERGENCY POWERS
Declaration of an emergency
77.-(1.) If the President is satisfied that a grave emergency exists whereby the security or
economy of Nauru is threatened he may, by public proclamation, declare that a state of
emergency exists.28
(2.) A declaration of emergency lapses-
(A) if the declaration is made when Parliament is sitting, at the expiration of seven days after
the date of publication of the declaration; 或者
(乙) in any other case, at the expiration of twenty-one days after the date of publication of the
declaration,
unless it has in the meantime been approved by a resolution of Parliament approved by a
majority of the members of Parliament present and voting.
(3.) The President may at any time revoke a declaration of emergency by public proclamation.
(4.) A declaration of emergency that has been approved by a resolution of Parliament under
clause (2.) of this Article remains, subject to the provisions of clause (3.) 本文的, 在
force for twelve months or such shorter period as is specified in the resolution.
(5.) A provision of this Article that a declaration of emergency lapses or ceases to be in force
at a particular time does not prevent the making of a further such declaration whether before
or after that time.
Emergency powers - (1.) During the period during which a declaration of emergency is in force, the President
may make such orders as appear to him to be reasonably required for securing public safety,
maintaining public order or safeguarding the interests or maintaining the welfare of the
community.29
(2.) An order made by the President under clause (1.) of this Article30:
(A) has effect notwithstanding anything in Part II of this Constitution or in Article 94;
(乙) is not invalid in whole or in part by reason only that it provides for any matter for which
provision is made under any law or because of inconsistency with any law; 和
(C) lapses when the declaration of emergency lapses unless in the meantime the order is
revoked by a resolution of Parliament approved by a majority of the members of Parliament
present and voting.
(3.) The revocation or lapsing of an order made by the President under clause (1.) of this
Article does not affect the previous operation of that order, the validity of anything done or
omitted to be done under it or any offence committed or penalty or punishment incurred.31
Restriction on detention
79.-(1.) For the purposes of this Article there shall be an advisory board consisting of the
Chief Justice, one person nominated by the Chief Justice and one person nominated by the
Cabinet.32
(2.) A person detained under an order under Article 78 shall, as soon as practicable, be
informed of the reasons for his detention and be brought before the advisory board and
permitted to make representations against his detention.
(3.) No person shall be detained under an order under Article 78 for a period exceeding three
months unless that person has been brought before the advisory board and any
representations made by him have been considered by it and it has within that period
determined that there is sufficient cause for the detention.
PART XI.
GENERAL
Grant of pardon - The President may-
(A) grant a pardon, either free or subject to lawful conditions, to a person convicted of an
offence;33
(乙) grant to a person a respite, either indefinite or for a specified period, of the execution of a
punishment imposed on that person for an offence;
(C) substitute a less severe form of punishment for any punishment imposed on a person for
冒犯; 或者
(d) remit the whole or a part of a punishment imposed on a person for an offence or of a
penalty or forfeiture on account of an offence.
Interpretation
81.-(1.) In this Constitution, unless the context otherwise requires:-
“Article”
“Article” means Article of this Constitution;
“Cabinet”34
“Cabinet” means the Cabinet established under Article 17;
“Chief Justice”
“Chief Justice” means the Chief Justice of the Supreme Court;
“Chief Secretary”35
“Chief Secretary” means the Chief Secretary of Nauru appointed under Article 25;
“Court”
“Court” means a court of law having jurisdiction in Nauru;
“Existing law”
“Existing law” means a law in force in Nauru immediately before Independence Day;
“Government Gazette”36
“Government Gazette” means the Nauru Government Gazette;
“Independence Day”
“Independence Day” means the thirty-first day of January, One thousand nine hundred and
sixty-eight;
“Law”
“Law” includes an instrument having the force of law and an unwritten rule of law and
“合法的” 和 “lawfully” shall be construed accordingly;
“Minister”37
“Minister” means a Minister of the Cabinet;
“Month”
“Month” means calendar month;
“Parliament”38
“Parliament” means the Parliament of Nauru established under Article 26;
“人”
“人” includes a body corporate or politic;
“President”39
“President” means the President of Nauru;
“Property”
“Property” includes a right, title or interest in or over property;
“Public office”
“Public office” means an office of emolument in the public service;
“Public officer”
“Public officer” means a person holding or acting in a public office;
“Public service”
“Public service” means, subject to the provisions of this Article, the service of the Republic
of Nauru;
“Schedule”
“Schedule” means Schedule to this Constitution;
“Session”40
“Session” means the period beginning when the Legislative Assembly of Nauru first met on
Independence Day or after Parliament has at any time been prorogued or dissolved and
ending when next Parliament is prorogued or dissolved;
“Sitting”
“Sitting” means a period during which Parliament is sitting without adjournment;
“Speaker”
“Speaker” means the Speaker of Parliament;
“Supreme Court”
“Supreme Court” means the Supreme Court of Nauru established under Article 48;
“Writing”
“Writing” includes any mode of representing or reproducing words in a visible form.
(2.) In this Constitution41
(A) a reference to an office in the public service does not include-
(我) a reference to the office of President, Minister, Speaker, Deputy Speaker, member of
Parliament or Clerk of Parliament;
(二、) a reference to the office of a Judge of the Supreme Court; 或者
(三、) except in so far as is prescribed by law, a reference to the office of a member of a council,
board, panel, committee or other similar body, whether incorporated or not, established by
law; 和
(乙) a reference to an office of profit in the service of Nauru does not include a reference to the
office of President, Minister, Speaker, Deputy Speaker, or member of Parliament.
(3.) In this Constitution, unless the context otherwise requires, a reference to the holder of an
office by an expression designating his office shall be construed as including, to the extent of
his authority, a reference to a person for the time being authorised to exercise the powers or
perform the functions of that office.
(4.) In this Constitution, a reference to the total number of members of Parliament is a
reference to the number of members of which Parliament consists in accordance with Article
28.
(5.) In this Constitution, unless the context otherwise requires-
(A) words importing the masculine gender shall be taken to include females; 和
(乙) words in the singular include the plural and words in the plural include the singular.
(6.) Where a law is repealed, or is deemed to have been repealed, 经过, under or by reason of
this Constitution, the repeal does not-
(A) revive anything not in force or existing at the time at which the repeal takes effect;
(乙) affect the previous operation of the law or anything only done or suffered under the law;
(C) affect any right, privilege, obligation or liability acquired, accrued or incurred under the
law;
(d) affect any penalty, forfeiture or punishment incurred in respect of any offence committed
against the law; 或者
(e) affect any investigation, legal proceeding or remedy in respect of any such right, privilege,
obligation, liability, penalty, forfeiture or punishment,
and any such investigation, legal proceeding or remedy may be instituted, continued or
enforced, and any such penalty, forfeiture or punishment may be imposed, as if the law had
not been repealed.
(7.) Where a person is required by this Constitution to take and subscribe an oath, he shall be
permitted, if he so desires, to comply with that requirement by making and subscribing an
affirmation.
Parts, etc. of Constitution
82.-(1.) The headings of the Parts into which this Constitution is divided are part of this
Constitution.
(2.) A Schedule to this Constitution is part of this Constitution.
(3.) The preamble and the marginal notes to this Constitution do not form part of this
Constitution.
Right to mine phosphate
83.-(1.) Except as otherwise provided by law, the right to mine phosphate is vested in the
Republic of Nauru.42
(2.) Nothing in this Constitution makes the Government of Nauru responsible for the
rehabilitation of land from which phosphate was mined before the first day of July, 一
thousand nine hundred and sixty-seven.
Amendment of the Constitution43
84.-(1.) This Constitution shall not be altered except in accordance with this Article.
(2.) This Constitution may be altered by law but a proposed law for that purpose shall not be
passed by Parliament unless-
(A) there has been an interval of not less than ninety days between the introduction of the
proposed law in Parliament and the passing of the proposed law by Parliament; 和
(乙) it is approved by not less than two-thirds of the total number of members of Parliament.
(3.) A proposed law to alter or having the effect of altering the Fifth Schedule or any of the
provisions of this Constitution specified in the Fifth Schedule shall not be submitted for the
certificate of the Speaker under Article 47 unless, after it has been passed by Parliament, it
has been approved by not less than two-thirds of all the votes validly cast on a referendum
held, subject to clause (4.) 本文的, as prescribed by law.
(4.) A person who, at the time the referendum is held, is qualified to vote at an election of
members of Parliament, is entitled to vote at a referendum held for the purposes of this
Article and no other person is so entitled.
(5.) A proposed law to alter this Constitution shall not receive the certificate of the Speaker
under Article 47 unless it is accompanied by a certificate under the hand of the Clerk of
Parliament that the provisions of clause (2.) of this Article have been complied with and, if it
is a proposed law to which clause (3.) of this Article applies, by a certificate under the hand
of a person prescribed by law stating that it has been approved as provided by that clause.
PART XI.
TRANSITIONAL PROVISIONS
Existing laws
85.-(1.) A law in force in Nauru immediately before Independence Day continues in force,
subject to this Constitution and to any amendment of that law made by a law enacted under
this Constitution or by order under clause (6.) 本文的, until repealed by a law enacted
under this Constitution.
(2.) A law which has not been brought into force in Nauru before Independence Day may,
subject to this Constitution and to any amendment of that law made by law, be brought into
force on or after Independence Day and a law brought into force under this clause continues
in force subject as aforesaid, until repealed by a law enacted under this Constitution.
(3.) Clause (1.) of this Article does not apply to the Nauru Act 1965 of the Commonwealth of
澳大利亚, other than sections 4 和 53 of that Act, or to an Act of the Commonwealth of
Australia that immediately before Independence Day extended to Nauru as a Territory of that
Commonwealth.
(4.) The Constitutional Convention Ordinance 1967 of Nauru shall not be amended so as to
affect the membership of the Constitutional Convention established under that Ordinance.
(5.) Where a matter that, under this Constitution, is to be prescribed or otherwise provided for
by law, is prescribed or otherwise provided for by a law continued in force by clause (1.) 或者
(2.) 本文的, that matter has, on and after Independence Day, effect as if it had also
been prescribed or provided for by a law enacted under this Constitution.
(6.) For the purposes of bringing the provisions of an existing law into accord with the
provisions of this Constitution (other than Part II. of this Constitution) the President may,
except as otherwise prescribed by law, within a period of two years after Independence Day,
make, by order published in the Government Gazette, such adaptations, whether by way of
modification of, addition to or omission from those provisions, as he deems necessary or
expedient and an order so made has effect, or shall be deemed to have effect, from and
including such date, not being a date before Independence Day, as is specified in the order.44
Adaptation of existing laws
86.-(1) Subject to this Constitution, a reference in a law continued in force by clause (1.) 或者
(2.) of Article 85 to45
(A) the Governor-General of the Commonwealth of Australia; 或者
(乙) the Minister of State for Territories of the Commonwealth of Australia,
shall, unless the context otherwise requires, be read as a reference to the President.
(2.) Subject to this Constitution, a reference in a law continued in force by clause (1.) 或者 (2.)
of Article 85 to the Administrator of the Territory of Nauru shall, unless the context
otherwise requires, be read as a reference to the President or where responsibility for the
administration of that law is assigned to a Minister under Article 23, to that Minister.
(3.) Subject to this Constitution, a reference in a law continued in force by clause (1.) 或者 (2.)
of Article 85 to the Administrator of the Territory of Nauru acting in accordance with the
advice of the Executive Council of the Territory of Nauru shall, unless the context otherwise
requires, be read as a reference to the Cabinet.
Existing public officers
87.-(1.) Subject to this Constitution and any law, a person who immediately before
Independence Day hold; or is acting in a public office shall, on and after Independence Day,
hold or act in that office or the corresponding office established by this Constitution on the
same terms and conditions as those on which he holds or is acting in the public office
immediately before Independence Day.
(2.) Nothing in this Article shall be construed as applying to a person who immediately
before Independence Day holds or is acting in the office of Administrator, Public Service
Commissioner or Official Secretary.
Existing legal proceedings
- All legal proceedings pending or incomplete in the Central Court of the Island of Nauru
immediately before Independence Day shall stand removed to the Supreme Court, which
shall have jurisdiction to hear and determine the proceedings and the judgments and orders of
the Central Court of the Island of Nauru given or made before Independence Day shall have
the same force and effect as if they had been delivered or made by the Supreme Court.
The first Parliament46
89.-(1.) The persons who were elected at the election conducted during January, 一
thousand nine hundred and sixty-eight at the instance of the Constitutional Convention to
become members of the Legislative Assembly of Nauru on Independence Day are members
of the first Parliament and shall be deemed to have been elected in accordance with this
Constitution.
(2.) The first Parliament came into existence on Independence Day under the name of the
Legislative Assembly of Nauru and continues under the name of Parliament from and
including the date on which this clause comes into operation.
(3.) The first Parliament shall, unless sooner dissolved, continue for a period of three years
from and including Independence Day and shall then stand dissolved.
(4.) In this Article, “Constitutional Convention” means the Constitutional Convention
established under the Constitutional Convention Ordinance 1967 of Nauru.
Powers privileges and immunities of Parliament - Until otherwise declared by Parliament, the powers, privileges and immunities of
Parliament and of its members and committees shall be those of the House of Commons of
the Parliament of the United Kingdom of Great Britain and Northern Ireland and of its
members and committees as at the commencement of this Constitution.
Vesting of property, etc.
91.-(1.) All property and assets which, immediately before Independence Day, were vested in
the Administrator of the Territory of Nauru or in the Administration of the Territory of Nauru,
vest in the Republic of Nauru.
(2.) All rights, liabilities and obligations of the Administrator of the Territory of Nauru or of
the Administration of the Territory of Nauru, whether arising out of contract or otherwise, are
rights, liabilities and obligations of the Republic of Nauru.
Constitutional Convention to continue in existence
92.-(1.) Notwithstanding the coming into force of this Constitution, the Constitutional
Convention established under the Constitutional Convention Ordinance 1967 of Nauru shall,
subject to this Article, continue in existence during the period of five months after
Independence Day or, if the Constitutional Convention approves by resolution a shorter
period, during that shorter period.
(2.) The Constitutional Convention shall, in lieu of the powers held by it before Independence
Day, have the powers conferred on it by clause (3.) 本文的.
(3.) The Constitutional Convention may, during the period referred to in clause (1.) of this
Article, by resolution approved by a majority of the members of the Constitutional
Convention, alter any of the provisions of this Constitution other than this Article and clause
(4.) of Article 85.
(4.) In this Article, a reference to the members of the Constitutional Convention is a reference
to the number of members of which it consists on the day on which the question arises.
Agreement of 14 十一月 1967 relating to Phosphate Industry
93.-(1.) The Agreement made on the fourteenth day of November, One thousand nine
hundred and sixty-seven between the Nauru Local Government Council of the one part and
the Partner Governments of the other part shall, on and after Independence Day, be construed
as an agreement between the Government of the Republic of Nauru of the one part and the
Partner Governments of the other part and all rights, liabilities, obligations and interest of the
Nauru Local Government Council in or under that Agreement are, on and after Independence
Day, rights, liabilities, obligations and interest of the Government of the Republic of Nauru.
(2.) In clause (1.) 本文的, “Partner Governments” means the Government of the
Commonwealth of Australia, the Government of New Zealand and the Government of the
United Kingdom of Great Britain and Northern Ireland.
Financial provisions to 30 六月 1968 - Notwithstanding the provisions of Part VI. of this Constitution, no moneys shall be
withdrawn from the Treasury Fund or any other fund referred to in Article 58 before the first
day of July, 一千九百六十八, except-
(A) in accordance with the appropriations authorized under the Supply Ordinance 1967-68 of
Nauru or the Appropriation Ordinance 1967-68 of Nauru;
(乙) for the purpose of allocating, in respect of each ton of phosphate shipped from Nauru
before the first day of July, 一千九百六十八, to the funds or for the
purposes specified in the Sixth Schedule the amounts so specified;47 或者
(C) under a law enacted in accordance with Part VI of this Constitution.
Transitional provision relating to judges of the Supreme Court - Notwithstanding clause (3.) of Article 49, until otherwise provided by law, a person is
qualified to be appointed a judge of the Supreme Court if –
(A) he is or has been a judge of a court having jurisdiction in some part of the Commonwealth
of Australia or in such other place as is approved by Parliament by resolution for the purposes
of this Article or
(乙) he is entitled to practise as an advocate in or solicitor of such a court and has been so
entitled for not less than five years.
Transitional provisions relating to Chief Justice
96.-(1.) The powers and functions of the Chief Justice may, until the Chief Justice is first
appointed, be exercised or performed by not less than three persons, being persons who,
immediately before Independence Day, were magistrates of the Central Court within the
meaning of the Nauru Act 1965 of the Commonwealth of Australia.
(2.) Notwithstanding clause (1.) 本文的, the powers and functions of the Chief Justice
under Articles 69 和 70 may, until the Chief Justice is first appointed, be exercised or
performed by a person who, immediately before Independence Day, was a magistrate of the
Central Court referred to in clause (1.) of this Article.48
Director of Audit
97.-(1.) Notwithstanding Article 66, until the Director of Audit is first appointed the Cabinet
shall cause to be audited at least once in every year the public accounts of Nauru and the
accounts of such public bodies as Parliament by resolution determines.49
(2.) The Cabinet shall cause a report on the results of an audit under clause (1.) 本文的
to be laid before Parliament as soon as practicable after completion of the audit.50
Transitional provisions relating to Superannuation Board
98.-(1.) Until otherwise provided by law, the Superannuation Board established under the
Superannuation Ordinance 1966 of Nauru consists of three persons appointed by the Cabinet,
of whom one shall be chairman, one shall be an actuary or a person experienced in respect of
the investment of moneys and one shall be a person who is a contributor within the meaning
of that Ordinance elected by contributors in the manner prescribed by or under law.51
(2.) Notwithstanding clause (1.) of this Article and until otherwise provided by law, a person
who, immediately before this clause comes into effect, is a member of the Superannuation
Board referred to in clause (1.) 本文的, shall continue to be a member of the
Superannuation Board.52
Transitional provisions relating to the first President and Cabinet53
99.-(1.) Notwithstanding anything in Part III of this Constitution, the first President shall be
elected by Parliament at its first sitting held after this Article comes into effect.
(2.) The powers and functions of the President and of the Cabinet may, until the first
President is elected, be exercised or performed by the Council of State.
(3.) In this Article, “Council of State” means the Council of State of Nauru in existence
immediately before Part III of this Constitution relating to the President and the Executive
comes into effect.
Transitional provisions relating to Chief Secretary54 - Notwithstanding Article 25, the person who, immediately before this Article comes into
effect, holds the office of Chief Secretary shall hold the office of Chief Secretary established
by this Constitution.
THE SCHEDULES
First Schedule
Article 18.
Oath of member of Cabinet55
I, ……….. swear by Almighty God that I will faithfully carry out my duties as a member of the
Cabinet and that I will not improperly reveal any matters of which I have become aware by
reason of my membership of the Cabinet. So help me God.
Second Schedule
Article 28.
DIVISION OF NAURU INTO CONSTITUENCIES AND NUMBER OF
MEMBERS TO BE RETURNED BY EACH CONSTITUENCY
Constituency District or Districts of Nauru
comprised in constituency
Number of members to be
returned by constituency
Aiwo Aiwo 2
Anabar Anabar, Anibare, Ijuw 2
Anetan Anetan, Ewa 2
Boe Boe 2
Buada Buada 2
Meneng Meneng 2
Ubenide Baiti, Denigomodu, Nibok
Uaboe
4
Yaren Yaren 2
Third Schedule
Article 43
Oath of member of Parliament56
Oath
I, ……… swear by Almighty God that I will be faithful and bear true allegiance to the
Republic of Nauru and that I will justly and faithfully carry out my duties as a member of
瑙鲁议会. So help me God!
Fourth Schedule
Article 52.
Oath of Judge
I, …………. swear by Almighty God that I will be faithful and bear true allegiance to the
Republic of Nauru in the office of …………. and that I will do right to all manner of people
according to law, without fear or favour, affection or ill-will. So help me God!
Fifth Schedule57
(我) 第一部分
(二、) 第二部分.
(三、) 文章 16, 17.
(四号) 文章 26, 27, clause (7.) of Article 41.
(v) 文章 58, 59, 60, 62, 65.
(六) Article 71, clause (1.) of Article 72.
(vii) Article 84.
(viii) Clauses (1.), (2.), (3.) 和 (5.) of Article 85.
(ix) Article 93.
Sixth Schedule
Amount Fund or Purpose
- 70 Long Term Investment Fund established under Article 62.
0.50 Nauruan Landowners Royalty Trust Fund for the benefit of owners of
phosphate bearing lands.
0.60 Nauru Development Fund for promoting the economic development
of Nauru.
0.60 Nauru Development Fund for promoting the economic development
of Nauru.
0.80 Nauru Housing Fund for erecting, repairing or maintaining houses in
瑙鲁.
0.20 Nauru Rehabilitation Fund for the purpose of restoring or improving
the parts of the Island of Nauru that have been affected by mining for
phosphate.
0.60 For payment to the owners of phosphate bearing lands leased to the
British Phosphate Commissioners.
0.10 Nauru Royalty Fund for any of the purposes for which the Nauru
Local Government Council is authorised by the Nauru Local
Government Council Ordinance 1951-1967 of Nauru to expend
moneys.58
END NOTES
1 Part III Articles 16-25 substituted 17.5.68 [for provisions relating to Council of State]
2 Inserted 17.5.68
3
Substituted 17.5.68
4 Inserted 17.5.68
5
Inserted 17.5.68
6 Amended 17.5.68
7 Amended 17.5.68
8 Amended 17.5.68
9 Amended 17.5.68
10 Amended 17.5.68
11 Amended 17.5.68
12 Amended 17.5.68
13 Amended 17.5.68
14 Amended 17.5.68
15 Amended 17.5.68
16 Substituted 17.5.68
17 Amended 17.5.68
18 Amended 17.5.68
19 Amended 17.5.68
20 Amended 17.5.68
21 Amended 17.5.68
22 Substituted 17.5.68
23 Inserted 17.5.68
24 Substituted 17.5.68
25 Amended 17.5.68
26 Amended 17.5.68
27 Amended 17.5.68
28 Amended 17.5.68
29 Amended 17.5.68
30 Amended 17.5.68
31 Amended 17.5.68
32 Amended 17.5.68
33 Amended 17.5.68
34 Inserted 17.5.68
35 Inserted 17.5.68
36 Inserted 17.5.68
37 Inserted 17.5.68
38 Inserted 17.5.68
39 Inserted 17.5.68
40 Amended 17.5.68
41 Substituted 17.5.68
42 Substituted 17.5.68
43 Substituted 17.5.68
44 Inserted 17.5.68
45 Substituted 17.5.68
46 Substituted 17.5.68
47 Amended 17.5.68
48 Amended 17.5.68
49 Amended 17.5.68
50 Amended 17.5.68
51 Amended 17.5.68
52 Inserted 17.5.68
53 Inserted 17.5.68
54 Inserted 17.5.68
55 Inserted 17.5.68
56 Inserted 17.5.68
57 Substituted 17.5.68
58 Inserted 17.5.68