Crown Law

CROWN LAW DEPARTMENT

BACKGROUND:

The Crown Law Department was created by His Majesty's Government in 1988 to replace the Crown Solicitor's Office.

Before then, the Crown Solicitor's Office had provided legal services for His Majesty's Government.

The office of the Attorney General was then created as the Ministerial Head of Crown Law, and the office of the Solicitor General was created as the Head of Department for the new Crown Law.

The first Attorney General was Hon Tevita Poasi Tupou, who was before then the Crown Solicitor. The first Solicitor General was Mr 'Aisea Havea Taumoepeau.

The role of Crown Law since 1988 has been to provide to His Majesty's Government with the traditional legal services provided by the Law Officers, including legal advice, litigation (prosecutions, and civil and land matters), and legisaltive drafting.

Since November 2006, Crown Law has further taken up the role of increasing legal literacy within the community.

Despite dealing with on-going issues of lack of resources and high turn-over of legal staff, Crown Law has been able to continue the provision of legal services to His Majesty's Government and the people of the Kingdom, with professionalism and integrity.

FUNCTIONS & DUTIES:

The Attorney General is the First Law Officer for the Government of the Kingdom of Tonga. The Attorney General is not a Minister of the Crown, and will thus not be a member of Cabinet, Privy Council, or the Legislative Assembly of Tonga. The Attorney General however will still hold the same powers and privileges of a Minister of the Crown.

The change of the nature of the office of Attorney General from the previous appointment is an initiative by His Majesty to ensure that the Attorney General performs his legal functions independent of Government, as part of His Majesty's vision for Constitutional Reform and Good Governance.

The Attorney General's main responsibility is to direct the legal services provided by the Crown Law Department for the Government. These legal services include the following:

  • Providing legal advice to His Majesty's Cabinet, Government Ministries, and Departments
  • Drafting legislation for Government to be submitted to the Legislative Assembly
  • Conducting criminal prosecutions on behalf of the Crown (The Crown meaning his Majesty the King and the community at large)
  • Representing the Crown in civil, land, and where appropriate, family litigation
  • Performing law officers roles for the Judiciary and
  • Facilitating community law initiatives promoting the rule of law and legal awareness

In addition to the Crown Law Department's legal services, the Attorney General will also be responsible for the following:

  • Supporting constitutional integrity and governance
  • Ensuring legislative and statutory efficacy
  • Facilitating Government's lawful and responsible legal dealings
  • Providing legal advice on law reform
  • Executing statutory enforcement powers and
  • Performing responsibilities in an independent and transparent manner

The Solicitor General is the deputy to the Attorney General, and is the Head of Department of the Crown Law Department. He is responsible for implementing the directions of the Attorney General, and the daily administration and operations of the Crown Law Department.

ORGANIZATIONAL STRUCTURE:

Hon. Samiu Kuita Vaipulu - Deputy Prime Minister, Minister for Justice, Transport and Works, and Acting Attorney General

Mr. ‘Aminiasi Kefu -  Solicitor General

CONTACT INFORMATION:'Aminiasi Kefu

Solicitor General
Address:

Crown Law Department
PO Box 85, Lavinia Road,

Nuku'alofa

Kingdom of Tonga

Telephone:
(676) 25 347
Fax:
(676) 24 005
Mobile Phone:
(676) 771 5314



2011 Law Week builds on ‘Social Life and Laws' theme

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2 December 2011. A closing ceremony to conclude the 2011 Law Week was held at the Moulton Hall in Nuku'alofa on December 2, with the Minister for Justice and Public Enterprises, Hon. Clive Edwards as Guest of Honour.

The Minister for Police, Fire Services and Prisons, Hon. Lisiate ‘Akolo, the Lord Chief Justice Dishington Scott,  Justice Shuster including the Acting Secretary for Justice, Mr. Folau Lokotui, Solicitor General ‘Aminiasi Kefu and Magistrates Judges were among the distinguished guests at the ceremony.

The Law Week is an important initiative supported by His Majesty's Government to ensure compliance with the rule of law, by raising awareness and legal literacy within the community through various activities throughout the week.

Held every year and coordinated by the Crown Law Department, this year's program is the fifth Law Week that has been held in Tonga.

The closing ceremony reflected on the week's success which included popular talkback radio programmes, that particularly benefited those in the outer islands and rural areas that have little or no access to legal advice.

Prizes were also being presented by the Guest of Honour to students who won poetry and essay competitions on Law Week.

This year's Law Week is build on the theme, "Laws and Social Life", which recognizes the cohesion between society and the law as a very important factor in maintaining the fabric of a peaceful and prosperous Tonga.

Among the key objectives of all democratic governments is ensuring that social life is appropriately provided for in relevant and up to date laws presenting balanced views, thus forming the solid foundations on which an orderly and peaceful society is built.

Social issues with abuse of alcohol, tobacco, illicit drugs and an increasing rate of domestic violence in the Kingdom, are amongst the most prevalent aspects that has impacted the community and society today.

Upholding the law and enforcing it to effectively address these social issues, is a collective duty for not only key decision makers, legal practitioners but also every member of society.

The message was clear that society cannot exist in isolation without laws, and that laws also cannot exist in isolation of social norms - they must coexist for social order and the rule of law to prevail.

Tonga's Crown Law Department provides legal advice to His Majesty's Cabinet, Government Ministries, and Departments as well as litigation (prosecutions, and civil and land matters), and legislative drafting.

ENDS

Issued by the: Ministry of Information and Communications, Nuku'alofa, 2011.

 
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