WHEREAS in terms of Section 76 and Schedule 3 of the Constitution, the Acts of Parliament of the United Kingdom of general application and in force on 1st January, 1961 shall have effect as part of the law of Solomon Islands subject to minor non‐substantive changes as may be deemed necessary.
AND WHEREAS the High Court has grappled with this situation in a number of cases brought before it on several occasions in this jurisdiction.
AND WHEREAS it is time the National Parliament enacted legislations to replace these often out‐dated and inappropriate Acts of the Parliament of the United Kingdom.
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 –
- The study of each Act of the Parliament of the United Kingdom from time to time in terms of section 76 and Schedule 3 to the Constitution;
- Desirability for modernising the relevant Act as far as the circumstances in Solomon Islands may allow;
- Reforms as may be necessary to ensure the continuance or otherwise of that law in the current context of the needs of Solomon Islands.
Dated at Honiara 1st day of May 1995.
Minister of Justice and Legal Affairs
NB: Explanation : Section 76 (a) of the Constitution as read with paragraph 1 of Schedule 3 to the Constitution are transitional provisions allowing Acts of the Parliament of the United Kingdom which are of general application and are in force on 1st January, 1961 to be part of the law of Solomon Islands subject to cosmetic changes. Identifying which Acts these are is a practical problem for Solomon Islands. Also, these Acts have already been replaced in the United Kingdom with modern modifications to suit modern circumstances. Such modifications though useful and necessary would not be part of the law of Solomon Islands if they are in force after 1st January, 1961. These are the problems that need immediate attention. The Acts must therefore be identified, studied and if required, modernised to suit the current needs of Solomon Islands.