Tuvalu

PART X1 – PERJURY AND FALSE STATEMENTS AND DECLARATIONS 

98 False statements etc. with reference to marriage Any person who — 

(a) for the purpose of procuring a marriage or a certificate or licence for marriage knowingly and wilfully makes a false oath or makes or signs a false declaration, notice or certificate required under any Act for the time being in force relating to marriage; or 

(b) knowingly and wilfully makes or knowingly and wilfully causes to be made for the purpose of being inserted in any register of marriage a false statement as to any particular required by law to be known and registered relating to any marriage; or 

(c) forbids the issue of any certificate or licence for marriage by falsely representing himself to be a person whose consent to the marriage is required by law knowing such representation to be false, shall be guilty of a misdemeanour, and shall be liable to imprisonment for 7 years. 

 PART XVI – OFFENCES AGAINST MORALITY 

131 Abduction 

Any person who, with intent to marry or have sexual intercourse with a woman of any age, or to cause her to be married or carnally known by any other person, takes her away, or detains her, against her will, is guilty of a felony, and is liable to imprisonment for 7 years. 

 158 Sexual intercourse with certain collaterals 

(1) Any person who has sexual intercourse with any collateral either by blood or adoption up to and including the second degree of cousinship shall be liable to imprisonment for 5 years.12 

(2) The provisions of this section do not apply to unions between any persons who are lawfully married. 

 PART XVII – OFFENCES RELATING TO MARRIAGE 

162 Fraudulent pretence of marriage 

Any person who wilfully and by fraud causes any woman who is not lawfully married to him to believe that she is lawfully married to him and to cohabit or have sexual intercourse with him in that belief, shall be guilty of a felony, and shall be liable to imprisonment for 10 years. 

 164 Marriage ceremony fraudulently gone through without lawful marriage 

Any person who dishonestly or with fraudulent intention goes through the ceremony of marriage, knowing that he is not thereby lawfully married, shall be guilty of a felony, and shall be liable to imprisonment for 5 years. 

 PART XXVI – OFFENCES AGAINST LIBERTY 

241 Definition of kidnapping and abduction  

For the purposes of this Part —  

(a) any person who conveys any person beyond the limits of Tuvalu without the consent of that person, or of some person legally authorised to consent on behalf of that person, is said to kidnap that person; and  

(b) any person who by force compels, or by any deceitful means induces, any person to go from any place, is said to abduct that person.  

 244 Kidnapping or abducting in order to subject person to grievous harm, slavery, etc.  

Any person who kidnaps or abducts any person in order that such person may be subjected, or may be so disposed of as to put in danger of being subjected, to grievous harm, or slavery, the unnatural lust of any person, or knowing it to be likely at such person will be so subjected or disposed of, is guilty of a felony, and shall be liable to imprisonment for 10 years.  

 PART XXXVI – FORGERY, COINING, COUNTERFEITING AND SIMILAR OFFENCES 

330 Forgery of certain documents with intent to defraud or deceive 

(1) Forgery of any of the following documents, if committed with intent to defraud or deceive, is a felony and punishable with imprisonment for life, any document whatsoever having thereon or affixed thereto the stamp or impression of the Great Seal of the United Kingdom, Her Majesty’s Privy Seal, and privy signet of Her Majesty, Her Majesty’s Royal Sign Manual, or any other of Her Majesty’s official seals, or the public seal of Tuvalu. 

(2) Forgery of any of the following documents, if committed with intent to defraud or deceive, is a felony, and punishable with imprisonment for 14 years — 

(a) any register or record of births, baptisms, namings, dedications, marriages, deaths, burials or cremations, which now is, or hereafter may be by law authorised or required to be kept in Tuvalu, relating to any birth, baptism, naming, dedication, marriage, death, burial or cremation, or any part of any such register, or any certified copy of any such register, or of any part thereof; 

(b) any copy of any register of baptisms, marriages, burials or cremations, directed or required by law to be transmitted to any registrar or other officer; 

(c) any certified copy of a record purporting to be signed by any officer having charge of any public documents or records in Tuvalu; 

(d) any wrapper or label provided by or under the authority of the Accountant or the Customs Officer. 

(3) Forgery of any of the following documents, if committed with intent to defraud or deceive, is a felony, and punishable with imprisonment for 7 years— 

(a) any official document whatsoever of or belonging to any court of justice, or made or issued by any judge, magistrate, officer or clerk of any such court; 

(b) any register or book kept under the provisions of any law in or under the authority of any court of justice; 

(c) any certificate, office copy or certified copy of any such document, register, or book or of any part thereof; 

(d) any document which any magistrate is authorised or required by law to make or issue; 

(e) any document which any person authorised to administer an oath under any law in force in Tuvalu is authorised or required by law to make or issue; 

(f) any document made or issued by a head of a Government department or law officer of the Crown, or any document upon which, by the law or usage at the time in force, any court of justice or any officer might act: 

(g) any document or copy of a document used or intended to be used in evidence in any court of record, or any document which is made evidence by law; 

(h) any certificate or consent required by any Act for the celebration of marriage, 

(i) any licence for the celebration of marriage which may be given by law; 

(j) any certificate, declaration or order under any enactment relating to the registration of births or deaths; 

(k) any register, book, builder’s certificate, surveyor’s certificate, certificate of registry, declaration, bill of sale, instrument of mortgage, or certificate of mortgage or sale, under Part I of the Merchant Shipping Act 1894 or any entry or endorsement required by the said Part of the said Act to be made in or on any of those documents; 

(1) any permit, certificate or similar document made or granted by or under the authority of the Customs Officer or any other officer of Customs; 

(m) any certificate not heretofore specified. 

 332 Forging registers of births, baptisms, marriages, death or burial 

Any person who knowingly and unlawfully inserts, or causes or permits to be inserted, in any register of births, baptisms, marriages, deaths or burials which now is or hereafter shall be by law authorised or required to be kept in Tuvalu, or in any certified copy thereof, any false entry of any matter relating to any birth, baptism, marriage, death or burial, or knowingly and unlawfully gives any false certificate relating to any birth, baptism, marriage, death or burial or certifies any writing to be a copy or extract from any such register, knowing such writing or the part of such register where of such copy or extract shall be so given, to be false in any material particular, or offers, utters, disposes of or puts off any such register, entry, certified copy, or certificate knowing the same to be false, or offers, utters, disposes of or puts off any copy of an entry in any such register, knowing such entry to be false, is guilty of a felony, and shall be liable to imprisonment for 14 years. 

 333 Making false entry in copies of register sent to registrar 

Any person who knowingly and wilfully inserts, or causes or permits to be inserted, in any copy of any register directed or required by law to be transmitted to any registrar or other officer any false entry of any matter relating to any baptism, marriage, or burial, or knowingly and wilfully signs or verifies any copy of any register so directed or required to be transmitted as aforesaid, which copy is false in any part thereof, knowing the same to be false, or for any fraudulent purpose takes from its place of deposit and conceals any such copy of any register, is guilty of a felony, and shall be liable to imprisonment for 7 years. 

 COUNTER TERRORISM AND TRANSNATIONAL ORGANISED CRIME ACT 2009  

3 Interpretation  

(1) In this Act, unless the context otherwise requires: 

“exploitation” includes all forms of sexual exploitation (including sexual servitude and exploitation of another person’s prostitution), forced labour or services, slavery or practices similar to slavery, servitude and the removal of organs; 

“specified means” means any of the following: 

(a) threat; 

(b) use of force or other forms of coercion; 

(c) abduction; 

(d) fraud; 

(e) deception; 

(f) abuse of power or of a position of vulnerability; 

(g) giving or receiving payments or benefits to achieve the consent of a person having control over another person; 

“trafficking in persons” means the recruitment, transportation, transfer, harbouring or receipt of a person for the purpose of exploitation; 

 67 Offence of trafficking in persons 

(1) A person must not engage in trafficking in a person or be involved in the arranging of trafficking in a person, knowing that the person’s entry into Tuvalu or any other state is or was arranged by specified means. 

(2) Any person who breaches subsection (1) commits an offence and is liable on conviction to an imprisonment term not exceeding 25 years. 

 68 Offence of trafficking in children 

(1) A person must not intentionally engage in trafficking in a person who is a child or be involved in the arranging of trafficking in a person who is a child, regardless of whether the child’s entry into Tuvalu, or any other state is or was for arranged by specified means. 

(2) Any person who breaches subsection (1) commits an offence and is liable on conviction to an imprisonment term not exceeding 20 years. 

 70 Consent of trafficked person  

For sections 67 and 68, it is not a defense: 

(a) that the trafficked person consented to the intended exploitations; or 

(b) that the intended exploitation did not occur. 

Tuvalu Penal Code-English-PDF.

5  Marriage  of persons under 16 

A  marriage  solemnised between persons either of whom is under the age of 16 shall be void. 

 7  Marriage  of persons under 21 

(1) When either party to an intended  marriage , not being a widower or a widow, is under 21 years of age, the written consent of the father, or if he be dead or of unsound mind or absent from the district, of the mother, or if both be dead or of unsound mind or absent from the district, of the guardian of such party, shall be required: 

Provided, however, that — 

(a) when such party has no father, mother or guardian, the Registrar-General may, if satisfied after due inquiry that the intended  marriage  is a proper one, dispense with such consent; 

(b) when the person whose consent is required refuses his consent, the Registrar-General may, if satisfied after due inquiry that the refusal is perverse and that it is in the best interests of the party requiring the consent that the intended  marriage  should take place, dispense with such consent. 

(2) If the person required to signify his consent is illiterate, he shall sign his consent by placing his mark thereto after it has been read over and explained to him by a magistrate or a  marriage  officer who shall attest the same. 

 9 Registrar to issue certificate for  marriage  

The registrar, at any time after the expiration of 21 days and before the expiration of 3 months from the date of the notice, upon payment of the prescribed fee, shall thereupon issue his certificate in the Form B of Schedule 2: 

Provided always that he shall not issue his certificate until he has been satisfied that — 

(a) one of the parties has been resident within the district in which the  marriage  is intended to be solemnised at least 28 days preceding the granting of the certificate; 

(b) each of the parties to the intended  marriage  (not being a widower or widow) is 21 years old, or that if he or she is under age, that the required consent has been given or has been dispensed with; 

(c) there is no impediment of kindred or affinity, or any other lawful hindrance to the  marriage . 

 12 Objections to  marriage  

(1) At any time after notice of an intended  marriage  has been given but before the issue of the certificate for  marriage , any person, whose consent to the  marriage  is hereby required or who may know of any just cause why the  marriage  should not take place, may give notice, either orally or in writing, to the registrar of the district where notice of  marriage  has been given, stating the reasons why he objects to the  marriage . 

(2) On receipt of such notice, the registrar shall cause the word “forbidden” to be entered opposite to the entry of the notice of  marriage  in the  Marriage  Notice Book, and shall make full inquiry as to the genuineness or otherwise of the objection to the  marriage . 

(3) If the registrar is satisfied that no objection exists he shall cancel the word “forbidden” and make and sign an entry in the  Marriage  Notice Book to the effect that after investigation the objection was not sustained, and he may then issue his certificate and the  marriage  may proceed as if no objection had been entered. 

(4) If, on investigation, the objection is found to be valid, an entry to that effect shall be made in the  Marriage  Notice Book and the certificate for  marriage  shall not be issued: 

Provided that, if either party is dissatisfied with the decision of the registrar he may within 2 months refer the decision to the Registrar-General, or where the Registrar-General is himself the registrar of the district, to the Attorney-General who shall decide upon the validity or otherwise of the objection; and if the Registrar-General or the Attorney-General, as the case may be, decides that the objection is not valid the entry in the  Marriage  Notice Book shall be cancelled, and the certificate for  marriage  may then be issued. 

(5) The time which may have elapsed between the entering of an objection and the final decision in respect of it, shall not be computed in the period of 3 months specified in sections 9 and 10. 

(6) Any person who, without sufficient and proper cause, wilfully gives notice of objection to a  marriage  shall be liable to a fine of $50, and, in default of payment, to imprisonment for 3 months. 

 27 Unlawfully solemnising  marriage  ceremony 

Whoever solemnises a  marriage  without being qualified so to do, or if qualified so to do, does so without the authority of a certificate for  marriage  or of a licence, where such certificate or licence is required, shall be liable to a fine of $500 or to imprisonment for 1 year. 

 28 Offences relating to issue of certificates for  marriage  

If a registrar knowingly and wilfully — 

(a) issues a certificate for  marriage  before the expiration of 21 days from the day on which notice of  marriage  was entered in the  marriage  notice book; 

(b) issues a certificate for  marriage  after the expiration of 3 months from the said day; 

(c) issues a certificate for  marriage  the issue of which has been forbidden under section 12, 

he shall be liable to a fine of $500 or to imprisonment for 1 year. 

 29  Marriages  when invalid 

A  marriage  solemnised after the commencement of this Act shall be null and void if — 

(a) solemnised by a person other than a  marriage  officer; 

(b) either of the parties to it has married under a false name; 

(c) solemnised without the authority of a certificate for  marriage  or of a licence where such certificate or licence is required; 

(d) solemnised without the endorsement by the Registrar-General of the certificate for  marriage  where such endorsement is required. 

2 Amendment to section 5 

Section 5 of the  Marriage  Act is repealed in its entirety and replaced with the following text:- 

“5.  Marriage  of persons under 18 

The minimum marriageable age shall be 18. A  marriage  solemnised between persons either of whom is under the age of 18 shall be void.” 

3 Amendment to section 7 

Section 7 is repealed in its entirety and replaced with the following texts:- 

“7.  Marriage  of persons under 21 

(1) When either party to an intended  marriage , not being a widower or a widow, is under 21 years of age, the written consent of both the father and mother shall be required, unless:- 

(a) If one of the parent is dead, or of unsound mind, or absent from the district, the consent of the other parent shall be required; or 

(b) If both parents be dead, or of unsound mind or absent from the district, the consent of the guardian of such party shall be required. 

(2) Subject to sub-section (1) of this section:- 

(a) when a party has no father, mother or guardian, the Registrar-General may, if satisfied after due inquiry that the intended  marriage  is a proper one, dispense with such consent; or 

(b) when the person whose consent is required refuses his consent, the Registrar-General may, if satisfied after due inquiry that the refusal is perverse and that it is in the best interests of the party requiring the consent that the intended  marriage  should take place, dispense with such consent. 

(3) If the person required to signify his consent is illiterate, he shall sign his consent by placing his mark thereto after it has been read over and explained to him by a magistrate or a  marriage  officer who shall attest the same.