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Disinterment of Bodies Act

LAWS OF TONGA

1988 Revised Edition

CHAPTER 81

DISINTERMENT OF BODIES ACT

Arrangement of Sections

Section
1 Short title.
2 Definition.
3 Prime Minister may give permission to disinter for certain purposes.
4 Terms of permit.
5 Breach of conditions of permit.
6 Disinterment without permission.
7 Mutilation of graves.
8 Saving.
9 Penalty.

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DISINTERMENT OF BODIES ACT

Acts Nos. 6 of 1931, 11 of 1988

AN ACT TO PREVENT DISINTERMENT OF BODIES AND DESECRATION OF GRAVES

Commencement [11th August, 1931]

1 Short title.

This Act may be cited as the Disinterment of Bodies Act.

2 Definition.

In this Act- "body" includes remains.

3 Prime Minister may give permission to disinter for certain purposes.

It shall be lawful for the Prime Minister on application made to him, to grant permission, subject to such conditions as he may think fit to impose, to disinter the body of any person buried in order that such body may be re-interred at some other place within or removed from the Kingdom:

Provided that no such permission shall be granted unless the Prime Minister is satisfied—

• (a) that the applicant is by reason of kinship, connection by marriage or friendship with the deceased or on any other grounds whatsoever a fit and proper person to make the application;
• (b) that such disinterment can be effected without danger to public health; and
• (c) that having regard to all the circumstances of the case it is expedient to grant such permission.
  

4 Terms of permit.

(1) Every such permission shall be granted either to the applicant if he is able and intends to supervise the disinterment or to some other person nominated by him who is able and willing to supervise the disinterment.

(2) Every such permission shall be in writing and shall state the name of the person to whom it is granted and the conditions upon which it is granted and shall be null and void if the grantee shall not personally supervise the disinterment.

(3) In this section "disinterment" shall also include the subsequent conveyance and custody of the body until it is re-interred within or removed from the Kingdom.

5 Breach of conditions of permit.

If any person to whom any such permission has been granted shall, after the disinterment has been commenced, commit any breach of any of the conditions of such permission he shall be guilty of an offence under this Act.

6 Disinterment without permission.

Any person who shall disinter, dig up, take out or exhume any body from any grave, vault or other burying place without the permission mentioned in section 3 hereof shall be guilty of an offence under this Act.

7 Mutilation of graves.

Any person who shall mutilate or destroy or remove any headstone or other stone or any ornament, sand, stone, earth or other material from any grave or dig or remove any portion of any grave or interfere with or expose the body in any grave shall be guilty of an offence under this Act.

8 Saving.

Nothing in this Act shall render it unlawful for a magistrate to order a body to be exhumed for the purpose of holding an inquest into the cause of death of such body.

9 Penalty.

Any person guilty of an offence under this Act shall be liable to a fine not exceeding $500 or to imprisonment not exceeding 2 years. (Amended by Act 11 of 1988.)

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