Chief Judicial Commissioner for the Western Pacific
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The Chief Justice of the High Commissioner's Court, more commonly known as the Chief Judicial Commissioner for the Western Pacific, was the chief judicial officer throughout the British Western Pacific Territories from 1877 through 1976. This was a supra-colonial entity established by the ''Western Pacific Orders-in-Council 1877'' (amended in 1879 and 1880), and by the ''Pacific Order-in-Council 1893''."B. (1.) The Chief Justice and every other judge for the time being of the Supreme Court, shall be, by virtue of his office, a Judicial Commissioner for the Western Pacific for the purposes of this Order, and is in this Order referred to as a Judicial Commissioner. (2.) Where, in the opinion of the High Commissioner, the attendance of a Judicial Commissioner holding office as aforesaid is impracticable, or would be inconvenient, the High Commissioner may from time to time in the name and on behalf of Her Majesty, by writing under his hand and seal, appoint a person of legal knowledge and experience to be a Judicial Commissioner for particular purposes or for a particular time
''The London Gazette'', 8 September 1893 (26439), pp. 5119-5121
Headed by a
High Commissioner for the Western Pacific The High Commissioner for the Western Pacific was the chief executive officer of the British Western Pacific Territories, a British colonial entity, which existed from 1877 until 1976. Numerous colonial possessions were attached to the Territorie ...
, who was also '' ex officio'' the
Governor of Fiji Fiji was a British Crown colony from 1874 to 1970, and an independent dominion in the Commonwealth from 1970 to 1987. During this period, the head of state was the British monarch, but in practice his or her functions were normally exercised loca ...
, until the end of 1952, it included numerous islands, mostly small, throughout
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. Composition varied over time, but Fiji (1877–1952) and the
Solomon Islands Solomon Islands is an island country consisting of six major islands and over 900 smaller islands in Oceania, to the east of Papua New Guinea and north-west of Vanuatu. It has a land area of , and a population of approx. 700,000. Its capit ...
(1893–1976) were its most durable members. From 1877 through 1961, the
Chief Justice of Fiji The chief justice is Fiji's highest judicial officer. The office and its responsibilities are set out in Chapter 5 of the 2013 Constitution of Fiji. The Chief Justice is appointed by the President on the advice of the Prime Minister Prime Mi ...
was ''ex officio'' Chief Judicial Commissioner, apart from a three-year suspension of the High Commission from 1942 through 1945 during the War in the Pacific, when many of Britain's colonies in Oceania were under either military administration or Japanese occupation. Appeals lay to the
Judicial Committee of the Privy Council The Judicial Committee of the Privy Council (JCPC) is the highest court of appeal for the Crown Dependencies, the British Overseas Territories, some Commonwealth countries and a few institutions in the United Kingdom. Established on 14 Aug ...
in London. From the beginning of 1953, Fiji and Tonga were separated from the High Commission as a prelude to full independence, and the High Commission offices were transferred to Honiara on Guadalcanal in the Solomon Islands, with the Governor of the Solomon Islands now being the High Commissioner ''ex officio''. The High Commissioner's Court, however, continued to meet in Suva, with the Chief Justice of Fiji continuing as Chief Judicial Commissioner for another decade, until 1962, when the two offices were separated. Under the Western Pacific (Courts) Order in Council, gazetted on 15 August 1961 and effective from 9 April 1962, the High Commissioner's Court was renamed the High Court of the Western Pacific and relocated to the Solomon Islands. The court consisted of a Chief Justice (as the office of Chief Judicial Commissioner was renamed – no longer the Chief Justice of Fiji) and two
puisne judge A puisne judge or puisne justice (; from french: puisné or ; , 'since, later' + , 'born', i.e. 'junior') is a dated term for an ordinary judge or a judge of lesser rank of a particular court. Use The term is used almost exclusively in common law ...
s, one based in
Port Vila Port Vila (french: Port-Vila), or simply Vila (; french: Vila; bi, Vila ), is the capital and largest city of Vanuatu. It is located on the island of Efate. Its population in the last census (2009) was 44,040, an increase of 35% on the pr ...
,
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(now
Vanuatu Vanuatu ( or ; ), officially the Republic of Vanuatu (french: link=no, République de Vanuatu; bi, Ripablik blong Vanuatu), is an island country located in the South Pacific Ocean. The archipelago, which is of volcanic origin, is east of no ...
), and the other in
Tarawa Tarawa is an atoll and the capital of the Republic of Kiribati,Kiribati
''
Gilbert and Ellice Islands (now
Kiribati Kiribati (), officially the Republic of Kiribati ( gil, ibaberikiKiribati),Kiribati
''The Wor ...
and
Tuvalu Tuvalu ( or ; formerly known as the Ellice Islands) is an island country and microstate in the Polynesian subregion of Oceania in the Pacific Ocean. Its islands are situated about midway between Hawaii and Australia. They lie east-nor ...
).Justice Gordon Ward (2005
''Achieving effective legal representation in small Pacific island Commonwealth States''
. Commonwealth Law Conference, London, September 2005
Most of the island groups had gained either independence or internal self-government by 1971. On 2 January 1976 after nearly all had been given separate statehood, the office of High Commissioner and the entity of the Pacific Territories were abolished. The High Commission of the Western Pacific was abolished, the last archives being finally packed up in Honiara in August 1978. Retrieved 19 November 2013. A remnant of the High Commission was the right of appeal from the courts of many island nations to the Court of Appeal of Fiji, then a right of appeal to the
Judicial Committee of the Privy Council The Judicial Committee of the Privy Council (JCPC) is the highest court of appeal for the Crown Dependencies, the British Overseas Territories, some Commonwealth countries and a few institutions in the United Kingdom. Established on 14 Aug ...
, which persisted into the late 1970s.


List of Chief Judicial Commissioners


References

Notes Citations Sources * * * * (D. Phil. dissertation) * *


Further reading


Library Resources for Pacific History
University of Auckland Library * Duff, Peter (1997) The evolution of trial by judge and assessors in Fiji Care, Jennifer Corrin (ed.) ''Journal of Pacific Studies'' Volume 21: Sources of Law in the South Pacific. * Handley, K.R. (2001) The constitutional crisis in Fiji. ''The Australian Law Journal'', Volume 75, November 2001, pp. 688–693. {{Chief Justices of British overseas territories Chief justices by country British Western Pacific Territories