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Missing Persons Act

LAWS OF TUVALU
2008 REVISED EDITION

CAP. 17.35

MISSING PERSONS ACT

Arrangement of Sections

Section

1 Short title
2 Interpretation
3 Cases in which inquiries to be held
4 Cases in which inquiry need not be held
5 Reports
6 Application of Cap. 7.16 to inquiries regarding missing persons

Supporting Documents

MISSING PERSONS ACT

AN ACT TO PROVIDE FOR INQUIRIES INTO CASES OF MISSING PERSONS^[1]

Commencement [1 January 1985]^[2]

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1 Short title

This Act may be cited as the Missing Persons Act.

2 Interpretation

In this Act "magistrate" means —

(a) a magistrate within the meaning of the Death and Fire Inquiries Act^[3]; or

(b) a person appointed under section 14 of that Act.

3 Cases in which inquiries to be held

(1) Subject to section 3, an inquiry under this Act shall be held by a magistrate where —

(a) a person has been reported to a police officer as missing and the police have not found the missing person within six months after the date of the report; or

(b) the magistrate is of the opinion that an inquiry ought to be held; or

(c) the Attorney-General directs the magistrate to hold an inquiry under this Act; or

(d) a person referred to in subsection (4) requests the magistrate to hold an inquiry under this section.

(2) The magistrate shall inquire into —

(a) the cause and circumstances of the disappearance of the missing person; and

(b) all matters that will reveal, or are likely to reveal, whether the person is alive or dead; and

(c) if the person is alive or likely to be alive — his whereabouts or likely whereabouts at the time of the inquiry.

(3) Subsections (1) and (2) apply whether the disappearance occurred in Tuvalu or outside Tuvalu.

(4) The persons entitled under subsection (1)(d) to request an inquiry are —

(a) the Chief of Police;

(b) any of the following relatives of the missing person: —

(i) his spouse;

(ii) his father;

(iii) his mother;

(iv) his brother;

(v) his sister;

(vi) his child;

(c) a guardian of the missing person.

4 Cases in which inquiry need not be held

(1) If at any time after an inquiry under section 3 is required to be held the magistrate is satisfied that no good purpose would be served by holding or continuing the inquiry, he may so advise the Attorney-General, in writing.

(2) When the magistrate has so advised the Attorney-General he may close the inquiry unless the Attorney General directs otherwise.

(3) When an inquiry is closed under subsection (2) it shall not be re-opened except by direction of the Attorney-General.

5 Reports

(1) After hearing the evidence, the magistrate shall —

(a) give his finding in writing signed by him; and

(b) forward a copy, together with the depositions, to the Attorney-General; and

(c) if the finding is that the missing person is dead and died in Tuvalu forward a copy to the Registrar-General.

(2) On receipt of a copy of a finding forwarded under subsection (1)(c), the Registrar-General shall cause the death to be registered under the Births, Deaths and Marriages Registration Act^[4] .

6 Application of Cap. 7.16 to inquiries regarding missing persons

For the purposes of this Act —

(a) a magistrate has all applicable powers under Part II of the Death and Fire Inquiries Act; and

(b) the provisions of that Part, with any necessary modifications, apply.

ENDNOTES

¹ 1990 Revised Edition, Cap. 13A – Act 12 of 1984

^[2] GN 56/84

^[3] Cap. 7.16

^[4] Cap. 17.10