Constitution of the Independent
State of Samoa
65
or omitted to be done thereunder, or any offence committed or any
penalty or punishment incurred.
108. Restriction on detention - (1) For the purposes of this
Article, there shall be an advisory board, which shall consist of:
(a) a Chairman appointed by the Head of State from
among the persons who are or have been Judges
of the Supreme Court or are qualified to be Judges
of the Supreme Court;
(b) two other members appointed by the Head of State,
acting in his or her discretion after consultation
with the Chief Justice.
(2) Where an Emergency Order made under the provisions of
Article 106 authorises the detention of any person:
(a) any person detained under the provisions of that Order
shall, as soon as possible, be informed of the
grounds for his or her detention and, subject to the
provisions of clause (3), of the allegations of fact
on which it is based, and be given an opportunity
of making representations to the advisory board
against his or her detention; and
(b) no person shall be detained under the provisions of
that Order for a period exceeding 3 months unless
the advisory board has considered any
representations made by the person under the
provisions of subclause (a) and has reported,
before the expiry of that period, that there is in its
opinion sufficient cause for the detention.
(3) This Article shall not require any authority or person who is
authorised to detain any person under any Emergency Order made
under the provisions of Article 106 to disclose facts whose
disclosure would in its or his or her opinion be against the national
interest.
PART XI
GENERAL AND MISCELLANEOUS
109. Amendment of Constitution - (1) Any of the provisions
of this Constitution may be amended or repealed by Act, and new
provisions may be inserted in this Constitution by Act, if a bill for
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