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 Amendment of Constitution - (1) Any of the provisions of this Constitution may be amended or repealed by Act, and new provisions may be inserted in this Constitution by Act, if a bill for

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