Executive Decrees and Definitions of Terrorism Intelligence Service Decree 1990 The Intelligence Service Decree was promulgated by the President prior to the promulgation of the 1990 Constitution.171 Terrorism is defined in section 2 of the Intelligence Service Decree as including: (a) (b) (c) acts of violence for the purpose of achieving a political objective in Fiji or in a foreign country (including acts of violence for the purpose of influencing the policy or acts of a government in Fiji or in a foreign country); and training, planning, preparations or other activities for the purposes of the commission in a foreign country of other acts of violence of a kind referred to in paragraph (a); and acts that are offences punishable under any law relating to internationally protected persons, the hijacking of aircraft or the protection of aircraft. The key words in the definition of terrorism are “acts of violence” and “violent subversion”. If demonstrations of opposition were kept within peaceful bounds and intentions the Decree would appear not to impede such expressions of dissent. The Fiji Court of Appeal has for the moment given its approval to ratification of Decrees without bill processing, in a short judgment in reliance on section 195 of the Constitution.172 In effect, Parliament, through the passing of the 1997 Constitution, is held to have ratified 251 Decrees promulgated between 1987 (after the two Military Coups of that year) and 1992. Parliament did not, however, debate the contents of the 251 Decrees when it did so.173 This issue may be taken on further appeal to the Supreme Court when the questions may be answered of whether Parliament may decline to follow the bill procedure for the imposition of legislation provided in the Constitution (sections 45, 46, 47) and whether it may movement (section 34) including entry into and departure from Fiji, expulsion and extradition; and the right to personal privacy and privacy of personal communications (section 37). 171 The Intelligence Service Decree was derived from a similarly worded piece of legislation from Singapore. The Intelligence Service was said to have been disbanded in 1998 with the Government instead relying on the Police Special Branch. 172 AG and Minister for Sugar v Silimaibau (unreported) Court of Appeal Fiji Civil App. No. ABU0050 of 2003S; 19th March 2004. 173 The High Court had expressed disapproval at the failure to submit executive decrees to Parliament for ratification, and in some cases had refused to apply part of, or all of, a decree: Silimaibau & Anor v Minister for Sugar Industry and 2 Others (unreported) Suva High Court Civil Action HBC155.01, 17 July 2003; State v Pickering [2003] NZAR 293;Tropic Wood Industries Ltd v Apenisa Balewakula & 3 Others (unreported) Lautoka High Court Civil Action HBC158.97L 4 October 2002; Koroi v Commissioner of Inland Revenue [2003] NZAR 18. 87