Chief justices of Tonga 1905–40

Abstract

150 years have come with a mission: to change something about the Tongans and their ways ?their economy, their political alliances, their belief system.1 These pap?langi had their own priorities, which were only sometimes to the advan tage of the people of Tonga or their Government. The conflict of loyalties (whether to place of origin or to employer) was most marked in the case o? the pap?langi chief justices, who between 1905 and 1940 were 'appointed' and paid by the Government of Tonga, but who were 'selected' by the Colonial Office in London. They did not interpret the Constitution and laws in their Tongan context, taking into consideration the lack of legal experience of those who had framed the Constitution and laws, and looking at the con tradictions that arose from that inexperience. The legal advice and judgements of the chief justices were informed by their awareness that their future employ ment depended on the impression they made on the High Commissioner for the Western Pacific in Suva, and through him on the officials of the Colonial Office in London, rather than based on a wish to do the best they could for the Tongan people, who paid their salaries. The Constitution of 1875 provided for a Chief Justice who would preside over the new Supreme Court, would have security of tenure (dependent upon good behaviour), and over whom Parliament would have power of impeach ment if he misbehaved. He was to be a member of the Privy Council.2 The power to draft laws was not explicit in the Constitution, and indeed laws were drafted by Premier Shirley Baker between 1875 and 1890, and by Assistant Prem ier Basil Thomson in 1891.3 A major cause of the problems that were to arise in the period 1905-40 was that the Chief Justice was a member of the Executive (Privy Council) and the Legislature (Parliament), as well as being the chief (and sometimes only) member of the Judiciary. Between 1875 and 1905 the chief justices had been Tongans: 'Ahome'e, Taniela Lasike, Maealiuaki (the son of Sunia Mafile'o), and Siosiua Kaho.4 These