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In the Privy Council on Appeal from the Court of Appeal of Pitcairn Islands
IN THE PRIVY COUNCIL ON APPEAL FROM THE COURT OF APPEAL OF PITCAIRN ISLANDS No. of 2004 BETWEEN STEVENS RAYMOND CHRISTIAN First Appellant LEN CALVIN DAVIS BROWN Second Appellant LEN CARLISLE BROWN Third Appellant DENNIS RAY CHRISTIAN Fourth Appellant CARLISLE TERRY YOUNG Fifth Appellant RANDALL KAY CHRISTIAN Sixth Appellant A N D THE QUEEN Respondent CASE FOR STEVENS RAYMOND CHRISTIAN AND LEN CARLISLE BROWN PETITIONERS' SOLICITORS: Alan Taylor & Co Solicitors - Privy Council Agents Mynott House, 14 Bowling Green Lane Clerkenwell, LONDON EC1R 0BD ATTENTION: Mr D J Moloney FACSIMILE NO: 020 7251 6222 TELEPHONE NO: 020 7251 3222 6 PART I - INTRODUCTION CHARGES The Appellants have been convicted in the Pitcairn Islands Supreme Court of the following: (a) Stevens Raymond Christian Charges (i) Rape contrary to s7 of the Judicature Ordinance 1961 and s1 of the Sexual Offences Act 1956 (x4); (ii) Rape contrary to s14 of the Judicature Ordinance 1970 of the Sexual Offences Act 1956. Sentence 4 years imprisonment (b) Len Carlisle Brown Charges Rape contrary to s7 of the Judicature Ordinance 1961, the Judicature Ordinance 1970, and s1 of the Sexual Offences Act 1956 (x2). Sentence 2 years imprisonment with leave to apply for home detention The sentences have been suspended and the Appellants remain on bail pending the determination of this appeal. HUMAN RIGHTS In relation to human rights issues, contrary to an earlier apparent concession by the Public Prosecutor that the Human Rights Act 1978 applied to the Pitcairn Islands, it would appear not to have been extended to them, at least in so far as the necessary protocols to the Convention have not been signed to enable Pitcairners to appear before the European Court: R (Quark Fisheries Ltd) v Secretary of State for Foreign and Commonwealth Affairs [2005] 3 WLR 7 837 (Tab ). -
The Pitcairn Islands the World’S Largest Fully Protected Marine Reserve
A fact sheet from March 2015 The Pitcairn Islands The world’s largest fully protected marine reserve Overview In March 2015, the United Kingdom declared the world’s largest fully protected marine reserve in the remote waters surrounding the Pitcairn Islands in the South Pacific Ocean. The designation marks the first time any government has combined creation of a fully protected marine area with detailed plans for surveillance and enforcement that include use of the most up-to-date technology available. This approach sets a new standard for the comprehensive monitoring of protected areas. In 2013, The Pew Charitable Trusts and The National Geographic Society joined the local government, the Pitcairn Island Council, in submitting a proposal calling for creation of a marine reserve to protect these spectacular waters. The Pitcairn Islands Marine Reserve spans 834,334 square kilometres (322,138 square miles). Together with the Chagos Marine Reserve in the Indian Ocean, designated in 2010, the United Kingdom has created the world’s two biggest fully protected marine areas, totalling 1,474,334 square kilometres (569,243 square miles). Through these actions, the United Kingdom—caretaker of the fifth-greatest amount of marine habitat of any country in the world—has established its place as a global leader in ocean conservation. Pitcairn Islands Marine Reserve Traditional and cultural non-commercial fishing by the Pitcairn islanders and their visitors is permitted within 2 nautical miles of the summit of 40 Mile Reef and in a transit zone between Pitcairn and 40 Mile Reef. © 2015 The Pew Charitable Trusts Encompassing 99 per cent of Pitcairn’s exclusive economic zone, the Pitcairn Islands Marine Reserve is about 3½ times the size of the land area of the United Kingdom. -
In the Pitcairn Islands Supreme Court T 1/2011 In
IN THE PITCAIRN ISLANDS SUPREME COURT T 1/2011 IN THE MATTER under the Constitution of Pitcairn and the Bill of Rights 1688 AND IN THE MATTER OF a challenge to the vires of parts of the Pitcairn Constitution being ultra vires the Bill of Rights 1688 AND IN THE MATTER OF a constitutional challenge and the refusal of the Magistrates Court to refer a constitutional challenge to the Supreme Court and the failure of the Supreme Court to consider an appeal from the Magistrates Court AND CP 1/2013 IN THE MATTER OF a judicial review of the Attorney General and Governor BETWEEN MICHAEL WARREN Applicant/Appellant AND THE QUEEN Respondent Hearing: 07 to 11 and 14 to 17 April 2014; 01 August 2014; 23 September 2014 Appearances: Kieran Raftery and Simon Mount for the Crown Tony Ellis and Simon Park (on 23 September 2014) for Applicant/Appellant Judgment: 28 November 2014 ______________________________________________________________________ JUDGMENT OF HAINES J ______________________________________________________________________ This judgment was delivered by me on 28 November 2014 at 10 am pursuant to the directions of Haines J Deputy Registrar Table of Contents Para Nr Introduction [1] Course of the hearing [11] The application for a stay on the grounds of abuse of process – the self- determination claim The submission [19] The right to self-determination – sources [22] Ius cogens [24] Internal self-determination – treaty obligations of the UK – the Charter of the United Nations [32] Internal self-determination – treaty obligations of the UK – -
The Pitcairn Islands Marine Reserve (PDF)
A fact sheet from March 2015 The Pitcairn Islands Marine Reserve A global benchmark in marine protection Overview In September 2016, the United Kingdom created a fully protected marine reserve spanning about 830,000 square kilometres (320,465 square miles) in the remote waters surrounding the Pitcairn Islands in the South Pacific Ocean. The designation marked the first time that any government combined creation of a large, isolated and fully protected marine area with detailed plans for surveillance and enforcement that included use of the most up-to-date technology. This approach set a new standard for the comprehensive monitoring of protected areas. Three years earlier, in 2013, The Pew Trusts and the National Geographic Society had joined the local government, the Pitcairn Island Council, in submitting a proposal calling for creation of a marine reserve to safeguard these waters that teem with life. Together with the Chagos Marine Reserve in the Indian Ocean, designated in 2010, the United Kingdom has created two of the largest fully protected marine areas, totalling 1,470,000 square kilometres (567,017 square miles). Through these actions, the British government—caretaker of the fifth-greatest amount of marine habitat of any country in the world—has established its place as a global leader in ocean conservation. Pitcairn Islands Marine Reserve Traditional and cultural non-commercial fishing by the Pitcairn islanders and their visitors is permitted within 2 nautical miles of the summit of 40 Mile Reef and in a transit zone between Pitcairn and 40 Mile Reef. © 2017 The Pew Trusts Encompassing 99 per cent of Pitcairn’s exclusive economic zone, the Pitcairn Islands Marine Reserve is about 3½ times the size of the land area of the United Kingdom. -
A Study of Identity, Ethics and Power in the Relationship Between Britain and the United Kingdom Overseas Territories
University of Plymouth PEARL https://pearl.plymouth.ac.uk 04 University of Plymouth Research Theses 01 Research Theses Main Collection 2013 Distant Relations: A Study of Identity, Ethics and Power in the Relationship Between Britain and the United Kingdom Overseas Territories Harmer, Nichola http://hdl.handle.net/10026.1/1575 University of Plymouth All content in PEARL is protected by copyright law. Author manuscripts are made available in accordance with publisher policies. Please cite only the published version using the details provided on the item record or document. In the absence of an open licence (e.g. Creative Commons), permissions for further reuse of content should be sought from the publisher or author. DISTANT RELATIONS: A STUDY OF IDENTITY, ETHICS AND POWER IN THE RELATIONSHIP BETWEEN BRITAIN AND THE UNITED KINGDOM OVERSEAS TERRITORIES By NICHOLA HARMER A thesis submitted in partial fulfilment for the degree of DOCTOR OF PHILOSOPHY School of Geography, Earth and Environmental Sciences Faculty of Science December 2012 This copy of the thesis has been supplied on the condition that anyone who consults it is understood to recognise that its copyright rests with its author and that no quotation from the thesis and no information derived from it may be published without the author’s prior consent. ABSTRACT Nichola Harmer DISTANT RELATIONS: A STUDY OF IDENTITY, ETHICS AND POWER IN THE RELATIONSHIP BETWEEN BRITAIN AND THE UNITED KINGDOM OVERSEAS TERRITORIES This thesis contributes to new understandings of the contemporary relationship between Britain and the fourteen remaining United Kingdom Overseas Territories. By examining the discourse of social and political elites in Britain and in several Overseas Territories, it identifies the significance of the role of identity in shaping perceptions and relations between these international actors. -
Putting Down Roots Belonging and the Politics of Settlement on Norfolk Island
Putting Down Roots Belonging and the Politics of Settlement on Norfolk Island Mitchell Kenneth Low B.A. (Hons) University of Western Australia, 2004 This thesis is presented for the degree of Doctor of Philosophy of The University of Western Australia School of Social Sciences (Anthropology and Sociology) 2012 Abstract In this thesis I theorise emergent nativeness and the political significance of resettlement among the descendants of the mutineers of the Bounty in the Australian external territory of Norfolk Island (South Pacific). Norfolk Islanders are a group of Anglo-Polynesian descendants who trace their ancestry to unions between the mutineers of the HMAV Bounty and Tahitian women. Norfolk Islanders’ ancestors were resettled from their home of Pitcairn Island to the decommissioned, vacant, penal settlement of Norfolk Island in 1856. Since this date, members of the Norfolk community have remained at odds with state officials from Britain and Australia over the exact nature of their occupancy of Norfolk Island. This fundamental contestation over the Island’s past is the basis of ongoing struggles over recognition, Island autonomy and territoriality, and belonging. Using a combination of qualitative research conducted on Norfolk Island and extensive historical and archival research, I present an ethnography of belonging among a highly emplaced island population. One of the central problems in conceptualising Norfolk Islanders’ assertions of belonging is that Norfolk Islanders not only claim Norfolk as a homeland, but members of this community have at times declared themselves the indigenous people of the Island. With respect to recent anthropological theorisations of indigeneity as relationally and historically constituted, I consider the extent to which concepts such as ‘native’ and ‘indigenous’ may be applicable to descendants of historical migrants. -
World Heritage 32 COM
World Heritage 32 COM Distribution Limited WHC-08/32.COM/7B Paris, 22 May 2008 Original: English / French UNITED NATIONS EDUCATIONAL, SCIENTIFIC AND CULTURAL ORGANIZATION CONVENTION CONCERNING THE PROTECTION OF THE WORLD CULTURAL AND NATURAL HERITAGE World Heritage Committee Thirty-Second Session Quebec City, Canada 2 - 10 July 2008 Item 7B of the Provisional Agenda: State of conservation of World Heritage properties inscribed on the World Heritage List SUMMARY As per Decision 7 EXT.COM 4B.1, paragraph 9, this document contains information on the state of conservation of properties inscribed on the World Heritage List, and is separated in three categories: 1. State of conservation reports for adoption requiring discussion by the World Heritage Committee, and especially concerning properties considered for in- Danger listing; 2. State of conservation reports for adoption requiring no discussion by the World Heritage Committee. Decision required: The World Heritage Committee is requested to review the reports on the state of conservation of properties contained in this document. In certain cases, the World Heritage Committee may wish to decide to discuss in detail the state of conservation reports which are submitted for adoption without discussion. The World Heritage Committee may wish to adopt the draft Decision presented at the end of each state of conservation report. The full reports of Reactive Monitoring missions requested by the World Heritage Committee are available at the following Web address in their original language: http://whc.unesco.org/archive/2008/ State of conservation of World Heritage properties WHC-08/32.COM/7B, p. 2 inscribed on the World Heritage List Table of content I. -
Collecting, Exhibiting and Engaging with East Polynesia at the Museum of New Zealand Te Papa Tongarewa
Tuhinga 24: 105–138 Copyright © Te Papa Museum of New Zealand (2013) Collecting, exhibiting and engaging with East Polynesia at the Museum of New Zealand Te Papa Tongarewa Sean Mallon* and Grace Hutton** * Museum of New Zealand Te Papa Tongarewa, PO Box 467, Wellington, New Zealand ([email protected]) ** Museum of New Zealand Te Papa Tongarewa, PO Box 467, Wellington, New Zealand ([email protected]) ABSTRACT: The Pacific Cultures collection of the Museum of New Zealand Te Papa Tongarewa (Te Papa) holds significant artefacts from the islands of East Polynesia, including the Austral Islands, Society Islands, Marquesas Islands, Tuamotu Archipelago, Pitcairn Island and Rapa Nui (Easter Island). Some artefacts are important because of their historical association with the voyages of eighteenth-century English explorer James Cook. Others are less well documented but of outstanding aesthetic quality and once belonged to the early twentieth-century English collector William Oldman. In this survey article, we describe the holdings of East Polynesian material culture in Te Papa and argue for their relevance in the national museum of New Zealand. We also examine other holdings in Te Papa that have associations with East Polynesia, and outline a short history of outreach and engagement with communities from this region. KEYWORDS: East Polynesia, material culture, Austral Islands, Society Islands, Marquesas Islands, Pitcairn Island, Rapa Nui (Easter Island), Te Papa, Tahiti, James Cook, William Oldman. Introduction Rapa Nui (Easter Island). We do not cover the Tuamotu Archipelago or Mangareva (Gambier) Islands, as there are Given New Zealand’s twentieth-century colonial ties to the no cultural artefacts from these locations at Te Papa. -
Pitcairn Island Church Photo Courtesy of Maheata Adeline
Pitcairn Island Church Photo courtesy of Maheata Adeline. Pitcairn Island MILTON HOOK Milton Hook, Ed.D. (Andrews University, Berrien Springs, Michigan, the United States). Hook retired in 1997 as a minister in the Greater Sydney Conference, Australia. An Australian by birth Hook has served the Church as a teacher at the elementary, academy and college levels, a missionary in Papua New Guinea, and as a local church pastor. In retirement he is a conjoint senior lecturer at Avondale College of Higher Education. He has authoredFlames Over Battle Creek, Avondale: Experiment on the Dora, Desmond Ford: Reformist Theologian, Gospel Revivalist, the Seventh-day Adventist Heritage Series, and many magazine articles. He is married to Noeleen and has two sons and three grandchildren. The people of Pitcairn Island in the South Pacific first learned about the biblical Sabbath from John Tay in 1886, and the story of Pitcairn has become deeply entrenched in the history of the Seventh-day Adventist Church in the South Pacific. Pitcairn Territory and History A British Overseas Territory, the Pitcairn Islands group includes the islands of Pitcairn, Henderson, Ducie, and Oeno. The only inhabited island in the group is Pitcairn, which is a small volcanic outcrop that is approximately 3.2 kilometers (2 miles) long and 1.6 kilometers (1 mile) wide. It is situated at latitude 25.04° south and longitude 130.06° west in the South Pacific, which is approximately 2,170 kilometers (1,350 miles) east southeast of Tahiti. The islands’ administrative headquarters is situated in Auckland, New Zealand, which is 5,310 kilometers (3,300 miles) to the west. -
The Legal History of Pitcairn Island, 1900-2010
LAW IN ISOLATION: THE LEGAL HISTORY OF PITCAIRN ISLAND, 1900-2010 Michael 0. Eshleman* I. THE WESTERN PACIFIC HIGH COMMISSION, 1898-1952..............22 II. CLAIMING ISLANDS: 1902 ............................... 23 III. IN WITH THE OLD: 1904.................................24 IV. NEILL'S DRAFT: 1937 ..................... ..... ......... 28 V. H.E. MAUDE: 1940-41 .................................. 30 VI. POST-WAR: 1952......................................36 VII. CONTINUED NEGLECT: 1950s ............................. 38 VIII. REENACTMENTS: 1960S....................... .......... 41 IX. You CAN'T GET THERE FROM HERE, 1960s To DATE.................43 X. FIJI INDEPENDENCE: 1970 ........................... 47 XI. RAPE INVESTIGATIONS: 1996.............................51 XII. THE GROWING STATUTE BOOK: 2000s............ .......... 55 XIII. RAPE PROSECUTIONS: 2003-06 .................... ...... 59 XIV. CONSTITUTION: 2010 ..................... ...... ........ 67 XV. THE NEXT STEPS ........................................ 69 XVI. A NOTE ON SOURCES .................................... 70 "Mis-ter Chris-tian!" is a bark echoing through the decades, a byword for insubordination, thanks to Charles Laughton's signature-and quite fanciful-performance as Captain William Bligh, R.N., commander of the Royal Navy's Bounty.' Her crew had just enjoyed seven months of leisure * Member of the Ohio Bar. J.D., University of Dayton School of Law; B.A. McMicken College of Arts & Sciences, University of Cincinnati. Former law clerk to Hon. Stephen A. Wolaver, Greene County Court of Common Pleas, Xenia, Ohio; formerly with Angstman Law Office, Bethel, Alaska. This article complements the Author's related A South Seas State of Nature: The Legal History ofPitcairnIsland, 1790- 1900, 29 UCLA PAC. BAsIN L.J. (forthcoming 2011), and The New Pitcairn Islands Constitution: Plenty of Strong Yet Empty Wordsfor Britain'sSmallest Colony, 24 PACE INT'L L. REv. (forthcoming 2012). 1. MUTINY ON THE BOUNTY (Metro-Goldwyn-Mayer 1935); Charles Laughton, VARIETY, Dec. -
Review of Pacific Collections in Scottish Museums Review of Pacific
ReviewReview of of Paci Pacificfic Collections Collections in inScottish Scottish Museums Museums Produced as part of Pacific Collections in Scottish Museums: Unlocking their knowledge and potential project 2013-2014. For full information and resources visit www.nms.ac.uk/pacific Review of Pacific Collections in Scottish Museums Contents: 1. Introduction 2. Collections Level Descriptions (One page reports sorted by island group across the four core collections) 3. Sample of collections in other Scottish Museums 4. Appendix 1: Other museums in Scotland with Pacific collections 5. Appendix 2: Review method – a case study 6. Appendix 3: Finding aid for Scottish Vanuatu material 7. Appendix 4: Pacific collections associated with missionaries held in Scottish museums 1 Introduction: The contents of the Review of Pacific Collections in Scottish Museums reflect the findings of a 20 month review of Pacific material held in National Museums Scotland, University of Aberdeen Museums, Perth Museum and Art Gallery, and Glasgow Museums. The findings provide an overview of the collections by island region by delivering a series of Collections Level Descriptions. The overall aim is to increase collections access and the review document is intended for use as a research tool by anyone who might be interested in Pacific artefacts held in Scotland. This document was created alongside the resource entitled Introduction to Pacific Collections which reflects the learning developed while carrying out the collections review. Both resources can be used separately or in conjunction with one another. Produced as part of Pacific Collections in Scottish Museums: Unlocking their knowledge and potential project 2013-2014. For full information and resources visit www.nms.ac.uk/pacific Collections Level Descriptions: Melanesia Produced as part of Pacific Collections in Scottish Museums: Unlocking their knowledge and potential project 2013-2014. -
Reply of Singapore
REPLY OF SINGAPORE CHAPTER I — INTRODUCTION ...........................................................................1 A. The Case in Perspective...................................................................1 1. SINGAPORE’S CASE ............................................................................ 2 2. MALAYSIA’S CASE ............................................................................. 3 B. The Structure of this Reply..............................................................5 CHAPTER II — MALAYSIA HAS FAILED TO PROVE AN “ORIGINAL TITLE”.....................................................................................7 Section I. Malaysia’s Claim that Pedra Branca “Was Not Terra Nullius” Has No Basis .....................................................................7 A. MALAYSIA’S ARGUMENT THAT PEDRA BRANCA WAS PART OF THE “MALAY WORLD” IS MEANINGLESS...................................... 9 B. THE LABUAN CESSION IS IRRELEVANT TO DETERMINING THE STATUS OF PEDRA BRANCA ............................................................. 11 Section II. The 1824 Treaties Do Not Confirm Any “Original Title” ..............................................................................................16 A. THE ANGLO-DUTCH TREATY DID NOT DEAL WITH THE TERRITORIAL STATUS OF PEDRA BRANCA....................................... 16 1. The 1833 Vietnamese Envoy’s Report is Irrelevant .................. 19 2. The 1842 van Hinderstein Map Shows that Pedra Branca was not Regarded as Part of the Johor-Riau-Lingga Sultanate ...................................................................................