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National Identity Act 1989

REPUBLIC OF KIRIBATI
(No. 2 of 1989)

I assent,

(Sgd: I. Tabai)
Beretitenti.
01/06/1989

AN ACT TO MAKE PROVISION FOR A KIRIBATI NATIONAL FLAG OR OTHER FLAGS OR ENSIGNS, KIRIBATI NATIONAL EMBLEM AND KIRIBATI NATIONAL ANTHEM AND FOR CONNECTED PURPOSES

Commencement:
1989

MADE by the Maneaba ni Maungatabu and assented to by the Beretitenti.

PART 1 – PRELIMINARY

Short title

1. This Act may be cited as the National Identity Act 1989.

Interpretation

2. In this Act, unless the context otherwise requires –

"National Flag" means the flag referred to in section 3 of this Act;

"National Emblem" means the emblem referred to in section 8 of this Act.

PART II
NATIONAL FLAG

Kiribati National Flag

3. The flag described in Schedule 1 to this Act, being the flag a reproduction of which is set out in Schedule 1A to this Act is hereby declared to be the National Flag of Kiribati.

Other flags and Rules as to use of National Flag, etc

4. (1) The Beretitenti, acting in accordance with the advice of the Cabinet may –

(a) by order appoint such other flag or ensign of Kiribati as he thinks fit;

(b) subject to section 7 of this Act make rules relating to the flying or use of the National Flag or a flag appointed under this section.

Orders and Rules relating to flags to be laid before Maneaba ni Maungatabu

5. An appointment or rules made under section 4 of this Act shall be laid before the Maneaba ni Maungatabu within forty-eight hours of the day on which the next meeting of the Maneaba commences and shall come into force on publication unless the Maneaba by resolution amends it or rejects it as the case may be.

Official use of National flag

6. The National Flag or a flag appointed under section 4 of this Act may be flown or used for all official purposes of the Government and on all occasions on which, and for all purposes for which, it is customary to fly or use a national flag or a flag appointed under section 4 of this Act.

Restriction on use of National Flag

7. (1) A person who, without the written consent of the Beretitenti acting in accordance with the advice of the Cabinet, flies or uses –

(a) the National Flag or a flag or ensign appointed under section 4 of this Act; or

(b) a replica or representation or a stylised version of any flag,

for any commercial purpose and whether with or without defacement commits an offence and shall be liable upon conviction to a fine not exceeding $200 or to a term of imprisonment not exceeding 6 months or to both such fine and imprisonment.

(2) A consent under subsection (1) of this section shall relate only to use for a purpose specified in the consent and may be subject to conditions.

(3) An application for consent under subsection (1) of this section shall be made in writing to the Secretary to the Cabinet.

(4) A consent shall not be granted under subsection (1) of this section –

(a) unless the Beretitenti, acting in accordance with the advice of the Cabinet, is satisfied that the proposed use will not demean the National Flag or a flag appointed under section 4 of this Act;

(b) in any case where the Beretitenti, acting in accordance with the advice of the Cabinet, has directed that consent for a particular use should not be granted.

(5) A person who without lawful excuse, defaces or destroys –

(a) the National Flag; or

(b) a flag or ensign appointed under section 4,

commits an offence and shall be liable upon conviction to a fine not exceeding $200 or to imprisonment for a term not exceeding 6 months or to both such fine and imprisonment.

PART II
NATIONAL EMBLEM

Kiribati National emblem

8. The emblem described in Schedule 2 to this Act being the emblem a reproduction of which is set out in Schedule 2A to this Act is hereby declared to be the National Emblem of Kiribati.

Rules as to use of National emblem

9. The Beretitenti, acting in accordance with the advice of the Cabinet, may make rules relating to the use of the National Emblem or a replica or representation or stylised version of such Emblem for special uses.

Rules relating to National emblem to be laid before the Maneaba ni Maungatabu

10. Rules made under section 9 of this Act shall be laid before the Maneaba ni Maungatabu within forty eight hours of the day on which the next meeting of the Maneaba commences and shall come into force on publication unless the Maneaba by resolution amends it or rejects it as the case may be.

Proper use of National Emblem

11. (1) A person who, not being authorised by the Beretitenti, acting in accordance with the advice of the Cabinet or otherwise by law, directly or indirectly –

(a) prints or publishes, or causes to be printed or published; or

(b) sends or delivers to or serves on, or causes to be sent or delivered to or served on, any person,

any written or printed matter in or on which there appears the National Emblem, or any token or symbol so nearly resembling the National Emblem as to be capable of being readily mistaken for it, in such a manner or in such circumstances as to be likely to lead other persons to believe that he is so authorised, commits an offence and shall be liable upon conviction to a fine not exceeding $200 or to imprisonment for a term not exceeding 6 months or to both such fine and imprisonment.

(2) A person who, not being authorised by the Beretitenti acting in accordance with the advice of the Cabinet or otherwise by law, directly or indirectly uses the National Emblem, or any token or symbol so nearly resembling the National Emblem as to be capable of being readily mistaken for it, in connection with any business, trade, calling or profession in such a manner or in such circumstances as to be likely to lead other persons to believe that he is so authorised, commits an offence and shall be liable upon conviction to a fine not exceeding $200 or to imprisonment for a term not exceeding 6 months or to both such fine and imprisonment.

(3) Prosecutions for offences under Parts II and III of this Act shall not be instituted except by or with the consent of the Attorney General.

PART IV
NATIONAL ANTHEM

Kiribati National Anthem

12. (1) The anthem entitled "Teirake Kaini Kiribati" is hereby declared to be the National Anthem of Kiribati.

(2) The words and the music of the National Anthem are as set out in Schedule 3 to this Act.

Use of the National Anthem

13. The National Anthem may be sung or used on all occasions on which, and for all purposes for which, it is customary to sing or use the National Anthem.

Rules as to use of National Anthem

14. Without prejudice to section 13 of this Act the Beretitenti, acting in accordance with the advice of the Cabinet, may make rules relating to the singing or use of the National Anthem.

PART V
MISCELLANEOUS

Regulations

15. The Beretitenti, acting in accordance with the advice of the Cabinet, may make regulations not inconsistent with this Act, prescribing all matters that by this Act are required or permitted to be prescribed, or that are necessary or convenient to be prescribed for carrying out or giving better effect to this Act.

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SCHEDULES

SCHEDULE 1
(Section 3)

The Kiribati National Flag is a rectangular flag, proportions two to one, divided horizontally by a wavy line; the upper segment is red (BSI 381C No 539) representing the sky and is charged with a gold (BSI 381C No 355) representation of a frigate bird and the rising sun and the lower segment is plain white (Admiralty T 8514J) and is charged with three blue (BSI 381C No 110) wavy bands representing the waves of the Pacific Ocean.

The description and positions of the frigate bird, the rising sun and the waves are as follows –

Table 1 – Frigate Bird

The bird is viewed from the side, with wings elevated and face towards the hoist; the eye and wing feathers are depicted.

The Frigate Bird shall be positioned in the upper centre of the upper segment, so that the parts of the body described in the table are in the following positions –

Part of bird Position measured from upper hoist corner, distances being fractions of the length of the flag.

Extremity of beak 40/100 along the fly and 7/100 down the hoist

Extremity of right wing 36/100 along the fly and 3/100 down the hoist
Wing of bird

Extremity of left wing 64/100 along the fly and 1/100 down the hoist
of bird

Extremity of right tail 60/100 along the fly and 8/100 down the hoist
feather of bird

Extremity of left tail 61/100 along the fly and 6/100 down the hoist
Feather of bird

Table 2 – The Rising Sun

The sun is seen as rising above the central trough in the waves. Around the visible circumstance of the sun are positioned nine place triangles, which are contiguous. The first and ninth triangles are partially obscured by the crests if the waves, between and behind the plane triangles are eight spherical triangles.

The Rising Sun shall be positioned so that the centre of the sun is 50/100 of the length of the flag measured along the fly and 26/100 of the length of the flag measured down the hoist and its diameter is 17/100 of the length of the flag. The positions of the outer points of the plane and spherical triangles lie on imaginary circles, whose centres are the same as the sum and whose diameters are 31/100 and 30/100 of the length of the flag respectively.

Table 3 – The Sea

The sea is depicted as a series of horizontal white and blue wavy bands, the lowest blue band meeting the lower edge of the flag.

The wavy line dividing the upper and lower segments of the flag shall be positioned so that the parts of the wavy line described in the table are in the following positions –

Part of wavy line Position measured from upper hoist corner, distances being fractions of the length of the flag

Central trough 50/100 along the fly and 27/100 down the hoist

Adjacement crest to left 39/100 along the fly and 25/100 down the hoist

Adjacement crest to right 61/100 along the fly and 25/100 down the hoist

Wavelengths of adjacent 20/100 in a horizontal direction
crests and troughs

The three white and two blue wavy bands are arranged symmetrically below the dividing line described above with widths of 4/100 of the length of the flag; the lower edge of the third blue wavy band is the straight line of the bottom edge of the flag.

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SCHEDULE 1A
(Section 3)

THE NATIONAL FLAG OF KIRIBATI

(Kiribati Flag should be inserted here)

SCHEDULE 2
(Section 8)

Official Description

The bird is a frigate bird which represents power, freedom and Kiribati cultural dance patterns.

The rising sun is the tropical sun as Kiribati lies astride the Equator.

The sea is the Pacific Ocean which surrounds Kiribati.

The Motto means Health, Peace and Prosperity.

______________________________

SCHEDULE 2A
(Section 8)

THE NATIONAL EMBLEM OF KIRIBATI

SCHEDULE 3
(Section 12)

KUNAN KIRIBATI

(E oteaki man koreaki taekana iroun I. T. Uriam MBE)

Andante M.I = 108

1. Teirake kaaini Kiribati
Anene ma te kakatonga
Tauraoi nakon te mwioko
Ma ni buokia aomata
Tauaninne nte raoiroi
Tangiria aomata nako
Tauaninne nte raoiroi
Tangiria aomata

2. Reken te kabaia ma te rau
Ibuakoia kaain abara
Bon reken te nano ae banin
Ma te i-tangitangiri naba
Ma ni wakina te kabaia
Ma n neboa i eta abara
Ma ni wakina te kabaia
Ma n neboa abara

3. Ti butiko ngkoe Atuara
Kawakinira ao kairira
Nakon taai aika i maira
Buokira ni bain ae akoi
Kakabaia ara Tautaeka
Ma ake a makuri iai
Kakabaia ara Tautaeka
Ma aomata ni bane

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NATIONAL IDENTITY ACT 1989

EXPLANATORY MEMORANDUM

The principal object of this Act is to give a legislative base or backing to the Kiribati National Flag, the Kiribati National Emblem and the Kiribati National Anthem. It also seeks to empower the Beretitenti, acting in accordance with the advice of the Cabinet, to appoint such other flag or ensign to be flown or used for official purposes.

Section 3 of the Act formally declares the existing National Flag and National Emblem (which are described and reproduced in the Schedules to the Act) as the National Flag and National Emblem respectively of Kiribati.

Section 4 and 5 of the Act enjoins that any other flag or ensign (apart from the National Flag) appointed by the Beretitenti and any rules made by the Beretitenti relating to the use of the National Flag and/or any other flag or ensign, shall be laid before the Maneaba ni Maungatabu and shall come into force on publication only if the Maneaba ni Maungatabu does not reject or amend same.

Section 7 of the Act restricts the use of the National Flag or any other flag or ensign appointed by the Beretitenti under the Act for commercial purposes.

Section 8, 9 and 10 formally declare the existing National Emblem as the National Emblem of Kiribati and empowers the Beretitenti to make rules relating to the use of the National Emblem. Such rules are required to be laid before the Maneaba ni Maungatabu and shall come into force on publication only if the Maneaba ni Maungatabu does not amend or reject them.

Section 11 provides for improper use of the National Emblem and prescribes penalties for such improper use.

Section 12 formally declares the existing National Anthem entitled "Teirake Kaini Kiribati" to be the National Anthem of Kiribati and sets out the words and music of the Anthem in Schedule 3 to the Act.

Michael N. Takabwebwe
Attorney General
11 October 1989