Act Says
p. 20 · Read in the full issue
What the P-NG Act Says
Section 36 of the Papua and New Guinea Act, 1949-57, reads— The Legislative Council shall consist of 29 members, namely: (a) The Administrator; (b) Sixteen officers of the Territory (who shall be known as official members); (c) Three non-official members possess ing such qualifications as are pro vided by the Ordinance and elected, as provided by Ordinance, by electors of the Territory; (d) Three non-official members repre senting the interests of the Christian missions in the Terri tory; (e) Three non-official native members; and (f) Three non-official members. (The remainder of the Section pro vides the machinery under which the various classes of non-official members are nominated and appointed.) Section 38A (added only in 1957) contains, among other things, these words: A question respecting the qualifica tion of a member of the Legislative Council, or respecting a vacancy in the Council . . . may be determined by the Council or may be referred by resolution of the Council to the Supreme Court . . .
But Papua and New Guinea has itself been challenged on ground that Trusteeship Agreement does not authorise a Legislative Council.