Ngirasmengesong v Trust Territory [1958] TTLawRp 39; 1 TTR 615 (16 October 1958)

1 TTR 615

RECHEBEI NGIRASMENGESONG (Case No. 141)
and NGIRACHESIMER (Case No. 142),
Appellants

v.

TRUST TERRITORY OF THE PACIFIC ISLANDS,
Appellee

Criminal Appeal No. 11
Appellate Division of the High Court
October 16, 1958

See, also, 1 T.T.R. 345

Appeal from judgments of the Trial Division of the High Court, affirming convictions by Palau District Court. Appellants contend that municipal ordinance establishing curfew was a violation of United Nations Charter, Trusteeship Agreement, and Trust Territory Bill of Rights. The Appellate Division of the High Court, Presiding Judge Philip R. Toomin, held that curfew and anti-noise ordinances are within police power of legislature.

Affirmed.

1. Courts - High Court

Appellate Division of the High Court has jurisdiction over questions arising under Trust Territory Bill of Rights. (T.T.C., Sec. 124(b) )

2. Police Power - Curfew

Municipal ordinance prohibiting unnecessary noise after midnight and establishing curfew for businesses, pedestrians and drivers is justified application of police power and does not encourage disrespect for human rights and fundamental freedoms under United Nations Charter. (United Nations Charter, Art. 76)

3. Trusteeship - Administering Authority - Powers

Trusteeship Agreement authorizes administering authority to institute regulations necessary to protect inhabitants against social abuses, and this language is designed to encompass complex of protective devices and regulations encompassed within concept of police power. (Trusteeship Agreement, Arts. 6, 7)

4. Police Power - Generally

Proper exercise of police power does not interfere with right to due process of law.

5. Trusteeship - Administering Authority-Powers

Rights arising under United Nations Charter, Trusteeship Agreement and Trust Territory Bill of Rights are all subject to proper exercise of police power, including enactment of curfew and anti-noise laws.

6. Palau Custom - Curfew

Curfew and anti-noise ordinances are not contrary to Palau customary law.

7. Palau Custom - Curfew

Under Palau customary law there are restrictions on movement of people over public roads after dark.

8. Custom - Applicability

When there is conflict between customary law and municipal ordinances, written law prevails. (T.T.C., Secs. 20, 21)

9. Police Power - Curfew

Right to use public highways is a common right inhering in public but is subject to reasonable police regulations.

10. Police Power - Municipal Ordinances

Test of validity of municipal regulation is whether it is reasonable exercise of delegated power under all the circumstances.

11. Police Power - Municipal Ordinances