TONGAN IN EXERCISE of the powers conferred by sections 37 and 39 of the Emergency Management Act [Cap 7.02] and in recognition of –
A the declaration made by the World Health Organization of Novel Coronavirus (“COVID-19”) as a global pandemic;
B the Declaration of a Public Health Emergency dated 17 February 2022 by the Ministry of Health pursuant to section 164 and 165 of the Public Health Act [Cap 12.15] and the Declaration of COVID-19 to be a notfiable disease under the Public Health (COVID-19) Regulations 2021;
C the Renewal of a State of Emergency dated 14 February 2022;
D the confirmation of the community transmission of COVID-19 in Tonga since Tuesday 1 February 2022;
E the efforts to contain the community transmission of COVID-19 in Tonga; and
F the confirmation from the Ministry of Health that Tonga is currently under the Orange Color of the Tonga COVID-19 Traffic Light Framework 2022.
(1) The Acting Commissioner of the Tonga Police and the Chief Defence Staff of His Majesty’s Armed Forces, as authorized officers under section 36(2) of the Emergency Management Act [Cap 7.02], hereby makes the following Directions –
(2) These Directions shall be effective from 6:01pm, Sunday 13 March 2022 to 6.00pm Sunday 20 March 2022.
For the purposes of these Directions, unless the context requires otherwise –
“authorized officers” means any person or class of persons authorized in accordance with section 36 of the Emergency Management Act [Cap 7.02] and any person or class of persons designated under sections 177 and 178 of the Public Health Act [Cap 12.15];
“domestic public transportation” means the following –
(a) any other motor vehicle carrying passengers for hire or reward and includes a taxi (whether three wheeled or four wheeled) passenger bus and passenger lorry;
(b) ships as defined under section 2 of the Shipping Act [Cap 22.09]; or
(c) aircrafts as defined under the Civil Aviation Act [Cap 23.02],
“essential services” means services defined in Appendix A;
“kava clubs” means –
(a) a group of 2 or more people consuming kava at a public location; or
(b) a group of 2 or more people consuming kava at a private location,
(c) Paragraph (a) and (b) does not apply to people living in the same residential household.
“liquor licenses” means the following licenses issued un the Intoxicating Liquor Act [Cap 12.07] –
(a) Wholesale License;
(b) Retail Bottle Store License;
(c) Club License;
(d) Special Events License;
(e) Bar license;
(f) Restaurant license; and
(g) Night club license;
“protective clothing” means any clothing which includes personal protective equipment, handkerchief, mask, gloves, garments or equipment designated to minimize the risk of an infection; and
“social distancing” means keeping 2 meters distance from any other person at all times.
(3) Night time curfew shall apply from 8:00pm to 5.00am.
(4) All persons shall be required to isolate at their homes unless for the purpose of –
(a) Obtaining medical supplies or seeking urgent medical assistance;
(b) Receiving COVID-19 vaccinations;
(c) Attending to livestock;
(d) Subsistence fishing and subsistence harvesting of crops, vegetables and fruits;
(e) Access to banking and other financial services;
(f) Purchasing or supplying of essential consumer goods; or
(g) Attending work as a member of an essential service provider as defined in Appendix A.
(5) All domestic public transportation shall cease to operate unless approved by the Chief Executive Officer of the Ministry of Health.
(6) All licensed businesses and business activities shall be closed, except for the following –
(a) all licensed retail shops;
(b) any other licensed shop may operate subject to the approval of their COVID-19 plans by the Ministry of Health;
(c) any licensed restaurant and food related businesses may operate for takeaways only;
(d) any business with a Wholesale License or Retail Bottle Store License under the Intoxicating Liquor Act [Cap 12.07]; or
(e) gas station.
(7) All banking and other financial services referred to in paragraph 4(e) may operate subject to approval from the Ministry of the Health.
(8) All persons are required to use shops and gas stations closest to their respective place of residence.
(9) All education institutions shall be closed except for the following –
(a) forms 6 and forms 7 of all secondary school institutions;
(b) tertiary institutions;
(c) technical and vocational education and training (TVET); and
(10) All public facilities, events and gatherings such as education institutions, religious institutions, kava clubs, bingo, gyms and activities, celebrations, birthdays and other recreational or related gatherings shall be prohibited.
(11) All sports clubs, sporting events and activities shall be prohibited except for outdoor tennis, outdoor golf and outdoor pickleball.
(12) A funeral or marriage gatherings shall be restricted to a total of 10 people indoors and 20 people outdoors with an authorized officer shall be present throughout the funeral.
(13) All persons may exercise by walking but shall promote social distancing and wear masks at all times.
(14) All persons shall observe and promote social distancing at all times and shall use protective clothing at all times.
(15) All persons are recommended to observe personal hand hygiene and shall follow all Public Health Advisories issued by the Ministry of Health in relation to COVID-19.
(16) All provisions of these Directions shall apply to all persons in Tongatapu and Vava’u Islands.
(17) Tonga Police and His Majesty’s Armed Forces and any authorized officers for the purposes of securing public safety and maintenance of public health shall have the power to enforce these Directions.
Appendix A
Essential Services for the Purpose of the Notice
I Essential Services under the Order in Public Places Act [Cap 7.06]
(a) the Ministry of Health;
(b) the Ministry of Police in the maintenance and preservation of law and order;
(c) a concessionaire under the Electricity Act;
(d) the Tonga Water Board;
(e) the Tonga Broadcasting Commission;
(f) all licensed telecommunications operators;
(g) the Ministry responsible for Civil Aviation in the operation of any airport;
(h) the Ministry responsible for Marine and Ports or the Ports Authority in the operation of any port;
(i) Private Security Services; and
(j) persons employed by Government Ministries to perform security activities.
II All Government Ministries, Divisions, and Agencies under the Public Service Act [Cap 2.11] and Regulations
III Additional Statutory Bodies and Public Enterprises
(a) Tonga Red Cross Society;
(b) Tonga Fire and Emergency Services;
(c) Tonga Prisons;
(d) Tonga Power Limited;
(e) Waste Authority Limited;
(f) Tonga Communications Corporation;
(g) Tonga Cable Limited;
(h) Tonga Airport Limited;
(i) Ports Authority Tonga;
(j) Friendly Islands Shipping Agency; and
(k) Tonga Gas Limited.
IV Legislative Assembly under the Legislative Assembly Act
V All accredited Diplomatic Posts Resident in the Kingdom and their staff
VI Development Programmes
(a) Development Cooperation Programmes
(b) Defence Cooperation Programmes
(c) Tonga Police Development Programme Advisors
(d) World Bank
(e) Asian Development Bank
(f) United Nations Agencies (e.g. WHO)
VII Essential Services recommended by NEMC pursuant to the Act
(a) Accommodation
Accommodation services for essential workers, isolation/quarantine and emergency housing as well as guests already being accommodated.
(b) Border (Port of Entries)
Ministry of Revenue and Customs, Ministry of Foreign Affairs, Ministry responsible for Agriculture (Quarantine Division), Tonga Airport Ltd, Ports Authority and their support services.
(c) Building and construction
(i) Building and construction related to essential services and critical infrastructure.
(ii) Building and construction required immediately to maintain human health and safety at home or work.
(d) Courts and Tribunals and all law practitioners with a valid Practicing Certificate and any person who is requirement to appear in Court
(e) Essential consumer goods providers
Any entity or person involved in the supply, delivery, distribution and sale of food, beverage and other key consumer goods essential for maintaining the wellbeing of people, but this does not include restaurants, cafes or takeaway shops.
(f) Health
(i) Pharmacies
(ii) Private health and dental clinics
(g) National and local government
(i) Any entity involved in national, district and village level in the COVID-19 response, enforcement, planning or logistics or that has civil defence/emergency management functions (including any entity that supplies services for these purposes).
(ii) All Government Ministries and agencies operating with essential staff capacity as authorized under an Emergency Response Plan.
(h) Public safety and national security
Any person employed or contracted in a public safety or national security role including Tonga Fire and Emergency Services, Tonga Prisons.
(i) Food and non-alcoholic beverage production and processing
(i) Packaging, production and processing of food, fisheries, and non-alcoholic beverage products for domestic consumption and export and the operation of essential services.
(ii) Support services, such as food safety and verification, inspection or associated laboratory services, food safety and biosecurity functions.
(j) Social services
Services (including NGOs) that provide counseling services, welfare and social services to meet immediate needs as certified by MIA and approved by the Minister.
(k) Transport and logistics
(i) Civil Aviation Authority, Tonga Maritime and Shipping, Tonga MET Service, and any entity which is contracted by these entities.
(ii) Transport services to support the essential services including cargo vessels, tankers and Lulutai Airlines for evacuation purposes
(iii) Services related to the maintenance and ongoing operation of critical infrastructure.
(iv) Any entity providing services to keep vehicles operational for essential work purposes.
(l) Utilities and communications
(i) Any entity involved in the production, supply, sale distribution or disposal of electricity, gas, water, waste water (eg sanitation), waste (eg rubbish collection), fuel, telecommunication and cable services, and any entity that is contracted by these entities;
(ii) News (including news production) and broadcast media;
(iii) Internet service providers;
(iv) Any entity that provides maintenance and repair services for utilities and communications, including supply chains.
(m) Community Patrol Volunteers assisting the authorized officers
(n) Tonga Electoral Commission
(o) Financial services
(i) National Reserve Bank of Tonga
(ii) Banks, insurers, retirement and pension funds and other financial institutions, including any entity that contracts or provides services to them.