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QUOTE
6 Definitions
The Commonwealth shall mean the Commonwealth of Australia
as established under this Act.
The States shall mean such of the colonies of New South Wales,
New Zealand, Queensland, Tasmania, Victoria, Western Australia,
and South Australia, including the northern territory of South
Australia, as for the time being are parts of the Commonwealth,
and such colonies or territories as may be admitted into or
established by the Commonwealth as States; and each of such parts
of the Commonwealth shall be called a State.
Original States shall mean such States as are parts of the
Commonwealth at its establishment.
END QUOTE
Sir,
I understand from media articles that you had checked the status of Senator Hinch and
Senator Ludlan as to dual citizenship. Allegedly you had expected Senator Hinch not to have
removed his NZ citizenship but found he had but not Senator Ludlam. It appears you provided a
courtesy notification to Senator Scott Ludlam prior to notifying Senator Scott Ludlam about his
New Zealand citizenship.
Not to overlook that New Zealand under Defenitions is a state of the Commonwealth
of Australia, regardless that New Zealand has not joined the federation.
https://thewest.com.au/politics/federal-politics/barrister-who-exposed-scott-ludlam-says-he-was-
not-politically-motivated-ng-b88538025z
p3 14-8-2017 G. H. Schorel-Hlavka O.W.B.
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Barrister who exposed Scott Ludlam says he was not politically motivated
QUOTE
I sent the certificate to the clerk of the Senate, however out of a courtesy a few days ago I
provided Senator Ludlam with a copy of the certificate. This is not driven by political
ideology.
END QUOTE
As I had no formal education in the English language my self-professed Crummy English has to
do, then again many lawyers would not even have a clue about what I write and one may then
ask, what was their legal studies and their practice about if they cannot even understand/
comprehend the basic legal principles of our constitution!
As a self-educated CONSTITUTIONALIST (and having defeated the Commonwealth on 19 July
2006 in 2 appeals that compulsory voting is unconstitutional) and being also a retired
Professional Advocate who also represented lawyers in court, even so I am not a lawyer let alone
a legal practitioner, I welcome anyone to pursue the true meaning and application of the
constitution. My blog at www.scribd.com/inspectorrikatui may indicate more than 1200
documents.
Before going into details about Senator Scott Ludlam I will give you an example of what I am
about, and exposing how lawyers (including barristers and judges) often get it so wrong.
I below will refer to your reported statement also and the example about Mr Carl Williams if you
consider it appropriately may indicate that you in regard of Senator Scott Ludlam may have acted
honorably but was it sufficient in law?
QUOTE Padfield v Minister of Agriculture & Fisheries and Food (1968) AC 997 (1968) 1 ALL ER 694 House
of Lords - Lord Upjohn and Lord Hodson Upjohn: - (Irrelevant consideration)
Here let it be said at once, he and his advisers have obviously given a bona fide and painstaking
consideration to the complaints addressed to him; the question is whether the consideration was sufficient
in law.
END QUOTE
To be honest, as a CONSTITUTIONALIST what you consider prove of dual citizenship may
not at all be the so called hanging offence to oust Senator Scott Ludlam from the Senate. There is
a lot more to it and again on 19 July 2006 County Court of Victoria, Case numbers T01567737 &
Q10897630 when I successfully appealed both appeals (unchallenged by any of the Attorney-
Generals who were all served with an s78B NOTICE OF CONSTITUTIONAL MATTERS) I
also referred on constitutional grounds as to citizenship and what it stands for, etc.
In constitutional terms (Commonwealth of Australia Constitution Act 1900 (UK))
Hansard 2-3-1898 Constitution Convention Debates (Official Record of the Debates of the National
Australasian Convention)
QUOTE
Mr. SYMON.-Very likely not. What I want to know is, if there is anybody who will come under the
operation of the law, so as to be a citizen of the Commonwealth, who would not also be entitled to be a
citizen of the state? There ought to be no opportunity for such discrimination as would allow a section of a
state to remain outside the pale of the Commonwealth, except with regard to legislation as to aliens. Dual
citizenship exists, but it is not dual citizenship of persons, it is dual citizenship in each person. There may
be two men-Jones and Smith-in one state, both of whom are citizens of the state, but one only is a
citizen of the Commonwealth. That would not be the dual citizenship meant. What is meant is a dual
citizenship in Mr. Trenwith and myself. That is to say, I am a citizen of the state and I am also a citizen
of the Commonwealth; that is the dual citizenship. That does not affect the operation of this clause at all.
But if we introduce this clause, it is open to the whole of the powerful criticism of Mr. O'Connor and those
who say that it is putting on the face of the Constitution an unnecessary provision, and one which we do not
expect will be exercised adversely or improperly, and, therefore, it is much better to be left out. Let us, in
dealing with this question, be as careful as we possibly, can that we do not qualify the citizenship of this
Commonwealth in any way or exclude anybody [start page 1764] from it, and let us do that with precision and
clearness. As a citizen of a state I claim the right to be a citizen of the Commonwealth. I do not want to
p4 14-8-2017 G. H. Schorel-Hlavka O.W.B.
INSPECTOR-RIKATI about the BLACK HOLE in the CONSTITUTION-DVD
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place in the hands of the Commonwealth Parliament, however much I may be prepared to trust it, the
right of depriving me of citizenship. I put this only as an argument, because no one would anticipate such a
thing, but the Commonwealth Parliament might say that nobody possessed of less than 1,000 a year should
be a citizen of the Federation. You are putting that power in the hands of Parliament.
Mr. SYMON.-I would not put such a power in the hands of any Parliament. We must rest this
Constitution on a foundation that we understand, and we mean that every citizen of a state shall be a
citizen of the Commonwealth, and that the Commonwealth shall have no right to withdraw, qualify, or
restrict those rights of citizenship, except with regard to one particular set of people who are subject to
disabilities, as aliens, and so on.
END QUOTE
Hence, I would have expected that as a barrister you would have provided relevant information
that New Zealand citizenship is a nationality and not merely a political right being entitled to
vote, etc.
END QUOTE
EXTREME URGENT
Re: Constitutional issues, Implied Abolition of Death penalty & Nguyan Tuong Van, etc.
AND TO WHOM IT MAY CONCERN
Sir,
It is my view that unlikely the execution of Nguyan Tuong Van has been given proper consideration as to
the implications of the Constitution of the Republic of Singapore, as set out some of it below. Hence, I urge you
immediate attention to this matter, and so the Government of Singapore.
Nguyan Tuong Van as like any citizen of Singapore by the provisions of the Constitution of the Republic of
Singapore has the same rights to obtain the benefits of treaties/laws of other Commonwealth countries, including
the abolition of the death penalty, as is in fact implied to Singapore, just that the Government of Singapore my not
have been aware of this.
END QUOTE
And
QUOTE
The Commonwealth of Australia Constitution Act 1900 (UK) is a British Act and as such considering the decision
of Aggregate Industries UK Ltd., R (on the application of) v English Nature and & Anor [2002] EWHC 908
(Admin) (24th April, 2002) and Judgments - Mark (Respondent) v. Mark (Appellant), OPINIONS, OF THE
LORDS OF APPEAL for judgment IN THE CAUSE, SESSION 2005-06 [2005] UKHL 42 on appeal from: [2003]
EWCA Civ 168
It appears that the The European Convention for the protection of Human Rights and Fundamental Freedoms
(the ECHR) albeit not overriding constitutional law, is complimentary to British (constitution) law, as the
Commonwealth of Australia Constitution Act 1900 (UK) is. I am really unknown what the background of
Singaporean constitutional law might be, but assuming this is British (constitutional) law also, then the same would
be applicable to Singapore.
Regardless if you initially may not agree with my views, at least have it checked out, as it turns out I am right then
Tuong Van Nguyens life might be saved from the gallows! Surely the life of an Australia is worth it to check it
out?
END QUOTE
p6 14-8-2017 G. H. Schorel-Hlavka O.W.B.
INSPECTOR-RIKATI about the BLACK HOLE in the CONSTITUTION-DVD
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And
QUOTE
The very issue is that a treaty was made at the time for the good of Singapore, and as such the president therefore is
entitled to ensure that provisions of such treaty are adhered too and Nguyen Tuong Van is therefore extradited to
the Commonwealth of Australia.
QUOTE
Commonwealth citizenship.
139. --(1) In accordance with the position of Singapore within the Commonwealth, every person who is a
citizen of Singapore enjoys by virtue of that citizenship the status of a Commonwealth citizen in common
with the citizens of other Commonwealth countries.
(2) Any existing law shall, except so far as Parliament otherwise provides, apply in relation to a citizen of the
Republic of Ireland who is not also a Commonwealth citizen as it applies in relation to a Commonwealth
citizen.
END QUOTE
In my view, this also enshrines that Nguyen Tuong Van is in effect entitled as a citizen of Singapore to the rights as
like Singaporeans are to the rights of being a Commonwealth citizen. Meaning that laws of the Commonwealth
countries and implied laws can be applied to any commonwealth citizen, irrespective if they are Singaporean nations
or not. where then there is a treaty, then Nguyen Tuong Van is entitled to the benefit of any relevant treaty, such as
a narcotics convention. As implied by this Constitution.
END QUOTE
And
QUOTE
In my view, a person sentenced to death (if this is not in itself ULTRA VIRES/UNCONSTITUTIONAL), but has
not been specifically ordered to serve a term of imprisonment until the execution of this person, then must be
released after the passing of 3 months. While this part relates to no citizen of Singapore it is already shown above
that Commonwealth citizenship provided equality to any other person who is a citizen of the Commonwealth with
that of a citizen of Singapore.
END QUOTE
And
QUOTE
Aggregate Industries UK Ltd., R (on the application of) v English Nature and & Anor [2002] EWHC 908
(Admin) (24th April, 2002)
1. In support of his submission that, for Article 6(1) to be engaged, it was necessary for the relevant
proceedings to be directly decisive of the civil rights in question, Mr Sales referred to and relied upon
what he described as the consistent body of European jurisprudence on this point over the last thirty years
(see paragraph 41 of Mr Sales written skeleton argument) in cases such as Ringeisen -v- Austria (No. 1)
(1971) 1 EHRR 455 at paragraph. 94, Albert & Le Compte -v- Belgium (1983) 18 EHRR 533 at
paragraph 28, Benthem -v- Netherlands (1986) 8 EHRR 1, Boden -v- Sweden (1987) 10 EHRR 367 at
paragraph 30, H -v- France (1989) 12 EHRR 74 at paragraphs 46-47 and Barmer-Schafroth -v-
Switzerland (1997) 25 EHRR 598 at paragraph 32. In the course of his submissions, Mr Sales referred to
the following passage in the judgment of the European Court of Human Rights (the ECtHR) in the case
of Enzi -v- Austria (Application no. 29268/95) as a convenient and succinct statement of the relevant
principles of law upon which he relied:
The applicability of Article 6 depends on whether there was a dispute over rights and
obligations which can be said, at least on arguable grounds, to be recognised under
domestic law and, if so, whether this right was of a civil character within the
meaning of Article 6(1) (see the Oerlemans -v- the Netherlands judgment of 27
November 1991 paragraphs 45-49). Article 6(1) only applies if the right is civil in
character (see the Benthem -v- the Netherlands judgment of 23 October 1985
paragraph 32). The dispute must be genuine and serious; it may relate not only to the
existence of a right but also to its scope and the manner of its exercise. The outcome of
the proceedings must be directly decisive for the right in question, mere tenuous
connections or remote consequences not being sufficient to bring Article 6(1) into play
(see the Allan Jacobson -v- Sweden judgment of 25 October 1989 paragraphs 66-67,
and the Masson and Van Zon -v- the Netherlands judgment of 28 September 1995 at
paragraph 44).