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• TABLE OF CONTENTS

  ABBREVIATIONS………………………………………………………………………………………… v
  CHRONOLOGY OF EVENTS ……………………………………………………………………….. vi
  EXECUTIVE SUMMARY …………………………………………………………………………….. xv
  1. JURISDICTION AND PURPOSE OF INVESTIGATION …………………………… 1
  [1.1] INTRODUCTION ……………………………………………………………………………………………. 1
  [1.2] JURISDICTION OF THE OMBUDSMAN COMMISSION ……………………………….. 1
  [1.3] PURPOSE OF THE INVESTIGATION …………………………………………………………….. 3
  [1.4] METHOD OF INVESTIGATION …………………………………………………………………….. 3
  [1.5] PEOPLE WHO GAVE EVIDENCE BEFORE THE COMMISSION …………………… 4
  [1.6] LEGALITY OF ADMINISTRATIVE CONDUCT …………………………………………….. 5
  [1.7] WHAT IS ―WRONG CONDUCT‖? ………………………………………………………………….. 5
  [1.8] THE PROVISIONAL REPORT ………………………………………………………………………… 5
  2. FINDINGS OF FACTS ………………………………………………………………………… 7
  [2.1] GENERAL ………………………………………………………………………………………………………. 7
  [2.2] JOKO TJANDRA’S INDONESIAN PASSPORTS …………………………………………….. 7
  [2.3] RECORDS OF ENTRY PERMITS GRANTED TO JOKO TJANDRA ……………….. 8
  [2.4] PNG PASSPORTS ISSUED TO JOKO TJANDRA ALIAS JOE CHAN …………….. 9
  [2.5] APEC BUSINESS TRAVEL CARD (PERMIT) NO: 12202052812 …………………… 10
  [2.6] SHORT TERM BUSINESS PERMIT NO: 12201046539 ………………………………….. 11
  [2.7] APEC BUSINESS TRAVEL CARD (PERMIT) NO: 12201041074 …………………… 11
  [2.8] INTERPOL RED NOTICE CONTROL …………………………………………………………… 12
  [2.9] WORKING RESIDENT PERMIT NO: 11150000597……………………………………….. 12
  [2.10] CHARACTER REFERENCES ……………………………………………………………………….. 12
  [2.11] APPLICATION FOR PERMANENT RESIDENT PERMIT ……………………………… 14
  [2.12] PERMANENT RESIDENT PERMIT NO: 99902087368 ………………………………….. 16
  [2.13] APPLICATION FOR CITIZENSHIP BY NATURALIZATION ……………………….. 17
  [2.14] INTERPOL DATABASE CONFIRMATION …………………………………………………… 18
  [2.15] REQUEST FOR SECURITY CLEARANCE/CHARACTER CHECKS …………….. 20
  [2.16] SECURITY CLEARANCE/CHARACTER CHECKS BY NCRO AND INTERPOL20
  [2.17] SECURITY/CHARACTER CHECKS – NIO ……………………………………………………. 21
  [2.18] CERTIFICATE OF CITIZENSHIP ………………………………………………………………….. 22
  [2.19]CITIZENSHIP APPLICATION FEE………………………………………………………………….. 22
  [2.20] LETTER OF REFERENCE – AMBASSADOR PETER ILAU…………………………… 22
  [2.21] CITIZENSHIP ADVISORY COMMITTEE …………………………………………………….. 24
  [2.22] CAC MEETING …………………………………………………………………………………………….. 24
  [2.23] CAC RECOMMENDATION ………………………………………………………………………….. 24
  [2.24] RECIEPT OF AMBASSADOR PETER ILAU’S LETTER ……………………………….. 25
  [2.25] RECOMMENDATION BY ACTING CMO RABURA…………………………………….. 26
  [2.26] LETTER BY CAC CHAIRMAN TO THE MINISTER …………………………………….. 27
  [2.27] PERMANENT RESIDENT PERMIT NO: 9902098071 ……………………………………. 30
  [2.28] APPROVAL TO GRANT PNG CITIZENSHIP………………………………………………… 31
  [2.29] PNG PASSPORT APPLICATION ………………………………………………………………….. 32
  [2.30] RENUNCIATION OF FOREIGN CITIZENSHIP …………………………………………….. 33
  [2.31] PNG PASSPORT NO: B 328500 …………………………………………………………………….. 33
  [2.32] 2ND PASSPORT APPLICATION, CHANGE OF NAME AND DATE OF BIRTH 33

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• Page 2 of 131

• [2.33] CERTIFICATE OF CITIZENSHIP BY NATURALIZATION…………………………… 35
  [2.34] MR RABURA’S ENDORSEMENT ………………………………………………………………… 35
  [2.35] PNG PASSPORT NO: B330971 ……………………………………………………………………… 38
  [2.36] POLICE CLEARANCE CERTIFICATE ………………………………………………………….. 39
  [2.37] LETTER BY CHIEF SECRETARY TO GOVERNMENT ………………………………… 39
  [2.38] CANCELLATION OF PNG PASSPORT NO: B330971 …………………………………… 41
  [2.39] APPEAL AGAINST DECISION TO CANCEL PASSPORT …………………………….. 41
  [2.40] NEC MEETING NO: 01/2013 …………………………………………………………………………. 41
  [2.41] NEC DECISION NO: 31/2013 ………………………………………………………………………… 42
  [2.42] MINISTERIAL COMMITTEE OF REVIEW …………………………………………………… 44
  [2.43] DECISIONS OF THE MINISTERIAL COMMITTEE OF REVIEW …………………. 44
  [2.44] RECOMMENDATIONS BY THE COMMITTEE OF REVIEW ……………………….. 46
  [2.45] RESTORATION OF PASSPORT NO: B330971 ………………………………………………. 46
  [2.46] APEC BUSINESS TRAVEL CARD ……………………………………………………………….. 46
  [2.47] NEC MEETING NO: 37/2013 …………………………………………………………………………. 47
  [2.48] NEC DECISION NO: 456/2013 ………………………………………………………………………. 48
  [2.49] PASSPORT NO: C116701………………………………………………………………………………. 49
  [2.50] USE OF CANCELLED PASSPORT NO: B330971 ………………………………………….. 49
  3. FINDINGS OF WRONG CONDUCT ………………………………………………………….. 51
  [3.1] FINDING No. 1 ……………………………………………………………………………………………… 51
  [3.2] FINDING NO. 2 …………………………………………………………………………………………….. 51
  [3.3] FINDING NO. 3 …………………………………………………………………………………………….. 52
  [3.4] FINDING No. 4 ……………………………………………………………………………………………… 54
  [3.5] FINDING No. 5 ……………………………………………………………………………………………… 55
  [3.6] FINDING No. 6 ……………………………………………………………………………………………… 56
  [3.7] FINDING No. 7 ……………………………………………………………………………………………… 56
  [3.8] FINDING No. 8 ……………………………………………………………………………………………… 58
  [3.9] FINDING No. 9 ……………………………………………………………………………………………… 59
  [3.10] FINDING No. 10 ……………………………………………………………………………………………. 62
  [3.11] FINDING No. 11 ……………………………………………………………………………………………. 63
  [3.12] FINDING No. 12 ……………………………………………………………………………………………. 64
  [3.13] FINDING No. 13 ……………………………………………………………………………………………. 65
  [3.14] FINDING No. 14 ……………………………………………………………………………………………. 66
  [3.15] FINDING No. 15 ……………………………………………………………………………………………. 66
  [3.16] FINDING No. 16 ……………………………………………………………………………………………. 67
  [3.17] FINDING No. 17 ……………………………………………………………………………………………. 68
  [3.18] FINDING No. 18 ……………………………………………………………………………………………. 69
  4. RECOMMENDATIONS ……………………………………………………………………… 72
  [4.1] LEGAL FRAMEWORK FOR MAKING RECOMMENDATIONS …………………… 72
  [4.2] RECOMMENDATIONS CONCERNING PARTICULAR INDIVIDUALS ……….. 73
  [4.3] RECIPIENTS OF RECOMMENDATIONS ……………………………………………………… 73
  [4.4] RESPONSIBLE MINISTERS …………………………………………………………………………. 73
  [4.5] MINISTERS RESPONSIBLE FOR FOLLOWING UP IMPLEMENTATION OF
  RECOMMENDATIONS ………………………………………………………………………………… 73
  [4.6] DUTIES OF RECIPIENTS OF RECOMMENDATIONS ………………………………….. 74
  [4.7] RECOMMENDATIONS ………………………………………………………………………………… 74
  5. CONCLUSION …………………………………………………………………………………. 83
  6. RELEVANT LAWS ……………………………………………………………………………. 84
  [6.1] CONSTITUTION OF THE INDEPENDENT STATE OF PAPUA NEW GUINEA84
  [6.2] MIGRATION ACT (CHAPTER 16) ………………………………………………………………… 89

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• [6.3] MIGRATION REGULATION (CHAPTER 16) ……………………………………………….. 91
  [6.4] CITIZENSHIP ACT (CHAPTER 12) ………………………………………………………………. 95
  [6.5] CITIZENSHIP REGULATION (CHAPTER 12) ………………………………………………. 96
  [6.6] PASSPORTS ACT (CHAPTER 17)…………………………………………………………………. 98
  [6.7] PASSPORTS REGULATION (CHAPTER 17) ………………………………………………. 104
  7. APPENDIX …………………………………………………………………………………….. 112
  [7.1] HON ANO PALA’S RESPONSE ………………………………………………………………….. 113
  [7.2] MR ILAGI VEALI’s RESPONSE………………………………………………………………….. 128
  [7.3] MR MATTHEW POIA’S RESPONSE …………………………………………………………… 131
  [7.5] MR RAY PAUL’S RESPONSE …………………………………………………………………….. 139

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• ABBREVIATIONS

  JAG Justice & Attorney General
  ABTC APEC Business Travel Card
  APEC Asia Pacific Economic Corporation
  BMS Border Management System
  CAC Citizenship Advisory Committee
  CMO Chief Migration Officer
  FA&I Foreign Affairs & Immigration
  HKG Hong Kong
  HON Honorable
  MP Member of Parliament
  NCRO National Criminal Records Office
  NEC National Executive Council
  PNG Papua New Guinea
  PNG ICSA Papua New Guinea Immigration & Citizenship Service Authority
  POM Port Moresby
  PR Permanent Resident
  RPNGC Royal Papua New Guinea Constabulary
  SIN Singapore
  TARDIS Travel and Related Documents Issuing System

  Abbreviations Page v

• Page 5 of 131

• CHRONOLOGY OF EVENTS

  The chronology of events leading to the issuing of Entry Permits, the granting of PNG
  Citizenship and issuing of Passports to Mr Joko Soegiarto Tjandra (Joko Tjandra) based on
  the evidence gathered.

  The chronology of events leading to the issuing of Entry Permits, the granting of PNG
  Citizenship and issuing of Passports to Mr Joko Soegiarto Tjandra (Joko Tjandra) based on
  the evidence gathered.

  2009
  27 February Mr Joko Tjandra arrived on Flight No. N720A5 JK a private carrier at 5:45am
  from Japan. His travel documents presented and recorded at Jacksons Airport
  are Passport No: P806888, Movement type Asia Pacific Economic
  Corporation (APEC) Business Travel Card Permit No: 12201041074.

  17 April Mr Joko Tjandra was issued a Business Short Term Multiple Entry Permit No:
  12201046539 at Jackson’s Airport, to expire on 17 April 2010.

  11 June Mr Joko Tjandra arrived on Flight No. N720A5 JA a private carrier at 5:33am
  from Japan to Port Moresby. His travel documents presented and recorded at
  Jacksons Airport are Passport No: P806888, Movement type APEC Travel
  Business Card Permit No: 12201052812.

  The PNG ICSA did not provide any information in relation to Mr Tjandra’s
  travel details as to when he travelled out of the country except for copies of
  the visa or permit printed from the BMS records.

  2010
  10 July Interpol Indonesia published and circulated a Red Notice Control No: A-
  1897/7-2009 on a wanted fugitive Mr Joko Tjandra to serve 2 years
  imprisonment for Embezzlement.

  Interpol Konedobu failed to notify the relevant authorities to be aware that the
  subject Mr Joko Tjandra was wanted by the Indonesian authorities, until
  October 2011 when they provided the information to the PNG ICSA at the
  request of the Citizenship Secretariat when the CAC met to deliberate on Joko
  Tjandra’s application for Citizenship.

  Chronology of Events Page vi

• Page 6 of 131

• 21 October Mr Joko Tjandra was issued a Working Resident Entry Permit No:
  12201046539, Employment Sponsor, Naima Investments Ltd, at the PNG
  Embassy, Jakarta, Indonesia, valid for 3 years.

  The PNG ICSA could not provide any information in relation to Mr Tjandra’s
  application for Working Resident Entry Permit to confirm whether or not the
  applicant complied with the Migration Act (Chapter 16) and Migration
  Regulation (Chapter 16)
  2011
  25 August Mr Joko Tjandra was granted Permanent Resident Permit as Chief Executive
  Officer (CEO) of Naima Investment Ltd, Entry Permit No: 99902087368
  issued at the Papua New Guinea Immigration and Citizenship Service
  Authority (PNG ICSA) Headquarters, issued to the validity of Passport.

  Notably, the application was given special treatment in that it was lodged and
  processed on the same day on the instructions of the then Minister for Foreign
  Affairs, Hon Ano Pala, MP. Our commentaries relevant to this are set at Fact
  2.12.

  11 October Mr Joko Tjandra’s application for PNG Citizenship was lodged with the
  Citizenship Section, PNGICSA.

  Section 6(1) of Citizenship Act (Chapter 12) requires among others that an
  application for citizenship by naturalization under Section 67 of the
  Constitution shall be accompanied by the prescribed fee. Mr Joko Tjandra’s
  prescribed fee was on 8 March 2012, 4 month after he lodged his application,
  contrary to Section 6(1)(c) of Citizenship Act (Chapter 12).

  1 December a/Chief Sergeant Kasa Wumber from the National Criminal Records Office
  (NCRO) and Interpol informed the Immigration and Citizenship Services that
  Mr Joko Tjandra’s name had adverse police notice.

  This was in response to the request by the PNG ICSA on 4 November 2011 to
  the Commissioner of Police for police clearance for Mr Tjandra and three
  others who applied for Citizenship by Naturalization.

  7 December Director General – National Intelligence Organization (NIO), Mr Robert Nenta
  advised the Chief Migration Officer that NIO was informed by their
  international sources that the applicant (Mr Joko Tjandra) was wanted by
  Jakarta Police for offences committed in Indonesia around 2009.

  Chronology of Events Page vii

• Page 7 of 131

• 2012
  12 February A Certificate of Citizenship for Mr Joko Tjandra was printed and signed by
  the then Minister for Foreign Affairs and Immigration, Hon Ano Pala on 16
  May 2012.

  This Certificate was printed when Mr Tjandra’s application for citizenship was
  not yet considered by the CAC. The CAC Meeting was held on 23 April 2012
  when the CAC deliberated on Mr Tjandra’s application. Furthermore, Mr
  Tjandra’s application prescribed fee was made on 8 March 2012

  8 March Official Receipt No: R00000107095, for K10,000.00 being payment for Mr
  Joko Tjandra’s citizenship application which was submitted to PNG ICSA
  together with copies of his Indonesian Passport bio-data.

  Section 6(1) of Citizenship Act (Chapter 12) requires among others that an
  application for citizenship by naturalization under Section 67 of the
  Constitution shall be accompanied by the prescribed fee. Mr Joko Tjandra’s
  prescribed fee was on 8 March 2012, 4 month after he lodged his application,
  contrary to Section 6(1)(c) of Citizenship Act (Chapter 12).

  9 April Letter of Reference dated 9 April 2012 by Commodore (Retd) Peter Ilau,
  DMS CBE, to Ambassador Lucy B Bogari ISO.

  The letter states:

  The Embassy files do not provide any formal background information on
  the matter relating to JST;
  The Ambassador was informally made aware of issues of alleged tax
  evasion issue;
  The matter occurred in 1999 during the old government system left by the
  Suharto regime. Legal cases referring were well and truly over.
  The matter that is still very much delicate internal political controversy
  that needs to be reviewed and solved properly remembering also as their
  National Elections draws near towards 2014.
  It is the prerogative of the PNG Government as to who it wishes to deal
  with JST, as long as it is aware of the possible implications it may have
  against the bilateral relations.

  23 April The Citizenship Advisory Committee (CAC) comprised of Member for
  Goilala, Hon Matthew Poia as the Chairman, Dr Lawrence Kalinoe, Secretary
  for Department of Justice & Attorney General, as a Permanent Member and
  Mr Mataio Rabura, Acting Chief Migration Officer met to deliberate on Mr
  Joko Tjandra’s application.

  Chronology of Events Page viii

• Page 8 of 131

• 24 April PNG ICSA received a copy of the Letter of Reference dated 9 April 2012 from
  Commodore (Retd) Peter Ilau, DMS CBE, Ambassador to Indonesia.

  25 April Acting Chief Migration Officer, Mr Rabura wrote to the Chairman of CAC,
  Hon Matthew Poia, MP giving his support for the CAC to recommend the
  granting of Citizenship by Naturalization to Mr Joko Tjandra.

  26 April CAC Chairman, Hon Matthew Poia, MP wrote to Hon Ano Pala, MP then
  Minister for Foreign Affairs and Immigration advising him of the CAC
  Special Meeting on Monday 23 April where they deliberated on Mr Joko
  Tjandra’s application.

  The CAC’s recommendations made on 23 April 2012 on Mr Joko Tjandra’s
  application are:

  Hon Matthew Poia, Chairman of CAC: Recommended
  Mataio Rabura ISO, Permanent Member: Deferred
  Dr Lawrence Kalinoe, Permanent Member: Rejected

  27 April Mr Joko Tjandra was issued Permanent Resident Permit Number
  99902098071 at the PNGICSA Headquarters, which was issued to the validity
  of his Indonesian Passport No: P 806888.

  The PNG ICSA had improperly and negligently issued the PR Permit to Mr
  Joko Tjandra as his application was non-compliant with the requirements
  Section 1(2) and Section 2(3) of the Migration Regulation (Chapter 16) and
  should have been rejected.

  The then Minister for Foreign Affairs, Hon Ano Pala, MP had improperly and
  negligently exercised his power to exempt Mr Joko Tjandra from complying
  with the requirements for Permanent Residency stipulated under the Migration
  Act (Chapter16) and Migration Regulations (Chapter 16).

  29 April The then Minister for Foreign Affairs and Immigration Hon Ano Pala’s hand
  note on Hon Matthew Poia’s letter of 26 April 2013 reads ―MATAIO RABURA
  (underlined) The recommendation approved. Please proceed with citizenship
  formalities – signed 29/4/12‖.

  4 May Mr Joko Tjandra obtained PNG Passport No: B 328500 which expires on 4
  May 2017. His Date of Birth on the passport was 27 September 1963.

  7 May Mr Joko Tjandra applied for a new passport. He also put in a Statutory
  Declaration and Deed Poll to renounce his name to Joe Chan, and to change

  Chronology of Events Page ix

• Page 9 of 131

• his date of birth from 27 August 1951 to 27 September 1963.
  7 May A Passport Application dated 7 May 2012 was lodged. An Official Receipt
  No: R00000125113 for K100.00 from Mr Joe Chan being application fee for
  the new PNG Passport.

  16 May The then Minister, Hon Ano Pala, MP signed two copies of Certificate for
  Citizenship by Naturalization for Mr Joko Tjandra; one dated 12 February
  2012 and the other dated 29 April 2012.

  7 June The Acting Chief Migration Officer advised the Director (Passport and
  Citizenship) to proceed and issue PNG Passport under Mr Joko Tjandra’s new
  name – Joe Chan.

  PNG Passport No: B330971 was issued under Joe Chan and the new date of
  birth entered as 27 September 1963.

  22 June The Government of the Republic of Indonesia requested the Independent State
  of PNG to extradite Mr Joko Tjandra.

  On 6th October 2015, Minister for Justice and Attorney General Hon. Ano
  Pala when asked about the Extradition Request by Indonesia said

  ―If they (Indonesia) want him they can get him, but let them do it, our interest
  is the public interest. Let their country deal with it at the International level.
  Our interest are for the people of Papua New Guinea that‘s the political side
  of things that where I am coming from. I know you are strictly concerned
  about the law and I understand that but at some stage in our life we come to a
  stage where we can be wrong, if you go one way you are wrong, if you go the
  other way you can be right. It‘s the impact you make in the lives of people and
  that is so I don‘t know whether it‘s of any help to you or but that‘s being my
  state of mind.‖

  2013
  23 January The Chief Secretary to Government, Mr Manasupe Zurenuoc OBE wrote to
  Hon Rimbink Pato, OBE, LLB, MP, the new Minister for Foreign Affairs
  informing him that Mr Joko Tjandra’s PNG Citizenship was granted under
  questionable circumstances.

  23 January The Minister Hon Rimbink Pato OBE, LLB, MP notified Mr Joe Chan of the
  cancellation of PNG Passport No: B330971.

  26 January Henao Lawyers acting for Mr Joe Chan appealed to the Prime Minister against
  the Minister’s decision to cancel Passport No: B330971.

  Chronology of Events Page x

• Page 10 of 131

• 6 February NEC Meeting No: 01/2013 deliberated on Policy Submission No: 33/2013 –
  Subject: Correction and Vacation of Decision by former Minister for Foreign
  Affairs to grant Citizenship to Mr Joko Tjandra.

  7 February The Ministerial Committee of Review was established pursuant to Section
  13(2) of the Passport Act, 1982 to review the decision by Hon Rimbink Pato
  of 23 January 2013.

  19 February The Committee of Review commenced review into the decision.

  2 March Ambassador Andreas Sitepu, of the Embassy of the Republic of Indonesia,
  Port Moresby wrote to Hon Patrick Pruaitch, MP and Chairman of the
  Ministerial Committee of Review concerning information on Mr Joko Tjandra
  aka Joe Chan, the information was provided by the Attorney General’s Office
  in Jakarta, Indonesia.

  8 May The Committee of Review reported its findings and decision to the Prime
  Minister. The Committee resolved to revoke the decision of the Minister to
  cancel the applicant’s Passport No: B330971.

  The Committee made the following decisions:

  1. The Committee noted that Joe Chan alias Joko Soegaiato Tjandra is a
  naturalized citizen but there are serious issues relating to the manner in
  which he obtained PNG Citizenship.

  2. Notwithstanding, the matters of citizenship are outside of the Committee’s
  terms of reference therefore the Committee is not at liberty to base its
  decision on matters of citizenship. In this regard, the Committee accepts
  that Joko Soegiarto Tjandra has changed his name to Joe Chan, hence
  Chan is a PNG citizen for all intents and purposes.

  3. Suffice is to say that the issue of citizenship was a relevant consideration
  for the Committee as a passport can only be issued to a citizen.

  4. Further, the Committee has also received representatives from the
  Government of the Republic of Indonesia in respect to Chan’s conviction
  in Indonesia. These are matters involving a different legal system and the
  issue of extradition is not a matter before the Committee, or within its
  mandate.

  5. The Committee’s terms of reference are restricted to the grounds contained
  in the Minister’s notice of cancellation.

  Chronology of Events Page xi

• Page 11 of 131

• 6. The Committee can only find that Chan made a false entry in respect to his
  date of birth in the passport application form. This is a separate matter for
  the Minister to look into. As for the present, this is not a matter which has
  been stated in the Minister’s cancellation notice, and as such is not
  relevant to the Committee’s consideration and decision.

  7. The Committee’s decision there is as follows:

  a. In respect to grounds (i) and (ii) of the Minister Notice of
  Cancellation, these grounds cannot be sustained as they merely
  state the legal grounds under Section 12 (2) (b) and (e) of the Act
  and as such do not constitute reasons within the meaning of Section
  12(3)(b) of the Act.

  b. In respect to ground (iii) of the Minister’s Notice of Cancellation,
  which refers to Section 12(2)(f) of the Act, the ―reasons‖ provide
  therein cannot be sustained as the applicant did not provide false or
  misleading statements when applying for PNG Passport in respect
  to matters concerning criminal proceedings in Indonesia and
  matters pertaining to Interpol.

  8. Pursuant to its powers under Section 13(5) of the Act, the Committee
  hereby revokes the decision of the Minister to cancel PNG Passport B
  330971 issued to Joe Chan as contained in the Notice of Cancellation
  dated 23 January 2014.

  The Committee made the following recommendations:

  1. The Committee is of the view that the issue of citizenship had a lot to do
  with the cancellation of Chan’s passport. The Committee recommends that
  the Minister review the process adopted in the issuance of Chan’s
  citizenship.

  i. The Committee further recommends that the Minister improves the
  process under the Passport Act, 1982 including:

  a. Referring all legal instruments to the Department of Attorney
  General for verification prior to Minister signing to ensure
  compliance with law and procedure;

  b. Employing a competent lawyer to draft, check and verify all legal
  documents prior to signing by the Minister; and

  c. Amending the passport application form, namely ―FA 81 –
  Application for a Travel Document ―to insert a provision that

  Chronology of Events Page xii

• Page 12 of 131

• require applicants to disclose prior criminal convictions and, to
  provide character reference.

  ii. The Committee also recommends that the Minister appoint a multi-
  disciplinary task force to review the process for issuing PNG
  citizenship to foreigners and make appropriate legislative changes,
  including relaxing the rigidities in the Constitution, and to allow
  for dual citizenship in certain cases.

  21 May The Prime Minister submitted the Committee of Review’s Report to the
  Minister for Foreign Affairs & Immigration, Hon Rimbink Pato.

  29 May Hon Rimbink Pato MP sent a copy of the Committee of Review’s Report to
  the CMO Mr Mataio Rabura requesting him to review the Report and to brief
  the Minister as to the steps the CMO will take to avoid future occurrences.

  The same letter was sent to the then Minister for Justice and Attorney General,
  Hon Kerenga Kua MP, requesting him to study the report and render relevant
  legal advice to his Office and the Office of the PNG ICSA on the way
  forward.

  30 May Mr Mataio Rabura immediately wrote to Mr Joe Chan informing him of the
  findings of the Committee of Review’s findings.

  19 December In its Special Meeting No: 37/2013, the NEC deliberated on Policy
  Submission No. 283/2013 to correct NEC Decision No.31 of 2013 i.e.
  Correction and Vacation of Decision by former Minister for Foreign Affairs to
  grant Citizenship to Mr Joko Soegiarto Tjandra.

  By its Decision No: 456/2013 the NEC:

  1. noted the content of Policy Submission No: 283/2013 and

  2. noted however did not approve the authorization of the Attorney General
  to seek Declaration Orders in the National Court under Section 70(2)
  Constitution to commence legal process to revoke and nullify the grant of
  citizenship and cancel the citizenship awarded to Mr Joko Soegiarto
  Tjandra.

  3. directed that a new Submission be done taking into account
  recommendations from the Ministerial Committee established as per the
  NEC Decision 31/2013 and;

  4. directed that the matter be referred to the Chief Secretary to Government
  for further actions.

  Chronology of Events Page xiii

• Page 13 of 131

• 2014
  15 January Mr Joe Chan paid K300.00 and was issued an official Receipt No:
  R00000310031 for K300.00 being for Urgent Processing Fee for Renewal of
  PNG Passport.

  20 January Mr Joe Chan lodged a Passport Application to renew his passport citing the
  reason that his Passport No: B330971 ―Has been used up‖. The passport was
  recorded as ―cancelled‖ in the TARDIS Passport System and Mr Chan was
  issued a new passport No: C116701, which will expire on 20 January 2020.

  25 January Mr Joe Chan traveled on Air Niugini flight PX 008 (POM-HKG). He
  presented the cancelled Passport No: B330971 at the Immigrations and
  Customs check points at Jacksons International Airport.

  11 February Mr Joe Chan traveled on flight No: N8989N (SIN-POM) in his private jet,
  arrived at POM at 6.45pm. He presented the cancelled Passport No: B330971
  at the Immigration and Customs check points at Jacksons International
  Airport.

  7 March Mr Joe Chan traveled on flight No: N8989N to HKG departing at 4.00pm. He
  presented cancelled Passport No: B330971 at the Immigration and Customs
  check points at Jacksons International Airport.

  12 March Mr Joe Chan arrived from HKN on flight No: N8989N at 7.00am. He
  presented the cancelled Passport No: B330971 at the Immigration and
  Customs check points at Jacksons International Airport.

  17 March Mr Joe Chan departed for HKN on flight No: N8989N at 3.00pm, he presented
  the cancelled Passport No: B330971 at the Immigration and Customs check
  points at Jacksons International Airport.

  24 March Mr Joe Chan arrived from HKN on flight No: N8989N at 6.30am, he
  presented the cancelled Passport No: B330971 at the Immigration and
  Customs check points at Jacksons International Airport.

  12 June Mr Joe Chan departed on HKN on flight No: N8989N at 2.00pm, he presented
  the cancelled Passport No: B330971 at the Immigration and Customs check
  points at Jacksons International Airport.

  Chronology of Events Page xiv

• Page 14 of 131

• EXECUTIVE SUMMARY

  Overview

  This is the Final Report of an Own Initiative investigation conducted by the Ombudsman
  Commission into the improper and unlawful issuance of Entry Permits, granting of
  citizenship and issuance of passports to Mr Soegiarto Tjandra (Joko Tjandra) alias Joe Chan
  by the Papua New Guinea Immigration and Citizenship Services Authority (PNG ICSA).

  Mr Joko Tjandra, alias Joe Chan is from Sanggau, West Kalimantan Barat, Indonesia. He was
  born on 27 August 1951 to parents Mr Tjandra Kusuma (father) and Mrs Ho Yauw Hiang
  (mother). He is married to Mrs Anna Boentaran and they have three daughters, namely Ms
  Joanne Soegiarto Tjandranegara, Ms Jocelyne Soegiarto Tjandra and Ms Jovita Soegiarto
  Tjandra.

  Mr Joko Tjandra has seven siblings, namely Mr Eka Tjandranegara; Sir Soekandar Tjandra;
  KBE; Ms Eleana Tjandranegara; Ms Hilda Tjandra; Ms Jeannette (Lily) Benner; Mr Gunawar
  Tjandra and Ms Tan Tjandra. Sir Soekandra Tjandra, KBE and Ms Eleana Tjandranegara are
  naturalized citizens of Papua New Guinea

  According to the information from the PNG ICSA, Mr Joko Tjandra stated in his application
  for Citizenship by Naturalization that he first arrived in Papua New Guinea in 2000.
  However, there are no records of him entering PNG between 2000 and February 2009.

  On 27 February 2009, he arrived in Port Moresby and was granted APEC Business Travel
  Permit at Jacksons Airport Port Moresby, PNG. On 17 April 2009 he was granted a Business
  Short Term Multiple Entry Permit upon arrival at Jacksons Airport. On 11 June 2009 he was
  granted an APEC Business Travel Permit. On 21 October 2010 he was granted
  Working/Employment Resident Permit by the PNG Embassy in Jakarta, Indonesia, valid for
  three years.

  On 25 August 2011, he was granted Permanent Resident Permit by Hon Ano Pala, the then
  Minister for Foreign Affairs and Immigration using his powers under Section 20 of the
  Migration Act. On 27 April 2012, he was granted another Permanent Resident Permit by the
  PNG ICSA.

  In October 2011 Mr Joko Tjandra lodged an application for Citizenship by Naturalization.
  The CAC deliberated on his application on 23 April 2012. On 29 April 2012, Mr. Joko
  Tjandra was granted PNG Citizenship by Naturalization by the then Minister for Foreign
  Affairs and Immigration, Hon Ano Pala, MP.

  Executive Summary Page xv

• Page 15 of 131

• The then Minister Ano Pala MP approved Mr Joko Tjandra’s application and granted
  Citizenship by Naturalization knowing that Mr Joko Tjandra did not meet Constitutional
  requirements. The Minister also disregarded the advice by the National Security Agencies,
  NIO and RPNGC NCRO and Interpol that the applicant Mr Joko Tjandra had adverse records
  against his name that is, Mr Joko Tjandra’s name was on the Interpol Red Notice Alert and he
  was wanted as a fugitive by his country Indonesia. According to Interpol he was believed to
  be in possession of an Azerbaijan Passport number: P806888 which was reported stolen on
  24.06.2005 by NCB Baku (Interpol).

  Mr Joko Tjandra was convicted by the Indonesian Supreme Court on 11 June 2009 for the
  offence of corruption under Indonesian laws and was sentenced to two (2) years
  imprisonment hence was wanted by the Indonesian Police.

  On 4 May 2012, Mr Joko Tjandra was issued his first PNG Passport No: B328500. On 7
  May 2012, he applied for another passport and was issued PNG Passport No: B330971 under
  a new name as Joe Chan. He had also changed his date of birth to 27 September 1963. On
  20 January 2014 Joe Chan was issued another PNG Passport No: C11670.

  The Ombudsman Commission’s investigations established that the administrative systems,
  processes and procedures and the relevant laws governing the granting of Entry Permits,
  granting of Citizenship by Naturalization and issuing of Passports were not followed by the
  relevant governmental bodies, when they granted Entry Permits, granted PNG Citizenship
  and issued PNG Passports to Mr Joko Tjandra alias Joe Chan.

  Principal Findings

  The Ombudsman Commission made the following findings of wrong conduct:

  1. In the opinion of the Ombudsman Commission, the conduct of the then Acting CMO Mr
  Joseph Nobetau and then Director Visa – Ms Delilah Madao So’osane in issuing two
  APEC Business Travel Card Permits No: 12202052812 and No: 12201041074 in 2009 to
  Mr Joko Soegiarto Tjandra was wrong.

  2. In the opinion of the Ombudsman Commission, the conducts of the then Acting CMO Mr
  Joseph Nobetau and then Director Visa Ms Delilah Madao So’osane of the PNG ICSA in
  by-passing the requirements when processing Mr Joko Soegiarto Tjandra’s application for
  Permanent Resident Permits was wrong.

  3. In the opinion of the Ombudsman Commission, the conduct of the then Minister for
  Foreign Affairs, Hon Ano Pala MP in giving directives and instructions to the Officers of
  the PNG ICSA to issue Permanent Resident Permit No:99902087368 to Mr Joko
  Soegiarto Tjandra was wrong.

  4. In the opinion of the Ombudsman Commission, the conduct of the then Minister for
  Foreign Affairs, Hon Ano Pala, MP in exercising his powers under Section 20 of the
  Migration Act (Chapter 16) to exempt Mr Joko Soegiarto Tjandra from the PR Permit
  requirements was wrong.

  Executive Summary Page xvi

• Page 16 of 131

• 5. In the opinion of the Ombudsman Commission, the conduct of the CMO, Mr Mataio
  Rabura in supporting the granting of Citizenship by Naturalization to Mr Joko Soegiarto
  Tjandra was wrong.

  6. In the opinion of the Ombudsman Commission, the conduct of the CMO, Mr Mataio
  Rabura in using the letter of reference from Commodore (Retd) Peter Ilau, Ambassador to
  Indonesia as his basis to support the granting of Citizenship by Naturalization to Mr Joko
  Soegiarto Tjandra was wrong.

  7. In the opinion of the Ombudsman Commission, the conduct of the then CAC Chairman
  Hon Matthew Poia MP in failing to reconvene another meeting to deliberate on the
  reference letter from Commodore (Retd) Peter Ilau Ambassador to Indonesia before
  writing to the Minister for Foreign Affairs was wrong.

  8. In the opinion of the Ombudsman Commission, the conduct of the then Minister for
  Foreign Affairs & Immigration, Hon Ano Pala, MP in approving the granting of
  Citizenship by Naturalization to Joko Soegiarto Tjandra based on the letter from the then
  Chairman of CAC, Hon Matthew Poia, MP was wrong.

  9. In the opinion of the Ombudsman Commission, the conduct of the then Minister for
  Foreign Affairs & Immigration, Hon Ano Pala, MP in granting Citizenship by
  Naturalization to Mr Joko Soegiarto Tjandra knowing that the applicant did not meet
  Constitutional requirements was wrong.

  10. In the opinion of the Ombudsman Commission, the conduct of the CMO Mr Mataio
  Rabura in tendering a copy of Certificate for Citizenship by Naturalization dated 12
  February 2012 for Mr. Joko Soegiarto Tjandra to the Ministerial Committee of Review
  during the review into the cancellation of Mr Joko Soegiarto Tjandra’s Passport was
  wrong.

  11. In the opinion of the Ombudsman Commission, the conduct of the then CAC Chairman,
  Hon Matthew Poia in recommending for the granting of Citizenship to Mr Joko Tjandra
  based on his investment and development enthusiasm was wrong.

  12. In the opinion of the Ombudsman Commission, the conduct of the NEC Secretary Mr
  Ilagi Veali in distorting the NEC Decision No: 31/2013 contrary to the deliberations of
  the NEC regarding Policy Submission No: 33/2013 was wrong

  13. In the opinion of the Ombudsman Commission, the conduct of the NEC Secretary Mr
  Ilagi Veali and the NEC Secretariat in failing to properly minute NEC proceedings was
  wrong.

  14. In the opinion of the Ombudsman Commission, the conduct of the CMO Mr Mataio
  Rabura and then Director Passport & Citizenship Ms Delilah Madao So’osane in issuing
  Mr Joko Tjandra with a PNG Passport No: B328500 without any evidence of Citizenship
  was wrong.

  Executive Summary Page xvii

• Page 17 of 131

• 15. In the opinion of the Ombudsman Commission, the conduct of CMO Mr Mataio Rabura
  in authorizing the issuing of PNG Passport No: B330971 to Mr Joko Tjandra alias Joe
  Chan was wrong.

  16. In the opinion of the Ombudsman Commission, the conduct of CMO Mr Mataio Rabura
  and the Director Passport & Citizenship Ms Delilah Madao So’osane in accepting Mr
  Joko Tjandra’s change of name and date of birth on the Statutory Declaration and Deed
  Poll was wrong.

  17. In the opinion of the Ombudsman Commission, the conduct of the CMO Mr. Mataio
  Rabura, then Director Passport & Citizenship Ms Delilah Madao So’osane and the
  Officers of the Passport Section in failing to retain and discard Joe Chan’s Passport No: B
  330971 after it was recorded as ―cancelled‖ on the TARDIS system was wrong.

  18. In the opinion of the Ombudsman Commission, the conduct of the CMO Mr Rabura
  Mataio, the Officers of PNG ICSA Compliance and Border Section and the PNG
  Customs in allowing Mr Joe Chan to travel in and out of the country using two Passports
  interchangeably was wrong.

  Recommendations

  The Ombudsman Commission after considering the responses and comments received from
  the recipients of the Provisional Report makes the following recommendations:

  1. The Ombudsman Commission recommends that the Chief Migration Officer ensures that
  the relevant laws, regulations and guidelines regulating the processing of application for
  Entry Permits are strictly complied with.

  2. The Ombudsman Commission recommends that the Minister for Foreign Affairs &
  Immigration ensures strict compliance of the relevant laws, regulations and administrative
  procedures involved in granting Long Term Residence (Permanent Residence) Permit.

  3. The Ombudsman Commission recommends that the Minister for Foreign Affairs &
  Immigration amend Section 20 of the Migration Act as it is deem to be defective and is
  subject to potential abuse.

  4. The Ombudsman Commission recommends that the Chief Migration Officer ensures
  strict compliance of the relevant laws, regulations and administrative processes and
  guidelines in making recommendations for Citizenship.

  5. The Ombudsman Commission recommends that the Minister for Foreign Affairs &
  Immigration ensures that the relevant Laws, Regulations and guidelines regulating the
  granting of Citizenship be strictly complied with.

  6. The Ombudsman Commission recommends that Hon. Ano Pala, MP be referred to the
  Ombudsman Commission Leadership Division for misconduct in Office.

  Executive Summary Page xviii

• Page 18 of 131

• 7. The Ombudsman Commission recommends that the Minister responsible for Citizenship
  commence actions under Section 70 (2) of the Constitution to cancel Joko Tjandra’s
  citizenship.

  8. The Ombudsman Commission recommends that the Secretary for NEC ensures proper
  information storage of accounts and records of all NEC proceedings whether compiled,
  recorded or stored in a disc, tape or other devices capable of storing information.

  9. The Ombudsman Commission recommends that the Chief Migration Officer ensures that
  the laws, regulations and guidelines regulating the issuing and renewal of PNG Passports
  are strictly observed.

  10. The Ombudsman Commission recommends that the Chief Migration Officer be referred
  to the Police Fraud Squad for fraudulently assisting in facilitating the issuing of PNG
  Passports to Joko Tjandra under his new name of Joe Chan.

  11. The Ombudsman Commission recommends that the Minister responsible for Passport
  commence actions under Section 12 (1) (2) of the Passport Act to cancel Joe Chan’s
  Passport No. B330971 and Passport No. C116701.

  12. The Ombudsman Commission recommends that the Chief Migration Officer develop
  effective communication and engagement mechanism between the PNG ICSA and PNG
  Customs to promote concerted and transparent efforts towards dealing with Persons of
  Interest (POI) and combating transnational crimes and the Chief Migration Officer device
  or embrace new Border Management System (BMS) that is effective and can integrate
  with other existing systems to promote efficiency in enforcements against transnational
  crimes.

  Conclusion

  This report has found that the relevant laws and regulations regulating the issuance of Entry
  Permits including Long Term (Permanent Residence) Permit; granting of Citizenship by
  Naturalization and issuing of PNG Passports to Mr Joko Tjandra alias Mr Joe Chan were not
  complied with by the relevant authorities including the PNG ICSA; the CAC and the then
  Minister for Foreign Affairs. These include:

  The improper issuing of two APEC Business Travel Cards Permits to Mr Joko
  Tjandra in February and June 2009;

  The improper and unlawful approval and issuing of Permanent Resident Permit to Mr
  Joko Tjandra;

  The misapplication of power by the then Minister for Foreign Affairs Hon Ano Pala
  in exercising his discretionary powers under Section 20 of the Migration Act to
  exempt Mr Joko Tjandra from the PR requirements;

  The improper and unlawful conduct by the then Minister for Foreign Affairs in
  granting of Citizenship by Naturalization to Mr Joko Tjandra;

  Executive Summary Page xix

• Page 19 of 131

• The improper and unlawful issuing of PNG Passports No:B328500 to Mr Joko
  Tjandra by the CMO Mr Mataio Rabura and the Immigration Officers;

  The improper and unlawful issuing of PNG Passport No: B330971 and PNG Passport
  No: C116701 to Mr Joe Chan contrary to the Passports Act and Passports Regulations
  by CMO Mr Mataio Rabura and the Immigration Officers.

  The PNG ICSA failed to live up to the obligations entrusted to it by the State. It failed to
  ensure that the relevant laws including the Constitution, the Migrations Act and Migration
  Regulations; the Citizenship Act and Citizenship Regulations and the Passports Act and
  Passports Regulations were strictly complied with when dealing with Mr Joko Tjandra’s
  applications for Entry Permits, Citizenship and Passports.

  The PNG ICSA and the relevant governmental bodies must diligently implement the
  recommendations of this Report to promote good governance, transparency and
  accountability as intended by the State.

  Executive Summary Page xx

• Page 20 of 131

• 1. JURISDICTION AND PURPOSE OF INVESTIGATION

  [1.1] INTRODUCTION

  This is the Final Report by the Ombudsman Commission (the Commission) on an own
  initiative investigation under Section 219(1)(a) of the Constitution and Section 13 of the
  Organic Law on the Ombudsman Commission into allegations of wrongful conducts in the
  issuance of Entry Permits, granting of PNG Citizenship and issuing of PNG Passports to Joko
  Soegiarto Tjandra, aka Joe Chan by the Papua New Guinea Immigration and Citizenship
  Services Authority (PNG ICSA).

  Notice of intention to investigate the allegations was issued under Section 17(1) of the
  Organic Law on the Ombudsman Commission (OLOC) on Mr Mataio Rabura, Chief
  Migration Officer (CMO) of the PNG ICSA on 7 April 2014 advising him of the
  Commission’s decision to investigate this matter.

  [1.2] JURISDICTION OF THE OMBUDSMAN COMMISSION

  The Constitution empowers the Ombudsman Commission to investigate on its own initiative
  or on complaint by a person affected by any conduct on the part of any governmental body or
  an officer or employee of a governmental body in the exercise of a power or function vested
  in it, him or her by law in cases where the conduct is or may be wrong, taking into account,
  amongst other things, the National Goals and Directive Principles, the Basic Rights and the
  Basic Social Obligations.

  Section 217 (1) of the Constitution establishes the Ombudsman Commission. Section 217(1)
  of the Constitution states:
  ―There shall be an Ombudsman Commission, consisting of a Chief Ombudsman and two
  Ombudsmen‖.

  Section 217 (5) of the Constitution states that in the performance of the Commission’s
  functions, under Section 219 of the Constitution the Commission is not subject to direction or
  control by any person or authority.

  Section 217 (6) of the Constitution states that the proceedings of the Commission are not
  subject to review in any way, except by the Supreme Court or the National Court on the
  ground that it has exceeded its jurisdiction.

  Section 217 (8) of the Constitution defines conduct. Section 217(8) states:
  (a) ―any action or inaction relating to a matter of administration; and
  (b) any alleged action or inaction relating to a matter of administration.‖

  Jurisdiction and Purpose Page 1

• Page 21 of 131

• Section 218 (a) (b) and (c) of the Constitution specifies the purposes of establishing the
  Commission. Section 218(a) (b) and (c) states:
  ―The purposes of the establishment of the Ombudsman Commission are—

  (a) to ensure that all governmental bodies are responsive to the needs and
  aspirations of the People; and
  (b) to help in the improvement of the work of governmental bodies and the
  elimination of unfairness and discrimination by them; and
  (c) to help in the elimination of unfair or otherwise defective legislation and
  practices affecting or administered by governmental bodies‖

  Section 13 of the Organic Law on the Ombudsman Commission also specifies the purpose of
  establishing the Commission. It states:
  ―For the purposes of Section 219 (1) ( a ) (functions of the Commission) of the
  Constitution the functions of the Commission, in addition to the functions specified in
  Section 219 ( 1 ) ( b ) ( c ), ( d ) and ( e ) (functions of the Commission) of the Constitution,
  are to investigate, on its own initiative or on complaint by a person affected, any conduct
  on the part of –

  (a) any State Service or a member of any State Service; or
  (b) any governmental body, or an officer or employee of a governmental body; or
  (c) any other service or body referred to in Section 219(a) (functions of the
  Commission) of the Constitution that the Head of State, acting with, the advice
  of the National Executive Council, by notice in the National Gazette, declares to
  be a service or body for the purpose of this section‖.

  Section 219(1)(a)(ii) of the Constitution empowers the Ombudsman Commission to
  investigate on its own initiative or on complaint by a person affected any conduct on the part
  of any governmental body or an officer or employee of a governmental body in the exercise
  of a power or function vested in it, him or her by law in cases where the conduct is or may be
  wrong, taking into account, amongst other things, the National Goals and Directive
  Principles, the Basic Rights and the Basic Social Obligations.

  Schedule 1.2(1) defines ―governmental body‖ as:

  (a) the National Government; or
  (b) a provincial government; or
  (c) an arm, department, agency or instrumentality of the National Government or
  a provincial government; or
  (d) a body set up by statute or administrative act for government or official
  purposes.

  The PNG ICSA is a governmental body created by statute, namely the Immigration and
  Citizenship Service Act 2010.

  The Ombudsman Commission therefore has jurisdiction to inquire into the question of
  whether the PNG ICSA made an improper decision in issuing Entry Permits, awarding PNG
  Citizenship and PNG Passports to Mr Joko Soegiarto Tjandra.

  Jurisdiction and Purpose Page 2

• Page 22 of 131

• [1.3] PURPOSE OF THE INVESTIGATION

  The purpose of this investigation was to determine whether any of the conduct under
  investigation was wrong and to determine whether any laws or administrative practices were
  defective in relation to the decision of the Chief Migration Officer of PNG ICSA, Officers of
  PNG ICSA, the Citizenship Advisory Committee and the Minister for Foreign Affairs and
  whether there were any defects in any law or administrative practice.

  [1.4] METHOD OF INVESTIGATION

  The Ombudsman Commission issued a notice under Section 17(1) of the Organic Law on the
  Ombudsman Commission on 7 April 2014 to the Chief Migration Officer, PNG ICSA,
  advising of its intention to investigate the allegation.

  Section 17(1) states:

  Before investigating any matter within its jurisdiction, the Commission shall inform the
  responsible person of its intention to make the investigation.

  The Ombudsman Commission used its powers under Section 18 of the Organic Law on the
  Ombudsman Commission to require people to produce documents and information and other
  evidence.

  Section 18 states:

  (1) Subject to the provisions of this Section and of Section 19, the Commission may from
  time to time require any person who in its opinion is able to give any information
  relating to any matter that is being investigated by the Commission to furnish to it
  that information and to produce any documents, papers or things that, in the opinion
  of the Commission, relate to any matter being investigated by it and that may be in
  the possession or control of that person.

  Comments in respect of Hon Pala‟s response

  In his response on the Provisional Report, Hon. Ano Pala stated that the Ombudsman Commission failed to
  serve him with a notice as a ―Responsible Person‖ of the Commission‘s intention to make the investigation,
  therefore a breach of Section 17 (1) of the Organic Law on the Ombudsman Commission (OLOC).

  Section 17 (1) OLOC states that before investigating any matter within its jurisdiction, the Commission shall
  inform the responsible person of its intention to make the investigation.

  Section 2 of the OLOC gives the meaning of a responsible person as follows;

  (a) In the case of any State Service, Provincial Service or other Governmental body – Permanent Head of
  that Service or body.
  (b) In the case of a natural person – that person;
  (c) In the case of any statutory body, the Statutory Head of that body; and
  (d) In the case of any local government body – the President or Chairman of that body

  Jurisdiction and Purpose Page 3

• Page 23 of 131

• Given the definition in Section 2 OLOC, the responsible person is the permanent head of a state service,
  provincial service or other governmental body. However in this case, the investigation dwells into the
  administrative functions of the PNG Immigration & Citizenship Services Authority (―the Authority‖) hence the
  responsible person is the Statutory Head of PNGICSA.

  PNGICSA is a statutory body created through an Act of Parliament known as Immigration and Citizenship
  Service Act 2010 (―the Act‖). Under Section 22 of the Act, the Chief Migration Officer (CMO) is the Chief
  Executive Officer and head of the Staff of the Authority. The CMO is responsible to the Minister for the efficient
  functioning of the Authority.

  The CMO‘s functions are spelt out under Section 23 of the Act which include, managing operational matters,
  implementing the functions, objectives and responsibilities of the Authority, providing advice to the PNGICSA
  board and Minister on strategic policies, provide advice on matters concerning the Authority and any other
  functions or duties required of the office under the Act.

  Therefore, in this matter, the Hon Ano Pala is not a ―responsible person‖ under the meaning provided by
  Section 2 of the OLOC.

  Hon. Ano Pala suggests that OC did not have the authority to exercise its jurisdiction to investigate him as the
  then Minister for Foreign Affairs & Immigration. This is misconceived. The OLOC function is to investigate any
  State Service or its member, governmental body or its officers and any other service or body that the Head of
  State upon advice by NEC and by Gazettal Notice is declared to be such a service or body. Therefore, it appears
  that Hon Ano Pala has confused this investigation with that investigation done into the conduct of leaders under
  the Leadership Code.

  [1.5] PEOPLE WHO GAVE EVIDENCE BEFORE THE COMMISSION

  The following people were required to produce documents, information and gave evidence
  before the Commission:

  # Name Title
  1 Mr Mataio Rabura ISO Chief Migration Officer – PNG ICSA
  2 Mr Clarence Parisau Manager-Refugee Processing Centre – PNG ICSA
  3 Mrs Delilah So’o Sane Manager, Human Resource – PNG ICSA
  4 Ms Margret Gitai Manager, Passports – PNG ICSA
  5 Ms Liza Gabina Manager Extension, APEC & PR – PNG ICSA
  6 Mr Dino Mas Deputy CMO, Visa – PNG ICSA
  7 Mr Solomon Kantha Deputy CMO, Borders & Compliance – PNG ICSA
  8 Dr Lawrence Kalinoe Secretary – DJAG
  9 Mr Ray Paul Commissioner – Customs
  10 Mr Gari Baki Director General – NIO
  11 Mr Kasa Wumber Acting OIC – NCRO & Interpol
  12 Hon Kerenga Kua Member for Sinasina Yongomugl Open
  13 Mr Ilagi Veali Secretary – NEC
  14 Mr Frank Tasi Director – NEC
  15 Hon Ano Pala Former Minister for Foreign Affairs & Immigration

  Jurisdiction and Purpose Page 4

• Page 24 of 131

• [1.6] LEGALITY OF ADMINISTRATIVE CONDUCT

  When the Ombudsman Commission conducts an investigation, it is not confined to reporting
  on whether or not there have been breaches of the law. The Commission’s constitutional
  mandate is broader than this. It is authorized to report on what, in its opinion, is ―wrong
  conduct‖, irrespective of whether that conduct has been in accordance with the law.

  [1.7] WHAT IS ―WRONG CONDUCT‖?

  The Constitution gives some guidance to the Commission when it is deciding whether a
  conduct is ―wrong‖.

  Section 219(2) of the Constitution states:

  Subject to Subsections (3), (4) and (5), and without otherwise limiting the generality of the
  expression, for the purposes of Subsection (1)(a) conduct is wrong if it is-

  (a) contrary to law; or

  (b) unreasonable, unjust, oppressive or improperly discriminatory, whether or not it is in
  accordance with law or practice; or

  (c) based wholly or partly on improper motives, irrelevant grounds or irrelevant
  considerations; or

  (d) based wholly or partly on a mistake of law or of fact; or

  (e) conduct for which reasons should be given but were not, whether or not the act was
  supposed to be done in the exercise of deliberate judgment within the meaning of
  Section 62 (decisions in ―deliberate judgment‖).

  The above list is not exhaustive. The phrase ―and without otherwise limiting the generality of
  the expression‖ indicates that conduct which does not fit into any of the descriptions in
  paragraphs (a) to (e) may still be regarded as wrong. The Ombudsman Commission is entitled
  to regard the conduct as wrong, even if the conduct does not appear in the list of descriptions
  given in Section 219(2) of the Constitution.

  [1.8] THE PROVISIONAL REPORT

  A Provisional Report allows persons who may be affected by the Commission’s final report
  to respond to any adverse findings and correct any factual errors the Commission may have
  made. By seeking comments and submissions from those affected, the Commission is able to
  discharge its obligation of procedural fairness under Section 17(4)(b) of the Organic Law on
  the Ombudsman Commission.

  Jurisdiction and Purpose Page 5

• Page 25 of 131

• Section 17(4)(b) states:

  Nothing in this Law compels the Commission to hold any hearing and no person
  is entitled as of right to be heard by the Commission except that…

  the Commission shall not make any comment in its report that is adverse to or
  derogatory of any person without –
  (i) providing him with reasonable opportunity of being heard; and

  (ii) fairly setting out his defense in its report.

  The Provisional Report was distributed only to persons who were the subject of adverse
  comment or who had some other special interest in the matter. The Commission also issued a
  direction under Section 21 of the Organic Law on the Ombudsman Commission that none of
  the contents of the report could be published without the written consent of the Commission.

  All persons who received the Provisional Report (in whole or in part) were given the
  opportunity to respond, orally and/or in writing, to the Commission’s preliminary findings.
  As far as fairness is concerned, the Commission’s constitutional obligation is to ―fairly‖ set
  out the ―defence‖ of persons who are the subject of adverse or derogatory comment; and we
  have conscientiously set about discharging this obligation.

  Each of the following people was given a copy of the Provisional Report and was invited to
  comment on the Commission’s preliminary findings. :

  DATE DATE
  N NAME TITLE DELIVERED RESPONSE
  o. RECEIVE
  1 Hon Ano Pala Former Minister for Foreign Affairs 6/6/2016 10/08/2016

  2. Mr Mataio Rabura Chief Migration Officer 6/6/2016 No response

  3. Mr Joseph Nobetau Former Acting Chief Migration Officer 6/6/2016 No response

  4. Ms Delilah Madau So-osane Former Director, Passport & Visa 6/6/2016 No response

  5. Mr Ilagi Veali Secretary – NEC 6/6/2016 05/07/2016

  6. Mr Matthew Poia Former Chairman CAC 24/08/2016

  7. Mr Ray Paul Chief Commissioner Customs 6/6/2016 11/07/2016

  8. Mr Aquila Sampson Legal Officer 25/7/2016 09/08/2016

  9. Mr Donald Foo Legal Officer No response

  10 Mr Joko Tjandra aka Joe chan – Did not respond to media Notice

  The Commission discharged its duty of procedural fairness and natural justice by giving the
  above persons the opportunity to respond to the Provisional Report.

  Out of the 10 recipients only 5 responded whilst the other 5 did not respond. The responses
  and comments by the 5 recipients are included hereunder.

  Jurisdiction and Purpose Page 6

• Page 26 of 131

• 2. FINDINGS OF FACTS

  [2.1] GENERAL

  In this Section, the Ombudsman Commission will state its findings of facts relating to the
  wrong conduct and defective administrative practices involved in the issuing of Entry
  Permits, granting of Citizenship by Naturalization and issuing of PNG Passports to Mr
  Joko Soegiarto Tjandra (Joko Tjandra) alias Joe Chan by the PNG ICSA.

  Mr Joko Tjandra is from Sanggau, West Kalimantan Barat, Indonesia. He was born on 27
  August 1951 and married with three daughters.

  According to the information provided to the Commission by the PNG ICSA, Mr Joko
  Tjandra first arrived in PNG on a short term entry permit in February 2009. He was then
  granted two Permanent Resident Permits in August 2011 and April 2012 respectively and
  was granted Citizenship by Naturalization on 29 April 2012. Mr Tjandra was then issued
  his first PNG Passport on 4 May 2012, his second PNG Passport on 7 May 2012 under his
  adopted name Mr Joe Chan and his third PNG Passport on 20 January 2014.

  [2.2] JOKO TJANDRA’S INDONESIAN PASSPORTS

  Mr Joko Tjandra is the holder of three Indonesian Passports which he used interchangeably
  between 2009 and 2012. Table 1 below shows the details of the passports.

  Table 1
  # Name Passport No. Nationality Date Expiry Date of
  issued Date Birth
  1 Joko Soegiarto P806888 Indonesia 25/07/2007 25/07/2012 27/08/1951
  Tjandra
  2 Joko Soegiarto A0932380 Indonesia 29/12/2011 29/12/2016 27/08/1951
  Tjandra
  3 B256431 Indonesia

  Comments

  Mr Joko Tjandra’s Indonesian Passport No: A0932380 was issued on 29 December 2011
  with a validity period up to 29 December 2016.

  Findings of Facts Page 7

• Page 27 of 131

• However, on 17 April 2009, the same Passport No: A0932380 was presented at Jackson’s
  airport when he was granted the Short Term Business permit No: 12201046539. This
  passport was already in use two years prior to it being issued formally.

  The information provided also indicated that Mr Joko Tjandra had a third Indonesian
  Passport No: B256431, the details of which were not provided.

  The PNG ICSA and PNG Customs, the responsible Government Agencies at Jacksons
  Airport improperly allowed Mr Joko Tjandra to enter the country under different passports
  without questions.

  As the Passports are Government properties, the normal procedure is for Mr Joko Tjandra
  to surrender his Indonesian Passports to the Indonesian Government after he was granted
  PNG citizenship. However, the PNG ICSA does not have any record of what had
  happened to Mr Joko Tjandra’s Indonesian passports after he was granted PNG Citizenship
  in April 2012.

  [2.3] RECORDS OF ENTRY PERMITS GRANTED TO JOKO
  TJANDRA

  According to the Border Management System (BMS) records that were provided to the
  Commission regarding the Entry Permits issued to Mr Joko Tjandra, the following entry
  permits were issued between February 2009 and April 2012 before he was granted
  Citizenship by Naturalization. Table 2 below summarizes the entry permits issued.

  Table 2
  # Entry Permit Place of Issue Date of Entry Permit Date of Passport
  Type/Class Issue Number Expiry Number
  Jackson’s
  1 APEC BTC 27/02/2009 12202052812 P806888
  Airport
  Business – Short Term Jackson’s
  2 17/04/2009 12201046539 17/04/2010 A0932380
  Multiple Entry Airport
  Jackson’s
  3 APEC BTC 11/06/2009 12201041074 P806888
  Airport
  Working Resident – PNG
  Employment: Embassy,
  4 21/10/2010 11150000597 3 years
  Sponsor: Naima Jakarta,
  Investments Ltd Indonesia
  Permanent Resident – Issued to
  PNG ICSA
  5 CEO, Sponsor: Naima 25/08/2011 99902087368 validity of P806888
  Headquarters
  Investment Ltd Passport
  Permanent Resident – Issued to
  PNG ICSA
  6 CEO, Sponsor: Naima 27/04/2012 99902098071 validity of A0932380
  Headquarters
  Investment Ltd passport

  Findings of Facts Page 8

• Page 28 of 131

• Comments

  The above information was captured in the Visa Processing and Border Movement System
  that is used by the PNG ICSA at Jacksons Airport and Overseas Missions. Its purpose is to
  record movements of people in and out of PNG. It is also used to process visas or entry
  permits for non-citizens coming into PNG.

  An “entry permit‖ according to Section 2 of the Migration Act (Chapter 16) (herein
  referred to as the ―Act‖) means an entry permit issued under Section 4 which has not
  expired, been cancelled or become invalid; and was not obtained or issued in consequence
  of fraud or misrepresentation or the concealment or non-disclosure, whether intentional or
  inadvertent, of a material fact or circumstance.

  A “holder” in the Act means a person permitted by that entry permit to enter the country.

  Section 4 of the Act states, a person seeking an entry permit shall apply for it in the
  prescribed manner. That, an officer or authorized person, on receipt of an application, may
  issue an entry permit.

  [2.4] PNG PASSPORTS ISSUED TO JOKO TJANDRA ALIAS JOE
  CHAN

  On 29 April 2012, the then Minister for Foreign Affairs, Hon Ano Pala, MP approved Mr
  Joko Tjandra’s application for Citizenship by Naturalization. Mr Tjandra then applied for
  PNG Passports and was issued three (3) passports. Table 3 below shows the details of the
  passports.

  Table 3
  # Name Passport Nationality Date Expiry Date of
  No. issued Date Birth
  Joko Soegiarto
  1 B 328500 PNG 04/05/2012 04/05/2017 27/08/1951
  Tjandra

  2 Joe Chan B 330971 PNG 07/06/2012 07/06/2017 27/09/1963

  3 Joe Chan C 116701 PNG 20/01/2014 20/01/2020 27/09/1963

  Findings of Facts Page 9

• Page 29 of 131

• Comments

  Mr Joko Tjandra’s first PNG Passport No: B 328500 had the same bio data as that of his
  Indonesian Passports listed in Table 1, that is; his name as Joko Soegiarto Tjandra and his
  date of birth as 27 August 1951. The Passport had a validity period up to 4 May 2017.

  Mr Tjandra was then issued two other PNG passports under his new name Joe Chan and
  with a different date of birth which was changed from 27 August 1951 to 27 September
  1963.

  [2.5] APEC BUSINESS TRAVEL CARD (PERMIT) NO: 12202052812

  On 27 February 2009, Mr Joko Tjandra was issued APEC Business Travel Card (ABTC)
  Permit No: 12202052812 upon arrival at the Jackson’s International Airport in Port
  Moresby. The permit was issued against his Indonesian Passport No: P806888.

  Comments

  An APEC Business entry permit, in the form of an APEC Business Travel Card (ABTC) is
  issued by the holder’s country and endorsed for entry into Papua New Guinea by an
  authorized officer. ABTC is valid for three years, with each visit within that period, not to
  exceed 60 days, and may be valid for multiple entries. It facilitates travel for genuine
  business people between APEC member economies.

  The card minimizes the need to obtain separate business visas. In most countries, holders
  of the ABTC are also able to access streamlined entry arrangements. The ABTC does not
  replace a passport. Card holders must always carry their passport when travelling.

  On 27 February 2009, Mr Joko Tjandra was issued ABTC Permit No: 12202052812 at the
  Jackson’s International Airport in Port Moresby by the PNG ICSA.

  On 23 February 2015, CMO Mr Mataio Rabura was interviewed under Oath by the
  Commission and was asked to provide clarification about this permit. He stated that the
  Permit was a Short Multiple Permit or Business Visa issued at the Jackson’s Airport. He
  further stated that ―the permit was created for Indonesian APEC ID 267 and there was
  something wrong somewhere‖. Mr Rabura was unable to provide further clarification on
  the permit.

  He was requested to provide further information and explanation regarding this permit
  however he failed to do so. The Commission therefore assumes that he had no explanation;
  he was aware that there was something wrong in the manner in which the permit was
  issued but neglected to correct the anomaly.

  Findings of Facts Page 10

• Page 30 of 131

• [2.6] SHORT TERM BUSINESS PERMIT NO: 12201046539

  On 17 April 2009, Mr Joko Tjandra was issued Entry Permit No: 12201046539 which is a
  Business Short Term Multiple Entry Visa at Jackson’s Airport upon his arrival. The
  validity of this Permit was for 12 months which was to expire on 17 April 2010. The
  permit was issued against his Indonesian Passport No: A0932380.

  Comments

  The information in Table 2 shows that two months earlier, on 27 February 2009, Mr Joko
  Tjandra entered PNG on Indonesian Passport No: P806888 which is a different passport.
  This passport was still valid for use by Mr Tjandra until 25 July 2012. It was therefore
  wrong to allow him to enter into the country under two different passports.

  The PNG ICSA and PNG Customs being the relevant government authorities responsible
  for issuing of Entry Permits and checking passengers arriving into the Country at the
  Customs Entry Points at the Jackson’s Airport had negligently allowed him to enter the
  country under different passports without question.

  [2.7] APEC BUSINESS TRAVEL CARD (PERMIT) NO: 12201041074

  On 11 June 2009, Mr Joko Tjandra arrived at the Jackson’s International Airport in Port
  Moresby and was issued ABTC Permit No: 12201041074. The entry permit was issued
  against Passport No: P806888.

  Comments

  This permit is similar to the ABTC Permit No: 12202052812 issued on 27 February 2009
  [Fact 2.5].

  On 23 February 2015, CMO Mr Mataio Rabura gave evidence under oath to the
  Ombudsman Commission. He was asked to provide clarification about this permit. He
  stated that the permit was a short multiple entry permit or business visa issued at the
  Jackson’s Airport and the permit was created for Indonesian APEC ID 267. He further
  stated that there was something wrong somewhere.

  Mr Rabura was unable to provide further clarification on the permit. He was requested to
  provide further information and explanation regarding this permit however he failed to do
  so.

  The Commission therefore assumes that he had no explanation. He was aware that there
  was something wrong somewhere as stated during interview but neglected to act on that
  wrong conduct.

  Findings of Facts Page 11

• Page 31 of 131

• In February 2009, Mr Joko Tjandra entered PNG on Passport No: P806888. Then in April
  2009, he came in to the country under Passport No: A0932380 and in June 2009, he
  entered PNG using Passport No: P806888.

  It appears that the PNG ICSA responsible for the issuing of Entry Permits at the Entry
  Point at the Jackson’s Airport had negligently allowed Mr Joko Tjandra to enter the
  country using two different Indonesian Passports interchangeably without question.

  [2.8] INTERPOL RED NOTICE CONTROL

  On 10 July 2010, Interpol Indonesia published and circulated a Red Notice Control No: A-
  1897/7-2009 on a wanted fugitive Mr Joko Tjandra to serve two (2) years imprisonment
  for embezzlement.

  Comments

  RPNGC Interpol Konedobu being part of the Interpol Network were aware of the Red
  Notice alert when Interpol Indonesia posted the notice on 7 July 2010. Interpol Konedobu
  failed to notify the relevant authorities to be aware that the subject Mr Joko Tjandra was
  wanted by the Indonesian authorities.

  [2.9] WORKING RESIDENT PERMIT NO: 11150000597

  On 21 October 2010, Mr Joko Tjandra was issued Entry Permit No: 11150000597 which is
  a Working Resident Permit by the PNG Embassy in Jakarta, Indonesia. His employer and
  sponsor was Naima Investment Ltd. The Permit was valid for three (3) years up to 21
  October 2013.

  Comments

  Mr Joko Tjandra’s Working Resident Permit was valid for three (3) years from 21 October
  2010 to 21 October 2013 as an employee of Naima Investment Ltd.

  [2.10] CHARACTER REFERENCES

  Section 68 (2) (j) of the Constitution requires character references to be given to determine
  suitability of an applicant for citizenship in Papua New Guinea.

  Mr Joko Tjandra’s character references were given by Sir Nagora Y. Bogan, KBE, former
  PNG Ambassador to the United States and Mr Anton Benjamin, former Acting Secretary
  for Department of Agriculture.

  Findings of Facts Page 12

• Page 32 of 131

• On 3 April 2011, Sir Nagora Y. Bogan said:

  ―I have had known Joko Tjandra since 1974, when he first came and worked in
  Lae. Since he has maintained close affinity with Papua New Guinea and what
  started of a business alliance has matured into close friendship. Throughout those
  years, I have got to respect and have high regard for his acumen and
  professionalism as one of the most prolific and successful business men. He has a
  great heart and has contributed to many humanitarian projects in many parts of
  Asia including many developing countries.‖

  On 18 April 2011, Mr Anton Benjamin said:

  ―I understand that Mr Joko Soegiarto Tjandra is applying for PNG Citizenship and
  it is my pleasure to confirm Mr Tjandra‘s excellent character to support his
  application.

  I confirm that I have known Mr Tjandra for more than five years as a family friend
  and have a professional relationship throughout mutual interest in rural
  development and agriculture. At all times I have found him to be of excellent
  character, dependable, reliable and hardworking, conscientious, honest and peace
  loving.

  Mr Tjandra is an extremely successful businessman and has a diverse range of
  business portfolios. With these credentials and experience, I am confident that he
  will no doubt contribute immensely to economic growth and rural development in
  PNG.‖

  Comments

  Mr Joko Tjandra’s intention to apply for PNG Citizenship was made known as early as
  April 2011, the date when he signed his Application for Citizenship by Naturalization. He
  was just six (6) months into the Working Resident Permit No: 11150000597.

  Both Referees stated that they knew Mr Joko Tjandra for more than five years. However,
  the BMS record provided does not have any records of him entering PNG prior to 2009.

  These character references contradict the character and security reports provided by the
  NCRO/Interpol and NIO. Interpol Indonesia had earlier issued a Red Notice Control No:
  A-1897/7-2009 on 9 July 2010 on wanted fugitive Mr Joko Tjandra.

  Findings of Facts Page 13

• Page 33 of 131

• [2.11] APPLICATION FOR PERMANENT RESIDENT PERMIT

  On 25 August 2011, Mr Joko Tjandra lodged an application for Permanent Resident (PR)
  Permit at the PNG ICSA office. The application was checked, processed and registered on
  the BMS by PNG ICSA Officer Lailai Geno and for the Director – Visa, Delilah Madao to
  make a decision.

  The BMS log has the following comments regarding the application:

  1. CHECK REQUIREMENTS:-

  As per directions from Ac/CMO, Mr Joseph Nobetau and Mrs Delilah So‘osane – Director
  Visa in response to instructions from Minister Ano Pala, Minister responsible for Foreign
  Affairs and Immigration in line with Section 20 of the Migration Act accommodating
  Exemptions. Lailai Geno 25-Aug-2011 @ 11.25am (Action completed.

  Requirement met.
  Subject is the CEO of Naima Investments Ltd and Minister Ano Pala under Section 20 of
  the Migration Act has approved PR be granted hence directions by Mr Nobetau, Ac/CMO
  and Delilah So‘o same, Director Visa are adhered to here. Section 20 of the Migration Act
  is exempting Mr Joko from all or any of the provisions of the Act regarding PR visa, an
  entry permit.

  2. RECOMMENDATION:-

  Recommend to Approve. As per instructions from Minister Ano Pala, Minister for Foreign
  Affairs & Immigration under Section 20 of the Migration Act which states and I quote
  ―Minister may by instruction under his hand exempt (a) a person or a class or description
  of persons either absolutely or conditionally from all or any of the provisions of this Act‖,
  directions from Mr Nobetau (CMO) and Mrs So‘o Sane (Director – Visa) are been
  adhered to here, thus approval is sought for visa to be issued.

  Comments

  Section 1(2) of the Migration Regulation (Chapter 16) states –

  An applicant for an entry permit for long term residence shall—
  (a) be a holder of a current valid foreign passport; and
  (b) be a holder of a current valid entry permit issued under this Regulation; and
  (c) be normally resident in Papua New Guinea; and
  (d) have a working knowledge of English or any one of the languages spoken in Papua
  New Guinea; and
  (e) be of good character and of good standing in the community where the applicant
  normally resides; and

  Findings of Facts Page 14

• Page 34 of 131

• (f) not have been convicted of an offence and sentenced, by a court of competent
  jurisdiction in Papua New Guinea or outside of Papua New Guinea to imprisonment
  for a term greater than three months; and
  (g) provide documentary evidence that the applicant is in one of the class of persons
  specified in Section 2(3) ; and
  (h) where the applicant is a class of persons referred to in Section 2(3)(a) and (c), include
  a certificate from the appropriate authority permitting a foreign enterprise to
  conduct business in Papua New Guinea.
  (i) lodge his application which shall be personally approved by the Minister on the
  recommendation of the Chief Migration Officer.

  On 06 October 2015, Attorney General and Minister for Justice Hon Ano Pala, MP was
  interviewed under Oath by the Commission and was asked to clarify the comments
  extracted from the BMS by the officers of PNG ICSA.

  By way of his background information he stated that he was appointed Attorney General
  and Minister for Justice on 6 May 2010 then appointed as Minister for Agriculture and
  Livestock from 9 December 2010 to 2 August 2011. He was then appointed as Minister for
  Foreign Affairs on 5 August 2011.

  On 25 August 2011, twenty days later Mr Joko Tjandra lodged an application for a PR
  Permit and was granted PR Permit on the same day as CEO for Naima Rice Project, which
  is an agricultural project.

  Minister Hon Ano Pala, MP during interview said ―I cannot remember issuing any
  instruction to the officers of PNG ICSA, because I don‘t know whether it was within my
  powers to issue the PR Permit. I therefore cannot confirm or deny issuing any instruction
  to the officers to issue PR Permit to Mr Joko Tjandra‖. Minister Ano Pala further denied
  knowing the applicant until after he was granted Citizenship.

  As noted from the BMS log, the application was not processed and checked against the
  requirements stipulated under the Migration Regulation (Chapter 16). There were
  irregularities in the granting of PR Permit to Mr Joko Tjandra in that he did not meet all
  requirements specified under Section 1(2) (c)(d)(e)(f)(g)(h)(i) of the Migration Regulation
  (Chapter 16).

  The CMO Mr Rabura was requested to provide a copy of the PR Permit application;
  however he failed to do so.

  Findings of Facts Page 15

• Page 35 of 131

• [2.12] PERMANENT RESIDENT PERMIT NO: 99902087368

  On 25 August 2011, Mr Joko Tjandra was issued PR Permit No: 99902087368, as directed
  by the then Minister for Foreign Affairs, Hon Ano Pala, MP. This Permit entitled the
  holder to enter and stay in PNG until 25 July 2012 when his Indonesian Passport No.
  P806888 will expire.

  The details of the Permit are as follows:

  Permit Number : 99902087368
  Permit Type : Permanent
  Permit Class : CEO
  Issue Date : 25 August 2011
  Expiry Date : 25 July 2012
  Stay Period : 10 years
  Position Number : CEO
  Work Permit Number : 14080420
  Work Permit Expiry : 10 August 2014
  Work Sponsor : Naima Investment LTD
  Passport Number : P: 806888
  Names : Joko Soegiarto Tjandra
  Issuing Officer : Liza-Ann (HQ) Gabina
  Issuing Post : Port Moresby

  Comments

  On the same day, 25 August 2011 Mr JokoTjandra was granted a PR Permit as CEO of
  Naima Investment Ltd upon instructions of the then Minister for Foreign Affairs, Hon Ano
  Pala, MP.

  Mr Joko Tjandra’s PR Permit application was processed and granted on the same day. He
  was given special treatment by the PNG ICSA and the then Minister Hon Ano Pala, MP.

  The PR Permit allows for a Stay Period of 10 years; in this case from 25 August 2011 to
  August 2022. However, Mr Joko Tjandra was granted PR permit for a period of 11 months
  only from 25 August 2011 to 25 July 2012.

  Mr Joko Tjandra was granted PR Permit No: 99902087368 on 25 August 2011, when his
  Working Resident Permit (granted in October 2010) was still valid.

  Mr Joko Tjandra was not the CEO of Naima Investment Ltd at the time of applying and
  granting of the PR Permit. He was on a Working Resident Permit which was granted on 21
  October 2010 as an employee of Naima Investment Ltd.

  Findings of Facts Page 16

• Page 36 of 131

• Furthermore, Mr Tjandra did not meet the Class of Persons eligibility for Permanent
  Residency specified under Section 2(3) of the Migration Regulation (Chapter 16).

  Section 2 (3) states that an entry permit for long term residence may be granted to a person—

  (a) who has majority ownership of a business investment in a registered resident business for at
  least five years:-
  i. with funds totaling at least K2, 000,000.00; and
  ii. with funds in property investments with a net value of at least K 10,000,000.00 in Papua
  New Guinea as evidenced by certified documentation.
  (b) a person who is a skilled professional who is a medical doctor, specialist or educationist
  requiring tertiary level education qualifications and has worked in that professional field in
  Papua New Guinea for at least five years; or
  (c) . . . [Repealed]
  (d) a retired person over 55 years of age who has worked in Papua New Guinea for at least five
  years and has demonstrated access to income of not less than K50, 000 per annum to sustain
  himself; or
  (e) the legally married spouse of a citizen where the marriage still exists and has existed for at least
  five years who produces documentary evidence to that effect; or
  (f) a child aged more than 19 years of a citizen where the child is not a citizen, provided that the
  individual is working in a voluntary capacity at a community or social level,
  (g) a Chief Executive Officer of a company with a work force of at least 250 employees and an
  annual turnover of K10 million or more, where the company is registered and has been
  operating in Papua New Guinea for more than five years.
  (h) retired missionary or religious worker who has worked in Papua New Guinea for at least five
  years and has access to income of not less than K25, 000 per year or a guarantee of financial
  support from a registered religious organization or church, for the life of holder’s current
  foreign passport and may be valid for multiple entries.

  The PNG ICSA had improperly and negligently issued the PR Permit to Mr Joko Tjandra
  as his application was non-compliant with the requirements and should have been rejected.

  The then Minister for Foreign Affairs, Hon Ano Pala, MP had improperly and negligently
  exercised his power to exempt Mr Joko Tjandra from complying with the requirements for
  Permanent Residency stipulated under the Migration Act (Chapter16) and Migration
  Regulations (Chapter 16).

  The Minister failed to provide reasons for making the decision to exempt Mr Tjandra from
  complying with the requirements of the Migration Act.

  [2.13] APPLICATION FOR CITIZENSHIP BY NATURALIZATION

  On 11 October 2011, Mr Joko Tjandra lodged an application for Citizenship (the
  application) by Naturalization to the PNG ICSA. His application form was completed and
  signed on 06 April 2011.

  Findings of Facts Page 17

• Page 37 of 131

• Comments

  Section 6 (1) of Citizenship Act (Chapter 12) states that – An application for citizenship by
  naturalization under Section 67 of the Constitution shall be—

  (a) in the prescribed form; and
  (b) verified as prescribed; and
  (c) accompanied by the prescribed fee.
  (d) Where an application for citizenship by naturalization is refused, a prescribed portion of
  the prescribed fee shall be refunded to the applicant.

  Section 67(1) of the Constitution states that a person who has resided continuously in the country
  for at least eight years may apply to the Minister responsible for citizenship matters to be naturalized
  as a citizen, and the Minister may, if he is satisfied as to the matters referred to in Subsection (2), in his
  deliberate judgment (but subject to Division 4 (Citizenship Advisory Committee), grant or refuse the
  application.

  Subsection (2) states that – To be eligible for naturalization, a person must—
  (a) be of good character; and
  (b) intend to reside permanently in the country; and
  (c) unless prevented by physical or mental disability, speak and understand Pisin or Hiri
  Motu, or a vernacular of the country, sufficiently for normal conversational purposes;
  and
  (d) have a respect for the customs and cultures of the country; and
  (e) be unlikely to be or become a charge on public funds; and
  (f) have a reasonable knowledge and understanding of the rights, privileges, responsibilities
  and duties of citizenship; and
  (g) subject to Section 64, renounce, in such manner as is prescribed by or under an Act of the
  Parliament, any other citizenship and make the Declaration of Loyalty.

  The applicant, Mr Joko Tjandra began preparation for the application well in April 2011.
  Mr Tjandra’s application was lodged just two months after he was granted the PR Permit
  No: 99902087368 on 25 August 2011. The PR Permit had a Stay Period of 10 years.

  The application was lodged less than two years of residing in the country and two months
  into his PR Permit.

  According to the BMS records [refer Fact 2.3], the applicant Mr Joko Tjandra first entered
  PNG in February 2009 on an ABTC. He was then granted a Working Resident Permit in
  October 2010, which was valid for three years to October 2013. While his Working
  Resident Permit was still valid, the PNG ICSA granted him PR Permit No: 99902087368
  on 25 August 2011.

  [2.14] INTERPOL DATABASE CONFIRMATION

  Findings of Facts Page 18

• Page 38 of 131

• On 13 October 2011, Constable Davis A. Evari of RPNGC Interpol Konedobu provided
  Interpol Database information on Mr Joko Tjandra to the Acting CMO Joseph Nobetau
  upon his request.

  Hereunder is the extract of Constable Evari’s letter:

  Attention: Joseph Nobetau

  Dear Sir

  SUBJECT: CONFIRMATION OF TJANDRA SOEGIARTO ON IP DATABASE – DOB
  17.08.1950

  As requested by your Department for a name and travel document searches pertaining to
  the above subject search was done on the Interpol Data and results reveal that he is
  currently wanted by the Indonesian Police.

  He is wanted for the offences of Banking/Financial Fraud therefore NCD Jakarta had put
  the Subject on Red Notice meaning wherever he is caught, he shall be extradited to serve
  his term of two years imprisonment imposed by the Indonesian Supreme Court on 11 June
  2009 Ref#PK/PID.SUS/2009.

  Additionally, he is believed to have stolen a travel document namely a Passport
  No.P80688 belonging to a Citizen of Azerbaijan since this particular passport number was
  reported Lost/Stolen on the Interpol Data by NCB Baku, Azerbaijan 11th March 2006.

  Attached, please find the printouts from the IP Database for your documentation should
  you need for further action.

  Kind regards,
  Davis A. Evari

  Comments

  This letter confirms that the RPNGC Interpol Konedobu were aware of the Interpol Red
  Notice on Mr Joko Tjandra [Fact 2.8].

  This Red Notice was brought to the attention of PNG ICSA during the time when Mr Joko
  Tjandra was into his Permanent Resident Permit.

  Findings of Facts Page 19

• Page 39 of 131

• [2.15] REQUEST FOR SECURITY CLEARANCE/CHARACTER
  CHECKS

  On 4 November 2011, the then Acting CMO Mr Joseph Nobetau wrote to Mr Toami
  Kulunga the then Acting Commissioner of Police (COP), RPNGC requesting for police
  clearance reports for three Vietnamese refugees and an Indonesian (Joko Soegiarto
  Tjandra) who had applied for Papua New Guinea Citizenship by Naturalization. The same
  request was made to Mr R Nenta the then Director General of National Intelligence
  Organization (NIO).

  [2.16] SECURITY CLEARANCE/CHARACTER CHECKS BY NCRO
  AND INTERPOL

  On 1 December 2011, Acting Chief Sergeant Kasa Wumber, Acting OIC NCRO and
  Interpol informed the Citizenship Secretariat that there were adverse records against the
  applicant’s (Joko Soegiarto Tjandra) name. Hereunder is the extract of his advice:

  Re: Security Clearance for Citizenship by Naturalization Applicants – Nguyan Joseph
  Thanh Tan, Dinh Van Rau Joseph, Tong Phuong Hung Joseph, Joko Soegiarto
  Tjandra

  Records at this office revealed that three of the named subjects as per list attached has not
  come under adverse Police notices here and there are no criminal convictions recorded
  against them except for JOKO SOEGIARTO TJANDRA.

  JOKO SOEGIARTO TJANDRA dob: 27.08.1951 pob: Sanggau West Kalimantan Barat,
  Indonesia, is most probably identical to Joko Soegiarto Tjandra who has been arrested for
  Banking/Financial Fraud on 11.6.2009. He was sentenced to two (2) years imprisonment
  by Indonesia Supreme Court. However he is currently on the run and is on the Interpol red
  notice and is currently wanted by the Jakarta Police. Furthermore, he is believed to be in
  possession of a Stolen Azerbaijan Passport number: P806888 as reported stolen on
  24.6.2005 by NCB Baku (Interpol).

  Please do not hesitate to contact us if you do require further assistance.

  Yours sincerely

  Acting Chief Sergeant Kasa Wumber
  Acting Officer In Charge
  National Criminal Records/Interpol

  Findings of Facts Page 20

• Page 40 of 131

• Comments

  This letter was in response to the then Acting CMO Joseph Nobetau’s request of 4
  November 2011. Acting Chief Sergeant Kasa Wumber’s letter confirmed the Interpol Red
  Notice Alert of 7 July 2010 [Fact 2.8] and Constable Davis A. Evari’s letter of 13 October
  2011 [Fact 2.14]. This is the second time this information on Interpol Red Notice was
  conveyed to the PNG ICSA.

  On 19 September 2014, Acting Chief Sergeant CS Kasa Wumber gave evidence on Oath to
  the Commission. He stated that the security and character reference provided by his office
  to the CAC was sufficient. The CAC and the Minister failed to consider the adverse
  records provided on Mr Joko Tjandra.

  [2.17] SECURITY/CHARACTER CHECKS – NIO

  On 7 December 2011, Mr R Nenta, the then Director General of NIO advised the CAC that
  NIO’s international sources informed that the applicant (Joko Soegiarto Tjandra) was
  wanted by Jakarta Police for offences committed in Indonesia around 2009. Hereunder is
  the extract of Mr Nenta’s letter:

  SUBJECT: SECURITY VETTING RESULTS FOR MR. JOKO SOEGIARTO TJANDRA

  This is to advise that the National Intelligence Organization (NIO) has conducted security
  clearance on JOKO SOEGIARTO TJANDRA, an Indonesian national who has applied for
  Papua New Guinea citizenship by naturalization and declare that the applicant has
  adverse security records.

  The NIO has been advised by our international sources that applicant (JOKO
  SOEGIARTO TJANDRA) is currently wanted by Jakarta Police for offences committed in
  Indonesia around 2009.

  Please find attached documents from Interpol.
  Therefore, NIO recommends that the Immigration and Citizen office does not consider this
  individual person‘s application for PNG Citizenship by Naturalization.

  Yours sincerely
  R. Nenta, OBE, QPM
  Director General – NIO

  Findings of Facts Page 21

• Page 41 of 131

• Comments

  Mr Gary Baki, Director General of NIO gave evidence on Oath to the Commission on 8
  September 2014. He stated that the security and character reference provided by his
  predecessor was sufficient to assist the CAC make its decision Mr Joko Tjandra’s
  application for Citizenship.

  [2.18] CERTIFICATE OF CITIZENSHIP

  A Certificate of Citizenship for Mr Joko Soegiarto Tjandra dated 12 February 2012 was
  printed and signed by the then Minister for Foreign Affairs, Hon Ano Pala, MP on 16 May
  2012.

  Comments

  A copy of this Certificate was tendered to the Ministerial Committee of Review (COR)
  during the review on the cancellation of Mr Joko Tjandra alias Joe Chan’s second PNG
  passport.

  The CMO Mr Mataio Rabura advised the Commission that there was a printing error that
  the date on the printer was not changed before printing the Certificate.

  The CMO Mr Rabura was negligent in his duty when he carelessly provided a copy of
  certificate with incorrect date to the Ministerial COR.

  [2.19]CITIZENSHIP APPLICATION FEE

  On 8 March 2012, K10, 000.00 was paid at the Department of Finance at Vulupindi House
  being Citizenship Application fee. Official Receipt No: R00000107095 was submitted to
  PNG ICSA together with copies of his Indonesian Passport bio-data.

  [2.20] LETTER OF REFERENCE – AMBASSADOR PETER ILAU

  On 9 April 2012, Commodore (Retd) Peter Ilau, DMS CBE Ambassador to Indonesia
  wrote to Ambassador Lucy B Bogari ISO, the then Acting Secretary for Department of
  Foreign Affairs and Trade. The letter reads:
  9 April 2012
  Ambassador Lucy B Bogari ISO
  Acting Secretary
  Department of Foreign Affairs & Trade
  P O Box 422
  WAIGANI NCD
  Papua New Guinea

  Findings of Facts Page 22

• Page 42 of 131

• Dear Acting Secretary Bogari

  Subject: LETTER OF REFERENCE – IHZA & IHZA LAW FIRM

  This cover letter is forwarded following your advice by telephone on Thursday afternoon, 5
  April 2012, with regard to the enclosed ‗Letter of Reference‖ (LOR), which was delivered
  to me on Friday morning at 9.00am by Mr Andi Soejanto, a Director of Naima Group of
  Companies. The letter of reference as it appears in its entirety is a legal reference for a
  Mr. Joko Soegiarto Tjandra, or JST as referred to in the LOR.

  My Embassy files do not provide any formal background information on the matter
  relating to JST apart from what is now been provided in the LOR. Numerous sources I
  consulted in the brief period have only speculated based on ongoing rumors or gossip.
  Personally, I have been informally made aware of issues of alleged tax evasion issues,
  which in fact are not mentioned in the LOR.

  In short, this matter occurred in 1999 during the old government system as left by the
  Suharto regime. Legal cases referring were well and truly over by 2001 and it appears
  that the matter was fully acquitted in favor of JST. The Republic of Indonesia (RI) became
  fully-fledged Democratic Nation in 2004. The case under the new system was reopened in
  2009 as a result of concerns raised by the political community then. This in my brief view
  may be part and partial of the current whole of government anti-corruption drive in
  Republic of Indonesia to address systematic corruption and eradicate it from its public
  systems and processes.

  My scanty conclusion of this matter is that it is still very much delicate internal political
  controversy that needs to be reviewed and solved properly, remembering also as their
  National Elections draws near towards 2014. The LOR hereby advises accordingly.
  Another concluding observation is that the ongoing aggressive investigations and frequent
  arrest of prominent leaders and citizens may also be drawing feeling of reprisal leveled
  against certain sections of the political community.

  Finally, it is the prerogative of the PNG Government as to how it wishes to deal with JST
  as long as it is aware of the possible implications it may have against our bilateral
  relations.

  Yours sincerely
  COMMODORE (RETD.) PETER ILAU, DMS CBE
  Ambassador

  Encl/…Letter of Reference IHZA & IHZA Dated 05 April 2012.

  Findings of Facts Page 23

• Page 43 of 131

• [2.21] CITIZENSHIP ADVISORY COMMITTEE

  The Citizenship Advisory Committee (CAC) comprised of Hon Matthew Poia as the
  Chairman, Hon Jack Cameron, MP as a Permanent Member, Dr Lawrence Kalinoe,
  Secretary for Department of Justice & Attorney General (DJAG) as a Permanent Member
  and Mr Mataio Rabura, Acting Chief Migration Officer as a Permanent Member.

  Comments

  Section 10 of the Citizenship Act (Chapter 12) provides for the establishment of the
  Citizenship Advisory Committee (CAC). Subsection (3) states that the four permanent
  members of the Citizenship Advisory Committee shall be appointed by the Head of State,
  acting on advice given after consultation with the Permanent Parliamentary Committee
  with special functions in relation to citizenship matters.

  [2.22] CAC MEETING

  On 23 April 2012, the CAC met and deliberated on Mr Joko Soegiarto Tjandra’s
  application for Citizenship by Naturalization.

  Also present in the meeting were Mrs Delilah So’osane, Director Passport & Citizenship
  Branch, Mr Clarence Parisau, Assistant Director Citizenship from the Citizenship
  Secretariat and Mr Uvenama Roiva, Ad-hoc Member for Central Province. The fourth
  member of the Committee, Hon Jack Cameron, MP was not present at that time.

  [2.23] CAC RECOMMENDATION

  On 23 April 2012, the CAC after its deliberation on Mr Joko Tjandra’s application, made
  the following recommendations:

  Hon Matthew Poia, Chairman of CAC: Recommended
  The Chairman, Hon Matthew Poia recommended him for citizenship based on his
  enthusiasm in bringing tangible development to the country. From the government
  perspective his investment plans would definitely bring along enormous
  development to Central Province;

  Mataio Rabura ISO, Permanent Member: Deferred

  Mr Rabura recommended for his application to be deferred until the clearance
  letter is obtained from Jakarta. Allegations currently against him will have to be
  cleared before a decision is made.

  Findings of Facts Page 24

• Page 44 of 131

• Dr Lawrence Kalinoe, Permanent Member: Rejected

  Dr Kalinoe rejected this application based on his failure to meet the constitutional
  requirements set out in Section 67 Subsection 2 (a), (b),(c),(d) and( f). He affirmed
  that he failed 5/7 compulsory requirements. Official evidence publicly available on
  his adverse characters. NIO recommended have to be respected, he is a global
  business man and does not intend to reside permanently in PNG.

  Comments

  Section 13 (2) (a), (b) of the Citizenship Act (Chapter 12) requires for majority decision by
  the CAC to assist the Minister responsible make the final decision. It is noted that the CAC
  did not reach a majority decision during the meeting. The CAC had different views
  therefore did not reach a decision.

  The Chairman, Hon Matthew Poia, recommended for the granting of Citizenship based on
  Mr Tjandra’s enthusiasm in bringing tangible development to the country.
  CMO Mr Rabura deferred his decision pending receipt of the clearance letter from Jakarta.

  Dr Kalinoe rejected the application based on Mr Tjandra’s failure to meet the
  constitutional requirements set out in Section 67 (2) (a), (b), (c), (d) and (f) of the
  Constitution.

  The CAC Chairman Hon Matthew Poia, MP and CMO Mr Rabura deliberately disregarded
  and ignored the constitutional requirements that the applicant, Mr Joko Tjandra did not
  meet Constitutional requirements stipulated under Section 67(2) of the Constitution.

  Section 67 (2) of the Constitution requires the applicant to be of good character. The NIO
  and the RPNGC Interpol and NCRO which are responsible for the national security and
  intelligence issues however reported that the applicant had adverse records against his
  name. This being a constitutional requirement, the CAC should have made a conclusive
  recommendation.

  Mr Joko Tjandra stated during an interview with the CAC that he did not speak and
  understand much pidgin, thus failed to meet another mandatory requirement. Mr Joko
  Tjandra had not resided permanently in the country; therefore he did not meet all the
  eligibility requirements for Citizenship by Naturalization.

  [2.24] RECIEPT OF AMBASSADOR PETER ILAU’S LETTER

  On 24 April 2012, Acting CMO Mr Mataio Rabura received a copy of a letter of Reference
  dated 9th April 2012 [Fact 2.20] from Commodore (Retd) Peter Ilau, DMS CBE

  Findings of Facts Page 25

• Page 45 of 131

• Ambassador to Indonesia addressed to Ambassador Lucy B Bogari ISO, the then Acting
  Secretary for Foreign Affairs and Trade.

  [2.25] RECOMMENDATION BY ACTING CMO RABURA

  On 25 April 2012, the Acting CMO Mr Rabura wrote to the Chairman of CAC, Hon
  Matthew Poia, MP giving his support for the CAC to recommend the grant of Citizenship
  by Naturalization to Mr Joko Tjandra. The letter reads –

  Hon Matthew Poia, MP 25 April 2012
  Chairman
  Citizenship Advisory Committee
  National Parliament House
  WAIGANI
  Papua New Guinea

  Dear Chairman

  Subject: Application for Citizenship by Naturalization – Joko Tjandra

  I wish to update you on a follow-up I undertook following Mr Tjandra‘s statement during
  the interview by the Citizenship Advisory Committee on Monday 23 April 2012 that a letter
  confirming his acquittal around June 2009 would be forthcoming.

  My recommendation to the Committee was for it to defer making a final recommendation
  to the Minister for Foreign Affairs and Immigration until after that letter had been
  received.

  Having the privilege of seeing the letter and comments by Ambassador Ilau, I am
  convinced that Mr Joko Tjandra is eligible for Citizenship. Ambassador Ilau says the
  allegations are political rather than criminal.

  As stated during the CAC meeting, why should PNG risk billions of dollars of investment
  because of an alleged crime, supposedly not recognized by the Singapore Government
  thereby permitting him to reside there for four years? I believe we would be foolish not to
  welcome such large investment by Mr Tjandra.

  In summary, whilst I recommended deferment of a decision by CAC, I wish to place on
  record my support for the CAC to recommend the grant of Citizenship by Naturalization to
  Mr Joko Tjandra.

  Yours Sincerely

  Mataio Rabura ISO

  Findings of Facts Page 26

• Page 46 of 131

• Acting Chief Migration Officer.
  Cc: Dr Lawrence Kalinoe, Secretary, Department of Justice and Attorney General
  : CAC Secretariat, PNG ICS, WAIGANI

  [2.26] LETTER BY CAC CHAIRMAN TO THE MINISTER

  On 26 April 2012, the CAC Chairman, Hon Matthew Poia, MP wrote to Hon Ano Pala,
  MP Minister for Foreign Affairs and Immigration at that time advising him of the CAC
  Special Meeting held on Monday 23 April 2013 when Joko Soegiarto Tjandra’s application
  was deliberated on. The letter reads;

  Hon Ano Pala, MP 26 April 2012
  Minister for Foreign Affairs & Immigration
  PO Box 42
  Level 2 Somare Foundation Building
  WAIGANI
  National Capital District

  My dear Minister,

  Subject: REPORT OF THE SECOND CITIZENSHIP ADVISORY COMMITTEE

  It is my pleasure to advice you that the citizenship Advisory Committee held a special
  hearing on Monday the 23rd April at the PNG ICS Room and deliberated on Mr Joko
  Soegiarto Tjandra application.
  I presided at this hearing with my counter parts Dr Lawrence Kalinoe the
  Secretary for the Department of Justice and Attorney General and Mr Mataio Rabura, the
  Acting Chief Migration Officer. The Deputy Chairman Hon Jack Cameron was unable to
  attend the hearing as he was in his Electorate.
  Mr Joko Soegiarto was thoroughly interviewed and each of us made our own
  recommendations based on individual observations in line with the constitutional
  requirement under section 67.
  I personally recommended for him for citizenship despite the adverse official
  character records. The reason being that unlike most foreigners, applying for citizenship,
  who come here to make money, this man has already made his money and he is bringing it
  into the country to help develop the country and improve its economy. Dr. Lawrence
  Kalinoe rejected the application outright based on the fact that his character was not
  suitable to be considered for PNG Citizenship as he was described as a wanted criminal
  and fugitive.
  Mr Rabura however, recommended deferring the application pending an official
  letter from Indonesia clearing his name on the allegations against him. I am satisfied
  beyond all reasonable doubt that the allegations leveled against Mr Joko Sergiarto has

  Findings of Facts Page 27

• Page 47 of 131

• been of Political nature rather than criminal as referred to in the attached report from
  Commodore Peter Ilau, our Ambassador to Indonesia.
  Enclosed herewith are the reports presented to the committee and the meeting
  minutes for your perusal. It is your discretion to make the final decision on this particular
  application after you consider all the information presented to the committee.
  It is my view that the concerns raised by Dr Kalinoe have been sufficiently
  addressed by the report from Peter Ilau and the interview records by Mr Uve Roma, ad
  hoc member for Central Province. Mr Mataio Rabura after studying the document from
  Commodore Ilau also clarified his position and supported the application.
  Hon Minister, while you have the authority to make the final decision on this
  matter, I urge you to consider all information the committee considered which you have
  the benefits of, but you should also consider the information provided through the official
  channels, which the committee did not have the benefit of, especially Commodore Ilau‘s
  report, to help you come to the final decision.

  Yours sincerely,

  Hon Matthew Poia, MP
  CAC Chairman and Member for Goilala

  Comments

  Section 67 (1) of the Constitution states that a person who has resided continuously in the
  country for at least eight years may apply to the Minister responsible for citizenship
  matters to be naturalized as a citizen, and the Minister may, if he is satisfied as to the
  matters referred to in Subsection (2), in his deliberate judgment (but subject to Division 4
  (Citizenship Advisory Committee), grant or refuse the application.

  The above constitutional provision was not considered by the Chairman in his letter to the
  Minister for consideration. Mr Joko Tjandra had not resided in the country for at least eight
  years and therefore was not eligible to apply for citizenship.

  The Chairman’s recommendations was based more on the applicant’s financial and
  business capabilities, and not guided by the laws governing the granting of citizenship by
  naturalization.

  The Chairman failed to provide any evidence on whether the major information on whether
  the major part of the investment and business interests of the applicant are and have been
  in the country pursuant to Section 68(2)(c) of the Constitution

  Eligibility requirements for citizenship by naturalization stipulated under Section 67 (2) of
  the Constitution does not make mention about the applicant’s financial or business
  capabilities.

  Findings of Facts Page 28

• Page 48 of 131

• The report from Ambassador Commodore Peter Ilau, clearly stated that the Embassy did
  not have any formal background information on Mr Joko Tjandra. However the CMO Mr
  Rabura used the letter as a basis to support the granting of Citizenship to Mr Tjandra.

  Findings of Facts Page 29

• Page 49 of 131

• [2.27] PERMANENT RESIDENT PERMIT NO: 9902098071

  On 27 April 2012, Mr Joko Tjandra lodged another application for Permanent Resident
  Permit. The application was checked, processed and registered on the BMS by Officer
  Clive Girei and Officer Jessy Rumb-Powi to make a decision.

  The BMS log had the following comments:

  1 CHECK REQUIREMENTS:-
  ALL REQ MET

  2 RECOMMENDATION:-
  Recommend to Approve. OK FOR APPROVAL VISA TO BE ISSUED IN
  LINE WITH THE VALIDITY OF PASSPORT

  3 DECISION MAKING:-
  APPROVED

  On the same day (27 April 2012), Mr Joko Tjandra was issued PR Permit No: 9902098071.
  The permit was issued against the validity of his Indonesian Passport No: A0932380.

  This Permit entitled the holder to enter and stay in PNG until 29 December 2016. The
  details of the Permit are as follows:

  Permit Number : 9902098071
  Permit Type : Permanent
  Permit Class : CEO
  Issue Date : 27 April 2012
  Expiry Date : 29 December 2016
  Stay Period : 10 years
  Position Number :
  Work Permit Number :
  Work Permit Expiry :
  Work Sponsor : Naima Investment LTD
  Passport Number : A0932380
  Names : Joko Soegiarto Tjandra

  Issuing Officer : Liza-Ann (HQ) Gabina
  Issuing Post : Port Moresby

  Findings of Facts Page 30

• Page 50 of 131

• Comments

  Ms Liza-Ann Gabina, Manager Extension, APEC and PR when interviewed by the
  Commission under Oath on 19 August 2014 clarified that PR Permit No: 9902098071 was
  not a new permit. It was an extension of PR No: 99902087368 issued on 25 August 2011,
  which was to expire on 25 July 2012.

  Mr Joko Tjandra was already a holder of PR Permit No: 99902087368 which had a stay
  period of 10 years. There was no need to grant an extension.

  [2.28] APPROVAL TO GRANT PNG CITIZENSHIP

  On 29 April 2012, Minister for Foreign Affairs and Immigration Hon Ano Pala’s hand note
  instruction on Hon Matthew Poia’s letter of 26 April 2013 reads:

  ―MATAIO RABURA (underlined) The recommendation approved. Please
  proceed with citizenship formalities – signed – 29/4/12.‖

  On 30 April 2012, CMO Mataio Rabura’s hand note/instruction states:

  ―(Dir (P&T) (underlined) See comments from Minister Approving Citizenship to
  Mr Tjandra. Action as directed – signed -30/4/12.”

  Comments

  The then Minister Ano Pala granted approval to proceed with citizenship formalities on the
  CAC Chairman, Hon Matthew Poia’s letter of 26 April 2013 [Fact 2.26], which did not
  contain any recommendation. The Minister was asked by the CAC Chairman to consider
  all information the committee considered. It appears that the Minister failed to consider
  this information.

  On 6 October 2015, Hon Ano Pala was interviewed under Oath by the Commission and
  was asked to comment on his decision in approving and granting of Citizenship to Mr Joko
  Tjandra.

  He response was: ―I was satisfied that all the requirements were met and that all processes
  were completed. I considered the application on humanitarian grounds. I thought great in-
  justice was done to Mr Joko Tjandra in his own country. I made the tough decision to
  demonstrate that we as a country can also save a person who has not been treated well in
  his own country‖.

  Hon Minister Ano Pala further stated that ―he (Joko Tjandra) had other commercial
  interests which were in the interest of the public. Mr Joko Tjandra was negotiating the

  Findings of Facts Page 31

• Page 51 of 131

• Mekeo Rice Project with the then Minister for Agriculture, Sir Puka Temu and he wanted
  to put in K5 billion for the Rice Project. He took the risk and approved Mr Joko Tjandra’s
  application as the applicant was coming into the country to contribute to the development
  of this country‖.

  He stated that he exercised his powers after all the processes were complied with and he
  expanded his authority whether it was right or wrong. Being the Minister he had the Power
  to make that decision.

  Section 68(2)(c) of the Constitution requires the applicant to state whether the major part
  of the investment and business interests of the applicant are and have been in the country.
  There was no evidence of Joko Tjandra’s investment and business interest provided to the
  CAC.

  [2.29] PNG PASSPORT APPLICATION

  Mr Joko Tjandra’s Passport application dated 1 May 2012 was endorsed by Mr Donald
  Foo, purportedly a Lawyer of P.O. Box 1632 Boroko, NCD, telephone number 3231220 or
  72806551 or 67921201 and lodged with the PNG ICSA.

  Comments

  Mr Joko Tjandra did not provide any evidence of citizenship with his application at the
  time of applying for PNG Passport. His Certificate of Citizenship was signed by the then
  Minister for Foreign Affairs and Immigration Hon. Ano Pala, MP on 16 May 2012.

  Section 2 of the Passports Act (Chapter 17) (the Act) defines “applicant” as an applicant
  for a Papua New Guinea passport, certificate of identity or other document of identity.

  Section 3 of the Act specifies that a Papua New Guinea passport shall be issued in the
  name of the Government of Papua New Guinea. Section 4 (1) states that an application
  for, or for a renewal of, a Papua New Guinea passport, certificate of identity or other
  document of identity, shall—

  (a) be in such form as approved by the Minister; and
  (b) be accompanied by the prescribed fees; and
  (c) include any other matters or particulars as may be required by the Minister.
  Subsection (2) states that where an application is for a Papua New Guinea passport
  the application shall, in addition to the requirements under Subsection (1) —

  (a) be witnessed by an approved person; and
  (b) be accompanied by such matters as are prescribed.

  Findings of Facts Page 32

• Page 52 of 131

• Section 9 of the Act states that for the issue of certificates of identity, etc., to citizens. The
  Minister or an officer authorized by the Minister may issue to a citizen a certificate of
  identity or other document of identity for travel purposes in such form as the Minister
  approves.

  The passport application instruction 6 requires EVIDENCE OF CITIZENSHIP which
  states that the application should be accompanied by evidence of citizenship, birth
  certificate or citizenship certificate, and in the case of married women their marriage
  certificate. Mr Joko Tjandra failed to provide ―Evidence of Citizenship‖.

  [2.30] RENUNCIATION OF FOREIGN CITIZENSHIP

  On 3 May 2012, Mr Joko Tjandra renounced his Foreign Citizenship and declared his
  loyalty before the Provincial Magistrate for Central District Court.

  [2.31] PNG PASSPORT NO: B 328500

  On 4 May 2012, Mr Joko Tjandra was issued his first PNG Passport No: B 328500. The
  validity of the passport is for five years. The bio-data on the passport has the following
  information:

  Passport Date Expiry Date of
  # Name Nationality
  No. issued Date Birth
  Joko Soegiarto
  1 B 328500 PNG 04/05/2012 04/05/2017 27/08/1951
  Tjandra

  Comments

  As per comments on [Fact 2.29], the instruction on the passport application requires the
  applicant to provide evidence of citizenship.

  Mr Joko Tjandra did not provide any evidence of citizenship at the time of issuance of the
  passport. His Certificate of Citizenship was signed by the Minister on 16 May 2012. The
  passport was issued 12 days prior to the Minister signing the Certificate of Citizenship.

  It appears that the CMO Mr Rabura and Director Passport of PNG ICSA were negligent in
  their duty and had unlawfully issued a PNG Passport to Mr Joko Tjandra.

  [2.32] 2ND PASSPORT APPLICATION, CHANGE OF NAME AND
  DATE OF BIRTH

  Findings of Facts Page 33

• Page 53 of 131

• Passport Application dated 7 May 2012 for Joe Chan was again endorsed by Mr Donald
  Foo, a Lawyer of P.O. Box 1632 Boroko, NCD telephone number 3231220 or 72806551 or
  67921201 and lodged with the PNG ICSA.

  The application was lodged together with a Statutory Declaration and a Deed Poll to
  renounce his name and adopt the name Joe Chan and change of date of birth. Extracts of
  the Statutory Declaration states:

  I, JOKO SOEGIARTO TJANDRA of PO Box 2261 Boroko, National Capital
  District hereby agree that I renounce my name herein mentioned as JOKO
  SOEGIARTO TJANDRA and now adopt the name JOE CHAN as the name to be
  used for all purposes of private use as well as for official and business use in any
  transaction I undertake.

  I also do solemnly and sincerely declare that I was born on the 27 of September
  1963.
  Declare on 7 May 2012; Before DONALD FOO LLB UPNG – COMMISSIONER
  FOR OATHS

  The Deed Poll states:

  I, JOKO SOEGIARTO TJANDRA of PO Box 2261 Boroko, National Capital
  District hereby agree that I renounce my name herein mentioned as JOKO
  SOEGIARTO TJANDRA and now adopt the name JOE CHAN as the name to be
  used for all purposes of private use as well as for official and business use in any
  transaction I undertake.

  I also do solemnly and sincerely declare that I was born on the 27 of September
  1963.
  Deed Poll dated 7th May 2012; Before DONALD FOO LLB UPNG –
  COMMISSIONER FOR OATHS

  Comments

  Mr Joko Tjandra lodged another Passport Application dated 7 May 2012 under his new
  name of Joe Chan, three days after he was issued his first PNG Passport [Fact 2.31].

  Section 5 (2) of the Passport Act (Chapter 17) states that a Papua New Guinea passport (
  a) shall be issued for such period; and (b) may, subject to Section 8, be renewed for such
  further periods, as determined by the Minister or authorized officer.

  Mr Joko Tjandra was already a holder of a valid PNG Passport No: B 328500 issued on 4
  May 2012 and which will expire on 4 May 2017. He therefore did not have any reasonable

  Findings of Facts Page 34

• Page 54 of 131

• ground to apply to renew his passport. Renewal of a passport can be done only after the
  passport expires, pages are full or the passport is lost or destroyed.

  Mr Joko Tjandra provided false and misleading information which was declared and
  signed before Mr Donald Foo, Lawyer and Commissioner for Oath. Mr Donald Foo had
  assisted Mr Joko Tjandra to apply for a new passport under a different name and alteration
  of the date of birth without any lawful basis.

  Donald Foo’s conduct is in breach of the Oaths, Affirmations and Statutory
  Declarations Act (Chapter No. 317).

  Section 13 of the Application for a Passport has this warning that ‗Persons who, in support
  of an applicant for a passport, make any false statements either orally or in writing render
  themselves liable to a fine of K400.00 or imprisonment for six months‘.

  [2.33] CERTIFICATE OF CITIZENSHIP BY NATURALIZATION

  On 16 May 2012, the then Minister for Foreign Affairs and Immigration, Hon Ano Pala,
  MP signed the Certificate of Citizenship by Naturalization for Mr Joko Soegiarto Tjandra
  which was approved on 29 April 2012.

  On the same day, the Minister signed another copy of Certificate for Citizenship by
  Naturalization for Mr Joko Soegiarto Tjandra which was approved on 20 February 2012.
  This copy was tendered by the CMO to the Ministerial Committee of Review during the
  review of Minister Pato’s decision to cancel Mr Joe Chan’s passport.

  Comments

  CMO Mr Mataio Rabura stated during the interview with the Commission date 21 May
  2014 that there was a printing error when the Certificate dated 20 February 2012 was
  printed. Evidence shows there were two different copies of the Certificates of Citizenship
  for Mr Joko Tjandra.

  [2.34] MR RABURA’S ENDORSEMENT

  On 7 June 2012, CMO Mr Mataio Rabura wrote a Minute to the Director (Passport and
  Citizenship) issuing an instruction to proceed and issue a new PNG Passport under new
  name, Joe Chan. Extract of the CMO’s minute:

  To : Director (Passports & Citizenship)
  Date : 07 June 2012
  Subject: Change of Name – Joko Tjandra to Joe Chan

  Findings of Facts Page 35

• Page 55 of 131

• 1. I refer to Application for new Passport lodged by Mr Joko Tjandra who has
  also lodged appropriate documents; statutory declaration and Deed Poll
  for change to his name.
  2. I have consulted our Legal Advisor, Akuila Samson who has advised that
  the two Statutory Documents which he has submitted are in order and
  sufficient for us to proceed and issue a new PNG Passport under his new
  name.
  3. Accordingly, you are to proceed and issue a new PNG Passport under his
  new name, Joe Chan.

  4. For your information and records.

  Mataio Rabura ISO
  Chief Migration Officer
  Cc: Hon Ano Pala, CMG, MP, Minister for Foreign Affairs and Immigration

  Comments

  Section 5 of the Passports Act (the Act) clearly states that a new passport can be issued for
  such period; and may, be renewed for such further periods, as determined by the Minister
  or authorized officer. In this case, Mr Joko Tjandra’s PNG Passport B: 328500 was still
  valid. He therefore did not have any reasonable or lawful ground to apply for a new
  passport.

  Section 8 of the Act states that the Minister or an officer authorized by the Minister may,
  from time to time, renew a Papua New Guinea passport and a Papua New Guinea passport
  shall not be renewed if the space on it for entry permits is exhausted.

  The above provisions did not mention anything about change of name as a valid reason to
  issue a new passport to Mr Joko Tjandra under a new name of Joe Chan. Furthermore, the
  Citizenship by Naturalization was granted to Mr Joko Soegiarto Tjandra and not Joe Chan.
  Therefore, Joe Chan was unlawfully issued a PNG passport.

  The actions of the Legal Advisor Akuila Samson and the CMO Rabura in supporting the
  false information provided is contrary to Sections 5, 8, and 16 of the Passports Act and
  Section 13 of the Passport Application Form. More so, the conduct is in breach of the
  Oaths, Affirmations and Statutory Declarations Act (Chapter No. 317).

  Section 16 of the Passports Act states that a person who—
  (a) for the purpose of obtaining a Papua New Guinea passport, a certificate of identity or other
  document of identity; or
  (b) in support of an application for or for renewal of, a Papua New Guinea passport, a certificate
  of identity or other document of identity for any other person, makes a false or misleading
  statement, whether orally or in writing, is guilty of an offence.

  Findings of Facts Page 36

• Page 56 of 131

• Penalty – A fine not exceeding K10, 000.00 or imprisonment for a term not exceeding six months
  or both.

  Findings of Facts Page 37

• Page 57 of 131

• Comments in respect of Mr Aquila Sampson‟s response

  Mr Aquila Sampson‘s response to the Provisional Report is set out at [7.4] and the
  Commission‘s comments are:

  1. Mr Sampson categorically denied having any knowledge of the alleged consultation
  referred to by CMO Rabura in the Memo of the 07 June 2012.

  He further denied having received any instruction from CMO Rabura regarding the
  legality or otherwise of Joko Tjandra‘s two statutory declarations on the change of
  name.

  2. That CMO Mr Mataio Rabura had improperly and unlawfully assisted and facilitated
  the issue of a new PNG Passport to Joko Tjandra under new name of Joe Chan when
  he provided false and misleading information to the Director Passport. Mr Rabura‘s
  conduct therefore is fraudulent in nature.

  3. Mr Rabura was requested under the Section 18(1)&(3) of OLOC to provide all
  information and documents regarding the matter under investigation, however he
  failed to provide any information relating to the legal advice on the change of name.

  4. Mr Tjandra‘s PNG Passport under the name of Joe Chan was unlawfully issued based
  on false information and therefore should be cancelled.

  [2.35] PNG PASSPORT NO: B330971

  On 07 June 2012, Mr Joko Tjandra was issued his second PNG Passport No: B 330971,
  under his new adopted name Joe Chan and with a new date of birth as 27 September 1963.
  The passport will expire on 07 June 2017.

  Comments

  The table below shows the details of the Passports.

  Passport Date Expiry Date of
  # Name Nationality
  No. issued Date Birth
  Joko Soegiarto
  1 B 328500 PNG 04/05/2012 04/05/2017 27/08/1951
  Tjandra

  2 Joe Chan B 330971 PNG 07/06/2012 07/06/2017 27/09/1963

  The Citizenship by Naturalization was granted to Mr Joko Soegiarto Tjandra and not Mr
  Joe Chan. The PNG ICSA had negligently and unlawfully issued a PNG Passport to Mr
  Joe Chan who did not provide any evidence of citizenship with his passport application.

  Findings of Facts Page 38

• Page 58 of 131

• [2.36] POLICE CLEARANCE CERTIFICATE

  On 28 August 2012, National Crime Records Office (NCRO) issued a Police Clearance
  Certificate for Mr Joe Chan for the purpose of his application for APEC Business Travel
  Card. The Certificate issued stated that a search of records maintained by the RPNGC
  reveals nothing to the detriment of the person named. Hereunder is an extract of the
  Clearance Certificate:

  Name: Joe Chan
  Date of Birth: 27.09.1963
  Place of Birth: Sanggau Indo
  Place of Origin: Sanggau Indo, Lae Morobe Province
  Passport Number: Nil
  Citizenship: Papua New Guinea

  Comments

  The RPNGC NCRO records revealed nothing to the detriment of Mr Joe Chan when they
  conducted a Police Clearance search on him. Had RPNGC conducted a thorough check,
  they would have noted that Mr Joe Chan is also known as Mr Joko Tjandra whom the
  NCRO and Interpol Konedobu already had adverse records against his name.

  Mr Joko Tjandra had intentionally changed his name and date of birth on his second PNG
  Passport to conceal the adverse records against his name. NCRO did not pick that up when
  they conducted character checks on Mr Joe Chan. The PNG ICSA had assisted Mr Joe
  Chan when they negligently and unlawfully issued him a new passport under Mr Joe Chan.

  The NCRO was also negligent in their duty when they issued a Police Clearance
  Certificate for Joe Chan with false or misleading information such as referring to Joe
  Chan’s place of origin as Sanggau, Indo, Morobe Province. Sanggau is in Indonesia and
  not in Morobe Province, PNG.

  [2.37] LETTER BY CHIEF SECRETARY TO GOVERNMENT

  On 23 January 2013, the Chief Secretary to Government, Mr Manasupe Zurenuoc, OBE,
  wrote to Hon Rimbink Pato, OBE, LLB, MP and Minister for Foreign Affairs informing
  him that Mr Joko Tjandra’s PNG Citizenship was granted under questionable
  circumstances.

  Findings of Facts Page 39

• Page 59 of 131

• Hon Rimbink Pato, OBE LLB MP 23 January 2013
  Minister for Foreign Affairs and Immigration
  Office of the Minister
  PO Box 422
  WAIGANI 131
  National Capital District

  Dear Minister

  Re: PNG PASSPORT NUMBER B330971 – MR JOE CHAN

  As you may be aware, Mr Djoko Tjandra was recently granted PNG citizenship under
  questionable circumstances. Using his new citizenship, Mr Tjandra obtained a PNG
  passport. Mr Tjandra then submitted documents alleging a change of name and he has
  now been issued with a new PNG passport (number B330971) in the name of Joe Chan.
  He has now used this passport to obtain visa to Taiwan and Japan.
  Mr Tjandra is currently wanted by Indonesian authorities and has an outstanding
  arrest warrant issued in Indonesia. The issuing of a passport in a different name allows Mr
  Tjandra to travel freely and evade the Indonesian authorities.

  According to the Passports Act 1982 section 12, the Minister is able to cancel a
  passport where the Minister is satisfied that the person:
  Is the subject of a warrant of arrest or outstanding warrant of arrest issued under
  the Arrest Act 1977 or any other law; or

  Has engaged in activities that have caused or are likely to cause, serious damage
  to the security of Papua New Guinea.

  In this case, you have clear grounds to cancel the passport issued to Mr Joe Chan. Any
  passport issued to a Mr Djoko Tjandra could also be refused or cancelled on the same
  grounds.
  If you decide to cancel the passport you are required to give notice to Mr. Chan
  outlining the reasons for your decision. The passport is immediately void and an
  authorized officer may take possession of the passport.
  If you have any further questions please contact my office.

  Yours sincerely
  Manasupe Zurenuoc OBE
  Chief Secretary to Government

  Cc: Hon Peter O‘Neil, CMG MP
  Prime Minister
  Cc: Mr Mataio Rabura, ISO
  Chief Migration Officer

  Findings of Facts Page 40

• Page 60 of 131

• Comments

  Chief Secretary Mr Manasupe Zurenuoc in his letter raised two issues which are the
  subject of this investigation, that is (i) the Citizenship awarded to Mr Joko Tjandra under
  questionable circumstances and (ii) improper issuing of PNG Passport to Mr Joko Tjandra
  under the name of Joe Chan.

  [2.38] CANCELLATION OF PNG PASSPORT NO: B330971

  On 23 January 2013, the Minister for Foreign Affairs & Immigration, Hon Rimbink Pato
  MP wrote and notified Mr Joe Chan of his decision to cancel his PNG Passport No:
  B330971. The decision was done pursuant to Section 12(2) (b) of the Passports Act
  (Chapter 17).

  [2.39] APPEAL AGAINST DECISION TO CANCEL PASSPORT

  On 26 January 2013, Mr Joe Chan through his Lawyer Henao Lawyers appealed pursuant
  to Section 13 of the Passports Act (Chapter 17) to the Prime Minister seeking a review of
  Minister Pato’s decision to cancel his passport.

  Section 13 (1) of the Act states – A person may, within 28 days after the receipt of the
  notice under Section 12(3), by written application to the Prime Minister request that the
  decision of the Minister be reviewed by a Committee of Review.

  [2.40] NEC MEETING NO: 01/2013

  On 06 February 2013, the NEC in its Meeting No: 01/2013 deliberated on Policy
  Submission No: 33/2013 by the former Attorney General and Minister for Justice, Hon
  Kerenga Kua LLB, MP regarding the ―Correction and Vacation of Decision by former
  Minister for Foreign Affairs to grant Citizenship to Mr Joko Soegiarto Tjandra‖.

  The Purpose of the Policy Submission is:

  1. To inform NEC of the background and circumstances under which the decision to
  grant PNG citizenship to Mr Joko Soegiarto Tjandra was made by the former
  Minister for Foreign Affairs and Immigration, Hon Ano Pala, LLB, MP on April 29
  2012 and;

  2. To commence the process to correct and vacate the decision by the former Minister
  and lawfully revoke and nullify the grant of citizenship and cancel the citizenship
  awarded to Mr Joko Soegiarto Tjandra in accordance with Section 70(2)
  Constitution since that decision to grant citizenship was based on ―false
  representation‖ and concealment of material facts‖ by Mr Tjandra.

  Findings of Facts Page 41

• Page 61 of 131

• The Recommendations are:

  1. That NEC takes note of the submission and instruct the Attorney General to seek
  Declaratory Orders in the National Court under Section 70(2) Constitution to
  commence the legal process to revoke and nullify the grant of citizenship and
  cancel the citizenship awarded to Mr Joko Soegiarto Tjandra ; and

  2. Following the obtaining of the Declaratory Orders by the Attorney General, the
  Minister for Foreign Affairs and Immigration to proceed to cancel the Certificate of
  Citizenship.

  [2.41] NEC DECISION NO: 31/2013

  The NEC in its Meeting No: 01/2013 of 6 February 2013 made the following decisions:
  NEC Decision No: 31/2013 states that

  The Council –
  (1) noted the Policy Submission No: 33/2013;
  (2) did not approve the recommendations:-

  (a) to instruct the Attorney General to seek Declaratory Orders in the
  National Court under Section 70(2) Constitution to commence the
  legal process to revoke and nullify the grant of citizenship and
  cancel the citizenship awarded to Mr Joko Soegiarto Tjandra; and
  (b) to obtain the Declaratory Orders by the Attorney General, the
  Minister for Foreign Affairs & Immigration to proceed to cancel the
  Certificate of Citizenship.
  (3) approved and appointed the following Ministerial Committee:-

  (i) Hon Patrick Pruaitch, Minister for Forest & Climate Change as
  Chairman;
  (ii) Hon James Marape, Minister for Finance & Education as a
  Member;
  (iii) Hon John Pundari, Minister for Environment & Conservation as a
  Member to investigate the issue including the review of Citizenship
  Advisory Committee (CAC) Act and report back to the Cabinet.

  Comments

  NEC Decision No: 31/2013 emanated from the NEC deliberations from the then Attorney
  General and Minister for Justice, Hon Kerenga Kua’s Policy Submission No: 33/2013
  regarding ―Correction and Vacation of Decision by former Minister for Foreign

  Findings of Facts Page 42

• Page 62 of 131

• Affairs to grant Citizenship to Mr Joko Soegiarto Tjandra‖.

  On 25 September 2014, Hon Kerenga Kua, MP, during interview under Oath with the
  Commission stated that during the deliberations of the policy submission, the NEC had
  approved the recommendations as per the submission. He then briefed out the matter to
  Kuman Lawyers to take carriage of the matter.

  He further stated that when he returned to get a copy of the NEC Decision to give to
  Kuman Lawyers, he was surprised to note that the written decision turned out to be the
  opposite of what was discussed during the meeting. That is the recommendations were not
  approved.

  Hon Kua further stated that when he expressed his disappointment about the incorrect
  recording of the NEC Decision to the Prime Minister, Hon Peter O’Neill, the Prime
  Minister told him to put in another submission to the NEC to correct the decision.

  Hon Kua’s statement cannot be verified as the NEC Secretariat does not keep proper
  records of the NEC deliberations.

  On 14 October 2014, NEC Secretary Mr Ilagi Veali stated in his evidence on oath that the
  Secretariat relied on the notes that they take during the meeting. Mr Veali was requested to
  provide his notes of the proceeding but failed to do so.

  The NEC Secretariat does not have a proper records management of all NEC meetings.

  Comments in respect of Mr Ilagi Veali‟s response

  Mr Ilagi Veali‘s response to the Provisional Report is set out at [7.2] of the Report and the
  Commission comments are:

  1. In his response, Mr Veali maintained that the NEC Decision No.31/2013 is the true and
  correct record of the cabinet deliberation signed by the Prime Minister as the
  Chairman of NEC which he counter signed and certified as the Secretary of NEC.

  2. On 14 October 2014 during an interview under Oath, the Members of the Commission,
  then Chief Ombudsman Rigo Lua and then Ombudsman Phoebe Sangetari requested
  Mr Veali to provide the NEC Secretariat‘s records and notes of the NEC deliberation
  to verify and confirm if there were any inconsistencies and discrepancies in the NEC
  Decision and the NEC deliberations of the submission. Mr Veali however failed to do
  so without providing any reason.

  3. Mr Veali further stated during interview that NEC Secretariat used to record the NEC
  deliberations in the past, which they no longer do. He agreed with the suggestion that
  it will be good to keep record of the deliberations.

  Findings of Facts Page 43

• Page 63 of 131

• 4. The NEC is a very important government body that makes very important decisions
  regarding the affairs of the Country therefore all its proceedings should be properly
  recorded and maintained.

  [2.42] MINISTERIAL COMMITTEE OF REVIEW

  NEC in its Decision No: 31/2013 of 6 February 2013 approved and appointed a Ministerial
  Committee of Review (MCoR) comprised of the following:

  Hon Patrick Pruaitch, Minister for Forest & Climate Change as Chairman;

  Hon James Marape, Minister for Finance & Education as a Member; and

  Hon John Pundari, Minister for Environment & Conservation as a Member.

  They were appointed to investigate the issue including the review of Citizenship Advisory
  Committee (CAC) Act and report back to the Cabinet.

  Comments

  The NEC Decision No: 31/2013 states that the MCoR was appointed to investigate the
  issue including the review of Citizenship Advisory Committee (CAC) Act and report back
  to the Cabinet.

  The MCoR however conducted a review into Mr Joe Chan’s appeal against the decision
  made by Minister for Foreign Affairs & Immigration, Hon Rimbink Pato, OBE, LLB, MP
  to cancel Mr Joe Chan’s passport on 23 January 2014.

  According to the NEC Decision No: 31/2013, the establishment of the MCoR was to
  investigate the issue including the review of Citizenship Advisory Committee Act, and not
  to review the decision to cancel Mr Joe Chan’s passport.

  Note that the Citizenship Advisory Committee Act does not exist and therefore the NEC
  Decision No: 31/2013 is misleading.

  [2.43] DECISIONS OF THE MINISTERIAL COMMITTEE OF
  REVIEW

  The MCoR conducted hearing into the review of Minister Rimbink Pato’s decision to
  cancel Mr Joe Chan’s passport on 18 and 22 March 2012.

  On 8 May 2013, the MCoR presented its decision to the Prime Minister, Hon Peter
  O’Neill, CMG, MP. The Committee made the following decisions:

  Findings of Facts Page 44

• Page 64 of 131

• 9. The Committee noted that Joe Chan alias Joko Soegaiato Tjandra is a naturalized
  citizen but there are serious issues relating to the manner in which he obtained
  PNG Citizenship.

  10. Notwithstanding, the matters of citizenship are outside of the Committee‘s terms of
  reference therefore the Committee is not at liberty to base its decision on matters of
  citizenship. In this regard, the Committee accepts that Joko Soegiarto Tjandra has
  changed his name to Joe Chan, hence Chan is a PNG citizen for all intents and
  purposes.

  11. Suffice is to say that the issue of citizenship was a relevant consideration for the
  Committee as a passport can only be issued to a citizen.

  12. Further, the Committee has also received representatives from the Government of
  the Republic of Indonesia in respect to Chan‘s conviction in Indonesia. These are
  matters involving a different legal system and the issue of extradition is not a
  matter before the Committee, or within its mandate.

  13. The Committee‘s terms of reference are restricted to the grounds contained in the
  Minister‘s notice of cancellation.

  14. The Committee can only find that Chan made a false entry in respect to his date of
  birth in the passport application form. This is a separate matter for the Minister to
  look into. As for the present, this is not a matter which has been stated in the
  Minister‘s cancellation notice, and as such is not relevant to the Committee‘s
  consideration and decision.

  15. The Committee‘s decision there is as follows:

  a. In respect to grounds (i) and (ii) of the Minister Notice of Cancellation,
  these grounds cannot be sustained as they merely state the legal grounds
  under Section 12 (2) (b) and (e) of the Act and as such do not constitute
  reasons within the meaning of Section 12(3)(b) of the Act.

  b. In respect to ground (iii) of the Minister‘s Notice of Cancellation, which
  refers to Section 12(2)(f) of the Act, the ―reasons‖ provide therein cannot
  be sustained as the applicant did not provide false or misleading statements
  when applying for PNG Passport in respect to matters concerning criminal
  proceedings in Indonesia and matters pertaining to Interpol.

  16. Pursuant to its powers under Section 13(5) of the Act, the Committee hereby
  revokes the decision of the Minister to cancel PNG Passport B 330971 issued to
  Joe Chan as contained in the Notice of Cancellation dated 23 January 2014.

  Findings of Facts Page 45

• Page 65 of 131

• [2.44] RECOMMENDATIONS BY THE COMMITTEE OF REVIEW

  The Committee made the following recommendations:

  2. The Committee is of the view that the issue of citizenship had a lot to do with the
  cancellation of Chan‘s passport. The Committee recommends that the Minister
  review the process adopted in the issuance of Chan‘s citizenship.

  iii. The Committee further recommends that the Minister improves the process
  under the Passport Act, 1982 including:

  d. Referring all legal instruments to the Department of Attorney General for
  verification prior to Minister signing to ensure compliance with law and
  procedure;

  e. Employing a competent lawyer to draft, check and verify all legal
  documents prior to signing by the Minister; and

  f. Amending the passport application form, namely ―FA 81 – Application for
  a Travel Document ―to insert a provision that require applicants to disclose
  prior criminal convictions and, to provide character reference.

  iv. The Committee also recommends that the Minister appoint a multi-disciplinary
  task force to review the process for issuing PNG citizenship to foreigners and
  make appropriate legislative changes, including relaxing the rigidities in the
  Constitution, and to allow for dual citizenship in certain cases.

  [2.45] RESTORATION OF PASSPORT NO: B330971

  On 30 May 2013, CMO Mr Mataio Rabura wrote to Mr Joe Chan informing him of the
  findings of the Committee of Review.

  That is pursuant to its powers under Section 13(5) of the Passport Act (Chapter 17) the
  Committee revoked the decision of the Minister to cancel PNG Passport B 330971 issued
  to Joe Chan as contained in the Notice of Cancellation dated 23 January 2014.

  [2.46] APEC BUSINESS TRAVEL CARD

  APEC Business Travel Card (ABTC) facilitates travel for genuine business people
  between APEC member economies. The card minimizes the need to obtain separate
  business visas. In most countries, holders of the ABTC are also able to access streamlined
  entry arrangements. The ABTC does not replace a passport. Card holders must always
  carry their passport when travelling.

  Findings of Facts Page 46

• Page 66 of 131

• In August 2013, Mr Joe Chan lodged an application for ABTC. On 16 August 2013, he
  made a payment of K400.00 being for a new ABTC to be issued against his PNG Passport
  No: B330971.

  On 24 October 2013, Mr Joe Chan was informed that his application for ABTC was
  approved by 10 Economies. His ABTC was released and collected by the CMO Mr Mataio
  Rabura on 25 October 2013.

  On 18 November 2013, Mr Joe Chan was advised that his ABTC application was approved
  by 13 Economies to be accompanied by Passport No: B330971.

  On 05 February 2014, Mr Joe Chan was advised that his ABTC application had been
  approved by 16 Economies to be accompanied by Passport No: B330971.

  On 24 March 2014, Mr Joe Chan was advised that his application for ABTC had been
  approved by 16 Economies, that the card must be accompanied by current Passport No:
  C116701.

  [2.47] NEC MEETING NO: 37/2013

  On 19 December 2013, NEC in Special Meeting No: 37/2013 deliberated on Policy
  Submission No. 283/2013 by the Attorney General and Minister for Justice, Hon Kerenga
  Kua LLB, MP regarding ―Correction of NEC Decision No.31 of 2013–(Correction and
  Vacation of Decision by former Minister for Foreign Affairs to grant Citizenship to
  Mr Joko Soegiarto Tjandra)‖.

  The Purpose of the Policy Submission is:

  1. To inform NEC that there was an error in the record of the decision in NEC
  Decision No. 31 of 2013 made on 6 February 2013 at Meeting No. 01/2013 at
  Paragraph 2 (a) to the extent that the record states that the Council did not approve
  the recommendation:

  ―to instruct the Attorney General to seek Declaratory Orders in the National Court
  under Section 70(2) Constitution to commence the legal process to revoke and
  nullify the grant of citizenship and cancel the citizenship awarded to Mr Joko
  Soegiarto Tjandra;‖

  2. To correct this error in the record and vacate it and re-instate the decision made by
  NEC on 6 February 2013 as follows:

  ―To authorize the Attorney General to commence the legal process to correct and
  vacate the decision by the former Minister and lawfully revoke and nullify the grant

  Findings of Facts Page 47

• Page 67 of 131

• of citizenship and cancel the citizenship awarded to Mr Joko Soegiarto Tjandra in
  accordance with Section 70(2) Constitution since that decision to grant citizenship
  was based on ―false representation‖ and ―concealment of material facts‖ by Mr
  Tjandra.

  The Recommendations are:

  1. That NEC takes note of the submission and correct the error in the record of the
  Decision No. 31/2013 and now re-authorize the Attorney General to seek
  Declaratory Orders in the National Court under Section 70 (2) Constitution to
  commence the legal process to revoke and nullify the grant of citizenship and
  cancel the citizenship awarded to Mr Joko Soegiarto Tjandra;

  [2.48] NEC DECISION NO: 456/2013

  Decision No: 456/2013 Special Meeting No: 37/2013

  SUBJECT: CORRECTION OF NEC DECISION NO.31 OF 2013 – (CORRECTION
  AND VACATION OF DECISION BY FORMER MINISTER FOR
  FOREIGN AFFAIRS TO GRANT CITIZENSHIP TO MR JOKO
  SOEGIARTOR TJANDRA)

  On 19 December 2013, Council:

  5. noted the content of Policy Submission No: 283/2013 and

  6. noted however did not approve the authorization of the Attorney General to
  seek Declaration Orders in the National Court under Section 70(2) Constitution
  to commence legal process to revoke and nullify the grant of citizenship and
  cancel the citizenship awarded to Mr Joko Soegiarto Tjandra.

  7. directed that a new Submission be done taking into account recommendations
  from the Ministerial Committee established as per the NEC Decision 31/2013
  and;

  8. directed that the matter be referred to the Chief Secretary to Government for
  further actions.

  Findings of Facts Page 48

• Page 68 of 131

• [2.49] PASSPORT NO: C116701

  On 20 January 2014, Mr Joe Chan was issued his third PNG Passport No: C116701. The
  reason for the renewal of passport was that pages or spaces of his second Passport No:
  B330971 was full.

  Date of
  # Name Passport No. Nationality Date issued Expiry Date
  Birth

  3 Joe Chan C 116701 PNG 20/01/2014 20/01/2020 27/09/1963

  Comments

  Section 8 of the Passports Act (Chapter 17) provides for the renewal of passport which is
  either expired, lost or the spaces on it has exhausted.

  All Passports belong to the Government of PNG. The normal practice is that the old
  passport is either chipped on the edge of the front cover or a hole is made in the middle and
  retained by the PNG ICSA.

  In this case, the PNG ICSA failed to chip the passport edge and retain Mr Joe Chan’s
  Passport No: B 330971 when he applied for a renewal of passport. Mr Joe Chan provided a
  false statement to the PNG ICSA when he applied for a renewal; the pages of his Passport
  No: B 330971 was not full as he claimed.

  PNG ICSA had negligently issued him a new passport and allowed him to keep the other
  passport which he was supposed to surrender. Mr Joe Chan was unlawfully a holder of two
  PNG Passports which he uses interchangeably.

  [2.50] USE OF CANCELLED PASSPORT NO: B330971

  Although Passport No: B330971 was recorded as cancelled in the TARDIS Passport
  System, the BMS still recorded that it was in active use by the passport holder, Mr Joe
  Chan after he was issued PNG Passport No: C116701 on 20 January 2014.

  The purportedly cancelled Passport was recorded as presented at the Jacksons International
  Airport on seven (7) occasions after 20 January 2014.

  Findings of Facts Page 49

• Page 69 of 131

• The table below shows the BMS records of the dates when the purportedly cancelled
  passport was used:

  Date Flight No: Origin Destination Passport No: Carrier
  25/01/2014 PX008 Port Moresby Hong Kong B 3330971 Air Niugini
  11/02/2014 N8989N Singapore Port Moresby B 3330971 Private
  07/03/2014 N8989N Port Moresby Hong Kong B 3330971 Private
  12/03/2014 N8989N Hong Kong Port Moresby B 3330971 Private
  17/03/2014 N8989N Port Moresby Hong Kong B 3330971 Private
  24/03/2014 N8989N Hong Kong Port Moresby B 3330971 Private
  12/06/2014 N8989N Port Moresby Hong Kong B 3330971 Private

  Comments

  Mr Joe Chan provided false information when he applied for a renewal of passport. That
  Passport No: B3330971 was not full and therefore he should not have been issued a new
  one.

  The PNG ICSA was negligent in their duty when they issued Mr Joe Chan a new passport
  because the old one was not exhausted. Furthermore, PNG ICSA failed to retain Mr Chan’s
  old passport when they issued him the new one.

  PNG ICSA and PNG Customs had improperly and negligently allowed Mr Joe Chan to
  travel in and out of the country under two PNG Passports interchangeably without
  detection. The TARDIS and BMS showed that Mr Joe Chan had used the cancelled
  Passport and yet the PNG ICSA had failed to take corrective measures.

  Findings of Facts Page 50

• Page 70 of 131

• 3. FINDINGS OF WRONG CONDUCT

  The Commission’s findings of wrong conduct and defective administrative practices in the
  issuance of Entry Permits; granting of Citizenship by Naturalization and issuance of PNG
  Passports to Mr Joko Tjandra alias Joe Chan are as follows:

  [3.1] FINDING No. 1

  In the opinion of the Ombudsman Commission, the conducts of the then Acting CMO Mr
  Joseph Nobetau and then Director Visa Ms Delilah Madao So’osane in issuing two APEC
  Business Travel Card Permits No: 12202052812 and No: 12201041074 in 2009 to Mr
  Joko Soegiarto Tjandra was wrong.

  Reasons

  1. That Permit No: 12202052812 issued on 27 February 2009 and Permit No:
  12201041074 on 11 June 2009 to Mr Joko Soegiarto Tjandra are APEC Business
  Travel Cards used to facilitate travel for business purposes between APEC member
  economies.

  Reference

  The facts relevant to this opinion are set out in 2.5 and 2.7

  [3.2] FINDING NO. 2

  In the opinion of the Ombudsman Commission, the conducts of the then Acting CMO Mr
  Joseph Nobetau and then Director Visa Ms Delilah Madao So’osane of the PNG ICSA in
  by-passing the requirements when processing Mr Joko Soegiarto Tjandra’s application for
  Permanent Resident Permits was wrong.

  Reasons

  1. The BMS log does not have any records of input or comments by either the then
  Acting CMO Joseph Nobetau or then Director Visa – Delilah Madao So’osane as
  managers responsible for issuing of Visa or Entry Permits.

  Findings of Wrong Conducts Page 51

• Page 71 of 131

• 2. According to the Migration Regulations (Chapter 16) the applicant (Mr Joko
  Soegiarto Tjandra) did not meet the residency requirement of 5 years. Form 1 A
  states that ―TO BE ELIGIBLE FOR PERMANENT RESIDENT APPLICANTS
  MUST HAVE RESIDED LAWFULLY IN PAPUA NEW GUINEA FOR A
  MINIMUM OF FIVE YEARS‖.

  3. There is no comments by the Acting CMO or the then Director Visa or the officers
  of the PNG ICSA to indicate that the application was processed following correct
  process.

  4. The applicant Mr Joko Tjandra did not meet any class of person specified in
  Section 2 (3) of the Migration Regulation (Chapter 16). At the time of applying, he
  was not a CEO of a company; he was engaged as Principal Business Consultant by
  his sister Madam Eleana Tjandranegara, to serve in her Group of Companies.

  Reference

  The facts relevant to this opinion are set out in 2.11 and 2.12

  [3.3] FINDING NO. 3

  In the opinion of the Ombudsman Commission, the conduct of the then Minister for
  Foreign Affairs, Hon Ano Pala MP in giving directives and instructions to the Officers of
  the PNG ICSA to issue Permanent Resident Permit No:99902087368 to Mr Joko
  Soegiarto Tjandra was wrong.

  Reasons

  1. Section (2) (1) of the Migration Regulation (Chapter 16) requires an applicant
  to lodge his application which shall be personally approved by the Minister on
  the recommendation of the Chief Migration Officer.

  2. That Joko Tjandra’s application was not processed through the normal process;
  that is to be registered, assessed and screened by the Immigration Officers
  before referring it to the Minister for approval on the recommendation of the
  CMO;

  3. That the application was sent to the Immigration Officers directly from the
  Minister’s Office with his (Minister’s) directive and instruction to issue the PR.

  Reference

  The facts relevant to this opinion are set out in 2.11 & 2.12

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• Comments in respect of Hon Ano Pala‟s response

  Hon Ano Pala‘s response to the Provisional Report is set out at [7.1] and the
  Commission‘s comments in respect of his response are:

  Paragraph 3.1.1 of the response, Hon Ano Pala denies giving improper directives and
  instruction to the office of the PNG ICSA to issue Permanent Resident Permit
  No.99902087368 to Joko Tjandra.

  Relevant Facts set out at [2.11] of the report is the extract of the Border Management
  System (BMS) log with the comments made by the responsible PNG ICSA officers involved
  in processing the PR Permit.

  Paragraph 3.12 of the response, Hon Ano Pala requested for copies of his instruction to be
  provided to him for his examination and comments. Section 17 (2) OLOC states that every
  investigation by the Commission shall be conducted in private. Section 217 (5)
  Constitution provides that in the performance of its functions under Section 219 (functions
  of the Commission) the Commission is not subject to direction or control by any person or
  authority.

  Paragraph 3.1.4 (a) states that in respect of Reason 1 – the correct provision is Regulation
  1 sub Regulation (2)(i).

  Migration Regulation 1 (2)(i) – states – ( 2) An applicant for an entry permit for long term
  residence shall— (i) lodge his application which shall be personally approved by the
  Minister on the recommendation of the Chief Migration Officer.

  There were no comments or recommendations in the BMS log by any of the Immigration
  Officers including the Director and the Chief Migration Officer to assist the Minister make
  his decision. The only comment in there was the instructions and or directive stating that
  ―the Minister had used his discretionary powers under Section 20 of the Migration Act to
  approve Joko Tjandra‘s application for PR‖.

  Paragraph 3.1.6, Hon Ano Pala denies any responsibility (if any) for non-compliance of
  the process.

  Section 5 (1) (b) of the Immigration & Citizenship Service Act 2010 provides for the
  functions of the Authority which is to assist the Minister responsible for the administration
  of the Migration Act (Chapter 16) and Passports Act (Chapter 17) in the performance of
  their functions under those Acts respectively. Section 6 of the Act provides for the full
  powers of the Authority.

  Paragraph 3.1.7 Hon Ano Pala stated that he had exercised his powers pursuant to Section
  20 Migration Act to exempt the applicant, Mr Tjandra from all or any of the provisions of
  the Act properly. It was for the PNG ICSA to process the issuance of the PR Permit after I
  had granted the exemption.

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• The above statement contradicts Section 5 (1) (b) of the Immigration & Citizenship Service
  Act 2010 which provides for the functions of the Authority which is to assist the Minister
  responsible for the administration of the Migration Act (Chapter 16) and Passports Act
  (Chapter 17) in the performance of their functions under those Acts respectively. Section 6
  of the Act provides for the full powers of the Authority.

  The statement also contradicts Migration Regulation 1 (2)(i) states that an applicant for
  an entry permit for long term residence shall— lodge his application which shall be
  personally approved by the Minister on the recommendation of the Chief Migration
  Officer.

  [3.4] FINDING No. 4

  In the opinion of the Ombudsman Commission, the conduct of the then Minister for
  Foreign Affairs, Hon. Ano Pala, MP in exercising his powers under Section 20 of the
  Migration Act (Chapter 16) to exempt Mr Joko Soegiarto Tjandra from the PR Permit
  requirements was wrong.

  Reasons

  1. That the Minister had improperly exercised his powers under Section 20 of the
  Migration Act knowing that the applicant did not meet PR requirements under the
  Migration Act (Chapter 16) and Migration Regulation (Chapter 16).

  2. The applicant Mr Joko Tjandra did not meet any class of person specified under the
  Migration Regulation. At the time of applying, he was not a CEO of a company;
  he was engaged as Principal Business Consultant to his sister Madam Eleana
  Tjandranegara serving her Group of Companies.

  Reference:

  The facts relevant to this opinion are set out in 2.11 and 2.12

  Comments in respect of Hon Ano Pala’s response

  Hon Ano Pala‘s response to the Provisional Report is set out at [7.1] and the
  Commission‘s comments in respect of his response are:

  Paragraph 4.1.2 of Hon Ano Pala‘s response states that there is no provision in the
  Migration Act and or in the Migration Regulation that requires the Minister responsible to
  satisfy himself that the applicant has to meet the PR requirements in both the Act and the
  Regulation before exercising his powers to exempt under Section 20 of the Migration Act.

  The relevant laws including the Constitution, the Migration Act and the Migration
  Regulations were made to regulate the granting of Entry Permits including the Permanent
  Resident Permit by the responsible people including the Minister responsible.

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• Section 5 (1) (b) of the Immigration & Citizenship Service Act 2010 provides for the
  functions of the Authority which is to assist the Minister responsible for the administration
  of the Migration Act (Chapter 16) and Passports Act (Chapter 17) in the performance of
  their functions under those Acts respectively. Section 6 of the Act provides for the full
  powers of the Authority.

  The Migration Regulation 1 (2)(i) states that an applicant for an entry permit for long term
  residence shall— lodge his application which shall be personally approved by the Minister
  on the recommendation of the Chief Migration Officer.

  The Minister exercised his powers under Section 20 of the Migration Act without due
  consideration of Section 67 (2) of the Constitution. Therefore, the Migration Act is deemed
  to be defective and should be amended.

  [3.5] FINDING No. 5

  In the opinion of the Ombudsman Commission, the conduct of the CMO, Mr Mataio
  Rabura in supporting the granting of Citizenship by Naturalization to Mr Joko Soegiarto
  Tjandra was wrong.

  Reasons

  1. Mr Rabura failed in his duty as the Chief Migration Officer to ensure compliance of
  the laws and regulations under the Constitution, the Migration Act (Chapter 16),
  Migration Regulation (Chapter 16), Citizenship Act (Chapter 12), and the
  Citizenship Regulation (Chapter 12).

  2. Mr Rabura supported the application knowing that Mr Joko Tjandra did not meet
  mandatory Constitutional requirements specified under Section 67 of the
  Constitution such as the residency requirement of eight years.

  3. Mr Rabura supported the application knowing that the applicant failed to meet
  Constitutional requirements particularly that Mr Joko Tjandra had adverse records
  against his name as per reports provided by the NCRO and NIO.

  Reference

  The facts relevant to this opinion are set out in 2.24, 2.14, 2.16 and 2.17

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• [3.6] FINDING No. 6

  In the opinion of the Ombudsman Commission, the conduct of the CMO, Mr Mataio
  Rabura in using the letter of reference from Commodore (Retd) Peter Ilau, Ambassador
  to Indonesia as his basis to support the granting of Citizenship by Naturalization to Mr
  Joko Soegiarto Tjandra was wrong.

  Reasons

  1. CMO Mr Rabura’s primary responsibility is to ensure compliance with the laws
  and regulations including the Constitution, the Migration Act (Chapter 16),
  Migration Regulations (Chapter 16), Citizenship Act (Chapter 12), and the
  Citizenship Regulations (Chapter 12).

  2. CMO Mr Rabura however disregarded the laws and had instead used the letter of
  reference from Commodore (Retd) Peter Ilau, Ambassador to Indonesia which did
  not contain any reliable or credible information to support Mr Joko Tjandra’s
  application for Citizenship.

  3. The letter of reference was addressed to the then Acting Secretary, Department of
  Foreign Affairs, Ambassador Lucy Bogari, not to the CAC for their purpose and
  therefore should not be used as a basis to support the granting of citizenship.

  Reference

  The facts relevant to this opinion are set out in 2.23 and 2.24

  [3.7] FINDING No. 7

  In the opinion of the Ombudsman Commission, the conduct of the then CAC Chairman
  Hon Matthew Poia MP in failing to reconvene another meeting to deliberate on the
  reference letter from Commodore (Retd) Peter Ilau Ambassador to Indonesia before
  writing to the Minister for Foreign Affairs was wrong.

  Reasons

  1. The then Chairman of CAC, Hon Matthew Poia, MP failed to reconvene another
  meeting to consider the new information from Indonesia. The decision is contrary
  to Section 13 (2) (c) of the Citizenship Regulations.

  2. Section 13 of the Regulations specifies the Procedures of the Committee as:

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• (1) The Committee shall meet at such times and places as are fixed by the
  Chairman, but in any event not less frequently than once every three
  months.

  (2) At a meeting of the Committee—

  (a) three is a quorum; and
  (b) the Chairman shall preside at meetings of the Committee at
  which he is present, and in his absence the members present
  shall elect one of their own number to preside at that meeting;
  and
  (c) all matters shall be decided in accordance with a majority of
  votes; and
  (d) the member presiding has a deliberative and, in the event of an
  equality of votes on a matter, also a casting vote.

  3. Dr Lawrence Kalinoe, Secretary for Department of Attorney General & Justice and
  a Member of CAC confirmed during interview that the letter should be tabled and
  the Secretariat and CAC should be given the opportunity to comment on the new
  information or material.

  4. CMO Mataio Rabura also confirmed during the interview that the CAC should
  reconvene to deliberate on the letter of reference by Commodore (Retired) Peter
  Ilau.

  Reference

  The facts relevant to this opinion are set out in 2.25 and 2.27

  Comments in respect of Mr Matthew Poia‟s response

  Former CAC Chairman, Mr Matthew Poia‘s response to the Provisional Report is set out
  at [7.3] and the Commission‘s comments are:

  1. In respect of Findings No.7, Mr Poia stated that after considering Mr Rabura‘s letter,
  he wrote on behalf of the CAC to the Minister furnishing him all the information
  together with Ambassador Ilau‘s report and Mr Rabura‘s letter.

  2. Section 13 of the Citizenship Regulations (Chapter 12) clearly states the Procedures of
  the Committee. Section 13(2)(c) of the Regulations states that ―all matters shall be
  decided in accordance with a majority of votes. Relevant facts set out at [2.23] states
  that all three members of the CAC made 3 different recommendations.

  3. Mr Rabura‘s letter containing his decision was made outside of a CAC meeting.

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• 4. Section 14 of the Regulations provides for the Powers of the Committee which is to
  make such inquiries as seem to it as necessary to enable it to advise the Minister in
  relation to the matter‖.

  5. Chairman Poia‘s letter to the Minister did not provide an advice or recommendation
  by the CAC to the Minister in relation to Joko Tjandra‘s application. Instead
  Chairman Poia wrote to the Minister advising him that “it is your discretion to make
  the final decision on the particular application after you consider all the information
  presented to the Committee”.

  6. Point 5 clearly defeated the purpose and powers of the Committee (CAC) which is „to
  advise the Minister in relation to the matter‟.

  [3.8] FINDING No. 8

  In the opinion of the Ombudsman Commission, the conduct of the then Minister for
  Foreign Affairs & Immigration, Hon Ano Pala, MP in approving the granting of
  Citizenship by Naturalization to Joko Soegiarto Tjandra based on the letter from the then
  Chairman of CAC, Hon Matthew Poia, MP was wrong.

  Reasons

  1. That the letter from the then Chairman of CAC, Hon Matthew Poia, MP did not
  contain any recommendation by the CAC. The decision is contrary to Section 13
  (2)(c) of the Citizenship Regulations (Chapter 16).

  2. Section 13 of the Regulations specifies the Procedures of the Committee as:

  (1) The Committee shall meet at such times and places as are fixed by the
  Chairman, but in any event not less frequently than once every three months.

  (2) At a meeting of the Committee—
  (a) three is a quorum; and
  (b) the Chairman shall preside at meetings of the Committee at
  which he is present, and in his absence the members present
  shall elect one of their own number to preside at that meeting;
  and
  (c) all matters shall be decided in accordance with a majority of
  votes; and
  (d) the member presiding has a deliberative and, in the event of an
  equality of votes on a matter, also a casting vote.
  3. The CAC did not meet again after its first meeting on 23 April 2012 to consider the
  new information and to make its recommendation(s) to the Minister.

  4. The matter was not decided in accordance with a majority of votes.

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• Reference

  The facts relevant to this opinion are set out in 2.27 and 2.25

  Comments in respect of Hon Ano Pala‟s Response

  Hon Ano Pala‘s response to the Provisional Report is set out at [7.1] and the
  Commission‘s comments in respect of his response are:

  1. Paragraph 5.1.11 of the response, Hon Ano Pala stated that the finding is wrong in
  fact and in law.

  2. The Commission maintains its stance that the letter from the Chairman of CAC,
  then Hon Mathew Poia to the then Minister Ano Pala contradicts Section 13 of the
  Citizenship Regulations (Chapter 12) which stipulates the Procedures of the
  Committee. Section 13(2)(c) of the Regulations states that ―all matters shall be
  decided in accordance with a majority of votes. Relevant fact set out at [2.23]
  states that the three members of the CAC made 3 different recommendations.

  3. Section 14 of the Regulations provides for the Powers of the Committee which is to
  make such inquiries as seem to it as necessary to enable it to advise the Minister in
  relation to the matter‖.

  4. The letter from the Chairman of CAC, then Hon Mathew Poia did not contain any
  advice with a majority of votes by the CAC to assist the Minister in making his
  decision.

  [3.9] FINDING No. 9

  In the opinion of the Ombudsman Commission, the conduct of the then Minister for
  Foreign Affairs & Immigration, Hon Ano Pala, MP in granting Citizenship by
  Naturalization to Mr Joko Soegiarto Tjandra knowing that the applicant did not meet
  Constitutional requirements was wrong.

  Reasons

  1. Section 67 (1) of the Constitution requires a person who has resided continuously in
  the country for at least 8 years to apply to the Minister responsible for citizenship
  matters to be naturalized as a citizen.
  2. Evidence in the form of BMS records prove that the applicant’s first record of entry
  into PNG was on a short term business visa on 27 February 2009. He applied for

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• citizenship on 11 October 2011, therefore he had resided in the country less than 8
  years.
  3. Section 67(2) of the Constitution provides for the mandatory eligibility criteria an
  applicant must meet. This is assessed by the CAC who then recommends to the
  Minister for decision. The applicant Mr Joko Tjandra failed to meet these
  constitutional requirements.
  4. The CAC also obtained unfavorable reports of the applicant from the NIO and
  Interpol/NCRO. However, no consideration was given to the report by the
  Minister.

  Reference

  The facts relevant to this opinion are set out in 2.22, 2.2, 2.14, 2.16 and 2.17.

  Comments in respect of Hon Ano Pala‟s response

  Hon Ano Pala‘s response to the Provisional Report is set out at [7.1] and the
  Commission‘s comments in respect of his response are:

  In respect of paragraph 6.1.12 of the response, Hon Ano Pala stated that the adverse
  findings No.9 against him is misconceived denied and ought to be dismissed.

  Hon. Ano Pala refers to s 67 (1) of the Constitution but failed to satisfy himself with the
  matters referred to in s 67(2). That is the eligibility requirements to attain citizenship by
  naturalization.

  The PNGICSA, the CMO and the then Minister Hon. Ano Pala failed to observe the
  requirements of s 67 (2) of the Constitution. The PNGICSA and the CMO failed to act
  diligently in keeping their records safely for purposes of determining the period of stay by
  Joko Tjandra.

  Hon Ano Pala failed to understand that this is an investigation conducted into the
  administrative practice of the PNG Immigration & Citizenship Services Authority, possible
  defects in legislation such as the Migration Act giving rise to malpractice and indecisive
  decisions. This is distinctly different to investigation conducted under the Leadership Code.

  In the response, the Hon Ano Pala failed to disclose the following information or materials
  which would greatly assist in determining the further progress of this matter. These
  documents are;

  (a) Minutes of meetings by CAC dated 23 April 2012;
  (b) Letter from Chairman CAC dated 26 April 2012;
  (c) Minutes of interview records between Joko Tjandra and Uve Roma; and
  (d) Report by CAC submitted to Minister by CAC

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• Hon Ano Pala misapplied and wrongfully exercised the powers under section 20 Migration
  Act and section 67 (1) Constitution which requires that the Minister may if he is satisfied
  as to the matters referred to in subsection (2), grant or refuse the application. In this case,
  it is a discretionary matter for the Minister, however simultaneously it leaves it open to
  possible abuse by persons in authority and especially when a compulsory act is required
  under section 20 Migration Act. Therefore there is a need to amend section 20 of the
  Migration Act to maintain fairness and control the use of such powers.

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• [3.10] FINDING No. 10

  In the opinion of the Ombudsman Commission, the conduct of the CMO Mr Mataio
  Rabura in tendering a copy of Certificate for Citizenship by Naturalization dated 12
  February 2012 for Mr. Joko Soegiarto Tjandra to the Ministerial Committee Of Review
  during the review into the cancellation of Mr Joko Soegiarto Tjandra’s Passport was
  wrong.

  Reasons

  1. The MCoR conducted hearing to review Minister Rimbink Pato’s decision to
  cancel Mr Joe Chan’s second PNG Passport on 18 and 22 March 2013.

  2. CMO Mr Rabura tendered a copy of the Certificate as to Citizenship by
  Naturalization dated 12 February 2012 for Mr Joko Soegiarto Tjandra to the
  MCoR, which was signed by Hon. Ano Pala, MP on 16 May 2012.

  3. On 26 April 2012, the Chairman CAC informed the Minister of its findings on the
  assessment it had done on Mr Tjandra’s application.

  4. On 29 April 2012, the Minister granted citizenship and formalized it on 16 May
  2012 when he signed the Certificate of Citizenship.

  5. The Certificate was prepared on 12 February 2012 a month before the applicant
  paid the K10, 000.00 Citizenship application fee on 8 March 2012.

  6. CMO Mr Rabura was negligent in his duty when he tendered this Certificate to the
  Review Committee and therefore misled the Committee.

  Reference

  The facts relevant to this opinion are set out in 2.18 and 2.32.

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• [3.11] FINDING No. 11

  In the opinion of the Ombudsman Commission, the conduct of the then CAC Chairman,
  Hon Matthew Poia in making recommendation in support of the granting of Citizenship
  to Mr Joko Tjandra without providing evidence of his investment and development
  enthusiasm was wrong.

  Reasons

  1. Section 67 (1) of the Constitution allows for a person who has resided continuously
  in the country to apply for Citizenship by Naturalization.

  2. Section 67(2) of the Constitution also specifies the eligibility requirements a person
  applying has to meet.

  3. The applicant failed to meet requirements under Section 67 (2) (a), (b), (c), (d), (f)
  of the Constitution.

  4. The CAC Chairman Hon Matthew Poia, MP however disregarded the
  Constitutional requirements instead considered the application on the applicant’s
  investment enthusiasm.

  5. Section 68(2)(c) of the Constitution requires the applicant to state whether the
  major part of the investment and business interests of the applicant are and have
  been in the country. There was no evidence of Joko Tjandra’s investment and
  business interest provided to the CAC.

  Reference

  The facts relevant to this opinion are set out in 2.22 & 2.23

  Comments in respect of Mr Matthew Poia‟s response

  Former CAC Chairman, Mr Matthew Poia‘s response to the Provisional Report is set out
  at [7.3] of this report and the Commission‘s comments are:

  Mr Poia‘s stated that ―Reason 3 of Findings No.11 is not specified as to the particular
  constitutional requirements he had disregarded, therefore he was unable to comment.

  Reason 3 is a continuation of Reasons 1 & 2 of Findings No.11. The constitutional
  requirements referred to are Section 67(1) and (2) of the Constitution.

  In respect of Point 4.4 of the response, Mr Poia made reference to Reason 4 in the report
  which states ―The applicant failed to meet requirements under Section 62(2)(a), (b), (c),
  (d) (f) of the Constitution‖. Mr Poia‘s comment is not relevant to Reason 4.

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• In respect of Point 4.5 of the response, Mr Poia submits that the use of the word
  ―Recommending‖ in Findings No.11 is misleading. It is not clear as to what he meant by
  misleading.

  It is assumed that Mr Poia prefers the use of the word ―Recommended‖ instead as stated
  in the CAC meeting minute. Whatever the case, both words simply mean the same thing
  (propose, support, put forward, suggest etc) except that the first is in the presence tense
  and the other is in the past tense.

  The fact still remains that Mr Poia‘s views in support of the granting of citizenship to Mr
  Tjandra was without lawful basis and not supported by evidence. He ignored and
  disregarded the lawful requirements provided under the Constitution and the Citizenship
  Act (Chapter 12) and Citizenship Regulation (Chapter 12) that regulate the granting of
  citizenship.

  These laws were made to guide people such as the Citizenship Advisory Committee (CAC)
  and the Minister for Foreign Affairs and Immigration when deciding on whether or not to
  grant citizenship to an applicant.

  [3.12] FINDING No. 12

  In the opinion of the Ombudsman Commission, the conduct of the NEC Secretary Mr
  Ilagi Veali in incorrectly writing up the NEC Decision No: 31/2013 contrary to the
  deliberations of the NEC regarding Policy Submission No: 33/2013 was wrong.

  Reasons

  1. On 06 February 2013, NEC in its Meeting No: 01/2013 deliberated on Policy
  Submission No: 33/2013 by the former Attorney General and Minister for Justice,
  Hon Kerenga Kua LLB, MP regarding the ―Correction and Vacation of Decision
  by former Minister for Foreign Affairs to grant Citizenship to Mr Joko
  Soegiarto Tjandra‖.

  2. On 25 September 2014, Hon Kerenga Kua, MP during an interview under Oath
  with the Commission stated that during the deliberations of the policy submission,
  the NEC had approved the recommendations as per the submission. He then briefed
  out the matter to the Kuman Lawyers to take carriage of the matter.

  3. Hon Kerenga Kua, MP further stated that when he returned to get a copy of the
  NEC Decision to give to Kuman Lawyers, he was surprised to note that the written
  decision turned out to be the opposite of what was discussed during the meeting.
  That is, the recommendations were not approved.

  4. Hon Kerenga Kua, MP further stated that when he expressed his disappointment

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• about the incorrect recording of the NEC Decision to the Prime Minister, Hon Peter
  O’Neill, the Prime Minister told him to put in another submission to the NEC to
  correct the decision.

  5. Hon Kerenga Kua’s statement cannot be verified as the NEC Secretariat does not
  maintain proper records of the NEC deliberations. On 14 October 2014, NEC
  Secretary, Mr Ilagi Veali, stated in his evidence on oath that the Secretariat relied
  on the notes that they take during the meeting. Mr Veali was requested to provide
  his notes of the proceeding however failed to do so.

  Reference

  The facts relevant to this opinion are set out in 2.40 and 2.41.

  [3.13] FINDING No. 13

  In the opinion of the Ombudsman Commission, the conduct of the NEC Secretary Mr
  Ilagi Veali and the NEC Secretariat in failing to maintain proper recording of NEC
  proceedings was wrong.

  Reasons

  1. NEC is a very important Office that discusses matters and makes decisions of
  national importance and therefore should maintain proper records of NEC
  Meetings.

  2. NEC Secretary confirmed during the interview that they do not record the
  proceedings of NEC Meetings.

  Reference

  The facts relevant to this opinion are set out in 2.40 and 2.41.

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• [3.14] FINDING No. 14

  In the opinion of the Ombudsman Commission, the conduct of the CMO Mr Mataio
  Rabura and Director Passport & Citizenship in issuing Mr Joko Tjandra with a PNG
  Passport No: B328500 without any evidence of Citizenship was wrong.

  Reasons

  1. On 4 May 2012, Mr Joko Tjandra was issued his first PNG Passport No: B 328500.
  The validity of the Passport is for five years.

  2. The instruction on the Passport Application requires the applicant to provide
  evidence of citizenship.

  3. Mr Joko Tjandra did not provide any evidence of citizenship at the time of applying
  and issuing of the passport.

  4. Mr Joko Tjandra’s certificate of citizenship was signed by the Minister for Foreign
  Affairs, Hon Ano Pala, MP on 16 May 2012. The passport was issued 12 days prior
  to Minister Ano Pala signing the certificate.

  5. The CMO Mr Mataio Rabura and Director Passport of PNG ICSA were negligent
  in their duty and had unlawfully issued a PNG Passport to Mr Joko Tjandra.

  Reference

  The facts relevant to this opinion are set out 2.29 & 2.31

  [3.15] FINDING No. 15

  In the opinion of the Ombudsman Commission, the conduct of CMO Mr Mataio Rabura
  in authorizing the issuing of PNG Passport No: B330971 to Mr Joko Tjandra alias Joe
  Chan was wrong.

  Reasons

  1. On 7 May 2012, Mr Joko Tjandra applied for another PNG Passport. He also put in
  the Statutory Declaration stating that his date of birth was 27 September 1963 and
  Deed Poll to adopt a new name of Joe Chan.

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• 2. On 7 June 2012, CMO Mr Mataio Rabura wrote a Minute to the Director (Passport
  and Citizenship) with instruction to proceed and issue new PNG Passport under the
  new name, Joe Chan.

  3. Section 5 of the Passports Act (Chapter 17) clearly states that a new passport can
  be issued for such period; and may, be renewed for such further periods, as
  determined by the Minister or authorized officer. In this case, Mr Joko Tjandra’s
  PNG Passport B: 328500 was still valid. He therefore did not have any reasonable
  or lawful ground to apply for a new passport.

  4. Section 8 of the Act states that the Minister or an officer authorized by the Minister
  may, from time to time, renew a Papua New Guinea passport and a Papua New
  Guinea passport shall not be renewed if the space on it for entry permits is
  exhausted.

  5. The above provisions did not mention anything about change of name as a valid
  reason to issue a new passport to Mr Joko Tjandra under a new name of Joe Chan.

  6. Furthermore, the Citizenship by Naturalization was granted to Mr Joko Soegiarto
  Tjandra and not Joe Chan. Therefore Joe Chan was unlawfully issued a PNG
  passport.

  7. The actions of the Legal Advisor Mr Akuila Samson and the CMO Mr Rabura in
  supporting the false information provided contradict Sections 5 and 8 of the
  Passports Act (Chapter 17) and Section 13 of the Passport Application Form.

  8. Their conduct is contrary to the Oaths, Affirmations and Statutory
  Declarations Act (Chapter No. 317).

  Reference

  The facts relevant to this opinion are set out in 2.32 & 2.33.

  [3.16] FINDING No. 16

  In the opinion of the Ombudsman Commission, the conduct of CMO Mr Mataio Rabura
  and the Director Passport & Citizenship in accepting Mr Joko Tjandra’s change of name
  and date of birth on the Statutory Declaration and Deed Poll was wrong.

  Reasons

  1. Section 13 of Form 1 – Application for a Travel Document warns that ―Persons
  who, in support of an applicant for a passport, make any false statements either

  Findings of Wrong Conducts Page 67

• Page 87 of 131

• orally or in writing render themselves liable to a fine of K400.00 or imprisonment
  for six months‖.

  2. Mr Joko Tjandra provided false information in respect of his date of birth when he
  applied for his second PNG Passport i.e. his date of birth was changed from 27
  August 1951 to 27 September 1963.

  3. The change was endorsed by Lawyer Donald Foo as a Commissioner for Oaths. His
  conduct is in breach of the Oaths, Affirmations and Statutory Declarations
  Act (Chapter No. 317).

  Reference

  The facts relevant to this opinion are set out in 2.32.

  [3.17] FINDING No. 17

  In the opinion of the Ombudsman Commission, the conduct of the CMO Mr. Rabura,
  Director Passport & Citizenship and the Officers of the Passport Section in failing to
  retain and discard Joe Chan’s Passport No: B 330971 after it was recorded as ―cancelled‖
  on the TARDIS system was wrong.

  Reasons

  1. CMO Mataio Rabura stated during interview that the old passport should be cut or
  chipped at the edge and recorded in the TARDIS system as cancelled. The old
  passport should have been retained when he was issued with a new Passport No:
  C116701.

  2. Mr Joe Chan’s Passport No: B330971 was found to be in use 7 times after it was
  recorded as cancelled in the TARDIS system.

  Reference

  The facts relevant to this opinion are set out in 2.48, 2.49 and 2.50.

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• [3.18] FINDING No. 18

  In the opinion of the Ombudsman Commission, the conduct of the CMO Mr Rabura
  Mataio; the Officers of PNG ICSA Compliance and Border Section and the PNG
  Customs in allowing Mr Joe Chan to travel in and out of the country using two Passports
  interchangeably was wrong.

  Reasons

  1. Evidence proves to the Commission that Mr. Joe Chan had used two PNG
  Passports interchangeably between January and June 2014.

  2. Mr Joe Chan was issued Passport No: C116701 on 20 January 2014 because his
  Passport No: B330971 pages were used up. The Passport No: B330971 should
  have been retained when the new one was issued.

  3. Section 5 of the Passports Act (Chapter 17) specifies that the Minister or an
  officer authorized by the Minister may issue to a citizen, a Papua New Guinea
  passport.

  4. Section 8 (1) & (2) of the Act states that subject to Subsection (2), the Minister
  or an officer authorized by the Minister may, from time to time, renew a Papua
  New Guinea passport. A Papua New Guinea passport shall not be renewed if
  the space on it for entry permits is exhausted.

  Reference:

  The facts relevant to this opinion are set out in 2.49 and 2.50.

  Comments in respect of Mr Ray Paul‟s response

  Mr Ray Paul, Chief Commissioner of Customs‘ response to the Provisional Report are set
  out at [7.5] of this report and the Commission‘s comments in respect of the response are:

  1. The Commission acknowledges that the PNG Customs does not have the statutory
  role/mandate of implementing administrative systems or processes and procedures
  governing the granting of entry permits, granting of Citizenship by Naturalization and
  issuing of Passports that were purported to be issued by the legitimate authorities and
  were as such considered legitimate hence the clearance accorded for him to travel in
  and out of the country.

  2. In a letter dated 3rd September 2014 to the Ombudsman Commission, Chief
  Commissioner of Customs, Ray Paul stated the following:

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• Page 89 of 131

• PNG Customs performed exclusively Immigration Primary Line Function at the
  Border. That mainly involves the facilitation of passport checks and clearance of
  incoming passengers who have visas endorsed in their passports. However, when
  Customs encounter technical and complex immigration issues, it refers the same to
  the PNGICSA to deal with as the appropriate and mandated regulatory authority.

  PNG Customs has an Enforcement Division that has an intelligence database
  where Customs information is collected and stored for Customs purpose. The
  Customs Intelligence data had the following information regarding Joko Tjandra
  aka Joe Chan;

  1. On 21 July 2014, information received from New Caledonia Customs that a
  Papua New Guinea citizen has entered New Caledonia by plane and declared
  on arrival to be carrying SGD50, 000 and USD1, 000.

  2. The PNG Citizen‘s name was Joe Chan, holder of PNG Passport Number:
  C116701.

  3. Chan is an alias for international person of interest – Joko Soegiarto
  TJANDRA. TJANDRA has come under international scrutiny for corruption
  allegations in Indonesia and Papua New Guinea. He is currently on Interpol‘s
  Red Notice but has somehow escaped extradition.

  4. Prior to his current passport, Joe CHAN was issued a PNG Passport (Name:
  Joe Chan: PNG Passport Number: B330971) on June 7th, 2012 which has an
  expiry date of June 7th, 2017. It may be he has lost his passport and thus
  obtained the current one but his is not confirmed. CHAN is known to travel by
  private jet registration number N8989N which is owned by Bluesky Air Limited.

  5. CHAN has not committed any offence under the PNG Customs Act and is
  currently not under investigation. Assistance from Intelligence can be provided
  upon receipt of Requests for information which can be submitted.

  According to the above letter, Chief Commissioner Paul stated that ―PNG Customs
  has an Enforcement Division that has an intelligence database where Customs
  information is collected and stored for Customs purpose. The Customs Intelligence
  data had the following information regarding Joko Tjandra aka Joe Chan‖

  The letter confirms that PNG Customs intelligence was aware that Chan was an
  alias for ―International Person of Interest‖ (Joko Soegiarto Tjandra), who was on
  the Interpol‘s Red Notice.

  The letter also confirms that PNG Customs had information that ―Joe CHAN was
  issued a PNG Passport (Name: Joe Chan: PNG Passport Number: B330971) on
  June 7th, 2012 which has an expiry date of June 7th, 2017. It may be he has lost his
  passport and thus obtained the current one but is not confirmed. CHAN is known
  to travel by private jet registration number N8989N which is owned by Bluesky Air
  Limited.

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• Page 90 of 131

• PNG Customs also had information that PNG Citizen‘s Joe Chan, was a holder of
  PNG Passport Number: C116701.

  Although the PNG Customs particularly the Customs Intelligence Unit had the
  information about Joe Chan aka Joko Soegiarto Tjandra, no one bothered to check
  with the PNG ICSA to confirm why this POI (person of interest) had two passports
  which he uses interchangeably.

  Findings of Wrong Conducts Page 71

• Page 91 of 131

• 4. RECOMMENDATIONS

  [4.1] LEGAL FRAMEWORK FOR MAKING RECOMMENDATIONS

  As indicated in Chapter 1, the general purpose of this investigation is to determine whether
  any of the conduct under investigation was wrong, or whether any laws or administrative
  practices were defective.

  The Commission is expressly authorized to form such opinions by Section 22(2) of the
  Organic Law on the Ombudsman Commission.

  If, after making its investigation, the Commission comes to the conclusion that some of the
  conduct was wrong or that any law or administrative practice was defective, it is
  authorized to make recommendations. Such recommendations are made under Section
  22(2) of the Organic Law on the Ombudsman Commission.

  Section 22(2) OLOC:

  If in any case to which this section applies the Commission is of the opinion that any service,
  body, person or other appropriate authority should –

  (a) consider the matter further; or
  (b) take certain specific action; or
  (c) modify or cancel any administrative act; or
  (d) alter any regulation or ruling; or
  (e) explain more fully any administrative act; or
  (f) do any other thing,

  the Commission shall report its opinion and the reasons for its opinion, to the Minister
  responsible for the relevant service, body or person and to the Permanent Head or statutory
  head responsible for the service, body or person, and may refer the matter to the Public
  Prosecutor if action by him is warranted and may make such recommendations as it thinks fit.

  In this chapter, the recommendations are made based on the findings of wrong conduct and
  defective administration referred to earlier in the report. Each recommendation is set out
  as follows:

  o The recipients (i.e. the persons to whom the recommendations are directed) are
  identified.

  o The main reason for making the recommendation, are stated.

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• [4.2] RECOMMENDATIONS CONCERNING PARTICULAR
  INDIVIDUALS
  We recommend that some individuals have their continuing public employment carefully
  reviewed. The Ombudsman Commission is of the opinion that holders of public offices
  must continue at all times to be accountable for their actions, even if they have left the
  position in which they were found to have committed the wrong conduct and are
  occupying new positions.

  [4.3] RECIPIENTS OF RECOMMENDATIONS
  When we make recommendations we are obliged by Section 22(2) of the Organic Law on
  the Ombudsman Commission to identify the service, body, person or other appropriate
  authority that has to carry them out.

  We are also obliged by Section 22(2) of the Organic Law on the Ombudsman Commission
  to report our recommendations to both the Minister and, if appropriate, the permanent or
  statutory head responsible for the service, body or person who has to carry out the
  recommendations.

  In relation to each recommendation made in this Chapter, recipients of the
  recommendations are listed as follows:

  first, the service, body or person we are asking to do things is identified;
  secondly, the Minister responsible for that service, body or person is identified;
  thirdly, if appropriate, the permanent or statutory head responsible for that
  service, body or person is identified.

  [4.4] RESPONSIBLE MINISTERS
  Section 148 of the Constitution provides that each department, section, branch or function
  of government must be the political responsibility of a Minister. The Prime Minister has
  the power to determine the titles, portfolios and responsibilities of the Ministers.

  At the time of the preparation of this report, the service, body or persons to whom specific
  recommendations are being directed were the responsibility of the Ministers set out in the
  table below.

  [4.5] MINISTERS RESPONSIBLE FOR FOLLOWING UP
  IMPLEMENTATION OF RECOMMENDATIONS

  Minister for Foreign Affairs & Immigration
  Minister for Justice & Attorney General

  In the event that the title or responsibilities of the Minister changes, after the date of this
  report, the responsibility of notifying the Ombudsman Commission on the steps being
  taken to give effect to its recommendations will pass to the Minister, who from time to
  time, has political responsibility for the services, bodies or persons who received our
  recommendations.

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• Page 93 of 131

• [4.6] DUTIES OF RECIPIENTS OF RECOMMENDATIONS
  The fact that our opinions on things to be done are expressed in the form of
  ―recommendations‖ does not mean that recipients are entitled to ignore them.

  Each recipient is required under Section 22(3) of the Organic Law on the Ombudsman
  Commission to notify the Ombudsman Commission in writing within 30 days after the day
  of the service of the report, of the steps proposed to be taken to give effect to our
  recommendations.

  Section 22(3) states:
  If the Commission so requests, the responsible Minister, Permanent Head or statutory head as
  the case may be, shall, within such period as is specified by the Commission, notify the
  Commission as to the steps (if any) that he proposes to take to give effect to its
  recommendations.

  Accordingly, there is a duty placed on each recipient of a recommendation to notify the
  Commission; and if it is proposed not to implement any recommendation, there is a further
  duty to give cogent and convincing reasons why the recommendations cannot or should not
  be implemented. These duties arise due to the combined effect of the Constitution and the
  Organic Law on the Ombudsman Commission.

  A failure to comply with these duties may result in the Ombudsman Commission
  commencing enforcement proceedings in the National Court pursuant to Section 23 of the
  Constitution.

  [4.7] RECOMMENDATIONS

  Recommendation No.1

  The Ombudsman Commission recommends that the Chief Migration Officer (CMO)
  ensures strict compliance with the relevant laws, regulations and guidelines
  regulating the processing of application for Entry Permits.

  Recipients

  1. Chief Migration Officer
  2. Migration Officers

  Reasons

  1. APEC Cards are issued with a validity of 3 years. In February and June 2009, two
  APEC Business Travel Card Permits were improperly issued to Joko Tjandra
  contrary to relevant laws, regulation and procedures.

  2. Facts relevant to the recommendation are set out at [2.5] and [2.7].

  Recommendations Page 74

• Page 94 of 131

• Recommendation No 2

  The Ombudsman Commission recommends that the Chief Migration Officer (CMO)
  take disciplinary actions on Immigration Officers Mr Joseph Nobetau and Mrs
  Delilah Madao So-osane for failing to comply with the relevant laws, regulations and
  guidelines when they processed Mr Joko Tjandra’s application for Permanent
  Resident Permit on 28 June 2011.

  1. A Permanent Resident Permit was issued to Mr Joko Tjandra contrary to relevant
  laws, regulations and procedures. Facts relevant to the recommendation are set out
  at [2.11] and [2.12].

  2. The then Minister for Foreign Affairs Hon Ano Pala’s, conduct in exercising his
  discretionary powers under Section 20 of the Migration Act (Chapter 16) was
  wrong. Facts relevant to the recommendation are set out at [2.11] and [2.12].

  Recommendation No 3

  The Ombudsman Commission recommends that the Minister for Foreign Affairs &
  Immigration ensures strict compliance of the relevant laws, regulations and
  administrative procedures involved in granting Long Term Residence (Permanent
  Residence) Entry Permit.

  Recipients

  1. Minister for Foreign Affairs & Immigration
  2. Chief Migration Officer
  3. Migration Officers

  Reasons

  1. The then Minister for Foreign Affairs Hon Ano Pala gave directives and
  instructions to issue PR Permit to Mr Joko Tjandra contrary to the relevant laws,
  regulations and procedures was wrong. Facts relevant to the recommendation are
  set out at [2.11] and [2.12].

  Recommendation No 4

  That the Ombudsman Commission recommends that the Minister for Foreign Affairs
  & Immigration commence action to amend Section 20 of the Migration Act as it is
  deem to be defective and is subject to potential abuse.

  Recipients

  1. Minister for Foreign Affairs & Immigration
  2. Chief Migration Officer

  Recommendations Page 75

• Page 95 of 131

• Reasons

  1. The then Minister for Foreign Affairs Hon Ano Pala’s conduct in giving directives
  and instructions to issue PR Permit to Mr Joko Tjandra contrary to relevant laws,
  regulation and procedures was wrong. Facts relevant to the recommendation are
  set out at [2.11] and [2.12].

  2. The then Minister for Foreign Affairs Hon Ano Pala’s reasons for exercising his
  discretionary powers under Section 20 of the Migration Act (Chapter 16) was
  wrong. Facts relevant to the recommendation are set out at [2.11] and [2.12].

  Recommendation No. 5

  The Ombudsman Commission recommends that the Chief Migration Officer ensures
  strict compliance of the relevant laws, regulations and administrative processes and
  guidelines in making recommendations for Citizenship.

  Recipients

  1. Chief Migration Officer
  2. Migration Officers
  3. Citizenship Advisory Committee (CAC)

  Reasons

  1. The Chief Migration Officer Mr Mataio Rabura had supported the granting of
  Citizenship by Naturalization to Mr Joko Tjandra knowing that the applicant did not
  meet Constitutional requirements and had adverse records against his name. Facts
  relevant to the recommendation are set out at [2.14], [2.16], [2.17], [2.23] and [2.24].

  2. The then CAC Chairman Hon Matthew Poia MP failed to reconvene another meeting
  to deliberate on the reference letter from Commodore (Retd) Peter Ilau Ambassador to
  Indonesia before advising the Minister for Foreign Affairs of the CAC’s decision.
  Facts relevant to the recommendation are set out at [2.25] and [2.27].

  Recommendation No. 6

  The Ombudsman Commission recommends that the Minister for Foreign Affairs &
  Immigration ensures that the relevant Laws, Regulations and guidelines regulating
  the granting of Citizenship be strictly complied with.

  Recipients

  1. Minister for Foreign Affairs & Immigration
  2. Chief Migration Officer
  3. CAC Secretariat

  Recommendations Page 76

• Page 96 of 131

• Reasons

  1. The granting of Citizenship by Naturalization to Mr Joko Tjandra by the then
  Minister for Foreign Affairs & Immigration was not based on the relevant laws,
  regulations and guidelines. The evidence provided by the CAC Secretariat to assist
  the CAC deliberate on Mr Tjandra’s application for citizenship was disregarded by
  two members of the CAC.

  2. The Recommendations by the CAC were also ignored by the then Minister Hon
  Ano Pala, MP when he granted Citizenship by Naturalization to applicant Mr Joko
  Tjandra.

  3. Hon Ano Pala’s reasons for approving and granting of Citizenship by
  Naturalization to Mr Joko Tjandra which were not based on evidence or laws
  governing the granting of Citizenship by Naturalization.

  4. Facts relevant to this recommendation are set out at [2.14], [2.15], [2.16] [2.23]
  [2.26] and [2.28].

  Recommendation No.7

  The Ombudsman Commission recommends that Hon. Ano Pala, MP be referred to
  the Ombudsman Commission Leadership Division for misconduct in Office.

  Recipients

  1. Chief Ombudsman
  2. Director – Leadership Division, Ombudsman Commission

  Reasons

  1. The granting of Citizenship by Naturalization to Mr Joko Tjandra by the then
  Minister for Foreign Affairs & Immigration was not based the relevant laws,
  regulations, guidelines and nor the evidence provided by the CAC.

  2. The evidences that were gathered by the CAC Secretariat to assist the CAC
  deliberate the Mr Joko Tjandra’s application for citizenship was disregarded by two
  members of the CAC. Facts relevant to this recommendation are set out at [2.14],
  [2.15], [2.16].

  3. The Recommendations by the CAC was ignored by the then Minister Hon Ano
  Pala, MP when he granted Citizenship by Naturalization to applicant Mr Joko
  Tjandra. Facts relevant to this recommendation are set out at [2.23].

  4. The then Minister for Foreign Affairs Hon Ano Pala’s reasons for approving and
  granting Citizenship by Naturalization to Mr Joko Tjandra were not based on

  Recommendations Page 77

• Page 97 of 131

• evidence or laws regulating the granting of Citizenship by Naturalization. Facts
  relevant to this recommendation are set out at [2.28].

  5. The then Minister for Foreign Affairs Hon Ano Pala’s reasons for exercising his
  discretionary powers under Section 20 of the Migration Act (Chapter 16) was
  wrong. Facts relevant to the recommendation are set out at [2.11] and [2.12].

  6. Hon Ano Pala misapplied and wrongfully exercised the powers under section 20
  Migration Act and section 67 (1) Constitution which requires that the Minister may
  if he is satisfied as to the matters referred to in subsection (2), grant or refuse the
  application. In this case, it is a discretionary matter for the Minister, however
  simultaneously it leaves it open to possible abuse by persons in authority and
  especially when a compulsory act is required under section 20 Migration Act.
  Therefore there is a need to amend section 20 of the Migration Act to maintain
  fairness and control the use of such powers.

  Recommendation No. 8

  The Ombudsman Commission recommends that the Minister responsible for
  Citizenship commence actions under Section 70 (2) of the Constitution to cancel Mr
  Joko Tjandra’s citizenship.

  Recipients

  1. Minister for Foreign Affairs
  2. Minister for Justice & Attorney General
  3. Secretary – Department of Justice & Attorney General
  Reasons
  1. Section 67(1) of the Constitution states that a person who has resided continuously
  in the country for at least eight years may apply to the Minister responsible for
  citizenship matters to be naturalized as a citizen.

  2. Section 67(2) of the Constitution stipulates the mandatory eligibility criteria an
  applicant must meet. The applicant Mr Joko Tjandra failed to meet these
  constitutional requirements.

  3. The letter confirming Mr Tjandra’s acquittal by an Indonesian Court had not been
  received. The CAC relied heavily on the letter by PNG’s own Ambassador to
  Indonesia Commodore Peter Ilau. No letter from an Indonesian authority was
  received or used by the CAC.

  Recommendations Page 78

• Page 98 of 131

• Recommendation No.9

  The Ombudsman Commission recommends that the Secretary for NEC ensures
  proper information storage of accounts and records of all NEC proceedings whether
  compiled, recorded or stored in a disc, tape or other devices capable of storing
  information.

  Recipients

  1. Secretary for National Executive Council (NEC)
  2. Chief Secretary – Department of Prime Minister & NEC

  Reasons

  1. Evidence proves that there were discrepancies in the write up of the NEC Decisions
  No.31/2013.

  2. Evidence also proves that the NEC Secretariat does not have proper recording and
  storage of the NEC deliberations.

  3. The NEC is a very important government body that makes very important decision
  regarding the affairs of the Country and all its proceedings should be properly
  recorded and maintained for accuracy, accountability, transparency and audit
  purposes.

  4. Facts relevant to this recommendation are set out at [2.40] and [2.41].

  Recommendation No.10

  The Ombudsman Commission recommends that the Chief Migration Officer Mr
  Mataio Rabura be referred to the Ombudsman Commission for failing to
  exercise/perform his duties competently when he allowed Mr Joko Tjandra to be
  issued two PNG Passports which he used interchangeably

  Recipients

  1. Chief Migration Officer
  2. Migration Officers

  Reasons

  1. The PNG ICSA failed to comply with the procedures entailed in the Passport
  Application Forms when they issued PNG Passport No. B328500 to Mr Joko
  Tjandra. Facts relevant to this recommendation are set out at [2.29] and [2.31].

  2. The PNG ICSA had issued PNG Passport No. B330971 to Mr Joko Tjandra alias
  Joe Chan without complying with the procedures entailed in the Passport

  Recommendations Page 79

• Page 99 of 131

• Application Forms. Facts relevant to this recommendation are set out at [2.32] and
  [2.33].

  3. The Chief Migration Officer Mr Mataio Rabura’s conduct in authorizing Mr Joko
  Tjandra’s request for change of name and date of birth was unlawful and contrary
  to the procedures entailed in the Passport Application Forms. Facts relevant to this
  recommendation are set out at [2.29] and [2.31].

  4. The PNG ICSA failed to retain and discard Mr Joe Chan’s Passport No. B330971
  when he was issued Passport No. C116701. Facts relevant to this recommendation
  are set out at [2.32], [2.48],[2.49] and [2.50].

  5. The PNG ICSA had unlawfully allowed Joe Chan to have two PNG Passports and
  was allowed to use both passports interchangeably. Facts relevant to this
  recommendation are set out at [2.49].

  Recommendation No.11

  The Ombudsman Commission recommends that the Chief Migration Officer be
  referred to the Police Fraud Squad for fraudulently assisting in facilitating the issuing
  of PNG Passports to Mr Joko Tjandra under his new name of Joe Chan.

  Recipients

  1. Minister for Foreign Affairs
  2. Migration Officers

  Reasons

  1. The PNG ICSA had issued PNG Passport No. B330971 to Mr Joko Tjandra alias
  Joe Chan without complying with the procedures entailed in the Passport
  Application Forms. Facts relevant to this recommendation are set out at [2.32] and
  [2.33].

  2. The Chief Migration Officer Mr Mataio Rabura’s conduct in authorizing Mr Joko
  Tjandra’s request for change of name and date of birth was unlawful and contrary
  to the procedures entailed in the Passport Application Forms. Facts relevant to this
  recommendation are set out at [2.29] and [2.31].

  3. Mr Aquila Sampson in his response, he categorically denied having any knowledge
  of the alleged consultation referred to by CMO Mr Rabura in the Memo of the 07
  June 2012.
  4. Mr Sampson also denied having received any instruction from CMO Mr Rabura
  regarding the legality or otherwise of Mr Joko Tjandra’s two statutory declarations
  on the change of name.

  Recommendations Page 80

• Page 100 of 131

• Recommendation No.12

  The Ombudsman Commission recommends that the Minister responsible for
  Passport commence actions under Section 12 (1) (2) of the Passport Act to cancel Mr
  Joe Chan’s Passport No. B330971 and Passport No. C116701.

  Recipients

  1. Minister for Foreign Affairs
  2. Chief Migration Officer
  3. Migration Officers

  Reasons

  1. Mr Joko Tjandra was unlawfully granted Citizenship by Naturalization. Facts
  relevant to this recommendation are set out at [2.14] [2.16], [2.17] [2.22] and
  [2.26].

  2. The PNG ICSA failed to comply with the procedures entailed in the Passport
  Application Forms when they issued PNG Passport No. B328500 to Mr Joko
  Tjandra. Facts relevant to this recommendation are set out at [2.29] and [2.31].

  3. The PNG ICSA issued PNG Passport No. B330971 to MrJoko Tjandra without
  complying with the procedures entailed in the Passport Application Forms. Facts
  relevant to this recommendation are set out at [2.32] and [2.33].

  4. The Chief Migration Officer Mr Mataio Rabura’s conduct in authorizing Mr Joko
  Tjandra’s request for change of name and date of birth was unlawful and contrary
  to the procedures entailed in the Passport Application Forms. Facts relevant to this
  recommendation are set out at [2.29] and [2.31] and response from Mr Aquila
  Sampson at set out [7.3].

  5. The PNG ICSA failed to retain and discard Joe Chan’s Passport No. B330971 when
  he was issued Passport No. C116701. Facts relevant to this recommendation are
  set out at [2.32], [2.48],[2.49] and [2.50].

  6. The PNG ICSA had unlawfully allowed Mr Joe Chan to have two PNG Passports
  and was allowed to use both passports interchangeably. Facts relevant to this
  recommendation are set out at [2.49] and [2.50].

  Recommendations Page 81

• Page 101 of 131

• Recommendation No.13

  The Ombudsman Commission recommends that:

  1. The Chief Migration Officer develop effective communication and engagement
  mechanism between the PNG ICSA and PNG Customs to promote a concerted
  and transparent efforts towards dealing with Persons of Interest (POI) and
  combating transnational crimes.

  2. The Chief Migration Officer device or embrace new Border Management
  System (BMS) that is effective and can integrate with other existing systems to
  promote efficiency in enforcements against transnational crimes.

  Recipients
  1. Minister for Foreign Affairs
  2. Chief Migration Officer
  3. Chief Commissioner for Customs
  Reasons
  1. The PNG ICSA failed to retain and discard Mr Joe Chan’s Passport No. B330971
  when he was issued Passport No. C116701. Facts relevant to this recommendation
  are set out at [2.32], [2.48],[2.49] and [2.50].

  2. The PNG ICSA had improperly and unlawfully allowed Mr Joe Chan to have two
  PNG Passports and was allowed to use both passports interchangeably. Facts
  relevant to this recommendation are set out at [2.49] and [2.50].

  3. The Chief Commissioner of Custom Mr Ray Paul response to the Provisional
  Report which is self-explanatory is set out at [7.5].

  Recommendations Page 82

• Page 102 of 131

• 5. CONCLUSION

  Good and desirable governance of public institutions, as well as the nation is dependent
  upon sound management and decisions being made by those placed in responsible
  positions. Good public officials and managers understand their roles and responsibilities
  and perform their duties within the ambit of the law that governs their conduct. Public
  officials who are empowered by law to make decisions that will affect the lives of
  individuals must ensure that they carry out their duties in good faith and in compliance
  with the laws.

  Public officials must exercise due diligence, honesty and dedication in the work they are
  entrusted with. Inconsistency in decision-making or no proper supervision over
  subordinates creates doubts in the mind of the public that the decision maker has been
  influenced by outside sources and forces not conducive to good governance and
  accountability. Hence, professional negligence by public officials must be dealt with
  seriously.

  Some characteristics of good governance necessary to eliminate bad administration
  practices include honesty; diligence; consistency; competency; compliance with
  established laws and procedures; and standing up to political interference.

  The Report highlights the irregularities and non-compliance of the relevant laws,
  regulations and procedures in regulating the issue of Permanent Resident Permit,
  Citizenship by Naturalization and Passports to Joko Tjandra alias Joe Chan.

  The Ombudsman Commission considered the circumstances of this case and requests
  through this Report that the Minister for Foreign Affairs, the Chief Migration Officer and
  Minister for Justice & Attorney General to whom we have directed our recommendations
  to, carefully and conscientiously consider our recommendations and implement them
  without delay.

  Port Moresby
  18 October 2017

  Conclusion Page 83

• Page 103 of 131

• 6. RELEVANT LAWS

  The following Legislation contains several sections relevant to this particular investigation.

  Constitution

  Migration Act and Migration Regulation (Chapter 16)

  Citizenship Act and Citizenship Regulation (Chapter12)

  Passport Act and Passport Regulation (Chapter 17)

  Immigration and Citizenship Service Act 2010

  [6.1] CONSTITUTION OF THE INDEPENDENT STATE OF PAPUA
  NEW GUINEA

  The PNG Immigration and Citizenship Service Authority is a government body under the
  meaning Schedule 1.2 of the Constitution which states:

  ―governmental body‖ means-

  (a) the National Government; or

  (b) a provincial government; or

  (c) an arm, department, agency or instrumentality of the National Government; or

  (d) a body set up by statute or administrative act for governmental or official
  purposes;

  Section 218 of the Constitution states the purposes of the establishment of the Ombudsman
  Commission which are –

  (a) to ensure that all governmental bodies are responsive to the needs and aspirations of
  the People; and

  (b) to help in the improvement of the work of governmental bodies and the elimination
  of unfairness and discrimination by them; and

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• (c) to help in the elimination of unfair or otherwise defective legislation and practices
  affecting or administered by governmental bodies; and

  (d) to supervise the enforcement of Division III.2 (leadership code).
  Section 219 of the Constitution lists the functions of the Ombudsman Commission. The
  first of these functions is:

  (a) to investigate, on its own initiative or on complaint made by a person affected, any
  conduct on the part of-
  … (any governmental body or an officer or employee of any such body)
  specified by or under an Organic Law in the exercise of a power or function vested
  in it or him by law in cases when the conduct is or may be wrong, taking into
  account amongst other things, the National Goals and Directive Principles…

  Section 148 of the Constitution is concerned with the functions and responsibilities of
  Ministers.

  (1) Ministers (including the Prime Minister) have such titles, portfolios and
  responsibilities as are determined from time to time by the Prime Minister.

  (2) Except as provided by a Constitutional Law or an Act of the Parliament, all
  departments, sections, branches and functions of the Prime Minister is politically
  responsible for any of them that are not specifically allocated under this section.

  (3) Subsection (2) does not confer on a Minister any power of direction or control.

  Section 67 of the Constitution – Citizenship by naturalization

  (1) A person who has resided continuously in the country for at least eight years may
  apply to the Minister responsible for citizenship matters to be naturalized as a
  citizen, and the Minister may, if he is satisfied as to the matters referred to in
  Subsection (2), in his deliberate judgment (but subject to Division 4 (Citizenship
  Advisory Committee)), grant or refuse the application.

  (2) To be eligible for naturalization, a person must—
  (a) be of good character; and
  (b) intend to reside permanently in the country; and
  (c) unless prevented by physical or mental disability, speak and understand
  Pisin or Hiri Motu, or a vernacular of the country, sufficiently for normal
  conversational purposes; and
  (d) have a respect for the customs and cultures of the country; and
  (e) be unlikely to be or become a charge on public funds; and

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• (f) have a reasonable knowledge and understanding of the rights, privileges,
  responsibilities and duties of citizenship; and
  (g) subject to Section 64, renounce, in such manner as is prescribed by or under
  an Act of the Parliament, any other citizenship and make the Declaration of
  Loyalty.

  (3) If an applicant for naturalization so requests, any child of the applicant who is
  under voting age at the time when the applicant is naturalized becomes a citizen by
  naturalization on the naturalization of the applicant.

  Section 68 of the Constitution. Special provisions relating to naturalization.

  (1) A person who is eligible to become a citizen under Section 67(1) (citizenship by
  naturalization) and holds an executive office by virtue of being a member of an
  elective body shall cease to hold that office at the expiration of a period of two
  months after Independence Day unless within that time he makes application under
  that section to be naturalized and that application is granted.

  (2) Without limiting the matters that may be taken into account in deciding on the
  application for naturalization, under Section 67 (citizenship by naturalization) the
  following matters shall be taken into account in deciding on an application that is
  made during the first eight years after Independence Day:—
  (a) if the applicant is a person to whom Section 65(4) (automatic citizenship on
  Independence Day) applies, whether he acquired the right of permanent residence
  in Australia or became an Australian citizen otherwise than by reason of a
  voluntary act (other than marriage) on his part; and
  (b) whether the applicant has at any time accepted pay and conditions of employment
  that were not in general applicable—
  (i) before Independence Day, to persons who qualify or would, if they had
  survived to that day, have qualified for citizenship under Section 65
  (automatic citizenship on Independence Day); or
  (ii) after Independence Day, to citizens; and
  (c) whether the major part of the investment and business interests of the applicant are
  and have been in the country; and
  (d) whether the applicant is or has been married to a citizen or to a person who, if he
  had survived to Independence Day, would have been, or would have been entitled
  to become, a citizen, and the nature of the family ties of the applicant; and
  (e) the length and nature of the residence of the applicant in the country; and
  (f) any performance by the applicant of services beneficial to Papua New Guinea or its
  people; and
  (g) any sacrifices made by the applicant in the interests of Papua New Guinea or its
  people; and

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• (h) the applicant’s knowledge of Pisin or Hiri Motu or of a vernacular of the country;
  and
  (i) whether or not the application of the applicant includes the children (if any) under
  voting age of the applicant; and
  (j) any references given as to the good character and suitability for citizenship of the
  applicant; and
  (k) the place of birth and the parentage of the applicant.

  (3) Notwithstanding anything in a Constitutional Law, a benefit, right or privilege,
  directly or indirectly, conferred upon “Papua New Guineans” or “natives” or “local
  persons” or “non-overseas persons” or “citizens” (where that term is to take effect
  after the making of a law relating to citizenship) by any pre-Independence law shall
  continue to be enjoyed only by persons who became citizens of Papua New Guinea
  under Section 65 (automatic citizenship on Independence Day) but only—
  (a) for a period of ten years after Independence Day; or
  (b) until an Act of the Parliament takes away that benefit, right or privilege,
  whichever first occurs.

  (4) Notwithstanding anything in a Constitutional Law, during the five years after
  Independence Day only persons who become citizens of Papua New Guinea under
  Section 65 (automatic citizenship on Independence Day) shall have the rights
  conferred by Section 53 (protection from unjust deprivation of property) except that
  during this period the rights of a person who becomes a citizen otherwise than
  under Section 65 (automatic citizenship on Independence Day) in respect of his
  property shall not be less than those accorded by law to non-citizens.

  (5) Notwithstanding anything in a Constitutional Law, but subject to Subsection (6), an
  Act of the Parliament made in the period of ten years after Independence Day may
  confer a benefit, right or privilege on persons who became citizens of Papua New
  Guinea under Section 65 (automatic citizenship on Independence Day).

  (6) An Act of the Parliament referred to in Subsection (5)—
  (a) shall not derogate the rights conferred by Sections 32 to 58 (basic rights)
  except the rights conferred by Section 55 (equality of citizens); and
  (b) shall be for the purpose of giving advantage or assistance to persons who
  become citizens of Papua New Guinea under Section 65 (automatic
  citizenship on Independence Day).

  Section 69 of the Constitution – Application for naturalization

  (1) Subject to Subsection (2), an application for naturalization under Section 67
  (citizenship by naturalization) must be made—

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• (a) in the case of a person who has resided continuously in the country for eight
  years or more before Independence Day—within two months after
  Independence Day; and
  (b) in the case of any other person—within two months after the completion by
  him of eight years continuous residence in the country.

  (2) Where in his opinion it is just to do so, the Minister responsible for citizenship
  matters may in his deliberate judgment, (but subject to Division 4 (Citizenship
  Advisory Committee)) extend the periods referred to in Subsection (1) where he is
  satisfied that—
  (a) the person was unaware of the provisions of Subsection (1); or
  (b) there are special circumstances.

  Division 3.— Loss and Regaining of Citizenship.

  Section 70 of the Constitution Automatic loss of citizenship.

  (1) Subject to Section 64, a citizen who has reached voting age and is of full capacity
  who—
  (a) obtains the nationality or citizenship of another country by a voluntary act
  (other than marriage); or
  (b) exercises a right that is exclusive to nationals or citizens of another country,
  unless the Minister responsible for citizenship matters is satisfied that the
  right was exercised inadvertently; or
  (c) takes an oath or makes a declaration or affirmation of allegiance to another
  country or to the Sovereign or Head of State of another country; or
  (d) does, agrees to or adopts any act (other than marriage) by which he becomes
  a national or citizen of another country; or
  (e) enters or serves in the armed forces of another country, except with the
  express approval of the Head of State, acting with, and in accordance with,
  the advice of the National Executive Council; or
  (f) except as permitted by an Act of the Parliament, votes in a national,
  provincial, state or local election, or accepts elective office, of another
  country; or
  (g) subject to Subsection (3), travels under the protection of a passport or
  purported passport of another country in which he is described as a citizen
  or national of that country, loses his citizenship.

  (2) A person who is found by a court to have obtained citizenship by a false
  representation, fraud or concealment of a material fact on his part loses his
  citizenship, unless the Minister responsible for citizenship matters is satisfied that
  the offence was of a minor nature and that revelation of the true fact would not have
  affected the grant of naturalization.

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• (3) Subsection (1)(g) does not apply to—
  (a) a person who is absent from the country on Independence Day, who
  continues to travel under the protection of a passport of another country, but
  only until—
  (i) the expiration of the then-current period of validity of the passport; or
  (ii) his return to the country,
  whichever first happens; or
  (b) a person travelling under the protection of the passport of a parent or
  guardian; or
  (c) a person travelling under the protection of a passport of another country
  with the approval of the Minister responsible for citizenship matters.

  Section 71 of the Constitution Acts done under compulsion of law.

  The preceding provisions of this Division do not apply to any act done under compulsion
  of law of another country.

  Section 72 of the Constitution – Renunciation of citizenship.

  (1) Subject to Subsections (2) and (3), a citizen who has reached voting age and is of
  full capacity may renounce his citizenship in such manner and on such conditions
  as are prescribed by or under an Act of the Parliament.

  (2) A person may not renounce his citizenship unless—
  (a) he already holds some other nationality or citizenship; or
  (b) the renunciation is for the purpose of his obtaining some other nationality or
  citizenship.

  (3) During a time of war, citizenship may not be renounced without the prior consent
  of the Minister responsible for citizenship matters.

  [6.2] MIGRATION ACT (CHAPTER 16)

  Being an Act to repeal and re-enact the law relating to entry into the country.

  1. Compliance with Constitutional requirements.

  (1) This Act, to the extent that it regulates or restricts a right or freedom referred to in
  Subdivision III.3.C (qualified rights) of the Constitution, namely—

  (a) the freedom from arbitrary search and entry conferred by Section 44 of the
  Constitution; and
  (b) the right to privacy conferred by Section 49 of the Constitution; and

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• (c) the right to liberty of the person conferred by Section 42 of the Constitution,
  is a law that is made for the purpose of giving effect to the public interest in
  public order and public welfare.

  (2) For the purposes of Section 29 of the Organic Law on Provincial Government, it is
  declared that this law relates to a matter of national interest.

  2. Interpretation.

  In this Act, unless the contrary intention appears—
  “entry” means—
  (a) in the case of a person arriving in the country by sea or air at a proclaimed
  port—leaving the precincts of that port; and
  (b) in the case of any other arrival in the country—entry into the country by
  land, sea or air, but does not include an entry—
  (c) made for the purposes of complying with this Act; or
  (d) expressly or impliedly sanctioned by an officer for the purposes of an
  enquiry or detention under this Act;
  “entry permit” means an entry permit issued under Section 4—
  (a) which has not expired, been cancelled or become invalid; and
  (b) which was not obtained or issued in consequence of fraud or
  misrepresentation or the concealment or non-disclosure, whether intentional
  or inadvertent, of a material fact or circumstance;
  “holder” means, in relation to an entry permit, a person permitted by that entry permit to
  enter the country;

  4. Issue of entry permit.

  (1) A person seeking an entry permit shall apply for it in the prescribed manner.
  (2) An officer or authorized person, on receipt of an application made under Subsection
  (1), may issue an entry permit.
  (3) An entry permit may be issued to a person before he has entered the country or
  after he has entered the country.

  5. Conditions of entry.

  An officer or authorized person may—

  (a) issue an entry permit subject to conditions; and
  (b) during the currency of an entry permit—
  (i) make it subject to conditions; and
  (ii) vary or cancel conditions to which it is subject.

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• 20. Exemptions.

  The Minister may, by instrument under his hand, exempt—
  (a) a person or a class or description of persons; or
  (b) a conveyance or class or description of conveyance,
  either absolutely or conditionally, from all or any of the provisions of this Act.

  [6.3] MIGRATION REGULATION (CHAPTER 16)

  1. Application for entry permit or extension of entry permit.
  A person seeking an entry permit shall—
  (a) complete an application form prescribed by the Chief Migration
  Officer;
  and
  (aa) in the case of an APEC Business entry permit, complete an
  application containing such details as required by an
  authorized officer; and
  (b) send the application to an authorized officer together with—
  (i) his passport; and
  (ii) the prescribed fee for an entry permit for the purpose for
  which his application is made.
  (2) An applicant for an entry permit for long term residence shall—
  (a) be a holder of a current valid foreign passport; and
  (b) be a holder of a current valid entry permit issued under this
  Regulation; and
  (c) be normally resident in Papua New Guinea; and
  (d) have a working knowledge of English or any one of the languages
  spoken in Papua New Guinea; and
  (e) be of good character and of good standing in the community where
  the applicant normally resides; and
  (f) not have been convicted of an offence and sentenced, by a court of
  competent jurisdiction in Papua New Guinea or outside of Papua
  New Guinea to imprisonment for a term greater than three months;
  and
  (g) provide documentary evidence that the applicant is in one of the
  class of persons specified in Section 2(3) ; and
  (h) where the applicant is a class of persons referred to in Section
  2(3)(a) and (c), include a certificate from the appropriate authority
  permitting a foreign enterprise to conduct business in Papua New
  Guinea.
  (i) lodge his application which shall be personally approved by the
  Minister on the recommendation of the Chief Migration Officer.
  2. Grant of entry permit.

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• (1) Subject to Subsections (2) and (3), an entry permit shall be—
  (a) in Form 2 and shall be stamped in the holder’s passport; or
  (aa) in the case of an entry permit for long term residence, in
  Form 2 and shall be stamped in the holder’s passport; or;
  (ab) in the case of an APEC Business entry permit, in the form of
  an APEC Business Travel Card issued by the holder’s country and
  endorsed for entry into Papua New Guinea by an authorized officer;
  or
  (b) where the entry permit is issued subject to conditions with or without a
  statement of the purpose for which it is issued in Form 3 and may be
  stamped in the holder’s passport.

  (2) An entry permit shall be granted, in the case of—
  (a) a tourist/visitor (including the owner/captain or members of the crew of a
  yacht)— for 60 days; and
  (b) a non-resident business visitor—for 12 months with each visit within that
  period not to exceed 60 days without further extensions beyond the 60 day stay
  period with each entry permit granted offshore
  (b) a resident in employment and a non-working spouse of a resident in
  employment—

  for a period of three months to three years to accord with the period of
  employment
  and shall be valid for multiple entries; and
  (ca) an APEC Business entry permit—for three years, with each visit
  within that period, not to exceed 60 days, and may be valid for multiple entries;
  and
  (c) a consultant or specialist—for a period not exceeding three months and may
  be valid for multiple entries; and

  (d) a person determined by the Minister to be in a special category of persons—
  for a

  period of one to four years
  (g) a Work and Holiday Entry Permit — for a period as agreed in accordance
  with arrangements as determined by the Memorandum of Understanding (MOU)
  signed between Papua New Guinea and Australia effective only for the duration of
  the MOU or unless revoked by either party, whichever occurs earlier and if the
  MOU is not signed, or at any time revoked, that entry permit ceases to be valid.

  (3) An entry permit for long term residence may be granted to a person—
  (a) who has majority ownership of a business investment in a registered
  resident
  business for at least five years:-

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• (i) with funds totaling at least K2,000,000.00; and
  (ii) with funds in property investments with a net value of at least K
  10,000,000.00; in Papua New Guinea as evidenced by certified
  documentation.
  (b) a person who is a skilled professional who is a medical doctor, specialist or
  educationist requiring tertiary level education qualifications and has worked
  in that
  professional field in Papua New Guinea for at least five years; or
  (c) . . . [Repealed]
  (d) a retired person over 55 years of age who has worked in Papua New Guinea
  for at least five years and has demonstrated access to income of not less
  than K50, 000 per annum to sustain himself; or
  (e) the legally married spouse of a citizen where the marriage still exists and
  has
  existed for at least five years who produces documentary evidence to that
  effect; or a child aged more than 19 years of a citizen where the child is not
  a citizen, provided that the individual is working in a voluntary capacity at a
  community or social level,
  …
  (g) a Chief Executive Officer of a company with a work force of at least 250
  employees and an annual turnover of K10 million or more, where the company is
  registered and has been operating in Papua New Guinea for more than five years.

  (h) retired missionary or religious worker who has worked in Papua New
  Guinea for at least five years and has access to income of not less than K25, 000
  per year or a guarantee of financial support from a registered religious organization
  or church.
  for the life of holder’s current foreign passport and may be valid for multiple
  entries.

  (4) An entry permit may be granted to a dependent of a holder of a Resident (Long
  Term) Entry Permit but only for the purpose of residing in Papua New Guinea with
  the substantive resident permit holder and that the dependent shall not seek or be
  engaged in any employment.

  3. Extension of period of validity.

  (1) A person seeking an extension of an entry permit, other than an APEC
  Business entry permit, shall—

  (a) complete an application form prescribed by the Chief Migration
  Officer; and
  (b) send the application to an authorized officer together with—

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• (i) his passport; and
  (ii) in the case of an extension of a business visa, supporting
  documents; and
  (iii) where the application is made on or before the expiry of the
  entry permit extension of which is sought—the prescribed
  extension application fee; and
  (iv) where the application is made after the expiry of the entry
  permit extension of which is sought—the prescribed late
  extension application fee.
  (2) A permit extending the period of validity of an entry permit shall be evidenced in a
  form prescribed by the Chief Migration Officer.

  (2) An application for an extension or a renewal of an APEC Business entry
  permit shall be accordance with Section 1(1) (aa).

  Permanent Resident Permit

  The Migration Act Chapter 16 and Migration Regulation (Made under the Migration Act)
  specify the criteria to assess applications for Permanent Residency and Class of Persons
  eligible to apply for a Long Term Residence or Permanent Resident Permit.
  Criteria for Permanent Residency

  Furthermore Section 2 of the Migration Regulation, made under the Migration Act
  (Chapter No. 16) specify that an applicant for an entry permit for long term residence has
  to meet the following requirements –
  1. be a holder of a current valid foreign passport; and

  2. be a holder of a current valid entry permit issued; and

  3. be normally resident in Papua New Guinea; and

  4. have a working knowledge of English or any one of the languages spoken in PNG;
  and

  5. be of good character and of good standing in the community; and

  6. not have been convicted of an offence and sentenced, by a court of competent
  jurisdiction in PNG or outside of PNG to imprisonment for a term greater than
  three months; and

  7. provide certified police certificates for PNG and any other country that they have
  resided in; and

  8. provide documentary evidence that the applicant is in one of the class of persons
  specified in Section 2(3) ; and

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• 9. where the applicant is a class of persons referred to in Section 2(3)(a) and (c),
  include a certificate from the appropriate authority permitting a foreign enterprise
  to conduct business in Papua New Guinea.

  10. lodge an application which shall be personally approved by the Minister on the
  recommendation of the Chief Migration Officer.

  Class of Persons eligible for Permanent Resident

  Section 2(3) specify that an entry permit for long term residence may be granted to a
  person—

  (a) who has majority ownership of a business investment in a registered resident
  business for at least five years:-
  (i) with funds totaling at least K2,000,000.00; and
  (ii) with funds in property investments with a net value of at least
  K10,000,000.00 in Papua New Guinea as evidenced by certified
  documentation.
  (b) a person who is a skilled professional, who is a medical doctor, specialist or
  educationist requiring tertiary level education qualifications and has worked in that
  professional field in Papua New Guinea for at least five years; or
  (d) a retired person over 55 years of age who has worked in Papua New Guinea for at
  least five years and has demonstrated access to income of not less than K50, 000
  per annum to sustain himself; or
  (e) the legally married spouse of a citizen where the marriage still exists and has
  existed for at least five years who produces documentary evidence to that effect; or
  (f) a child aged more than 19 years of a citizen where the child is not a citizen,
  provided that the individual is working in a voluntary capacity at a community or
  social level,
  (g) a Chief Executive Officer of a company with a work force of at least 250
  employees and an annual turnover of K10 million or more, where the company is
  registered and has been operating in Papua New Guinea for more than five years.
  (h) retired missionary or religious worker who has worked in Papua New Guinea for at
  least five years and has access to income of not less than K25, 000 per year or a
  guarantee of financial support from a registered religious organization or church.
  for the life of holder’s current foreign passport and may be valid for multiple
  entries.

  [6.4] CITIZENSHIP ACT (CHAPTER 12)

  Citizenship Act (Chapter 12)

  Being an Act to implement Part IV (citizenship) of the Constitution
  1. Interpretation.

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• In this Act—
  “the regulations” means any regulations made under this Act;
  “this Act” includes the regulations.

  6. Citizenship by naturalization.

  (1) An application for citizenship by naturalization under Section 67 of the
  Constitution shall be —
  (a) in the prescribed form; and
  (b) verified as prescribed; and
  (c) accompanied by the prescribed fee.

  (2) Where an application for citizenship by naturalization is refused, a prescribed
  portion of
  the prescribed fee shall be refunded to the applicant.

  [6.5] CITIZENSHIP REGULATION (CHAPTER 12)

  PART III.— CITIZENSHIP ADVISORY COMMITTEE.

  11. Interpretation of Part III.
  In this Part—
  “the Chairman” means the Chairman of the Committee;
  “the Committee” means the Citizenship Advisory Committee established by
  Section 10 of the Act.
  . Chairman.
  The Head of State, acting on advice, shall appoint one of the permanent members
  of the Committee to be the Chairman of the Committee.

  13. Procedures of the Committee.

  (1) The Committee shall meet at such times and places as are fixed by the
  Chairman, but in any event not less frequently than once every three
  months.
  (2) At a meeting of the Committee—
  (a) three is a quorum; and
  (b) the Chairman shall preside at meetings of the Committee at which he
  is present, and in his absence the members present shall elect one of
  their own number to preside at that meeting; and
  (c) all matters shall be decided in accordance with a majority of votes;
  and
  (d) the member presiding has a deliberative and, in the event of an
  equality of votes on a matter, also a casting vote.

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• (3) The Committee shall cause minutes of its meetings to be kept.
  (4) Subject to this Regulation, the procedures of the Committee are as
  determined by it.

  14. Powers of the Committee.

  In relation to any matter referred to it under Section 76 of the Constitution, the Committee
  may make such inquiries as seem to it necessary to enable it to advise the Minister in
  relation to the matter.

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• [6.6] PASSPORTS ACT (CHAPTER 17)

  Being an Act to make provision for Papua New Guinea passports.

  1. Compliance with Constitutional requirements.
  This Act, to the extent that it regulates or restricts a right or freedom referred to in
  Subdivision III.3.C (qualified rights) of the Constitution namely—
  (a) the right to privacy conferred by Section 49 of the Constitution; and
  (b) the right to freedom of movement conferred by Section 52 of the
  Constitution, is a law that is made for that purpose.
  2. Interpretation.
  In this Act, unless the contrary intention appears—
  “applicant” means an applicant for a Papua New Guinea passport, certificate of
  identity or other document of identity;
  “approved person” means—
  (a) a lawyer; or
  (b) a registered medical practitioner; or
  (c) a Magistrate Grade III, IV, or V; or
  (d) a Commissioner for Oaths; or
  (e) a community government or local government councilor; or
  (f) a member of the Police Force of or above the rank of Constable First
  Class; or
  (g) the head of a Department of a province;
  “certificate of identity or other document of identity” means documents of identity
  issued under Sections 9 and 10;
  “the commencement date” means 18 April 1985, being the date on which the
  Passports Act 1982 came into force;
  “entry permit” has the same meaning as in the Migration Act;
  “officer” means—
  (a) an officer of the Department; or
  (b) a member of the Police Force; or
  (c) any person authorized by the Minister to exercise the powers
  conferred under this Act;
  “Papua New Guinea passport’ means a document issued under Section 5;
  “this Act” includes the regulations.
  3. Passport to be in the name of the Government.
  A Papua New Guinea passport shall be issued in the name of the Government of
  Papua New Guinea.
  4. Application for passport.
  (1) An application for, or for a renewal of, a Papua New Guinea passport,
  certificate of
  identity or other document of identity, shall—

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• (a) be in such form as approved by the Minister; and
  (b) be accompanied by the prescribed fees; and
  (c) include any other matters or particulars as may be required by the
  Minister.
  (2) Where an application is for a Papua New Guinea passport the application
  shall, in addition to the requirements under Subsection (1)—
  (a) be witnessed by an approved person; and
  (b) be accompanied by such matters as are prescribed.
  5. Issue of passport.
  (1) The Minister or an officer authorized by the Minister, may issue to a citizen,
  a Papua New Guinea passport.
  (2) A Papua New Guinea passport—
  (a) shall be issued for such period; and
  (b) may, subject to Section 8, be renewed for such further periods, as
  determined by the Minister or authorized officer.
  (3) A Papua New Guinea passport shall be in such form as approved by the
  Minister.
  6. Issue of passport to minors.
  A person who is under the age of 17 years shall not be issued with a Papua New
  Guinea passport, unless the application for the passport is accompanied by evidence
  that the parents or legal guardian of the applicant have consented to the application.
  7. Children may be included in passport.
  (1) Subject to Subsection (2), children under the age of 17 years may be
  included in the passport of either parent if the other parent has consented to the
  inclusion.
  (1) The inclusion of a child in the passport of a parent who is a citizen does not
  of itself confer any right to citizenship on the child.
  8. Renewal of passport.

  (1) Subject to Subsection (2), the Minister or an officer authorized by the
  Minister may, from time to time, renew a Papua New Guinea passport.
  (2) A Papua New Guinea passport shall not be renewed if the space on it for
  entry permits is exhausted.
  9. Issue of certificates of identity, etc., to citizens.
  The Minister or an officer authorized by the Minister may issue to a citizen a
  certificate of identity or other document of identity for travel purposes in such form
  as the Minister approves.
  10. Issue of certificates of identity, etc., to non-citizens.
  (1) The Minister or an officer authorized by the Minister may issue to a
  person—
  (a) who is a citizen of a country which is a member of the
  Commonwealth of Nations—a certificate of identity or other
  document of identity for travel purposes; or

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• Page 119 of 131

• (b) who is stateless or unable to obtain a passport from a
  consular representative of the country of which he claims to
  be a citizen—a certificate of identity.
  (2) A certificate of identity or other document of identity, as the case may be,
  issued under this section—
  (a) remains valid for such period, not exceeding six months from
  the date of issue; and
  (b) may be renewed for such further periods, each not exceeding
  six months, as the Minister or the officer authorized by the
  Minister to whom the application is made, thinks fit.
  11. Power to refuse issue and cancellation of certificate or other document of identity.
  The Minister may—
  (a) refuse an application for, or for a renewal of, a certificate of
  identity

  or other document of identity; or
  (b) cancel a certificate of identity or other document of identity
  issued under this Act.
  12. Power to refuse issue and cancellation of passport.
  (1) Subject to Subsection (2), the Minister may—
  (a) refuse an application for, or for a renewal of, a Papua New Guinea
  passport; or

  (b) cancel a Papua New Guinea passport issued under this Act.

  (2) The powers conferred on the Minister under Subsection (1) shall not be
  exercised unless the Minister is satisfied that the person—
  (a) intends, contrary to law, to take a minor or a person under
  disability out of Papua New Guinea; or

  (b) is the subject of a warrant of arrest or outstanding warrant of
  arrest issued under the Arrest Act or any other law; or
  (c) has failed or refused to pay to the State, money owing to the
  State, in respect of expenses incurred by the State in, or in
  connexion with, effecting his return to Papua New Guinea
  from a country outside of Papua New Guinea; or
  (d) is the subject of a court order prohibiting his departure from
  Papua New Guinea; or
  (e) has engaged in activities that have caused or are likely to
  cause, serious damage to the security of Papua New
  Guinea; or
  (f) has obtained or is reasonably suspected of having obtained a
  Papua New Guinea passport, by means of a false or
  misleading statement.

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• (3) Where the Minister has—
  (a) refused an application for, or a renewal of, a Papua New
  Guinea passport; or
  (b) cancelled a Papua New Guinea passport, he shall give
  written notice of, and the reasons for, his decision to the
  person concerned.
  (4) Where the Minister cancels a Papua New Guinea passport under Subsection
  (1), the passport is immediately void.
  (5) An officer authorized by the Minister may take possession of a cancelled
  Papua New Guinea passport.
  (6) A person who has in his possession or under his control a Papua New
  Guinea passport referred to in Subsection (5) must, on demand by an officer
  authorized by the Minister, immediately deliver it up to the officer.
  Penalty: A fine not exceeding K100.00 or imprisonment for a term not
  exceeding three months.

  13. Committee of Review.
  (1) A person may, within 28 days after the receipt of the notice under Section
  12(3), by written application to the Prime Minister request that the decision
  of the Minister be reviewed by a Committee of Review.
  (2) The Prime Minister shall, on the receipt of an application under Subsection
  (1), as soon as practicable, appoint a Committee of Review, consisting of
  three Ministers one of whom shall be appointed to be the Chairman, to
  consider the application.
  (3) On the appointment of the Committee of Review, the Minister shall submit to
  the Committee the reasons for his decision and all information relevant to
  the applicant.
  (4) The Committee of Review may, if it considers necessary, request or permit
  the applicant to appear or to make written representations before it.
  (5) After considering the application and information submitted to it in
  accordance with
  Subsections (3) and (4), and after making any inquiries or investigations it
  considers necessary, the Committee of Review shall either confirm or
  revoke the decision of the Minister.
  (6) The Committee of Review shall report its decision to the Prime Minister who
  shall inform the applicant accordingly.
  (7) Where by its decision, the Committee of Review has revoked the decision
  of the Minister, the Minister shall, as soon as practicable take all such
  actions as may be necessary to implement it.

  14. Appeal against decision of Committee.

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• Subject to Section 155(5) (the national judicial system) of the Constitution, a
  decision of the Committee of Review under Section 13 is not open to review or
  challenge in any court on any grounds.

  15. Power to order passport to be delivered up.
  (1) A person who holds a Papua New Guinea passport that has been obtained, or
  is reasonably suspected by an officer of having been obtained, by means of any
  false or misleading statement must, on demand by an officer, deliver it up to the
  officer.
  Penalty: A fine not exceeding K100.00 or imprisonment for a term not
  exceeding three months.
  (2) A person who holds a passport bearing an entry permit that has been obtained, or
  is reasonably suspected by an officer of having been obtained, by means of any
  false or misleading statement shall, on demand by an officer, deliver it to the
  officer.

  (3) A person entering Papua New Guinea who is required by law to be in
  possession of a passport must, if required, deliver up his passport, to an officer
  before leaving the vessel or aircraft in which he entered Papua New Guinea.

  Penalty: A fine not exceeding K100.00 or imprisonment for a term not
  exceeding three months.
  (4) If a person referred to in Subsection (2) is allowed to retain his passport, he
  must, if required

  Penalty: A fine not exceeding K100.00 or imprisonment for a term not
  exceeding three months.
  (5) A passport delivered up to an officer in accordance with this section may,
  subject to any directions of the Minister, be retained by or on behalf of the
  Department or be returned to the person who delivered it up, as the officer
  thinks fit.

  16. False statements.
  A person who—
  (a) for the purpose of obtaining a Papua New Guinea passport, a certificate of
  identity or other document of identity; or
  (b) in support of an application for or for renewal of, a Papua New Guinea
  passport, a certificate of identity or other document of identity for any other
  person,
  makes a false or misleading statement, whether orally or in writing, is guilty
  of an offence.
  Penalty: A fine not exceeding K10, 000.00 or imprisonment for a term not
  exceeding six months or both.

  17. Lost or stolen passport.

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• (1) A person whose Papua New Guinea passport has been lost or stolen shall, as
  soon as he discovers its loss—
  (a) make every effort to recover it; and
  (b) report its loss to a member of the Police Force.
  (2) An authorized officer shall not issue a replacement passport to a person
  whose Papua New Guinea passport has been lost or stolen unless he is
  satisfied that the person has made every effort to effect its recovery.
  (3) An application for the replacement of a lost, stolen or damaged Papua New
  Guinea passport shall be made in the same manner as an application for the
  issue of a new passport.

  18. Effect of valid passport in relation to the Migration Act.
  Without in any way limiting the operation of a passport, a Papua New Guinea
  passport, certificate of identity or other document of identity that is in force
  operates, in accordance with its tenor, as an entry permit under the Migration Act.

  19. Regulations.
  The Head of State, acting on advice, 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 effect to this Act and in particular—
  (a) for prescribing the matters or particulars to be accompanied with an
  application for a Papua New Guinea passport; and
  (b) for the granting of exemptions from payment of fees; and
  (c) for prescribing the fees to be charged in respect of the issue and renewal
  of a Papua New Guinea passport, certificate of identity or other
  document of identity; and
  (d) for prescribing penalties, not exceeding K1,000.00 or imprisonment for
  a term not exceeding six months for breaches of the regulations.

  20. Transitional provisions.
  (1) A Papua New Guinea passport, certificate of identity or other document of
  identity issued under the Act replaced by this Act and in force immediately
  before the commencement date shall continue in force for the period for
  which it was issued and shall have effect as if it were issued under this Act.
  (2) A person held in detention by virtue of an order made under a provision of
  the Act replaced by this Act immediately before the commencement date
  shall be deemed to be held in detention by virtue of an analogous order or
  provision of this Act.
  (3) An officer authorized or given powers, duties or functions under the Act
  replaced by this Act shall be deemed to have been authorized or given those
  powers, duties or functions under this Act with such variations as may be
  necessary to be applicable under this Act.

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• (4) Where immediately before the commencement date, the Minister has, in
  accordance with the provisions of the Act replaced by this Act—
  (a) refused an application for, or a renewal of, a Papua New Guinea
  passport; or
  (b) cancelled a Papua New Guinea passport, the provisions of this Act
  relating to the review of the decision of the Minister do not apply
  unless the applicant has within 28 days after the commencement
  date, submitted a written application to the Prime Minister
  requesting a review.

  [6.7] PASSPORTS REGULATION (CHAPTER 17)

  1. Application for passport.
  An application for a Papua New Guinea passport shall—
  (a) be in Form 1; and
  (b) be accompanied by two copies of a recent photograph of the applicant
  Approximately

  1A. Application for APEC Business Travel Card
  (1) Where a certificate of identity or other document of identity required
  is an APEC Business Travel Card, the application shall—
  (a) be in Form 2 of Schedule 1; and
  (b) be accompanied by the following:-
  (i) a supporting letter from an approved business
  organization; and
  (ii) IPA registration document (where applicable); and
  (iii) the applicant’s passport; and
  (iv) two copies of a recent photograph of the applicant
  approximately 50 mm by 63mm in size, showing a
  sufficient likeness of the applicant, one copy of which
  shall be certified by an approved person.

  (2) For the purposes of Subsection (1)(b)(i), the following are approved
  business organizations:—
  (a) Papua New Guinea Business Council;
  (b) Papua New Guinea Chamber of Commerce;
  (c) Papua New Guinea Chamber of Mines and Petroleum;
  (d) Papua New Guinea Fisheries Association;
  (e) Papua New Guinea Forestry Association.
  (3) Where an application is for—
  (a) renewal of an APEC Business Travel Card, the application
  shall be lodged not less than two months before the expiry of
  the Card; and

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• (b) a replacement of an APEC Business Travel Card, the
  application shall include details of the reasons for the
  replacement and where appropriate, include a Police Report.

  1B. – Validity of APEC Business Travel Card.

  An APEC Business Travel Card—
  (a) remains valid for two years or the life of the passport, whichever is
  the lesser; and
  (b) may be renewed or replaced for three years or the life of the
  passport, whichever is the lesser.
  2. Fees.
  Subject to Section 3. fees are payable in accordance with Schedule 2.

  3. Exemptions from payment of fees.
  The Minister may exempt from payment of fees—
  (a) Ministers and other government officials travelling outside the
  country on official business; and
  (b) the spouse and children of a Minister or other government official
  referred to in Paragraph (a) where the spouse or child is—
  (i) accompanying; or
  (ii) travelling in order to join, the Minister or official; and
  (c) any person who satisfies the Minister that he is travelling in a public
  capacity; and
  (d) any person in respect of whom the Minister is of the opinion that
  because special circumstances exist it is not desirable to charge fees.

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• Page 125 of 131

• SCHEDULE 1. Form 1. — Application for Travel Document

  Reg., Sect., 1. FORM 1

  The Independent State of Papua New Guinea
  Application for a Travel Document (Passports Act)
  Instructions for completing this Application form
  Applications should be completed at least 3 weeks before applicant intends leaving Papua
  New Guinea.

  1. WHERE TO APPLY: Applications for PNG Travel Documents should be lodged
  with the Immigration and Citizenship Division, P.O. Box 422 Waigani, Port
  Moresby or with the Collector of Customs at the various ports. A SEPARATE
  APPLICATION MUST BE COMPLETED BY EACH PERSON.

  2. FEE: The fee for a passport is K30. This must be paid at your nearest cash office
  and a receipt thereof must be attached to your application.3. COLLECTION OF
  PASSPORT: Agents may not collect passports on behalf of clients. Your passport
  will be forwarded by registered post unless you elect to collect it personally.

  4. CHANGE OF NAME: If you have changed your name please provide details of all
  previous names used.

  5. PREVIOUS TRAVEL DOCUMENTS: You must attach your previous travel
  document unless it has been lost, stolen or destroyed.

  6. EVIDENCE OF CITIZENSHIP: Your application should be accompanied by
  evidence of your citizenship. Attachment ‘A’ on page 4 should be completed in this
  respect. Your birth certificate or citizenship certificate, and in the case of married
  women your marriage certificate, should be submitted.

  7. CERTIFICATE REGARDING APPLICANT: The certificate on page 3 in respect
  of every application must be completed. The following persons are authorized to
  furnish this certificate; Lawyers, Medical Practitioners, Magistrates, Ministers of
  Religion, Commissioner of Oaths, Commissioned Officers of the Defence Force
  and Police Force. The person completing the certificates must have known the
  applicant for at least three years. It is essential that the person who signed the
  Certificate Regarding Applicant on page 3 should also endorse the back of one
  photograph as follows:
  ‘I certify this to be a genuine photograph of (name in full)’, and sign.

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• Page 126 of 131

• 8. CONSENT OF PARENTS: Applicants under 17 years of age must furnish the
  consent of their parents or legal guardians on page 2.
  9. PHOTOGRAPHS: With your application you should submit two recent
  photographs. These should be head and shoulders only, taken ‘Full Face’ without
  hat or tinted glasses and with a light coloured background. All photographs should
  be within the dimensions of 35mm x 45mm. It is essential that the person who
  signed the Certificate Regarding Applicant on page 3 should also endorse the back
  of one photograph as follows:
  ‘I certify this to be a genuine photograph of (name in full)’, and sign.

  10. DECLARATION: The Declaration on page 3 must be signed by the applicant, or in
  the case of a child unable to sign, by the lodging parent or legal guardian.

  11. SIGNATURE:
  · The applicant must sign both of the small signature labels using a ball-point pen.
  Please take care to stay within the borders marked UNABLE TO SIGN.
  · If the applicant is unable to sign, put a line through both of the small signature
  labels.
  1. Type of Travel Document
  Standard Passport r Official Passport r Certificate of Identity r
  Diplomatic Passport r Emergency Travel Document r

  2. Applicant’s Name
  Family name …………………………………………………………………………………………
  Given names………………………………………………………………………………………….

  3. Sex
  Male r Female r

  4. Has Applicant ever changed his/her name?
  Yes r No r If Yes, state previous names here
  …………………………………………………………………………………………………………….

  5. Birth Place and Date
  Village Town Province Country Date of birth
  ………………….. ………………… ………………… …………………….. ……………….

  6. Personal Particulars
  Height Colour of hair Colour of eyes

  Visual distinguishing marks………..cm ………………… ……………………..

  Occupation.
  …………………………………………………………………………………………………………….

  7. Marital Status (tick whichever applies)

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• Page 127 of 131

• Single r Married r Widow r Divorced r
  If Married, name of husband/wife
  …………………………………………………………………………………………………………..

  8. Address and Telephone
  Residential…………………………………………………………………….Telephone…………..
  Correspondence……………………………………………………………..Telephone……………
  If Applicant is under 17 years of age, please provide consent to the application.

  9. Consent of Lodging Parent or Legal Guardian
  I,………………………………………………….., the father / mother / legal guardian (delete
  (First name) (Family name) whichever not applicable) hereby give my
  consent to the applicant above being issued
  with a passport.
  Signed Date Signature of Witness Date
  ……………………. …………………. …………………………………. ……………….
  Consent of Other Parent or Legal Guardian
  I,………………………………………………….., the father / mother / legal guardian (delete
  (First name) (Family name) whichever not applicable) hereby give my
  consent to the applicant above being issued
  with a passport.
  Signed Date Signature of Witness Date
  ………………….. …………………. …………………………………. ……………….

  10. Proposed Departure Details
  Vessel or Airline Port or airport Countries proposed to visit Date
  …………………….. …………………. ……………………………………… …………

  11. Has applicant previously been issued with a Papua New Guinea
  Travel Document?
  Yes r No r
  Travel Document number……………….. Issue Date / / Expiry Date / /
  Bearer’s name at time of issue…………………………………………………………………..

  12. This previous Travel Document:
  Is Attached r Has Been Lost r Has Been Stolen r
  Has Been Destroyed r as Been Damaged r
  Explain circumstances of loss/theft/other
  ………………………………………………………………………………………………………………………………..
  ………………………………………………………………………………………………………………………………..
  Has the loss been reported to the police?
  Yes r No r
  If Yes, to which police officer or police station was the report made?……………………..
  …………………………………………….Date of report / /

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• Page 128 of 131

• 13. CERTIFICATE REGARDING APPLICANT
  Warning: Persons who, in support of an applicant for a passport, make any false statements
  either orally or in writing render themselves liable to a fine of K400.00 or imprisonment for
  six months.
  I,………………………………………………………………………………………………………………..
  Name Occupation
  of……………………………………………………………………………………………………………….
  Address Telephone
  hereby declare that I have known personally the applicant……………………………………
  Applicant’s name
  for a period of more than 3 years and that the Signature and photographs on or
  accompanying the application are those of the applicant, to the best of my knowledge and
  belief the statements made by the applicant in this form are true. On the same basis, I have
  endorsed the back of the applicant’s photograph.
  No fee has been charged for this certificate.
  Signature …………………………………………………………..Date / / .

  14. Declaration
  I,……………………………………………………………………………………………………………….. declare
  that the statements made in this application are true and correct in every particular.
  Dated this………………………………………..day Signature or Mark
  of……………………………………………………. 19 .
  15. Applicants who cannot read or write English
  The above declaration has been read/interpreted and explained by me in…………………
  language to the applicant in the presence of……………………………………………………….
  and the applicant appeared to understand and approve of them.
  signature signature of witness
  ……………………………………. ………………………………………………………………………
  Full name Full name
  ……………………………………. ………………………………………………………………………..
  Occupation Occupation
  …………………………………… ………………………………………………………………………..
  Address Address
  …………………………………. ……………………………………………………………………….
  Telephone number Date / / Telephone number Date / /

  EVIDENCE OF CITIZENSHIP
  Attachment A
  Full name of mother Place of birth of mother
  Full name of father Place of birth of father
  Full name of mother’s parents Place of birth of mother’s parents
  Full name of father’s parents Place of birth of father’s parents
  Have you lived all your life in Papua New Guinea?
  Yes r No r If No, where?
  Are you a citizen of Papua New Guinea?
  Yes r No r
  Are you a citizen of a foreign country?

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• Page 129 of 131

• Yes r No r If Yes, which country?

  Form 2. — Application for APEC Business Travel Card
  PAPUA NEW GUINEA.
  Passports Act (Chapter 17).
  Rec. Sec. 1A. Form 2.

  APPLICATION FOR APEC BUSINESS TRAVEL CARD.
  Approved Business Organizations are:
  . PNG Business Council . PNG Fisheries Association
  . PNG Chamber of Commerce . PNG Forestry Association
  . PNG Chamber of Mineral & Petroleum

  INSTRUCTIONS OFFICE USE ONLY
  1. Please write legibly or use a type Date Received: .. / .. / ..
  2 Ensure the following documents are
  attached to this application: By: . . .
  · valid passport
  · two recent passport sized photos Application No: . . .
  · IPA Company Registration
  Documents (where approved) Receipt No: . . .
  · Sponsor letter from an approved Decision: . . .
  business organization (See above).
  · Official receipt for Migration Date Transmitted: .. / .. / ..
  Service Fee
  – K400 for initial card Date Card Issued: .. / .. / ..
  – K300 for renewal/replacement/lost Card

  PERSONAL DETAILS
  Family Name: . . . Given Names: . . .
  Date of Birth .. / .. / .. Sex: r Male r Female
  Marital Status: r Single r Married

  PASSPORT DETAILS
  Passport Number: . . . Expiry Date: . . .
  Type of passport: r Ordinary r Official r Diplomatic

  OTHER INFORMATION
  Number of trips between APEC economies per year: . . .
  Average length of trips (days/weeks/months): . . .
  How did you hear about APEC Business Travel Card?
  r Word of mouth r Industry publication
  r Newspaper r Advertising material r Internet
  Membership of Business/Industry Association: . . .
  Number of years as member: . . .

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• Page 130 of 131

• DECLARATION
  I declare that:
  (a) I am a business person who makes regular short-term visits to APEC economies,
  (b) Information I have provided can be shared with relevant law enforcement agencies within
  PNG and with authorities in participant APEC countries for the purpose of assessing my
  eligibility,
  (c) I have never been convicted of a crime or offence or been charged with an offence that is
  waiting legal action,
  (d) I have never been deported from, removed from, asked to leave or refused entry from any
  country,
  (e) The information provided on this form is complete and accurate.
  Declaration signature: __________________________
  Date: __________________________
  Please attach (glue) two (2) recent passport sized Photographs r r
  of yourself. Note that this photo will appear on your card.
  Please sign within the box in black biro. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  Note that this signature will appear on your card.
  Supplementary Information

  SCHEDULE 2.
  Fees
  SCHEDULE 2 — FEES
  Item Services Fees (K)

  1 Issue an ordinary passport, a document of identity, 100
  certificate of identity or an emergency travel
  document
  2 Issue a new passport – frequent traveller 200
  3 Fast processing of passport within two days 200
  4 Renew a passport (at overseas missions only) 100
  5 Re-issue a lost, stolen or damaged passport
  (a) First loss or damage 200
  (b) Second loss 1,000
  (c) Third loss 3,000
  6 Issue an APEC Business Travel Card 400
  7 Renew an APEC Business Travel Card 300
  8 Issue a replacement of APEC Business Travel Card 300

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• Page 131 of 131

• 7. APPENDIX

  The following people were given a copy of the Provisional Report and were invited to
  comment on the Commission’s preliminary findings. :

  DATE
  N NAME TITLE DATE RESPONSE
  o. DELIVERED RECEIVE
  1 Hon Ano Pala Former Minister for Foreign Affairs 6/6/2016 10/08/2016
  2. Mataio Rabura Chief Migration Officer 6/6/2016 No response
  3. Joseph Nobetau Former Acting Chief Migration 6/6/2016 No response
  Officer 2/920/16
  4. Delilah Madau So-osane Former Director, Passport & Visa 6/6/2016 No response
  5. Ilagi Veali Secretary – NEC 6/6/2016 05/07/2016
  Former Member for Goilala &
  6. Matthew Poia Chairman CAC 24/08/2016
  7. Chief Commissioner Chief Commissioner Customs 6/6/2016 11/07/2016
  8. Aquila Sampson Legal Officer 25/7/2016 09/08/2016
  9. Donald Foo Legal Officer No response
  10 Joko Tjandra aka Joe chan – Didn’t respond to media Notice

  Out of the 10 recipients only 5 responded whilst the other 5 did not respond. Their
  responses by the 5 recipients that responded are included hereunder.

  Appendix Page 112