The Hawaiian Crime of Common Nuisance and COVID-19

As an occupied State, international humanitarian law and the law of occupation mandate that the occupying State—the United States and its proxy the State of Hawai‘i must administer the laws of the Hawaiian Kingdom. Since the occupation is prolonged, which has now lasted for over a century, Hawaiian Kingdom laws needed to be brought up to date. This is what prompted the Council of Regency to decree, by proclamation on October 10, 2014, the provisional laws of the Hawaiian Kingdom.

Now, therefore, We, the acting Council of Regency of the Hawaiian Kingdom, serving in the absence of the Monarch and temporarily exercising the Royal Power of the Kingdom, do hereby acknowledge that acts necessary to peace and good order among the citizenry and residents of the Hawaiian Kingdom, such for example, as acts sanctioning and protecting marriage and the domestic relations, governing the course of descents, regulating the conveyance and transfer of property, real and persona, and providing remedies for injuries to person and estate, and other similar acts, which would be valid if emanating from a lawful government, must be regarded in general as valid when proceeding an actual, though unlawful government, but acts in furtherance or in support of rebellion or collaborating against the Hawaiian Kingdom, or intended to defeat the just rights of the citizenry and residents under the laws of the Hawaiian Kingdom, and other acts of like nature, must, in general, be regarded as invalid and void.

And, We do hereby proclaim that from the date of this proclamation all laws that have emanated from an unlawful legislature since the insurrection began on July 6, 1887 to the present, to include United States legislation, shall be the provisional laws of the Realm subject to ratification by the Legislative Assembly of the Hawaiian Kingdom once assemble, with the express proviso that these provisional laws do not run contrary to the express, reason and spirit of the laws of the Hawaiian Kingdom prior to July 6, 1887, the international laws of occupation and international humanitarian law, and if it be the case they shall be regarded as invalid and void.

In a letter from the National Lawyers Guild (NLG) to dated November 20, 2020, the NLG urged:

Governor Ige to proclaim the transformation of the State of Hawai‘i and its Counties into an occupying government pursuant to the Council of Regency’s proclamation of June 3, 2019 in order to administer the laws of the Hawaiian Kingdom. This would include carrying into effect the Council of Regency October 10, 2014 Proclamation that brings Hawaiian Kingdom laws up to date. We further urge you and other officials of the State of Hawai‘i and its Counties to become familiar with the contents of the recent eBook published by the [Royal Commission of Inquiry] and its reports that comprehensively explain the current situation of the Hawaiian Islands and the impact that international humanitarian law and human rights law have on the State of Hawai‘i and its inhabitants.

The following year, the International Association of Democratic Lawyers (IADL) passed a resolution dated February 7, 2021, that supports the NLG’s November 10, 2020 letter to State of Hawai‘i Governor David Ige urging him to “proclaim the transformation of the State of Hawai‘i and its Counties into an occupying government pursuant to the Council of Regency’s proclamation of June 3, 2019, in order to administer the laws of the Hawaiian Kingdom. This would include carrying into effect the Council of Regency’s proclamation of October 10, 2014 that bring the laws of the Hawaiian Kingdom in the nineteenth century up to date.”

The United States and the State of Hawai‘i have not transformed themselves into an occupying government in order to provisionally administer Hawaiian Kingdom law. This is what prompted the filing of a complaint on May 20, 2020 with the United States District Court for the District of Hawai‘i in Hawaiian Kingdom v. Biden. The IADL and NLG filed a amicus brief in the case, and the proceedings led to the closure of the Czech Republic Consulate in Hawai‘i. If they had transformed themselves into an occupying government before the pandemic hit the Hawaiian Islands, Hawaiian quarantine regulations would have secured Hawai‘i’s borders.

Hawaiian Kingdom laws include the Hawaiian Penal Code, which makes the intentional spreading of an “infectious disease,” such as COVID-19, a felony crime.

Hawaiian Penal Code
Chapter XXXVI—Common Nuisances

1. The offense of common nuisance is the endangering of the public personal safety or health. As, for example, the…spreading or endangering the spreading of the small pox, or other infectious disease.

9. Whoever is guilty of the offense of common nuisance in the first degree, for which punishment is not otherwise expressly provided by statute, shall be punished by imprisonment at hard labor not more than six months, or by fine not exceeding five hundred dollars (inflation calculator in 1893 is $14,605.43 in 2020).

10. Whoever is guilty of the offense of common nuisance in the second degree, for which punishment is not otherwise expressly provided by statute, shall be punished by imprisonment at hard labor not more than two months, or by fine not exceeding twenty-five dollars (inflation calculator in 1893 is $730.27 in 2020).

To commit the crime of common nuisance in the first degree, the perpetrator had premeditation with a plan to spread the infectious disease of COVID-19. Second degree is where the perpetrator intended to spread the infectious disease of COVID-19 but had no plan to commit the spreading.

To combat the spreading of infectious diseases, the Hawaiian Kingdom Board of Health would utilize vaccines and quarantine as was the case with smallpox, or if there were no vaccines for an infectious disease such as measles, the defense would be quarantine, isolation and medical care. A vaccine for measles was not available until 1963.

Hawaiian Penal Code
Chapter LIX—The Public Health

1. There shall be appointed by the King in privy council, upon nomination of the minister of the interior, a board of health for the kingdom, consisting of three persons, who shall serve during the King’s pleasure, and be charged with the general oversight and care of the public health.

2. It shall not be lawful for any foreigner, whether naturalized or otherwise, to practice in this kingdom as a physician or surgeon, for compensation or reward, unless he shall have first presented to the board of health, or to such examiners as said board may appoint for that purpose, satisfactory evidence of his professional qualifications and good moral character, and obtained a certificate of approval from said board, and a license from the minister of the interior. Any person violating the provisions of this section shall, upon conviction thereof, be liable to a penalty of one hundred dollars for each offense. (Civil Code, Section 279.)

3. Said board of health may appoint suitable agents in such localities as it may deem necessary, to carry into effect all regulations for the public health; and its shall hold such agents accountable for all moneys received and disbursed by them, on account of the public health, and also for the manner in which they may discharge their several duties. (Civil Code, Sec. 280.)

4. The board of health shall make such regulations respecting nuisances, sources of filth, and causes of sickness, within the respective districts of the kingdom, and on board of any vessels, as it shall judge necessary for the public health and safety. (Civil Code, Section 281.)

5. Said board shall also make such regulations as it may judge necessary for the public health and safety, respecting any articles which are capable of containing, or conveying any infection or contagion, or of creating any sickness, when such articles shall be brought into, or conveyed from any district, or into or from any vessel.

The Hawaiian Kingdom took public health very seriously given the devastating toll that infectious diseases took on the aboriginal Hawaiian population, whether smallpox, whooping cough, measles, or influenza. The Hawaiian crime of common nuisance cuts through any belief of Americanism that people have a choice to spread or not spread an infectious disease to the public. Some Americans claim that they have a personal right to decide whether to take the vaccine and/or not wear masks with complete disregard for the health of the public. They claim that they are sovereign citizens and government cannot take their liberties away to decide. THIS IS NOT AMERICA.

People that are not Hawaiian subjects are also subject to the crime of common nuisance. Section 1, Chapter III—Local Jurisdiction of Offenses states, “All persons, whether subjects of this kingdom, or citizens or subjects of any foreign state, government or country, are, while within the limits of this kingdom, subject to its laws, except so far as exception is made by the law of nations in respect to ambassadors or others.” And Chapter IV—Capacity and Responsibility for Offenses, states:

4. Any person acting under mental derangement, rendering him incompetent to discern the nature and criminality of an act done by him, shall not be subject to punishment thereof: Provided, however, that if any such person, while capable of discerning the nature and criminality of any act, entertained the intent to do the same, and subsequently does it in pursuance and execution of such intent, he shall be held responsible therefore, though the same be done in such state of mental derangement; and so also if any person voluntarily or heedlessly induce the mental derangement by intoxication or otherwise.

5. No person shall be held criminally responsible for any act, to the doing of which he is compelled by force which he cannot resist, or from which he cannot escape: Provided, however, that no compulsion shall be presumed without evidence; and no one shall be able to justify himself against a charge of his doing an injury to another, by showing the threat or imminent danger of an equal or less injury to himself.

Section 5, Chapter I—Definitions of Some of the Terms used in this Code, provides, “Words in the masculine gender, signify both the masculine and feminine gender, and those in the singular or plural number signify both the singular or plural number, and words importing adults, signify youths or children, where, from the subject matter, the sense, and the connection in which the words are used, such construction appears to be intended.”

Yesterday, the Star-Advertiser reported that Cedric Gates stated, “I think what has been going on in our community is an issue of mistrust with government and miscommunication, and just misinformation in general being spread through the masses, through social media and these different platforms.” He also stated that many have been susceptible to their Instagram or Facebook feeds, or what they heard from their cousin’s cousin.

Not everything you read on the internet is true. Here’s a State Farm Insurance ad that first aired 9 years ago. It’s more relevant now than it was then.

3 thoughts on “The Hawaiian Crime of Common Nuisance and COVID-19

  1. Our country, “Hawai`i Pono`i/He Mele Lahui, as patriotic to the Hawaiian Kingdom, WE, as Hawaiian Subjects are “ONIPA`A”, and LOYAL, despite any conspiracy, nuisance or diversity that comes our way, be Strong……….. “UA MAU KE EA O KA AINA I KA PONO.”

    Mahalo Pono—Cece Kupau and Family, from Pukuilua-Hana

  2. “I think what has been going on in our community is an issue of mistrust with government”

    100% accurate – mistrust with the government of the United States to be precise. The “Tuskegee Study of Untreated Syphilis in the Negro Male,” conducted by the United States Public Health Service is a particularly heinous example of the U.S. government acting contrary to public interest. Why should we believe they have changed?

    The problem of misinformation due to mistrust of government is an American problem not a social media problem and not a science problem. A reasonable person would trust any other government to administer their vaccine before trusting the United States government to do it. Moreover, if a nation at war with the United States cannot trust a public notary of the United States to execute a simple acknowledgement of a conveyance of real property during an occupation, how can that nation be expected to trust the United States government to administer the vaccine that it purports to administer? Makes more sense to hire a pedophile as a babysitter.

  3. Mandatory quarantine for those who are sick can certainly be justified; never so for coerced injections of unknown substances (who can trust what they put in them?). Challenge: put “graphene oxide” into a search engine and see what you find!

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