STATUTORY INSTRUMENTS 1983 No. 881
SAINT CHRISTOPHER AND NEVIS
The Saint Christopher an Nevis Constitution Order 1983
Made: 22nd June 1983
Coming into Operation: 23rd June 1983
THE CONSTITUTION OF SAINT CHRISTOPHER AND NEVIS
WHEREAS the People of Saint Christopher and Nevis-
a) declare that the nation is established on the belief in Almighty God and the
inherent dignity of each individual;
b) assert that they are entitled to the protection of fundamental rights and
freedoms;
c) believe in the concept of true democracy with free and fair elections;
d) desire the creation of a climate of economic wellbeing in the context of
respect for law and order; and
e) are committed to achieve their national objectives with a unity of
purpose:
NOW THEREFORE, the following provisions shall have effect as the Constitution
of Saint Christopher and Nevis:-
CHAPTER I
THE FEDERATION AND THE CONSTITUTION
The Federation and its territory.
1.- (1) The island of Saint Christopher (which is otherwise known as
Saint Kitts) and the island of Nevis shall be a sovereign democratic federal
state which may be styled Saint Christopher and Nevis or Saint Kitts and Nevis
or the Federation of Saint Christopher and Nevis or the Federation of Saint
Kitts and Nevis.
(2) The territory of Saint Christopher and Nevis shall comprise all areas that
were comprise in the associated state of Saint Christopher and Nevis
immediately before 19th September 1983, together with such other areas as may
be declared by Parliament to form part of the territory of Saint Christopher
and Nevis.
Constitution is supreme law.
2.- This Constitution is the supreme law of Saint Christopher and Nevis
and, subject to the provisions of this Constitution, if any other law is
inconsistent with this Constitution shall prevail and the other law shall, to
the extent of the inconsistency, be void.
CHAPTER II
PROTECTION OF FUNDAMENTAL RIGHTS AND FREEDOMS
Fundamental rights and freedoms.
3.- Whereas every person in Saint Christopher and Nevis is entitled to
the fundamental rights and freedoms, that is to shay, the right, whatever his
race, place of origin, birth, political opinions, colors, creed or sex, but
subject to respect for the rights and freedoms of others and for the public
interest, to each and all of the following, namely-
a) life, liberty, security of the person, equality before the law and the
protection of the law;
b) freedom of conscience, of expression and of assembly and association; and
c) protection for his personal privacy, the privacy of his home and other
property and from deprivation of property without compensation,
the provisions of this Chapter shall have effect for the purpose of affording
protection to those rights and freedoms subject to such limitations of that
protection as ate contained in those provisions, being limitations designed to
ensure that the enjoyment of those rights and freedoms by any person does not
impair the rights and freedoms of others or the public interest.
Protection of right to life.
4.- (1) A person shall not be deprived of his life intentionally safe
in execution of the sentence of a court in respect of a criminal offence of
treason or murder under any law of which he has been convicted.
(2) A person shall not be regarded as having been deprived of his life in
contravention of subsection (1) if he dies as the result of the use, to such
extent and in such circumstances as are permitted by law, of such force as is
reasonably justifiable-
a) for the defence of any person from violence or for the defence of
property;
b) in order to effect a lawful arrest, or to prevent the escape, or a person
lawfully detained;
c) for the purpose of suppressing a riot, insurrection or mutiny; or
d) in order to prevent the commission by that person of a criminal offence,
or if he dies as the result of a lawful act of war.
Protection of right to personal liberty.
5.- (1) A person shall not be deprived of his personal liberty save as
may be authorized by law in any of the following cases, that is to say-
a) in consequence of his unfitness to plead to a criminal charge;
b) in execution of the sentence or order of a court, whether established for
Saint Christopher and Nevis or some other country, in respect of a criminal
offence of which he has been convicted;
c) in execution of the order of the High Court or the Court of Appeal punishing
him for contempt of that court or of another court or tribunal;
d) in execution of the order of a court made to secure the fulfillment of any
obligation imposed on him by law;
e) for the purpose of bringing him before a court in execution of the order of
a court;
f) upon reasonable suspicion of his having committed, or being about to commit,
a criminal offence under any law;
g) under the order of a court or with the consent of his parent or guardian,
for his education or welfare during any a period ending not later than the date
when he attains the age of eighteen years;
h) for the purpose of preventing the spread of an infectious of contagious
disease;
i) in the case of a person who is, or is reasonably suspected to be, of unsound
mound, addicted to drugs or alcohol, or a vagrant, for the purpose of his case
or treatment or the protection of the community;
j) for the purpose of preventing the unlawful entry of that person into Saint
Christopher and Nevis or for the purpose of effecting the expulsion,
extradition or other lawful removal of that person from Saint Christopher and
Nevis or for the purpose of restricting that person while he is being conveyed
through Saint Christopher and Nevis in the course of his extradition or removal
as a convicted prisoner from one country to another; or
k) to such extent as may be necessary in the execution of a lawful order
requiring that person to remain within a specified area within Saint
Christopher and Nevis, or prohibiting him from being within such an area, or to
such extent as may be reasonably justifiable for the taking of proceedings
against that person with a view to the making of any such order or relating to
such an order after it has been made, or to such extent as may be reasonably
justifiable for restraining that person during any visit that he is permitted
to make to any part of Saint Christopher and Nevis in which, in consequence of
any such order, his presence would otherwise be unlawful.
(2) Any person who is arrested or detained shall with reasonable promptitude
and in any case not later than forty-eight hours after such arrest or detention
be informed in a language that he understands of the reasons for his arrest or
detention and be afforded reasonable facilities for private communication and
consultation with a legal practitioner of his own choice and, in the case of a
person under the age of eighteen years, with his parents or guardian.
(3) Any person who is arrested or detained-
a) for the purpose of bringing him before a court in execution of the order of
a court; or
b) upon reasonable suspicion of his having committed, or being about to commit,
a criminal offence under any law
and who is not released, shall be brought before a court without undue delay
and in any case not later than seventy-two hours after his arrest or
detention.
(4) Where any person is brought before a court in execution of the order of a
court in any proceedings or upon suspicion of his having committed or being
about to commit a criminal offence, he shall not be thereafter further held in
custody in connection with those proceedings of that offence save upon the
order of a court.
(5) If any person arrested or detained as mentioned in subsection (3)(b) is not
tried within a reasonable time, then, without prejudice to any further
proceedings that may be brought against him, he shall be released either
unconditionally or upon reasonable conditions, including in particular such
conditions as are reasonably necessary to ensure that he appears at a later
date for trial or for proceedings preliminary to trial, and such conditions may
include bail so long as it is not excessive.
(6) Any person who is unlawfully arrested or detained by any other person shall
be entitled to compensation thereof from that other person or from any other
person or authority on whose behalf that other person was acting:
Provided that a judge, a magistrate or a justice of the peace or an officer of
a curt of a police officer acting in pursuance of the order of a judge, a
magistrate or a justice of the peace shall not be under any personal liability
to pay compensation under this subsection in consequence of any act performed
by him in good faith in the discharge of the functions of his office and any
liability to pay any such compensation in consequence of any such act shall be
a liability of the Crown.
(7) For the purposes of subsection (1)(b) a person charged before a court with
a criminal offence in respect of whom a special verdict has been returned that
he was guilty of the act or omission or that he is not guilty by reason of
insanity shall be regarded as a person who has been convected of a criminal
offence and the detention of that person in consequence of such a verdict shall
be regarded as detention in execution of the order of a court.
Protection from slavery of forced labour.
6.-(1) A person shall not be held in slavery or servitude.
(2) No person shall be required to perform forced labour.
(3) For the purposes of this section, the expression "forced labour" does not
include-
a) any labour required in consequence of the sentence or order of a court;
b) labour required of any person while he is lawfully detained that, though not
required in consequence of the sentence or order of a court, is reasonably
necessary in the interests of hygiene or for the maintenance of the place at
which he is detained;
c) any labour required of a member of a disciplined force in pursuance of his
duties as such or, in the case of a person who has conscientious objections to
service as a member of a defence force, any labour that person is required by
law to perform in place of such service; or
d) any labour required during any period of public emergency or in the event of
any accident or natural calamity that threatens the life and well-being of the
community, to he extent that the requiring of such labour is reasonably
justifiable in the circumstances of any situation arising or existing during
that period or as a result of that accident or natural calamity, for the
purpose of dealing with that situation.
Protection from inhuman treatment.
7.- A person shall not be subjected to torture or to inhuman or
degrading punishment or other like treatment.
Protection from deprivation of property.
8.- (1) No property of any description shall be compulsorily taken
possession of, and no interest in or right over property of any description
shall be compulsorily acquired, except for a public purpose and by or under the
provisions of a law that prescribes the principles on which and the manner in
which compensation therefor is to be determined and given.
(2) Every person having an interest in or right over property that is
compulsorily taken possession of or whose interest in or right over any
property is compulsorily acquired shall have a right of direct access to the
High Court for-
a) the determination of his interest or right, the legality of the taking of
possession or acquisition of the property, interest of right and the amount of
any compensation to which he is entitled; and
b) the purpose of enforcing his right to prompt payment of that compensation:
Provided that, if the legislature so provides in relation to any matter
referred to in paragraph (a), the right of access shall be by way of a appeal
(exercisable as of right at the instance of the person having the interest in
or right over the property) from a tribunal or authority, other than the High
Court, having jurisdiction under any law to determine that matter.
(3) The Chief Justice may make rules with respect to the practice and procedure
of the High Court or, subject to such provisions as may have been made in that
behalf by the legislature, with respect to the practice and procedure of any
other tribunal or authority in relation to the jurisdiction conferred on the
High Court by subsection (2) or exercisable by the other tribunal or authority
for the purposes of that subsection (including rules with respect to the time
within which applications or appeals to the High Court or applications to the
other tribunal or authority may be brought).
(4) A person who is untitled to compensation by virtue of subsections (1) shall
not be prevented from remitting, within a reasonable time after he has received
any amount of that compensation in the form of a sum of money or, as the case
may be, has received any such amount in some other form and has converted any
of that amount into a such of money, the whole of that some of money (subject
to any tax that applies generally to persons remitting moneys but free from any
other deduction, charge of tax made or levied in respect of its remission) to
any country of his choice outside Saint Christopher and Nevis.
(5) Nothing contained in or done under the authority of any law shall be held
to be inconsistent with or in contravention of subsection (4) to the extent
that the law in question authorizes-
a) the attachment, by order of a court, of any amount of compensation to which
a person is entitled in satisfaction of the judgment of a court or pending the
determination of civil proceedings to which he is a party;
b) the imposition of reasonable restrictions on the manner in which any sum of
money is to be remitted; or
c) the imposition of reasonable restrictions upon the remission of any sum of
money in order to prevent or regulate the transfer to a country outside Saint
Christopher and Nevis of capital raised in Saint Christopher and Nevis or in
some other country or derived from the natural resources of Saint Christopher
and Nevis.
(6) Nothing contained in or done under the authority of any law shall be held
to be inconsistent with or in contravention of subsection (1)-
a) to the extent that law in question makes provision for the taking of
possession of or acquisition of any property, interest or right-
i) in satisfaction of any tax, rate or due,
ii) by way of penalty for breach of any law or forfeiture in consequence of
breach of any law;
iii) as an incident of a lease, tenancy, mortgage, charge, bill of sale, pledge
or contract;
iv) in the execution of judgments or orders of a court in proceedings for the
determination of civil rights or obligations;
v) in circumstances where it is reasonably necessary so to do because the
property is in a dangerous state or likely to be injurious to the health of
human beings, animals or plants;
vi) in consequence of any law with respect to the limitation of actions; or
vii) for so long only as may be necessary for those purposes, for the purposes
of any examination, investigation, trial or inquiry or, in the case of land,
for the purposes of the carrying out thereon of work of soil conservation or
the conservation of other natural resources or work relating to agricultural
development or improvement (being work relating to such development or
improvement that the owner or occupier of the land has been required, and has
without reasonable excuse refused or failed, to carry out),
and except so far as that provision or, as the case may be, the thing done
under he authority thereof is shown not to be reasonably justifiable in a
democratic society; or
b) to the extent that the law in question makes provision for the taking of
possession of or acquisition of any of the following property (including an
interest in or right over property), that is to say-
i) enemy property;
ii) property of a deceased person, a person of unsound mind or a person who has
not attained the age of eighteen years, for the purpose of its administration
for the benefit of the persons entitled to the beneficial interest therein;
iii) property of a person adjudged bankrupt or a body corporate in liquidation,
for the purpose of its administration for the benefit of the creditors of the
bankrupt or body corporate and, subject thereto, for the benefit of other
persons entitled to the beneficial interest in the property; or
iv) property subject to a trust, for the purpose of vesting the property in
persons appointed as trustees under the instrument creating the trust or by a
court or, by order of a court, for the purpose of giving effect to the trust.
(7) Nothing contained in or done under the authority of any law enacted by
Parliament shall be held to be inconsistent with or in contravention of this
section to the extent that the law in question makes provision for the
compulsory acquisition of any interest in or right over property, where that
property, interest or right is held by a body corporate established by law for
public purposes in which no moneys have been invested other than money provided
by Parliament.
(8) Nothing contained in or done under the authority of any law enacted by the
Nevis Island Legislature shall be held to be inconsistent with or in
contravention of this section to the extent that the law in question makes
provisions for the compulsory taking of possession of any property, or the
compulsory acquisition of any interest in or right over property, where that
property, interest or right is held by a body corporate established by law for
public purposes in which no moneys have been invested other than moneys
provided by that Legislature.
Protection from arbitrary search or entry.
9.-(1) Except with his own consent, a person shall not be subject to
the search of his person or his property or the entry by others o his
premises.
(2) Nothing contained in or done under he authority of any law shall be held to
be inconsistent with or in contravention of this section to the extent that the
law in question makes provision-
a) that is reasonably required in the interests of defence, public safety,
public order, public morality, public health, town and country planning, the
development and utilization of mineral resources or the development or
utilization of any property for a purpose beneficial to the community;
b) that is reasonably requires for the purpose of protecting the rights or
freedoms of other persons;
c) that authorizes an officer or agent of the Government, the Nevis Island
Administration, a local government authority or a body corporate established by
law for public purposes to enter on the premises of any person in order to
inspect those premises or any thing thereon for the purposes of any tax, rate
or due or in order to carry out work connected with any property that is
lawfully on those premises and that belongs to that Government, Administration,
authority or body corporate, as the case may be; or
d) that authorizes, for the purpose of enforcing the judgment or order of a
court in any civil proceedings, the search of any person or property by order
of a court or entry upon any premises by such an order,
and except so far as that provision or, as the case may be, anything done under
the authority thereof is shown not to be reasonably justifiable in a democratic
society.
Provisions to secure protection of law.
10.- (1) If any person is charged with a criminal offence, then unless
the charge is withdrawn, the case shall be afforded a fair hearing within a
reasonable time by an independent and impartial court established by law.
(2) Every person who is charged with a criminal offence-
a) shall be presumed to be innocent until he is proved or has pleaded guilty;
b) shall be informed as soon as reasonably practicable, in a language that he
understands and in detail, of the nature of the offence charged;
c) shall be given adequate time and facilities for the preparation of his
defence;
d) shall be permitted to defend himself before the court in person or, at his
own expense, by a legal practitioner of his own choice;
e) shall be afforded facilities to examine in person or by his legal
representative the witnesses called by the prosecution before the court, and to
obtain the attendance and carry out the examination of witnesses to testify on
his behalf before the court on the same conditions as those applying to
witnesses called by the prosecution; and
f) shall be permitted to have without payment the assistance of an interpreter
if he cannot understand the language used at the trial,
and except with his own consent the trial shall not take place in his presence
impracticable and the court has ordered him to be removed and the trial to
proceed in his absence:
Provided that the trial may take place in his absence in any case in which it
is so provided by a law under which he is entitled to adequate notice of the
charge and the date, time and place of the trial and to a reasonable
opportunity of appearing before the court.
(3) When a person is tried for any criminal offence, the accused person or any
person authorized by him in that behalf shall, if he so requires and subject to
payment of such reasonable fee as may be prescribed by law, be given within a
reasonable time after judgment a copy for the use of the accused person of any
record of the proceedings made by or on behalf of the court.
(4) A person shall not be held to be guilty of a criminal offence on account of
any act or omission that did not, at the time it took place,constitute such an
offence, and no penalty shall be imposed for any criminal offence that is
severer in degree or description than the maximum penalty that might have been
imposed for that offence at the time when it was committed.
(5) A person who shows that he has been tried by a competent court for a
criminal offence and either convicted or acquitted shall not again be tried for
that offence or for any other criminal offence, save upon the order of a
superior court in the course of appeal or review proceedings relating to the
conviction or acquittal.
(6) A person shall not be tried for a criminal offence if he shows that he has
been pardoned for that offence.
(7) A person who is tried for a criminal offence shall not be compelled to give
evidence at the trial.
(8) Any court or other authority prescribed by a law for the determination of
the existence or extent of any civil right or obligation shall be established
by law and shall be independent and impartial; and where proceedings for such a
determination are instituted by any person before such a court or other
authority, the case shall be given a fair hearing within a reasonable time.
(9) Where the existence or extent of any civil right or obligation has been
determined in proceedings in any court or before any other authority any party
to those proceedings shall, if he so requires and subject to payment of such
reasonable fee as may be prescribed by law, be entitled to obtain within a
reasonable time after the judgment or other determination a copy of any record
of the proceedings made by or on behalf of the court of other authority.
(10) Except with the agreement of all the parties thereto, all proceedings of
every court and all proceedings for the determination of the existence or
extent of any civil right or obligation before any other authority, including
the announcement of the decision of the court or other authority, shall be held
in public.
(11) Nothing in subsection (10) shall prevent the court or other adjudicating
authority from excluding from the proceedings persons other than the parties
thereto and the legal practitioners representing them to such extent as the
court or other authority-
a) may by law be empowered to do and may consider necessary or expedient in
circumstances where publicity would impair the interests of justice or in
interlocutory proceedings or in the interests of public morality, the welfare
of persons under the age of eighteen years of the protection of the private
lives of persons concerned in the proceedings; or
b) may by a law be empowered or required to do in the interests of defence,
public safety or public order.
(12) Nothing contained in or done under the authority of any law shall be held
to be inconsistent with or in contravention of-
a) subsection (2)(a) to the extent that the law in question imposes upon any
person charged with a criminal offence the burden of proving particular
facts;
b) subsection (2)(e) to the extent that the law in question imposes reasonable
conditions that mist be satisfied if witnesses called to testify on behalf of
an accused person are to be paid their expenses out of public funds; or
c) subsection (5) to the extent that the law in question authorizes a court to
try a member of a disciplined force for a criminal offence notwithstanding any
trial and conviction or acquittal of that member under the disciplinary law of
that force, so, however, that any court so trying such a member and convicting
him shall in sentencing him to any punishment take into account any punishment
awarded him under that disciplinary law.
(13) In the case of any person who is held in lawful detention subsection (1),
paragraphs (d) and (e) of subsection (2) and subsection (3) shall not apply in
relation to his trial for a criminal offence under the law regulating the
discipline of persons held in such detention.
(14) In this section "criminal offence"means a criminal offence under a law.
Protection of freedom of conscience.
11.- (1) Except with his own consent, a person shall not be hindered in
the enjoyment of his freedom of conscience, including freedom of thought and of
religion, freedom to change his religion or belief and freedom, either alone or
in community with others, and both in public and in private, to manifest and
propagate his religion or belief in worship, teaching, practice and
observance.
(2) Except with his own consent (or, if he is a person under the age of
eighteen years, the consent of a person who is his parent or guardian) a person
attending any place of education, detained in any prison or corrective
institution or serving in a defence force shall not be required to receive
religious instruction or to take part in or attend any religious ceremony or
observance if that instruction, ceremony or observance relates to a religion
that is not his own.
(3) Every religious community shall be entitled, at its own expense, to
establish and maintain places of education and to manage any place of education
that it wholly maintains and such a community shall not be prevented from
providing religious instruction for persons of that community in the course of
any education that it wholly maintains or in the course of any education that
it otherwise provides.
(4) A person shall not be compelled to take any oath that is contrary to his
religion or belief or to take any oath in a manner that is contrary to his
religion or belief.
(5) Nothing contained in or done under the authority of any law shall be held
to be inconsistent with or in contravention of this section to the extent that
the law in question makes provisions that is reasonably required-
a) in the interests of defence, public safety, public order, public morality or
public health;
b) for the purpose of protecting the rights and freedoms of other persons,
including the right to observe and practice any religion without the
unsolicited intervention of members of any other religion; or
c) for the purpose or regulating educational institutions in the interests of
the persons who receive or may receive instruction in them,
and except so far as that provisions or, as the case may be, the thing done
under the authority thereof is shown not to be reasonably justifiable in a
democratic society.
(6) References in this section to a religion shall be construed as including
references to a religious denomination, and cognate expression shall be
construed accordingly.
Protection of freedom of expression.
12.- (1) Except with his own consent, a person shall not be hindered in
the enjoyment of his freedom of expression, including freedom to hold opinions
without interference, freedom to receive ideas and information without
interference, freedom to communicate ideas and information without interference
(whether the communication is to the public generally or to any person or class
of persons) and freedom from interference with his correspondence.
(2) Nothing contained in or done under the authority of any law shall be held
to be inconsistent with or in contravention of this section to the extent that
the law in question makes provision-
a) that is reasonably required in the interests of defence, public safety,
public order, public morality or public health;
b) that is reasonably required for the purpose of protecting the reputations,
rights and freedoms of other persons of the private lives of persons concerned
in legal proceedings, preventing the disclosure of information received in
confidence, maintaining the authority and independence of the courts or
regulating telephony, telegraphy, posts, wireless broadcasting or television;
or
c) that imposes restrictions upon public officers that are reasonably required
for the proper performance of their functions,
and except so far as that provisions or, as the case may be, the things done
under the authority thereof is shown not to be reasonably justifiable in a
democratic society.
Protection of freedom of assembly and association.
13.- (1) Except with his own consent, a person shall not be hindered in
the enjoyment of his freedom of assembly and association, that is to say, his
right to assembly freely and associate with other persons and in particular to
form or belong to trade unions or other associations for the protection of his
interests or to form or belong to political parties or other political
associations.
(2) Nothing contained in or done under the authority of any law shall be held
to be inconsistent with or in contravention of this section to the extant that
the law in question makes provision-
a) that is reasonably required in the interests of defence, public safety,
public order, public morality or public health;
b) that is reasonably required for the purpose of protecting the rights or
freedoms or other persons; or
c) that imposes restrictions upon public officers that are reasonably required
for the proper performance of their functions,
and except so far as that provision or, as the case may be, the thing done
under the authority thereof is shown not to be reasonably justifiable in a
democratic society.
Protection of freedom of movement.
14.- (1) A person shall not be deprived of his freedom of movement,
that is to say, the right to move freely throughout Saint Christopher and
Nevis, the right to reside in any part of Saint Christopher and Nevis, the
right to enter Saint Christopher and Nevis, the right to leave Saint
Christopher and Nevis and immunity from expulsion from Saint Christopher and
Nevis.
(2) Any restriction on a person's freedom of movement that is involved in his
lawful detention shall not be held to be inconsistent with or in contravention
of subsection (1).
(3) Nothing contained in or done under the authority of any law shall be held
to be inconsistent with or in contravention of subsection (1) to the extent
that the law in question makes provision-
a) for the imposition of restrictions on the movement or residence within Saint
Christopher and Nevis of any person or on any person's right to leave Saint
Christopher and Nevis that are reasonably required in the interests of defence,
public safety or public order;
b) for the imposition of restrictions on the movement or residence within Saint
Christopher and Nevis or on the right to leave Saint Christopher and Nevis of
persons generally or any class of persons in the interests of defence, public
safety, public order, public morality or public health and except so far as
that provision or, as the case may be, the thing done under the authority
thereof is shown not to be reasonably justifiable in a democratic society;
c) for the imposition of restrictions, by order of a court, on the movement or
residence within Saint Christopher and Nevis of any person or on any person's
right to leave Saint Christopher and Nevis either in consequence of his having
been found guilty of a criminal offence under any law or for the purpose of
ensuring that he appears before a court at a later date for trial of such a
criminal offence or for proceedings preliminary to trial or for proceedings
relating to his extradition or lawful removal from Saint Christopher and
Nevis;
d) for the imposition of restriction on the acquisition or use by any person of
land or other property in Saint Christopher and Nevis;
e) for the imposition of restrictions on the acquisition or use by any person
of land or other property in Saint Christopher and Nevis;
f) for the imposition of restrictions upon the movement or residence within
Saint Christopher or on the right to leave Saint Christopher and Nevis of any
public officer that are reasonable required for the proper performance of his
functions;
g) for the removal of a person from Saint Christopher and Nevis to be tried or
punished in some other country for a criminal offence under the law of that
other country or to under go imprisonment in some other country in execution or
the sentence or a court in respect of a criminal offence under a law of which
he has been convicted; or
h) for the imposition of restrictions on the right of any person to leave Saint
Christopher and Nevis that are reasonably required in order to secure the
fulfillment of any obligations imposed on that person by law,
and except so far as that provision or, as the case may be, the thing don under
the authority thereof is shown not to be reasonably justifiable in democratic
society.
(4) If any person whose freedom of movement has been restricted by virtue of
such a provision as is referred to in subsection (3)(a) so request at any time
during the period of that restriction not earlier than twenty one days after
the order imposing the restriction was made or, as the case may be three months
after he last made such a request, his case shall be reviewed by an independent
and impartial tribunal presided over by a person appointed by the Chief Justice
from among persons who hold the office of magistrate or who are legal
practitioners.
(5) On any review by a tribunal in pursuance of subsection (4) of the case of
any person whose freedom of movement has been restricted, the tribunal may make
recommendations concerning the necessity or expediency of the continuation of
that restriction to the authority by whom it was ordered but, unless it is
otherwise provided by law, that authority shall not be obliged to act in
accordance with any such recommendations.
Protection from discrimination on grounds of race etc.
15.- (1) Subject to subsections (4), (5) and (7), no law shall make any
provision that is discriminatory either or itself or in its effect.
(2) Subject to subsections (6), (7), (8) and (9), a person shall not be treated
in a discriminatory manner by any person acting by virtue of any written law or
in the performance of the functions of any public office or any public
authority.
(3) In this section the expression "discriminatory" means affording different
treatment to different persons attributable wholly or mainly to their
respective descriptions by race, place or origin, birth out or wedlock,
political opinions or affiliations, color, sec or creed whereby persons of one
such description are subjected to disabilities or restrictions to which persons
of another such description are not made subject or are accorded privileges or
advantages that are not accorded to persons of another such descriptions.
(4) Subsection (1) shall not apply to any law so far as that law makes
provision-
a) for the appropriation of public revenues or other public funds;
b) with respect to persons who are not citizens;
c) for the application, in the case of persons of any such description as is
mentioned in subsection (3) (or of persons connected with such persons) of the
law with respect to adoption, marriage, divorce, burial, devolution of property
on death or other like matters that is the personal law of persons of that
description; or
d) whereby persons of any such description as is mentioned in subsection (3)
may be subjected to any disability or restriction or may be accorded any
privilege or advantage that, having regard to its nature and to special
circumstances pertaining to those persons or to persons of any other such
description, is reasonably justifiable in a democratic society.
(5) Nothing contained in any law shall be held to be inconsistent with or in
contravention of subsection (1) to the extent that it makes provision with
respect to standards or qualifications (not being standards or qualifications
specifically relating to race, place of origin, birth out of wedlock, political
opinions or affiliations, color, creed or sex) to be required of any person who
is appointed to or to act in any office under the Crown, any office in the
service of a local government authority of any office in a body corporate
established by law for public purposes.
(6) Subsection (2) shall not apply to anything that is expressly or by
necessary implication authorized to be done by any such provision of law as is
referred to in subsection (4) or (5).
(7) Nothing contained in or done under the authority of any law shall be held
to be inconsistent with or in contravention of subsection (1) of (2) to the
extent that the law in question makes provision whereby persons of any such
description as is mentioned in subsection (3) may be subjected to any
restriction on the rights and freedoms guaranteed by section 9, 11, 12, 13 and
14, being such a restriction as is authorized by section 9(2), 11(5), 12(2) or
13(2) or, as the case may be, paragraph (a), (b), of (h) of section 14(3).
(8) Nothing in subsection (2) shall affect any discretion relating to the
institution, conduct or discontinuance of civil or criminal proceedings in any
court that is vested in any person by or under any law.
(9) Nothing in subsection (2) shall apply in relation to the exercise of any
function vested in any person or authority by any of the provisions of this
Constitution except sections 78(19, 79(2), 80(1), 82(1), 83 and 85 (which
relate to the appointment etc, of public officers).
Emergency measures derogating from s.5 of 15.
16.- Nothing contained in or done under the authority of a law enacted
by Parliament shall be held to be inconsistent with or in contravention of
section 5 or 15 to the extent that the law authorizes the taking during any
period of public emergency of measures that are reasonably justifiable for
dealing with the situation that exist in Saint Christopher and Nevis or in part
of Saint Christopher and Nevis during that period.
Protection of persons detained in derogation from s.5.
17.- (1) When a person is detained under emergency measures derogating
from section 5 by virtue of section 16 the following provisions shall apply,
that is to say-
a) he shall, with reasonable promptitude and in any case not more than seven
days after the commencement of his detention, be informed in a language that he
understands and is detail of the grounds upon which he is detained and
furnished with a written statement in English specifying those grounds in
detail;
b) not more than fourteen days after the commencement of his detention, a
notification shall be published in the Gazette stating that he has been
detained and giving particulars of the provisions of law under which his
detention is authorized;
c) not more than one month after the commencement of his detention and
thereafter during his detention at intervals of not more than three months, his
case shall be reviewed by and independent and impartial tribunal established by
law and presided over by a person appointed by the Chief Justice from among
persons who hold the offence of magistrate or who are legal practitioners;
d) he shall be afforded reasonable facilities for private communication and
consultation with a legal practitioner of his own choice who shall be permitted
to make representations to the tribunal appointed for the review for the case
of the detained person; and
e) at the hearing of his case by the tribunal appointed for the review of his
case he shall be permitted to appear in person or to be represented by a legal
practitioner of his own choice.
(2) On any review by a tribunal in pursuance of this section for the case of a
detained person, the tribunal may make recommendations concerning the necessity
or expediency of continuing his detention to the authority by which it was
ordered but, unless it is otherwise provided by law, that authority shall not
be obliged to act in accordance with any such recommendations.
(3) Nothing contained in subsection (1)(d) or (1)(e) shall be construed as
entitling a person to legal representation at public expense.
Enforcement of protective provisions.
18.- (1) If any person alleges that any of the provisions of section 3
to 17 (inclusive) has been, is being or is likely to be contravened in relation
to him (or, in the case of a person who is detained, if any other person
alleges such a contravention in relation to the detained person), then, without
prejudice to any other action with respect to the same matter that is lawfully
available, that person (or that other person) may apply to the High Court for
redress.
(2) The High Court shall have original jurisdiction-
a) to her and determine any application made by any person in pursuance of
subsection (1); and
b) to determine any question arising in the case of any person that is refereed
to it in pursuance of subsection (3)
and may make such declarations and orders, issue such writs and give such
directions as it may consider appropriate for the purpose of enforcing or
securing the enforcement of any of the provisions of section 3 to 17
(inclusive):
Provided that the High Court may decline to exercise its powers under this
subsection if it is satisfied that adequate means of redress for the
contravention alleger are or have been available to the person concerned under
any other law.
(3) If in any proceedings in any court (other than the Court of Appeal or the
High Court or a court-martial) any question arises as to the contravention of
any of the provisions of section 3 to 17 (inclusive), the person presiding in
that court may and, if any party to the proceedings so requests, shall refer
the question to the High Court unless, in his opinion, the rasing of the
question is merely frivolous or vexatious.
(4) Where any question is referred to the High Court in pursuance of
subsection(3), the High Court shall give its decision upon the question and the
court in which the question arose shall dispose of the case in accordance with
that decision or, if that decision is the subject of an appeal to the Court or
Appeal or to Her Majesty in Council, in accordance with the decision of the
Court of Appeal or, as the case may be, of Her Majesty in Council.
(5) The High Court shall have such powers in addition to those conferred by
this section as may be conferred upon it by the legislature for the purpose of
enabling it more affectively to exercise the jurisdiction conferred upon it by
this section.
(6) The Chief Justice may make rules with respect to the practice and procedure
of the High Court in relation to the jurisdiction and powers conferred on it by
or under this section (including rules with respect to the time within which
applications may be brought and references shall be made to the High Court).
Declaration of emergency.
19.- (1) The Governor-general may by proclamation declare that for the
purposes od this chapter a state of emergency exist either in Saint Christopher
and Nevis.
(2) A proclamation under subsection (1) shall not be effective unless it
includes a declaration that the Governor-general is satisfied that a public
emergency has arisen-
a) because of the possibility that Her Majesty may shortly be at war;
b) because of the occurrence of any accident or natural calamity, or
c) because action has been taken by any person, or there is an imminent threat
of action by any person, of such a nature and on so extensive a scale as to be
likely to endanger the public safety or to deprive the community or any
substantial portion of the community of supplies or services essential to
life.
(3) Every declaration of emergency shall lapse-
a) in the case of a declaration made when the National Assembly sitting, at the
expiration of a period of seven days beginning with the date of publication of
the declaration; and
b) in any other case, at the expiration of a period of twenty-one days
beginning with the date of publication of the declaration
unless it has in the meantime been approved by resolution of the Assembly.
(4) A declaration under subsection (1) that a state of emergency exists in a
part of Saint Christopher and Nevis that comprises or includes all or part of
the island of Nevis shall, to the extent that it relates to that island,
lapse-
a) in the case of a declaration made when the Nevis Island Assembly is sitting,
at the expiration of a period of seven days beginning with the date of
publication of the declaration; and
b) in ant other case, at the expiration of a period of twenty- one days
beginning with the date of publication of the declaration,
unless it has in the meantime been approved by resolution of the Assembly.
(5) A declaration of emergency may at any time be revoked by the
Governor-General by proclamation.
(6) Unless sooner revoked-
a) a declaration of emergency that has been approved by resolution of the Nevis
Island Assembly in pursuance of subsection (3) shall case to be in force it
that resolution ceases to be in force; and furthermore
b) a declaration of emergency that has been approved by resolution of the Nevis
Island Assembly in pursuance of subsection (4) shall, to the extent that it
relates to the island of Nevis, cease to be in force it that resolution ceases
to be in force notwithstanding that a declaration of the National Assembly
approving it in pursuance of subsection (3) remains in force.
(7) A resolution of the National Assembly or the Nevis Island Assembly passed
for the purposes of this section shall remain in force for twelve months or
such shorter period as may be specified therein:
Provided that any such resolution may be extended from time to time by a
further such resolution, each extension not exceeding twelve months from the
date of the resolution effecting the extension, and any such resolution may be
revoked at any time by a further resolution.
(8) A resolution of the National Assembly for the purposes of subsection (3)
and a resolution of the Assembly extending any such resolution shall not be
passed in the Assembly unless it is supported by the votes of not less than
two-thirds of all the Representatives and Senators; and a resolution revoking
any such resolution shall not be passed unless it is supported by the votes of
a majority of all the Representatives and Senators.
(9) Any provision of this section that a declaration of emergency shall lapse
or cease to be in force at any particular time is without prejudice to the
making of a further declaration of emergency whether before or after that
time.
(10) In the exercise of his powers to make or revoke any such declaration as is
referred to in subsection (4) the Governor-General shall act in accordance with
the advice of the Prime Minister but no such advice shall be given without the
concurrence of the Premier.
(11) In this section "declaration of emergency" means a declaration under
subsection (1).
Interpretation and savings.
20.- (1) In this Chapter, unless the context otherwise requires-
"contravention", in relation to any requirement, includes a failure to comply
with that requirement, and cognate expressions shall be construed
accordingly;
"court" means any court of law having jurisdiction in Saint Christopher and
Nevis other than a court established by a disciplinary law, and includes Her
Majesty in Council and in sections 4 and 6 a court established by a
disciplinary law;
"disciplinary law" means a law regulating the discipline of any disciplined
force;
"disciplinary force" means-
a) a defence force;
b) the Police Force; or
c) a prison service;
"member", in relation to a disciplined force, includes any person who, under
the law regulating the discipline or that force, is subject to that
discipline.
(2) In this Chapter "a period of public emergency" means any period during
which-
a) Her Majesty is at war; or
b) there is in force a declaration under section 19 that a state of emergency
exist in Saint Christopher and Nevis or in part of Saint Christopher and
Nevis.
(3) In relation to any person who is a member of a disciplined force of Saint
Christopher and Nevis, nothing contained in or done under the authority of the
disciplinary law of that force shall be held to be inconsistent with or in
contravention of any of the provisions of this Chapter other than sections 4, 6
and 7.
(4) In relation to any person who is a member of a disciplined force of a
country other than Saint Christopher and Nevis and lawfully present in Saint
Christopher and Nevis, nothing contained in or done under the authority of the
disciplinary law of that force shall be held to be inconsistent with or in
contravention of any of the provisions of this Chapter.
(5) Nothing in this Chapter shall be construed as empowering the legislature to
make any law that would impede the due exercise by any person or authority
(including any authority established for the island of Nevis by Chapter X) of
any power or other functions vested in that person or authority by this
Constitution.
CHAPTER III
THE GOVERNOR-GENERAL
Establishment of office.
21.- There shall be for Saint Christopher and Nevis a Governor-General
who shall be a citizen appointed by Her Majesty and shall hold office during
Her Majesty's pleasure and who shall be Her Majesty's representative in Saint
Christopher and Nevis.
Acting Governor-General.
22.- (1) During any period when the office of Governor-General is
vacant or the holder of the office of Governor-General is absent from Saint
Christopher and Nevis or is for any other reason unable to perform the
functions of his office those functions shall be performed by such person as
Her Majesty may appoint.
(2) Any person appointed under subsection (1) shall hold office during Her
Majesty's pleasure and shall in any case cease to perform the functions of the
office of Governor-General if the holder of the office of Governor-general has
notified him that he is about to assume or resume those functions.
(3) The holder of the office of Governor-General shall not, for the purposes of
this section, be regarded as absent from Saint Christopher and Nevis or as
unable to perform the function of his office-
a) by reason that he is in passage from one part of Saint Christopher and Nevis
to another; or
b) at any time when there is a subsisting appointment of a deputy under section
23(1).
Deputy to Governor-General.
23.- (1) When the Governor-General-
a) has occasion to be absent from the seat of government but not from Saint
Christopher and Nevis;
b) has occasion to be absent from Saint Christopher and Nevis for a period that
he considers, in his own deliberate judgment, will be of short duration; or
c) is suffering from an illness that he considers, in his own deliberate
judgment, will be of short duration,
he may appoint any person in Saint Christopher and Nevis to be his deputy
during such absence or illness and in that capacity to perform on his behalf
such of the functions of the office of Governor-general as he may specify.
(2) Without prejudice to subsection (1), the Governor-General shall appoint a
person in the island of Nevis as Deputy Governor-General to be his deputy in
that island and in that capacity to signify on his behalf that he assents or
withholds his assent to any bill passed by the Nevis Island Assembly and to
perform on his behalf such other functions of the office of Governor-General
relating to that island as he may specify.
(3) The power and authority of the Governor-General shall not be abridged,
altered or in any way affected by the appointment of a deputy under this
section and, subject to the provisions of this Constitution and any other law,
a deputy shall conform to and observe all instructions that the
Governor-General, acting in his own deliberate judgment, may from time to time
address to him:
Provided that the question whether or not a deputy has conformed to and
observed any such instructions shall not be enquired into by any court of
law.
(4) Subject to subsection (5), a person appointed under subsection (1) or, as
the case may be, subsection(2) shall hold his appointment for such period as
may be specified by the Governor-General at the time of his appointment.
(5) Any appointment made under subsection (1) or, as the case may be,
subsection (2) may be revoked at any time by the Governor-General.
(6) The Governor-General shall act-
a) in relation to the making of an appointment under subsection (1) or the
revocation of such an appointment, in accordance with the advice of the Prime
Minister; and
b) in relation to the making of an appointment under subsection (2) or the
revocation of such an appointment, in accordance with the advice of the
Premier.
Oaths.
24.- A person appointed to hold or act in the office of
Governor-General or to be his deputy shall, before entering upon the duties of
that office, take and subscribe the oath of allegiance and the oath of
office.
CHAPTER IV
PARLIAMENT
PART 1
Composition or Parliament
Establishment.
25.- There shall be for Saint Christopher and Nevis a Parliament which
shall consist of Her Majesty and a National Assembly.
National Assembly.
26.- (1) The National Assembly shall consist of-
a) such number of Representatives as corresponds with the number or
constituencies for the time being established in accordance with section 50;
and
b) such number of Senators as is specified in subsection (2), who shall be
appointed in accordance with section 30.
(2) The number of Senators shall be three or such greater number (not exceeding
two-thirds of the number of Representatives) as may be prescribed be
Parliament:
Provided that at any time when a person who is a Senator holds the office or
Attorney-General the number of Senators shall be increased by one.
(3) If a person who is not a member of the National Assembly is elected to be
Speaker be a member of the Assembly.
(4) At any time when the office of Attorney-General is a public office the
Attorney-General shall, by virtue of holding or acting in that office, be a
member of the National Assembly.
(5) Any person who sits or votes in the National Assembly knowing or having
reasonable grounds for knowing that he is not entitled to do so shall be guilty
of a criminal offence and liable to a fine not exceeding one hundred dollars,
or such other sum as may be prescribed by Parliament, for each day on which he
so sits or votes in the Assembly.
(6) Any prosecution for an offence under subsection (5) shall be instituted in
the High Court and shall nor be so instituted except by the Director of Public
Prosecutions.
Qualification for Representatives and Senators.
27.- Subject to section 28, a person shall be qualified to be elected
or appointed as a member of the National Assembly if, and shall not be so
qualified unless, he is a citizen of the age of twenty-one years or upwards and
he or one of his parents was born in Saint Christopher and Nevis and he is
domiciled there at the date of his nomination for election or his appointment,
as the case may be.
Disqualifications for Representatives and Senators.
28.- (1) A person shall not be qualified to be elected or appointed as
a member if he-
a) is, by virtue of his own act, under any acknowledgement of allegiance,
obedience or adherence to a foreign power or state;
b) is a minister of religion;
c) is an undischarged bankrupt, having been adjudged or otherwise declared
bankrupt under any law;
d) is a person certified to be insane or otherwise adjudge to be of unsound
mind under any law; or
e) is under sentence of death imposed on him by a court of law in any part of
the Commonwealth or is serving a sentence of imprisonment (by whatever name
called) exceeding twelve months imposed on him by such a court or substituted
by competent authority for some other sentence imposed on him by such a court,
or is under such a sentence of imprisonment the execution of which has been
suspended.
(2) If it so provided by Parliament, a person shall not be qualified to be
elected or appointed as a member if he holds or is acting in any office that is
specified by Parliament and the functions of which involve responsibility for,
or in connection with, the conduct of any election of Representatives or
members of the Nevis Island Assembly or the compilation of any register of
voters for the purpose of electing Representatives or members of that
Assembly.
(3) If it id so provided by Parliament, a person who is convicted by any court
of law of any criminal offence that is prescribed by Parliament and that is
connected with the election of Representatives or members of the Nevis Island
Assembly or is reported guilty of such an offence by the court trying an
election petition shall not be qualified, for such a period (not exceeding five
years) following his conviction or, as the case may be, following the report of
the court as may be so prescribed, to be elected or appointed as a member.
(4) A person shall not be qualified to be elected as a Representative who is a
Senator; and a person shall not be qualified to be appointed as a Senator who
is, or is nominated for election as, a Representative or who has at any time
since Parliament was last dissolved stood as a candidate for election as a
Representative without being so elected.
(5) If it is so provided by Parliament, and subject to such exceptions and
limitations (if any) as Parliament may prescribe, a person shall not be
qualified to be elected or appointed as a member if-
a) he holds or is acting in any office or appointment (whether specified
individually or by reference to a class of office or appointment) other than
the office of elected member of nominated member of the Nevis Island Assembly
or member of the Nevis Island Administration;
b) he belongs to any defence force or to any class of person that is comprised
in any such force;
c) he belongs to any police force or to any class of person that is comprised
in any such force; or
d) subject to any exception or limitations prescribed by Parliament, he has any
such interest in any such government contract as may be so prescribed.
(6) In this section-
"government contract" means any contract made with the Government or with a
department of the Government or with an officer of the Government contracting
as such;
"member" means member of the National Assembly;
"minister or religion" means any person in holy orders and any other person the
principal function of whose occupation include teaching or preaching i any
congregation for religious worship.
(7) For the purposes of paragraph (e) of subsection (1)-
a) two or more sentences or imprisonment that are required to be served
consecutively shall be regarded as separate sentences if none of those sentence
exceeds twelve months, but if any one of such sentence exceeds that term they
shall be regarded as on sentence; and
b) no account shall be taken of a sentence of imprisonment imposed as an
alternative to or in default or the payment of a fine.
Election of Representatives.
29.- (1) Each of the constituencies established in accordance with the
provisions of section 50 of this Constitution shall return one Representative
to the National Assembly who shall be directly elected in such manner as may,
subject to the provisions of this Constitution, be prescribed by or under any
law enacted by Parliament.
(2) Every Commonwealth citizen of the age of eighteen years or upward who
possesses such qualifications relating to residence or domicile in Saint
Christopher and Nevis as Parliament may prescribe shall, unless he is
disqualified by Parliament from registration as such, be entitled to be
registered as a voter for the purpose of electing Representatives in one (but
not more than one) constituency in accordance with the provisions of any law in
that behalf and no other person may be registered as such.
(3) Every person who is registered under subsection (2) in any constituency
shall, unless he is disqualified by Parliament from voting in any election of
Representatives or of members of the Nevis Island Assembly, be entitled so to
vote in that constituency in accordance with the provisions of any law in that
behalf and no other person may so vote.
(4) In any election of Representatives the votes shall be given by ballot in
such manner as not to disclose how any particular person votes.
Appointment of Senators.
30.- (1) Of the Senators-
a) one-third or their number (excluding any Senator who holds the office of
Attorney-General) shall be appointed by the Governor-General, acting in
accordance with the advice of the Leader to the Opposition; and
b) the others shall be appointed by the Governor-General, acting in accordance
with the advice of the Prime Minister.
(2) In this section "one-third" means, in relation to a number of Senators that
is not a multiple of three, one-third of the next higher number that is such a
multiple.
Tenure of office of Representatives and Senators.
31.- (1) An elected or appointed member shall vacate his seat in the
National Assembly at the next dissolution of Parliament after his election or
appointment.
(2) A Senator appointed under subsection (1)(a) of section 30 shall vacate his
seat in the National Assembly if his appointment is revoked by the
Governor-General, acting in accordance with the advice of the Leader of the
Opposition, and a Senator appointed under subsection (1)(b) of that section
shall vacate his seat in the Assembly if his appointment is revoked by the
Governor-General, acting in accordance with the advice of the Prime Minister.
(3) An elected or appointed member shall also vacate his seat in the
Assembly-
a) if he is absent from the sittings of the Assembly for such period and in
such circumstances as may be prescribed in the rules of procedure or the
Assembly;
b) if he ceases to be a citizen;
c) subject to subsection (4), if any other circumstances arise that, if he were
not a member, would cause him to be disqualified to be elected or appointed as
such by virtue of subsection (1) of section 28 or of any law enacted in
pursuance of subsection (2),(3) or (5) of that section; or
d) in the case of a Senator who holds the office of Attorney-General, if he
ceases to hold that office.
(4) a) If any such circumstances as are referred to in paragraph (c) of
subsection (3) arise because an elected or appointed member is under sentence
of death or imprisonment, adjudge to be of unsound mind, declared bankrupt or
convicted or reported guilty of an offence relating to elections and if it is
open to the member to appeal against the decision (either with the leave of a
court of law or other authority or without such leave) he shall forthwith cease
to perform his functions as a member but, subject to the provisions of this
section, he shall not baccate his seat until the expiration of a period or
thirty days thereafter:
Provided that the Speaker may, at the request of the member, from time to time
extend that period for further periods of thirty days to enable the member to
pursue an appeal against the decision, so however, that extensions of time
exceeding in the aggregate one hundred and fifty days shall not be given
without the approval, signified by resolution, of the National Assembly.
b) If, on the determination of any appeal, such circumstances continue to exist
and no further appeal is pen to the member of if, by reason of the expiration
of any period for entering an appeal or notice thereof on the refusal of leave
to appeal or for any other reason, it ceases to be open to the member to
appeal, he shall forthwith vacate his seat.
c) If at any time before the member vacates his seat such circumstances cease
to exist, his seat shall not become vacant on the expiration of the period
referred to in paragraph (a) and he may resume the performance of his functions
as a member.
(5) In this section "member" means member of the National Assembly.
Speaker and Deputy Speaker.
32.- (1) When the National Assembly first meets after any general
election and before it proceeds to the despatch of any other business, if shall
elect a person to be the Speaker of the Assembly; and if the office of Speaker
falls vacant at any time before the next dissolution of Parliament the Assembly
shall,as soon as practicable, elect another person to that office.
(2) The Speaker may be elected from among the members of the National Assembly
who are not members of the Cabinet or Parliamentary Secretaries of from among
persons who are not members of the Assembly but who are qualified for election
as a Representative or appointment as a Senator.
(3) When the National Assembly first meets after any general election and
before it proceeds to the despatch of any other business except the election of
the Speaker the Assembly shall elect a member of the Assembly who is not a
member of the Cabinet or a Parliamentary Secretary to be Deputy Speaker of the
Assembly, and if the office of Deputy Speaker falls vacant at any time before
the next dissolution of Parliament, the Assembly shall, as soon as convenient,
elect another such member to that office.
(4) No business shall be transacted in the National Assembly (other than the
election of a Speaker) at any time when the office of Speaker is vacant.
(5) A person shall vacate the office of Speaker or Deputy Speaker-
a) in the case of a Speaker elected from among the members of the National
Assembly or in the case of the Deputy Speaker-
i) if he ceases to be a member of the Assembly:
Provided that the Speaker shall not baccate his office by reason only that he
has ceased to be a member of the Assembly on a dissolution of Parliament, until
the Assembly first meets after the dissolution; or
ii) if he becomes a member of the Cabinet or a Parliamentary Secretary.
b) in the case of a Speaker elected from among persons who are not members of
the Assembly-
i) when the Assembly first meets after any dissolution of Parliament;
ii) if he ceases to be a citizen; or
iii) if any circumstances arise that would cause him to be disqualified for
election as a Representative or appointment as a Senator; or
c) in the case of the Deputy Speaker, if he is elected to be Speaker.
(6) a) If, by virtue of section 31(4),the Speaker or the Deputy Speaker is
required to cease to perform his functions as a member of the National Assembly
he shall also cease to perform his functions as Speaker or Deputy Speaker, as
the case may be, and those functions shall, until he vacates his seat in the
Assembly or resumes the performance of the functions of his office, be
performed-
i) In the case of the Speaker, by the Deputy Speaker or, if the office of
Deputy Speaker is vacant or the Deputy Speaker is required to cease to perform
his functions as a member of the Assembly, by such member of the Assembly (not
being a member of the Cabinet or a Parliamentary Secretary) as the Assembly may
elect for the purpose;
ii) in the case of the Deputy Speaker, by such member of the Assembly (not
being a member of the Cabinet or a Parliamentary Secretary) as the Assembly may
elect for the purpose.
b) If the Speaker or Deputy Speaker resumes the performance of his functions as
a member of the Assembly, he shall also resume the performance of his functions
as Speaker or Deputy Speaker, as the case may be.
Electoral Commission.
33.- (1) There shall be for Saint Christopher and Nevis an Electoral
Commission (hereinafter in this section referred to as the Commission) which
shall consist of-
a) a chairman appointed by the Governor-General, acting in his own deliberate
judgment;
b) one member appointed by the Governor-General, acting in accordance with the
advice of the Prime Minister; and
c) one member appointed by the Governor-General, acting in accordance with the
advice of the Leader of the Opposition.
(2) A person shall not be qualified to be appointed as a member of the
Commission if he is a Representative, a Senator or a member of the Nevis Island
Assembly or a public officer nor, in the case or the chairman, unless he holds
one of the specified qualifications and has held one or other of those
qualifications for a total period of not less than seven years.
(3) A member of the Commission shall baccate his office-
a) at the expiration of such period as may be specified by the Governor-General
at the time of his appointment;
b) if any circumstances arise that, if he were not a member of the Commission,
would cause him to be disqualified for appointment as such; or
c) if the Governor-General, acting in his own deliberate judgment in the case
of the chairman, in accordance with the advice of the Prime Minister in the
case of a member appointed under subsection (1)(b) or in accordance with the
advice of that Leader of the Opposition in the case of a member appointer
under subsection (1)(c), so directs.
(4) The function of the Commission shall be to supervise the Supervisor of
Elections in the performance of his functions under sections 34(1), 38(9) and
113(5).
(5) The Commission may regulate its own procedure and, with the consent of the
Prime Minister, amy confer powers and impose duties on any public officer or on
any authority of the Government for the purpose of the discharge of its
functions.
(6) The Commission may, subject to its rules of procedure, act notwithstanding
any vacancy in its membership and its proceedings shall not be invalidated by
the presence or participation of any person not entitled to be present at or to
participate in those proceedings:
Provided that any decision of the Commission shall require the concurrence of a
majority of all its members.
Supervisor of Elections.
34.- (1) There shall be a Supervisor of Elections whose duty it shall
be to exercise general supervision over the registration of voters in elections
of Representatives and over the conduct of such elections.
(2) The functions of the office of Supervisor of Elections shall be exercised
either by the person holding or acting in such public office as may for the
time being be designated in that behalf by the Governor-General or, if the
Governor-General so decides, by such other person who is not a public officer
as may for the time being be so designated.
(3) A person shall not enter upon the duties of the office of Supervisor of
Elections until he has taken and subscribed the oath of allegiance and the oath
of office.
(4) For the purposes of the exercise of his functions under subsection (1), the
Supervisor or Elections may give such directions as he consider necessary or
expedient to any registering officer, presiding officer or returning officer
relating to the exercise by that officer of his functions under any law
regulating the registration of voters or the conduct of elections, and any
officer to whom any such directions are given shall comply with those
directions.
(5) The Supervisor of Elections may, whenever he considers it necessary or
expedient to do so and shall whenever so required by the Commission, report to
the Electoral Commission on the exercise of this functions under subsection
(1); he shall also submit every such report to the Minister for the time being
responsible for matters relating to the election of Representatives; and that
Minister shall, not later than seven days after the National Assembly first
meets after he has received the report, lay it before the Assembly together
with such comments thereon as he may have received from the Commission.
(6) In the exercise of his powers under subsection (2) the Governor-General
shall act in his own deliberate judgment after consulting the Prime Minister,
the Premier and the Leader of the Opposition.
(7) In the exercise of his functions under subsection (1), the Supervisor of
Elections shall act in accordance with such directions as he may from time to
time be given by the Electoral Commission but shall not be subject to the
direction or control of any other person or authority.
(8) The Supervisor of Elections shall exercise such other functions in relation
to elections whether to the National Assembly of to local government
authorities) as may be prescribed by or under any law enacted by Parliament.
Clerk of National Assembly and his staff.
35.- (1) There shall be a Clerk of the National Assembly.
(2) The office of the Clerk of the National Assembly and the offices of the
members of this staff shall be public offices.
Determination of questions of membership.
36.- (1) The High Court shall have jurisdiction to hear and determine
any question whether-
a) any person has been validly elected as a representative;
b) any person has been validity appointed as a Senator;
c) any person who has been elected as Speaker from among persons who were not
members of the National Assembly was qualified to be do elected of has vacated
the office of Speaker; or
d) any member of the Assembly has vacated his seat or is required, by virtue of
section 31(4), to cease to perform his functions as a member of the Assembly.
(2) An application to the High Court for the determination of any question
under subsection (1)(a) may be made by any person entitled to vote in the
election to which the application relates or by any person who was, or who
alleges that he was, a candidate at that election or by the Attorney-General
and, if it is made by a person other than the Attorney-General, the
Attorney-General may intervene and may then appear or be represented in the
proceedings.
(3) An application to the High Court for the determination of any question
under subsection (1)(b) or (1)(c) may be made by any Representative or by the
Attorney-General and, if it is made by a person other than the
Attorney-General, the Attorney-general may intervene and may then appear or be
represented in the proceedings.
(4) An application to the High Court for the determination of any question
under subsection (1)(d) may be made-
a) by any Representative or by the Attorney-General; or
b) in the case of the seat of a Representative, by any person registered in
some constituency as a voter in elections of Representatives,
and, if it is made by a person other than the Attorney-General, the
Attorney-General may intervene and may then appear and be represented in the
proceedings.
(5) There shall be such provision as may be made by Parliament with respect
to-
a) the circumstances and manner in which and the imposition of conditions upon
which any application may be to the High Court for determination of any
question under this section; and
b) the powers, practice and procedure of the High Court in relation to any such
application.
(6) An appeal shall lie as of right to the Court of Appeal from any final
decision of the High Court determining any such question as is referred to in
subsection(1).
(7) No appeal shall lie from any decision of the Court of Appeal in exercise of
the jurisdiction conferred by subsection (6) and no appeal shall lie from any
decision of the High Court in proceedings under this section other than a final
decision determining any such question as is referred to in subsection (1) of
this section.
(8) In the exercise of his functions under this section, the Attorney-General
shall not be subject to the direction or control of any other person or
authority.
PART 2
Legislation and Procedure in Parliament
Power to make laws.
37.- (1) Subject to the provisions of this Constitution, Parliament may
make laws for the peace, order and good government of Saint Christopher and
Nevis.
(2) Save as otherwise provided in subsections (3) and (4) the power of
Parliament to make laws having effect in the island of Nevis shall no extend to
any of the specified matters (that is to say, matters with respect to which the
Nevis Island Legislature has exclusive power to make laws so having effect).
(3) If it is expressly declared in any law enacted by Parliament that the Nevis
Island Administration has requested and consented to the enactment in respect
to the island of Nevis of any of the provisions of that law relating to any of
the specified matters those provisions shall accordingly have effect i the
island of Nevis as if they had been enacted by the Nevis Island Legislature and
may be amended or revoked accordingly.
(4) At any time when there is in force a declaration made by the
Governor-General by proclamation that any provisions of any law enacted by
Parliament specified in that declaration (being provisions that relate to a
specified matter) are required to have effect in the island of Nevis-
a) in the interests of external affairs, or
b) in the interests of defence,
those provisions shall accordingly have effect in the island of Nevis; and if
there is any inconsistency between those provisions and the provisions of any
law enacted by the Nevis Island Legislature, the provisions of the law enacted
by Parliament shall prevail.
(5) a law enacted by Parliament shall not be regarded as extending to a
specified matter by reason only that it contains incidental or supplementary
provisions relating to that matter and having effect in the island of Nevis;
and if there is any inconsistency between any such provisions and the
provisions of any law enacted by the Nevis Island Legislature, the provisions
of the law enacted by Parliament shall prevail.
(6) Parliament may make additions to the specified matters but a bill for that
purpose shall not be regarded as being passed in the National Assembly unless
on its final reading it is supported by the votes of not less than two-thirds
of all the Representatives.
(7) In the exercise of his powers to make or revoke any such declaration as is
referred to in subsection (4) the Governor-General shall act in accordance with
the advice of the prime Minister but no such advice shall be given without the
concurrence of the Premier.
Alteration of Constitution and Supreme Court Order.
38.- (1) Parliament may alter any of the provisions of this
Constitution or of the Supreme Court Order in the manner specified in the
following provisions of this section.
(2) A bill to alter any of the provisions of this Constitution or of the
Supreme Court Order shall not be regarded as being passed by the National
Assembly unless on its final regarding the bill is supported by the votes of
not less than two-thirds of all the Representatives.
(3) A bill to alter this section, schedule 1 to this Constitution or any of the
provisions of this Constitution specified in Part 1 of that schedule or any of
the provisions of the Supreme Court Order specified in Part 2 of that schedule
shall not be submitted to the Governor-General for his assent unless-
a) there has been an interval of not less than ninety days between the
introduction of the bill in the National Assembly and the beginning of the
proceedings in the Assembly on the second reading of the bill; and
b) after it has been passed by the Assembly the bill has been approved on a
referendum by not less than two-third of all the votes validity cast on that
referendum in the island of Saint Christopher and two-thirds of all the votes
validly cast on that referendum in the island of Nevis.
(4) The provisions of paragraph (b) of subsection (3) shall not apply in
relation to any bill to alter-
a) section 99 in order to give effect to any agreement between Saint
Christopher and Nevis and the United Kingdom concerning appeals from any court
having jurisdiction in Saint Christopher and Nevis to Her Majesty in Council;
b) any of the provisions of the Supreme Court Order in order to give effect to
any international agreement of which Saint Christopher and Nevis is a party
relating to the Supreme Court or any other court of law (or any officer or
authority having functions in respect of any such court) constituted in common
for Saint Christopher and Nevis and for other countries also parties to the
agreement; or
c) any of the provisions of this Constitution relating to the island of Nevis
that have become spent or inappropriate as a result of the enactment by the
Nevis Island Legislature of a law under section 11381) providing that the
island of Nevis shall cease to be federated with the island of Saint
Christopher.
(5) A bill to alter section 104 in its application to other provisions of this
Constitution (not being provisions referred to in subsection (3) of this
section) shall not be submitted to the Governor-General for his assent unless
the alteration is in accordance with a request from, or the consent of the
Nevis Island Assembly signified by resolution; and references in section 104 to
those other provisions shall not be construed as including references to any
law altering those other provisions unless that section is altered so to
provide.
(6) Every person who, at the time when a referendum is held for the purposed of
this section, would be entitled to vote in elections of Representatives held in
the island of Saint Christopher shall be entitled to vote on that referendum in
that island; every person who, at that time, would be entitled to vote on that
referendum in that island; and no other person shall be entitled to vote on
that referendum in the island of Saint Christopher or, as the case may be, in
the island of Nevis.
(7) The right of any person to vote on a referendum under this section shall be
exercised in accordance with such procedures as may be prescribed by Parliament
for the purposes of the referendum.
(8) In any referendum for the purposes of this section the voters shall given
by ballot in such manner as not to disclose how any particular person votes.
(9) The conduct of any referendum for the purposes of this section shall be the
responsibility of the Supervisor of Elections and the provisions of subsections
(4), (5) and (7) of section 34 shall apply in relation to the exercise by the
Supervisor of Elections or by any other officer of his functions with respect
to a referendum as they apply in relation to the exercise of his functions with
respect to elections of Representatives.
(10) a) A bill to alter any of the provisions of this Constitution or of the
Supreme Court Order shall not be submitted to the Governor-General for his
assent unless it is accompanied by certificate under the hand of the Speaker
that the provisions of subsection (2) and, where applicable, those of
subsection 3(a) have been complied with and, where a referendum has been held
in pursuance of subsection (3)(b), by a certificate under the hand of the
Supervisor of Elections stating the results of the referendum.
b) The certificate of the Speaker under this subsection shall be conclusive
that the provisions of subsections (2) and, where applicable, those of
subsections (3) have been complied with and shall not be enquired into in any
court of law.
c) In this subsection references to the Speaker shall, if the person holding
the office of Speaker is for any reason unable to perform the functions of his
office and no other person is performing them, include references to the Deputy
Speaker.
Oath.
39.- (1) Every member of the National Assembly shall, before taking his
seat in the Assembly, take and subscribe before the Assembly the oath of
allegiance but a member may before taking that oath take part in the election
of the Speaker.
(2) Any person elected to the office of Speaker shall, if he has no already
taken and subscribed the oath of allegiance under subsection (1) take and
subscribe that oath before the National Assembly before entering upon the
duties of his office.
Presiding.
40.- There shall preside at any sitting of the National Assembly-
a) the Speaker.
b) in the absence of the Speaker,the Deputy Speaker; or
c) in the absence of the Speaker and the Deputy Speaker, such member of the
Assembly (not being a member of the Cabinet or a Parliament Secretary) as the
Assembly may elect for that purpose.
Voting.
41.- (1) Save as otherwise provided in section 19(8), 37(6) or 3882),
any question proposed for decision in the National Assembly shall be determined
by a majority of the votes of the members present and voting:
Provided that question of no confidence in the Government shall be determined
by a majority of the votes of all the Representatives.
(2) Except in the case of a question of no confidence in the Government, a
question shall not be regarded as having been validly determined by a vote in
the National Assembly on occasions when the numbers of members voting are
recorded unless not less than three-fifths of all the members, or such grater
number of members as Parliament may prescribe, take part in the voting.
(3) Subject to subsection (4), a person presiding in the Assembly shall not
vote unless on any question the votes of the members are equally divided, in
which case he shall have and exercise a casting vote:
Provided that in the case of the question of the final reading of any such bill
as is referred to in section 38(2) he shall, if he is a Representative, have an
original vote but no casting vote.
(4) A Speaker who was elected from among persons who were not members of the
National Assembly shall have neither an original nor a casting vote and if upon
any question before the Assembly when such a Speaker is presiding, the votes of
the member are equally divided, the motion shall be lost.
Mode of exercise of legislative power.
42.- (1) The power of Parliament to make laws shall be exercised by
bills passed by the national Assembly and assented to by the
Governor-General.
(2) When a bill is submitted to the Governor-General for assent in accordance
with the provisions of this Constitution he shall signify that he assents or
that he withholds assent.
(3) When the Governor-General assents to a bill that has been submitted to him
in accordance with the provisions of this Constitution the bill shall become
law and the Governor-General shall thereupon cause it to be published in the
Gazette as law.
(4) No law made by Parliament shall come into operation until it has been
published in the Gazette but Parliament may postpone the coming into operation
of any such law and may make laws with retrospective effect.
Restrictions with regard to certain financial measures.
43.- Except on the recommendation of the Governor-General signified by
a Minister, the National Assembly shall not-
a) proceed upon any bill (including any amendment to a bill) that, in the
opinion or the person presiding, makes provision for any of the following
purposes-
i) for the imposition of taxation or the alteration of taxation otherwise than
by reduction;
ii) for the imposition of any charge upon the Consolidated Fund or any other
public fund of the Government or the alteration of any such charge otherwise
than by reduction;
ii) for the payment, issue or withdrawal from the Consolidated Fund or any
other public fund of the Government of any moneys not charged thereon or any
increase in the amount of such payment, issue or withdrawal; or
iv) for the composition or remission of any debt due to the Crown in right of
the Government; or
b) proceed upon any motion (including any amendment to a motion) the effect of
which, in the opinion of the person presiding, would be to make provision for
any of those purposes.
Regulation of procedure in National Assembly.
44.-(1) Subject to the provisions of this Constitution, the National
Assembly may regulate its own procedure and may in particular make rules for
the orderly conduct of its own proceedings.
(2) The National Assembly may act notwithstanding any vacancy in its membership
(including any vacancy not filled when the Assembly first meets after any
general election) and the presence or participation of any person not entitled
to be present at or to participate in the proceedings of the Assembly shall not
invalidate those proceedings.
Freedom of speech.
45.-Without prejudice to any provision made by Parliament relating to
the powers, privileges and immunities of the National Assembly and its
committees, or the privileges and immunities of the members and officers of the
Assembly and of other persons concerned in the business of the Assembly or its
committees, no civil or criminal proceedings may be or written in a report to,
the Assembly or a committee thereof or by reason of any matter or thing brought
by him therein by petition, bill, resolution, motion or otherwise.
PART 3
Summoning, prorogation and dissolution
Sessions.
46.- (1) Each session of Parliament shall be held at such place within
Saint Christopher and Nevis and shall begin at such time, not being later than
one hundred and eighty days from the end of the preceding session if Parliament
has been prorogue or ninety days from the holding of a general election of
Representatives if Parliament has been dissolved, as the Governor-General shall
appoint by proclamation.
(2) Subject to subsection (1), the sittings of the National Assembly shall be
held at such time and place as the Assembly may, by its rules of procedure or
otherwise, determine.
Prorogation and dissolution.
47.- (1) The Governor-General may at any time prorogue or dissolve
Parliament.
(2) Subject to subsection (3), Parliament, unless sooner dissolve, shall
continue for five years from the date of the first sitting of the National
Assembly after any dissolution and shall then stand dissolved.
(3) At any time when Her Majesty is at war, Parliament may extend the period of
five years specified in subsection (2) for not more than twelve months at a
time:
provided that the life of Parliament shall not be extended under this
subsection for more than five years.
(4) In the exercise of his powers to dissolve Parliament the Governor-General
shall act in accordance with advice of the Prime Minister:
Provided that if the office of the Prime Minister is vacant and the
Governor-General, acting in his own deliberate judgment, consider that there is
no prospect of his being able within a reasonable time to appoint to that
office a person who can command the support of the majority of the
Representatives, the Governor-General shall dissolve Parliament.
(5) If, after a dissolution of Parliament and before the holding of the general
election of Representatives, the Prime Minister advises the Governor-General
that, because of some matter of urgent national importance, it is necessary to
recall Parliament, the Governor-General shall summon the Parliament that has
been dissolved to meet, but the general election of Representatives shall
proceed and the Parliament that has been recalled shall, if not sooner
dissolved, again stand dissolved on the date appointed for the nomination of
candidates in that general election.
Holding of elections.
48.- (1) A general election of members of the National Assembly shall
be held at such time within ninety days after any dissolution of Parliament as
the Governor-general may appoint.
(2) Where the seat of a member of the National Assembly falls vacant otherwise
than by reason of a dissolution of Parliament-
a) if the vacant seat is that of a Representative, by-election shall be held;
or
b) if the vacant seat is that of a Senator, an appointment shall be made,
to fill the vacancy within ninety days of the occurrence of the vacancy unless
parliament is sooner dissolved.
PART 4
Delimitation of constituencies
Constituency Boundaries Commission.
49.- (1) There shall be for Saint Christopher and Nevis a Constituency
Boundaries Commission (hereinafter in this section referred to as the
Commission) which shall consist of-
a) a chairman appointed by the Governor-General, acting in accordance with the
advice of the Prime Minister given after the Governor-general has consulted the
Leader of the Opposition and such other persons as the Governor-General, acting
in his own deliberate judgment, has seen fit to consul;
b) two members of the National Assembly appointed by the Governor-General,
acting in accordance with the advice of the prime Minister; and
c) two members of the Assembly appointed by the Governor-General, acting in
accordance with the advice of the Leader of the Opposition:
provided that the chairman shall not be a member of the Assembly or of the
Nevis Island Assembly.
(2) A member of the Commission shall vacate his office-
a) at the next dissolution of Parliament after his appointment,
b) in the case of the chairman, if any circumstances arise that, if he were not
a member of the Commission, would cause him to be disqualified for appointment
as such;
c) in the case of member other than the chairman, if he cease to be a member of
the National Assembly otherwise than by reason of the dissolution of
Parliament; or
d) if the Governor-General, acting in accordance with the advice of the Prime
Minister given after the Governor-General has consulted the Leader of the
Opposition in the case of the chairman, in accordance with the advice of the
Prime Minister in the case of a member appointed under subsection (1)(b) or in
accordance with the advice of the Leader of the Opposition in the case of a
member appointed under subsection (1)(c), directs.
(3) The Commission may regulate its own procedure and, with the consent of the
Prime Minister, may confer powers and impose duties on any public officer or on
any authority of the Government for the purpose of the discharge of its
functions.
(4) The Commission may, subject to its rules of procedure, act notwithstanding
any vacancy in its membership and its proceedings shall not be invalidated by
the presence or participation of any person not entitled to be present at or to
participate in those proceedings:
Provided that any decision of the Commission shall require the concurrence of a
majority of all its members.
Review of constituency boundaries.
50.- (1) The Constituency Boundaries Commission (hereinafter in this
section referred to as the Commission) shall, in accordance with the provisions
of this section, review the number and boundaries of the constituencies into
which Saint Christopher and Nevis is divided and submit to the Governor-General
reports either-
a) showing the constituencies into which it recommends that Saint Christopher
and Nevis should be divided in order to give effect to the rules set out in
schedule 2; or
b) stating that, in its opinion, no alteration is required to the existing
number or boundaries of constituencies in order to give effect to those
rules.
(2) Reports under subsection (1) shall be submitted by the Commission at
intervals of not less than two nor more than five years.
(3) As soon as may be after the Commission has submitted a report under
subsection 81)(a), the Prime Minister shall lay before the National Assembly
for its approval the draft of a proclamation by the Governor-General for giving
effect, whether with or without modifications, to the recommendations contained
in the report, and that draft proclamation may make provisions for any matters
that appear to the Prime Minister be incidental to or consequential upon the
other provisions of the draft.
(4) Where any draft proclamation laid before the National Assembly gives effect
to any recommendations of the Commission whit modifications, the Prime Minister
shall lay before the Assembly together with the draft a statement of the reason
for the modifications.
(5) If the motion for the approval of any draft proclamation laid before the
National Assembly under subsection (3) is rejected by the Assembly, or is
withdrawn by leave of the Assembly, the Prime Minister shall amend the draft
and lay the amend draft before the Assembly.
(6) If any draft proclamation laid before the National Assembly under
subsection (3) or (5) is approved by a resolution of the Assembly, the Prime
Minister shall submit it to the Governor-General who shall make a proclamation
in terms of the draft; and that proclamation shall come into force upon the
next dissolution of Parliament after it is made.
(7) The question of the validity of any proclamation by the Governor-General
purporting to be made under subsection (6) and reciting that a draft thereof
has been approved by resolution of the National Assembly shall not be enquired
into in any court of law except upon the ground that the proclamation does not
give effect to rule 1 in schedule 2.
CHAPTER V
THE EXECUTIVE
Executive authority.
51.- (1) The executive authority of Saint Christopher and Nevis is
vested in Her Majesty.
(2) Subject to the provisions of this Constitutional, the executive authority
of Saint Christopher and Nevis may be exercised on behalf of Her Majesty by the
Governor-General either directly or through officers subordinate to him.
(3) Nothing in this section shall prevent the legislature from conferring
functions on persons or authorities other than the Governor-General.
(4) In this section references to the executive authority of Saint Christopher
and Nevis include references to the executive authority of the island of Nevis
with respect to the specified matters.
Ministers.
52.- (1) There shall be a prime Minister of Saint Christopher and Nevis
who shall be appointed by the Governor-General.
(2) Whenever the Governor-General has occasion to appoint a Prime Minister he
shall appoint a representative who appears to him likely to command the support
of the majority of the Representatives.
(3) There shall be, in addition to the office of Prime Minister, an office of
Deputy Prime Minister and such other offices of Minister of the Government as
may be established by Parliament, or, subject to the provisions of any law
enacted by Parliament by the Governor-general, acting in accordance with the
advice of the Prime Minister.
(4) Appointments to the office of Minister, other than the office of Prime
Minister, shall be made by the Governor-general, acting in accordance with the
advice of the Prime Minister, from among the members of the National
Assembly.
(5) If occasion arises for making an appointment to the office of Prime
Minister or any other Minister while Parliament is dissolved, then,
notwithstanding the provisions of subsections (2) and (4), a person who was a
Representative immediately before the dissolution may be appointed as Prime
Minister and a Person who was a Representative or a Senator immediately before
the dissolution may be appointed as any Minister other than Prime Minister.
(6) The Governor-General shall remove the Prime Minister from office if a
resolution of no confidence in the Government is passed by the National
Assembly and the Prime Minister does not within three days either resign from
his office or advice the Governor-General to dissolve Parliament.
(7) If, at any time between the holding of a general election of
Representatives and the first meeting of the National Assembly thereafter, the
Governor-general considers that in consequence of changes in the membership of
the Assembly resulting from that election the Prime Minister will not be able
to command the support of the majority of the representatives, the
Governor-General may remove the Prime Minister from office.
(8) The office of any Minister shall become vacant-
a) if the holder of the office ceases to be a member of the National Assembly
otherwise than by reason of the dissolution of parliament;
b) in the case of the Prime Minister, if, when the Assembly first meet after
any dissolution of Parliament, he is not then a Representative;
c) in the case of any other Minister, if, when the Assembly first meets after
any dissolution of Parliament, he is not then a Representative or a Senator;
or
d) if, by virtue of section 31(4), he is required to cease to perform his
functions as a member of the Assembly.
(9) The office of a Minister other than the Prime Minister shall become
vacant-
a) if the Governor-General, acting in accordance with the advice of the prime
Minister, so directs;
b) if the prime Minister resigns from office within three days after a
resolution of no confidence in the Government has been passed by the National
Assembly or is removed from office under subsection (6) or (7); or
c) on the appointment of any person to the office of Prime Minister.
(10) In the exercise of the powers conferred upon him by subsections (2) and
(7) the Governor-General shall act in his own deliberate judgment.
Cabinet.
53.- (1) There shall be for Saint Christopher and Nevis a Cabinet of
Ministers which shall consist of the Prime Minister and the other Minister.
(2) At any time when the office of Attorney-General is a public office the
Attorney-General shall, by virtue of holding or acting in that office, be a
member of the Cabinet in addition to the Minister.
(3) The functions of the Cabinet shall be to advice the Governor-General in the
government of Saint Christopher and Nevis and the Cabinet shall be collectively
responsible to the National Assembly for any advice given to the
Governor-General by or under the general authority of the Cabinet and for all
things done by or under the authority of any Minister in the execution of his
office.
(4) Subsection (3) shall not apply in relation to-
a) the appointment and removal from office of Ministers and Parliamentary
Secretaries, the assignment of responsibility to any Minister under section 54,
or the authorization of another Minister to perform the functions of the Prime
Minister during absence or illness;
b) the dissolution of Parliament;
c) the matters referred to in section 66 (which relate to the prerogative of
mercy);or
d) in relation to the government of the island of Nevis, any matter in respect
of which parliament has no power to make laws for the island of Nevis.
Allocation of portfolios.
54.- The Governor-General, acting in accordance with the advice of the
Prime Minister, may, by directions in writing, assign to the Prime Minister,
may, by directions in writing, assign to the Prime Minister or any other
Minister responsibility for any business of the Government, including the
administration of any department of the Government.
Absence or illness of Prime Minister.
55.- (1) Whenever the Prime Minister is absent from Saint Christopher
and Nevis or by reason of illness is unable to perform the functions conferred
upon Minister to perform those functions (other than the functions conferred by
this section) and that Minister may perform those functions until his authority
is revoked by the Governor-General.
(2) The powers of the Governor-general under this section shall be exercised by
him in accordance with the advice of the Prime Minister:
Provided that if the Governor-general, acting in his own deliberate judgment,
considers that it is impracticable to obtain the advice of the Prime Minister
owing to his absence or illness he may exercise those power without tat advice
and in his own deliberate judgment.
Exercise of Governor-General's functions.
56.- (1) In the exercise of his function the Governor-General shall act
in accordance with the advice of the Cabinet or a Minister acting under the
general authority of the Cabinet except in cases where he is required by this
Constitution to act in accordance with the advice of, or the recommendation or,
any person or authority other than the Cabinet:
Provided that the foregoing provisions shall not apply where the
Governor-General is authorized to act in his own deliberate judgment in
accordance with the following provisions-
a) section 23 (which relates to the Governor-General's deputy);
b) section 33 and 34 (which relate respectively to the Electoral Commission and
to the Supervisor of Elections);
c) section 49 (which relates to the Constituency Boundaries Commission);
d) sections 52 and 55 (which relates to Minister);
e) section 58 (which relates to the Leader of the Opposition);
f) section 77 (which relates to the Public Service Commission);
g) section 78 (which relates to the appointment etc. of public officers);
h) section 86 (which relates to the Public Service Board of Appeal); and
i) section 102 (which relates to the Nevis Island Administration).
(2) Where the Governor-General is directed to exercise any function in
accordance with the recommendation of any person or authority, he shall
exercise that function accordingly:
Provided that before that Governor-general acts in accordance with a
recommendation in any case he may, acting in his own deliberate judgment, once
request the person or authority by whom it is made to reconsider the
recommendation and if, upon any reconsideration of a recommendation, the person
or authority makes a different recommendation, the Governor-General, acting in
his own deliberate judgment, may likewise once request the person or authority
by whom it is made to reconsider that different recommendation.
(3) During any period in which there is a vacancy in the office of Leader of
the Opposition by reason of the fact that no person is both qualified for
appointment to that office in accordance with section 58 and willing to accept
appointment or if the Governor-General, acting in his own deliberate judgment,
considers that it is not practicable for him to obtain the advice of, or to
consult, the Leader of the Opposition within the time within which it may be
necessary for him to act, he may act without that advice and in his own
deliberate judgment or, as the case may be, without such consultation, in the
exercise of any power conferred upon him by this Constitution in respect of
which it is provided that he shall act on the advice of, or after consultation
with the leader of the Opposition.
(4) Nothing in subsection (1) shall require the Governor-General to act in
accordance with the advice of the Cabinet or a Minister in exercise of the
functions conferred upon him by the following provisions-
a) the proviso to section 47(4) (which requires the Governor-General to
dissolve Parliament in certain circumstances);
b) section 52(6) (which requires the Governor-General to remove the Prime
Minister from office in certain circumstances);
c) section 57 (which entitles the Governor-General to information);
d) sections 58(5), 77(5), 81(7), 82(7) and 86(5) (which require the
Governor-General to remove the holders of certain offices from office in
certain circumstances).
(5) The references in this section to sections 47, 52, 55, 57 and 58 include
references to those sections as applied with modifications by section 104
(which relates to institution established for the island of Nevis by Chapter
X).
Governor-General to be kept informed.
57.- The Prime Minister shall keep the Governor-General fully informed
concerning the general conduct of the Government and shall furnish the
Governor-General with such information as he may request with respect to any
particular matter for which the Government is responsible.
Leader of the Opposition.
58.- (1) There shall (except at time when no Representative is eligible
for appointment) be a Leader of the Opposition in the National Assembly who
shall be appointed by the Governor-General.
(2) Whenever there is occasion for the appointment of a Leader of the
Opposition the Governor-General shall appoint the Representative who appears to
him most likely to command the support of a majority of the Representatives
appears to him to command such support, the Representative who appears to him
to command the support of the largest single group of Representative who do not
support the Government:
Provided that no Representative shall be eligible for appointment unless it
appears to the Governor-General that Representative commands the support of at
least one other Representative.
(3) If occasion arises to appoint a Leader of the Opposition during the period
between a dissolution of Parliament and the day on which the ensuing election
of Representatives is held, an appointment may be made as if Parliament has not
been dissolved.
(4) The office of Leader of the Opposition shall become vacant-
a) if he ceases to be a member of the National Assembly otherwise than by
reason of a dissolution of Parliament;
b) if, when the Assembly first meets after a dissolution of Parliament, he is
not then a Representative;
c) if, by virtue of section 31(4), he is requires to cease to perform his
functions as a member of the Assembly; or
d) if he is removed from office by the Governor-General under subsection (5).
(5) If it appears to the Governor-General that the Leader of the Opposition in
no longer able to command the support of a majority of the Representatives who
do not support the Government or (if no Representative appears to him to be
able to command such support) the support of the largest single group of
Representatives who do not support the Government, he shall remove the Leader
of the Opposition from office.
(6) The power of the Government-General under this section shall be exercised
by him in his own deliberate judgment.
Parliamentary Secretaries.
59.- (1) The Governor-General, actin in accordance with the advice of
the Prime Minister, may appoint Parliamentary Secretaries from among the
members of the National Assembly to assist Ministers in the performance of
their duties:
Provided that, if occasion arises for making an appointment while Parliament is
dissolved,l a person who was a Representative or a Senator immediately before
the dissolution may be appointed as a Parliamentary Secretary.
(2) The office of a Parliamentary Secretary shall become vacant-
a) if the Governor-General, acting in accordance with the advice of the Prime
Minister, so directs;
b) if the Prime Minister resigns from office with three days after a resolution
of no confidence in the Government has been passed by the National Assembly or
is removed from office under section 52(6);
c) upon the appointment of any person to the office of Prime Minister;
d) if the holder of the office ceases to be a member of the Assembly otherwise
than by reason of a dissolution of Parliament;
e) if, when the Assembly first meets after the dissolution of Parliament, he is
not then a Representative or a Senator; or
f) if, by virtue of section 31 (49, he is required to cease to perform his
functions as a member of the Assembly.
Oaths.
60.-A Minister or a Parliamentary Secretary shall not enter upon the
duties of his office unless he has taken and subscribed the oath of allegiance,
the oath of office and the oath of secrecy.
Permanent Secretaries.
61.- Where any Minister has been charged with responsibility for any
department of the Government, he shall exercise general direction and control
over that department; and, subject to such direction and control every
department of the Government shall be under the supervision of a permanent
secretary whose office shall be a public office;
Provided that two or more departments may be place under the supervision of one
permanent secretary.
Secretary to Cabinet.
62.-(1) There shall be a Secretary to the Cabinet whose office shall
be a public office.
(2) The Secretary to the Cabinet,who shall have charge of the Cabinet Office,
shall be responsible, in accordance with such instructions as may be given to
him by the Prime Minister, for arranging the business for, and keeping the
minutes of, the Cabinet and for conveying the decisions of the Cabinet to the
appropriate person or authority and shall have such other functions as the
Prime Minister may direct.
Constitution of offices etc.
63.- Subject to the provisions of this Constitution and of any other
law, the Governor-General may constitute offices for Saint Christopher and
Nevis, make appointments to any such office and terminate any such
appointment.
Attorney-General.
64.- (1) There shall be an Attorney-General who shall be the principal
legal adviser to the Government.
(2) The office of Attorney-General shall be either a public office or the
office of a Minister.
(3) No person shall be qualified to hold or act in the office of
Attorney-general unless he is qualified for elections a Representative or
appointment as a Senator and is also qualified to practice as a barrister is
Saint Christopher and Nevis.
Control of public prosecutions.
65.-(1) There shall be a Director of Public Prosecutions whose office
shall be a public office.
(2) The Director of Public Prosecutions shall have power in any case in which
he considers it desirable so to do-
a) to institute and undertake criminal proceedings against any person before
any court of law (other than in a court-martial) in respect of any offence
under a law alleged to have been committed by that person;
b) to take over and continue any such criminal proceedings that have been
instituted or undertaken by any other person or authority;and
c) to discontinue at any stage before judgment is delivered any such criminal
proceedings instituted or undertaken by himself or any other person or
authority.
(3) The power of the Director of Public Prosecutions under subsection (2) may
be exercised by him in person or through other persons acting under and in
accordance with his general or special instructions.
(4) The power conferred on the Director of Public Prosecutions by paragraphs
(b) and (c) of subsection (2) shall be vested in him to the exclusion of any
other person or authority:
Provided that where any other person or authority has instituted criminal
proceedings, nothing in this subsection shall prevent the withdrawal of those
proceedings by or at the instance of that person or authority and with the
leave of the court.
(5) For the purposes of this section, any appeal from a judgment in criminal
proceedings before any court or any case stated or question of law reserved for
the purpose of any such proceedings, to any other court (including Her Majesty
in Council) shall be deemed to be part of those proceedings:
Provided that the power conferred of the Director of Public Prosecutions by
subsection (2)(c) shall not be exercised in relation to any appeal by a person
convicted in any criminal proceedings or to any case stated or question of law
reserved at the instance of such a person.
(6) In the exercise of the functions vested in him by subsection (2) and by
section 26 (5) and 101(6), the Director of Public Prosecutions shall not be
subject to the direction or control of any other person or authority.
Prerogative of mercy.
66.- (1) The Governor-General may-
a) grant a pardon, either free or subject to lawful conditions, to any person
convicted of any criminal offence under a law;
b) grant to any person a respite, either indefinite or for a specified period,
of the execution of any punishment imposed on that person for any such
offence;
c) substitute a less severe form of punishment for any punishment imposed on
any person for any such offence; or
d) remit the whole or any part of any punishment imposed on any person for any
such offence or of any penalty or forfeiture otherwise due to the Crown on
account of any such offence.
(2) The powers of the Governor-General under this section shall be exercised by
him in accordance with the advice of such Minister as may from time to time be
designated by the Governor-General, acting in accordance with the advice of the
Prime Minister.
Committee on Prerogative of Mercy.
67.-(1) There shall be for Saint Christopher and Nevis an Advisory
Committee on the Prerogative of Mercy (hereinafter in this section referred to
as the Committee) which shall consist of-
a) the Minister for the time being designated under section 6682), who shall be
chairman;
b) the Attorney-General; and
c) not less than three nor more than four other members appointed by the
Governor-General.
(2) A member of the Committee appointed under subsection (1)(c) shall hold his
seat thereon for such period as may be specified by the Governor-general at the
time of his appointment:
Provided that his seat shall become vacant-
a) in the case of a person who was a Minister when he was appointed, if he
ceases to be a Minister; or
b) if the Governor-general so directs.
(3) The Committee may act notwithstanding any vacancy in its membership or the
absence of any member and its proceedings shall not be invalidated by the
presence or participation of any person not entitled t be present at or to
participate in those proceedings.
(4) The Committee may regulate its own procedure.
(5) In the exercise of his functions under this section, the Governor-General
shall act in accordance with the advice of the Prime Minister.
Functions of Committee.
68.- (1) Where any person has been sentenced to death (otherwise than
by a court-martial) for a criminal offence under any law, the Minister for the
time being designated under section 66(2) shall cause a written report of the
case from the trial judge (or the Chief Justice, if a report from the trial
judge cannot be obtained) together whit such other information derived from the
record of the case or elsewhere as he may require, to be taken int o
consideration at a meeting of the Advisory Committee of the Prerogative of
Mercy; and after obtaining the advice of the Committee he shall decide in his
own deliberate judgment whether to advise the Governor-General to exercise any
of hi power under section 66(1).
(2) The Minister for the time being designated under section 66(2) may consult
with the Advisory Committee on the Prerogative of Mercy before tendering any
advice to the Governor-General under tat subsection in any case not falling
within subsection (1) of this section but he shall not be obliged to act in
accordance with the recommendation of the Committee.
CHAPTER VI
FINANCE
Consolidated Fund.
69.- All revenue or other moneys raised or received by the Government
(not being revenues or other moneys that are parable, by or under any law, into
some other fund of the Government established for a specific purpose) shall be
paid into and form a Consolidated Fund.
Withdrawals from Consolidated Fund or other public funds.
70.- (1) No moneys shall be withdrawn from the Consolidated Fund
except-
a) to meet expenditure that is charged upon the Fund by this Constitution or by
any law made in pursuance of section 72.
(2) Where any moneys are charged by this Constitution or any law enacted by
Parliament upon the Consolidated Fund or any other public fund of the
Government, they shall be paid out of that fund by the Government to the person
or authority to whom payment is due.
(3) No moneys shall be withdrawn from any public fund of the Government other
than the Consolidated Fund unless the issue of those moneys has been authorized
by or under any law.
(4) There shall be such provision as may be made by Parliament prescribing the
manner in which withdrawals may be made from the Consolidated Fund or any other
public fund of the Government.
(5) The investment of moneys forming part of the Consolidated Fund shall be
made in such manner as may be prescribed by or under a law enacted by
Parliament.
(6) Notwithstanding subsection (1), provision may be made by or under a law
enacted by Parliament authorizing withdrawals to be made from the Consolidated
Fund, in such circumstance and to such entente as may be prescribed by or unbar
a law enacted by Parliament, for the purpose of making repayable advances.
Authorization of expenditure from Consolidated Fund by the appropriation
law.
71.- (1) The Minister for the time being responsible for finance shall
cause to be prepared and laid before the National Assembly before, or not later
than sixty days after, the commencement of each financial year estimates of the
revenues and expenditure of the Government for that financial year.
(2) When the estimates of expenditure (other than expenditure charged upon the
Consolidated Fund by this Constitution or by any law enacted by Parliament)
have been approved by the National Assembly, a bill known as an appropriation
bill, shall be introduced in the Assembly providing for the issue from the
Consolidated Fund of he sums,under separate votes for the several services
required, to the purposes specified therein.
(3) If in respect of any financial year it is found-
a) that the amount appropriated by the appropriation law to any purpose is
insufficient or that a need has arisen for expenditure for a purpose to which
no amount has been appropriated by that law; or
b) that any moneys have been expended for any purpose in excess of the amount
appropriated to that purpose by the appropriation law or for a purpose to which
no amount has been appropriated by that law,
a supplementary estimate showing the sums required or spent shall be laid
before the National Assembly and, when the supplementary appropriation by shall
be introduced in the Assembly providing for the issue of such sums from the
Consolidated Fund and appropriating them to the purposes specified therein.
Authorization of expenditure in advance of appropriation.
72.- There shall be such provisions as may be made by Parliament under
which, if the appropriation law in respect of any financial year has not come
into operation by the beginning of that financial year, the Minister for the
time being responsible for finance may authorize the withdrawal of moneys from
the Consolidated Fund for the Purpose r meeting expenditure necessary to carry
on the services of the Government until the expiration of four months from the
beginning of that financial year or the coming into operation of the law,
whichever is the earlier.
Warrants for unforeseen expenditure.
73.- (1) If it appears to the Minister for the time being responsible
for finance that-
a) there is an urgent need to incur expenditure;
b) no provision exist for that expenditure in any appropriation law or other
law; and
c) it would not be in the public interest to delay the authorization of that
expenditure until such time as a supplementary estimate can be laid before the
National Assembly,
the Minister may, by special warrant, authorize the issue from the Consolidated
Fund of the money required to meet that expenditure:
Provided that the total such for the time being authorized to be issued under
this subsection, for which no provisions has been made by an appropriation law,
shall not exceed such amount as may be prescribed by Parliament.
(2) Where in any financial year any expenditure has been authorized by special
warrant under subsection (1) the Minister for the time being responsible for
finance shall cause a supplementary estimate relating to that expenditure to be
laid before the National Assembly at the first sitting of the Assembly
occurring after the expiration of fourteen days from the date of the warrant
and a supplementary appropriation bill shall be introduced in the Assembly
providing for the issue of the sums authorized to be spent and appropriating
them to the purposed specified therein.
Remuneration of certain officers.
74.- (1) There shall be paid to the holders of the offices to which
this section applies such salaries and such allowances as may be prescribed by
or under a law enacted by Parliament.
(2) The salaries and allowances prescribed under subsection (1) shall be a
charge on the Consolidated Fund.
(3) The Salary prescribed under subsection (1) in respect of the holder of an
office and his other terms of service (other than allowances that are not taken
in to account in computing, under any law in that behalf, any pension payable
in respect of his service in that office) shall not be altered to his
disadvantage after his appointment.
(4) When a person's salary or other terms of service depend upon his option,
the salary or terms for which he opts shall, for the purposes of subsection
(3), be deemed to be more advantageous to him than any others for which he
might have opted.
(5) This section applies to the office of the Governor-General, member of the
Public Service Commission, member of the Police Service Commission, member of
the Public Service Board of Appeal, the Director of Public Prosecutions and the
Director of Audit.
(6) Nothing in this section shall be construed as affecting section 88 of this
Constitution (which protects pensions rights in respect of service as a public
officer).
Public Debt.
75.- (1) All debt charges for which the Government is liable shall be a
charge on the Consolidated Fund.
(2) For the purposes of this section debt charges include interest, sinking
fund charges, the repayment or amortization of debt and all expenditure in
connection with the raising of loans on the security of the Consolidated Fund
and the service and redemption of the debt created thereby.
Audit of public accounts etc.
76.- (1) There shall be a Director of Audit whose office shall be a
public office.
(2) The Director of Audit shall-
a) Satisfy himself that all moneys that have been appropriated by Parliament
and disbursed have been applied to the purposes to which thy were so
appropriated and that the expenditure conforms to the authority that governs
it; and
b) at least once in every year audit and report on the public accounts of the
Government, the accounts of all officers and authorities of the Government, the
accounts of all courts of law in Saint Christopher and Nevis (including any
accounts of the Supreme Court maintained in Saint Christopher and Nevis), the
accounts of every Commission and Board established by this Constitution and the
accounts of the Clerk of the National Assembly.
(3) The Director of Audit and any officer authorized by him shall have access
to all books, records, returns, reports and other documents that in his opinion
relate to any of the accounts referred to in subsection (2).
(4) The Director of Audit shall submit every report made by him in pursuance of
subsection (2) to the Minister for the time being responsible for finance who
shall, not later than seven days after the National Assembly first meets after
he has received the report, lay it before the Assembly.
(5) If the Minister fails to lay a report before the National Assembly in
accordance with subsection (4) the Director of Audit shall transmit copies of
the report to the Speaker who shall, as soon as practicable, present them to
the Assembly.
(6) The Director of Audit shall exercise such other functions in relation to
the accounts of the Government or the accounts of other authorities or bodies
established by law for public purposes as may be prescribed by or under any law
enacted by Parliament.
(7) In the exercise of his function under subsection (2), (3), (4) and (5), the
Director of Audit shall not be subject to the direction or control of any other
person or authority.
CHAPTER VII
THE PUBLIC SERVICE COMMISSION
Public Service Commission.
77.- (1) There shall be for Saint Christopher and Nevis a Public
Service Commission (hereinafter in this section referred to as the Commission)
which shall consist of a chairman and not less than two nor more than four
other members who shall be appointed as follows-
a) the chairman and not more than three other members shall be appointed by the
Governor-General, acting in accordance with the advice of the Prime Minister;
and
b) one member shall be appointed by the Governor-General, acting in accordance
with the advice of the Prime Minister, from among persons selected by the
appropriate representative body or, if there is no such body, by the
Governor-General, acting in his own deliberate judgment:
Provided that, for the purposes of discharging its functions in relation to
public offices on the staff of the Nevis Island Administration, the Commission
shall consist of-
a) the chairman who has been appointed as aforesaid;
b) such one of the members appointed as aforesaid as may be designated in that
behalf by the chairman; and
c) two members appointed specifically in relation to the island of Nevis by the
Governor-General, acting in accordance with the advice of the Prime Minister
after the Prime Minister has consulted the Premier.
(2) A person shall not be qualified to be appointed as a member of the
Commission-
a) unless he is a Commonwealth citizen ordinarily resident in Saint Christopher
and Nevis; or
b) if he is member of the National Assembly or the Nevis Island Assembly or a
public officer.
(3) Subject to the provisions of this section,the office of a member of the
Commission shall become vacant-
a) at the expiration of such period (not being less than two years nor more
than five years from the date of his appointment) as may be specified by the
Governor-General, acting in accordance with the advice of the Prime Minister,
at the time of this appointment; or
b) if any circumstances arise that, if he were not a member of the Commission,
would cause him to be disqualified to be appointed as such under subsection
(2).
(4) A member of the Commission may be removed from office only for inability to
exercise the functions of his office (whether arising from infirmity of body or
mind or any other cause or for misbehavior and shall not be so removed except
in accordance with the provisions of this section.
(5) A member of the Commission shall be removed from office by the
Governor-General if the question of his removal from office has been referred
to a tribunal appointed under subsection (6) and the tribunal has recommended
to the Governor-General that he ought to be removed from office for inability
as aforesaid or for misbehavior.
(6) If the Prime Minister represents to the Governor-General that the question
of removing a member of the Commission under this section ought to be
investigated then-
a) the Governor-General shall appoint a tribunal which shall consist of a
chairman and not less than two other members, selected by the Chief Justice
from among persons who hold or have held office as a judge of a court having
unlimited jurisdiction in civil and criminal matters in some part of the
Commonwealth or a court having jurisdiction in appeals from such a court; and
b) the tribunal shall enquire into the matter and report on the facts thereof
to the Governor-general and recommend to him whether the member ought to be
removed under this section.
(7) If the question of removing a member of the Commission has been referred to
a tribunal under this section, the Governor-general, acting in accordance with
the advice of the Prime Minister, may suspend that member from the exercise of
the function of his office and any such suspension may at any time be revoked
by the Governor-General, acting in accordance with such advice as aforesaid,
and shall in any case cease to have effect if the tribunal recommends to the
Governor-General that member should not be removed.
(8) If the office of chairmen of the Commission is vacant or if the holder of
that office is for any reason unable to exercise the function of this office,
then, until a person has been appointees to and has assumed the functions of
that office or until the person holding that office has resumed those
functions, as the case may be, they shall be exercised by such other member of
the Commission as may for the time being be designated by the Governor-General,
acting in accordance with the advice of the Prime Minister.
(9) If at any time there are less than two members of the Commission beside the
chairman or if any such member is acting as chairman or is for any reason
unable to exercise the functions of his office, the Governor-General, acting in
accordance with the advice of the Prime Minister, may appoint a person who is
qualified to be appointees as a member of the Commission to act as a member,
and any person so appoints shall, subject to subsection (4), continue to act
until the office in which he is acting has been filled or, as the case may be,
until the holder thereof that resumed his functions or until his appointment to
act has been revoked by the Governor-General, acting in accordance with the
advice of the Prime Minister.
(10) A member of the Commission shall not enter upon the duties of his office
until he has taken and subscribed the oath of allegiance and the oath of
office.
(11) The Commission shall, in the exercise of its functions under this
Constitution, not be subject to the direction or control of any other person or
authority.
(12) The Commission may by regulation or otherwise regulate its own procedure,
and with the consent of the Prime Minister, may confer powers or impose duties
on any public officer or on any authority of the Government for the purpose of
the exercise of its functions.
(13) The Commission may, subject to its rules of procedure, act notwithstanding
any vacancy in its membership or the absence of any member and its proceedings
shall not be invalidated by the presence of participation of any person not
entitled to be present at or to participate in those proceedings:
Provided that any decision of the Commission shall require the concurrence of a
majority of all its members.
(14) In this section "the appropriate representative body" means such body (if
any) as may be designated by the Governor-General, acting in accordance with
the advice of the Prime Minister, as the principal body in Saint Christopher
and Nevis representing the interests of public officers.
Appointment etc. of public officers.
78.- (1) Subject to section 87, the power to appoint persons to hold of
act in offices in the public service (including the power to confirm
appointments), and the power to exercise disciplinary control over persons
holding or acing in such offices and the power to remove such persons from
office shall vest in the Governor-General, acting in accordance with the
recommendation of the Public Service Commission (hereinafter in this section
referred to as the Commission).
(2) The Governor-General, acting in accordance whit the recommendation of the
Commission, may, be directions in writing and subject to such conditions ad ha
thinks fit, delegate any of his power under subsection(1) to any one or more
members of the Commission or, with the consent of the Prime Minister, to any
public officer.
(3) The provisions of this section shall not apply in relation to the following
offices, that is to say-
a) any office to which section 79 applies;
b) the office of Attorney-General;
c) the office of Director or Public Prosecutions;
d) the officer of Director of Audit;
e) any office to which section 83 applies; or
f) any office in the Police Force.
(4) No person shall be appointed under this section to or to act in any office
on the Governor-General's personal staff except with the concurrence of the
Governor-General, acting in his own deliberate judgment.
(5) Before the Commission makes any recommendation in relation to the Clerk of
the National Assembly or a member of his staff for the purposes of subsection
(1) or (2) and before any other person exercises in relation to the Clerk of
the National Assembly or a member of his staff any power delegated to him under
subsection (2),the Commission or that person shall consult the Speaker.
(6) Before the Commission recommends the Governor-general under subsection (1),
or any other person exercises any power delegated to him under subsection (2),
to appoint to hold or act in any public office any person who is in the public
service of the Government of any other country or territory, the Commission or
that person shall consult the Prime Minister.
(7) Before the Commission recommends the Governor-General under subsection
(1)l, or any other person exercises any power delegated to him under subsection
(2), to appoint to or to act in any public office any person who holds or is
acting in any office to which section 83 of this Constitution applies, the
Commission or that person shall consult the Judicial and Legal Services
Commission.
(8) A public officer shall not be removed from office or subjected to any other
punishment under this section on the grounds of any act done or omitted by him
in the exercise of a judicial functions conferred on him unless the Judicial
and Legal Services Commission concurs therein.
PART 2
Appointment etc, to particular offices
Appointment etc. of permanent secretaries and certain other officers.
79.-(1) This section applies to the offices of Secretary to the
Cabinet, permanent secretary of a department of the Government, head or deputy
head of a department of the Government, any office for the time being
designated by the Public Service Commission as an office of a chief
professional adviser to a department of the Government and any office for the
time being designated by the Commission, after consultation with the Prime
Minister, as an office the holder of which are required to reside outside Saint
Christopher and Nevis or whose function relate to external affairs.
(2) The power to appoint person to hold or to act in offices to which this
section applies (including the power to confirm appointments), and, subject to
section 87, the power to exercise disciplinary control over persons holding or
acting in such offices and the power to remove such persons from office shall
vest in the Governor-General, acting in accordance with the recommendation of
the Public Service Commission.
Provided that-
a) the power to appoint a person to hold or act in an office of permanent
secretary on transfer from another office carrying the same salary shall vest
in the Governor-General, acting in accordance with the advice of the Prime
Minister;
b) before the Public Service Commission makes a recommendation to the
Governor-General with respect to the appointment of any person to hold an
office to which this section applies (other than an appointment to an offence
of permanent secretary on transfer from another such office carrying the same
salary) it shall consult with the Prime Minister and if the Prime Minister
signifies his objection to the appointment of any person to the office, the
Commission shall not make a recommendation to the Governor-General to appoint
that person;
c) in relation to any office of Ambassador, High Commissioner or other
principal representative of Saint Christopher and Nevis in any other country or
accredited to any international organization the Governor-general shall act in
accordance with the advice of the Prime Minister, who shall, before tendering
any such advice in respect of any person who holds any public office to which
appointments are made by the Governor-General in accordance with the
recommendation of some other person or authority consult that person or
authority.
(3) References in this section to a department of the Government shall not
include the office of the Governor-General, the department of the
Attorney-General, the department of the Director of Public Prosecutions the
department of the Director of Audit, the department of the Clerk of the
National Assembly or the Police Force.
Attorney-General when a public officer.
80.- (1) This section shall have effect at any time when the office of
Attorney-genera is a public office.
(2) The power to appoint a person to hold or act in the office of
Attorney-General shall vest in the Governor-General, acting in accordance dance
with the recommendation of the Public Service Commission:
Provided that before the Public Service Commission makes any recommendation
under this subsection it shall consult the Prime Minister and the Judicial and
Legal Services Commission:
(3) The power to exercise disciplinary control over and remove from office a
person holding or acting in the office of Attorney-General shall vest in the
Governor-General, acting in accordance with the recommendation for the Judicial
and Legal Services Commission:
Provided that before the Judicial and Legal Services Commission makes any
recommendation under this subsection it shall consult the Public Service
Commission.
Director of Public Prosecutions.
81.- (1) The Director of Public Prosecutions shall be appointed by the
Governor-General, acting in accordance with the recommendation of the Judicial
and Legal Services Commission.
(2) If the office of Director of Public Prosecutions is vacant or if the
holders of that office is for any reason unable to exercise the functions of
his office, the Governor-General, acting in accordance with the recommendation
of the Judicial and Legal Services Commission, may appoint a person to act as
Director.
(3) A person shall not be qualified to be appointed to hold the office of
Director of Public Prosecutions unless he holds one of the specified
qualifications and has held one or other of those qualifications for a total
period of not less than five years.
(4) A person appointed to act in the office of Director of Public Prosecutions
shall, subject to subjections (5), (7), (8) and (9), cease so to act-
a) when a person is appointed to hold that office and has assumed the functions
thereof or, as the case may be, when the person in whose place he is acting
resumes the functions of that office; or
b) at such earlier time (if any) as may be specified by the Governor-General at
the time of his appointment.
(5) Subject to subsection (7), the Director of Public Prosecutions shall vacate
his office when the attains the prescribed age.
(6) A person holding the office of Director of Public Prosecutions may be
removed from office only for inability to exercise the function of his office
(whether arising from infirmity of body or mind or any other cause or for
misbehavior and shall not be so removed except in accordance with the
provisions of this section.
(7) The Director of Public Prosecutions shall be removes from office by the
Governor-General if the question of his removal from office has been referred
to a tribunal appointed under subsection (8) and the tribunal has recommended
to the Governor-General that he ought to be removed for inability as aforesaid
or for misbehavior.
(8) If the Prime Minister or the chairman of the Judicial and Legal Service
Commission represents to the Governor-General that the question of removing the
Director of Public Prosecutions under this section ought to be investigated,
then-
a) the Governor-General shall appoint a tribunal which shall consist of a
chairman and not less than two other members, selected by the Chief Justice
from among persons who hold or have held office as a judge of a court having
unlimited jurisdiction in civil and criminal matters in some part of the
Commonwealth or a court having jurisdiction in appeals from such a court; and
b) the tribunal shall enquire into the matter and report on the facts thereof
to the Governor-General and recommend to him whether the Director ought to be
removed under this section.
(9) If the question of removing the Director of Public Prosecutions has been
referred to a tribunal under this section, the Governor-General, acting in
accordance with the advice of the Judicial and Legal Services Commission, may
suspend the Director from the exercise of the functions of his office and any
such suspension may at any time be revoked by the Governor-General,actin in
accordance with such advice as aforesaid, and shall in any case cease to have
effect if the tribunal recommends to the Governor-General that the Director
should not be removed.
(10) The prescribed age for the purposes of subsection (5)is the age of
fifty-five years or such other age as may be prescribed by Parliament:
Provided that any law enacted by Parliament, to the extent to which it alters
the prescribed age after a person has been appointed to be or to actin as
Director of Public Prosecutions, shall not have effect in relation to that
person unless he consents that it should have effect.
Director of Audit.
82.-(1) The Director of Audit shall be appointed by the
Governor-General, acting in accordance with the recommendation of the Public
Service Commission.
(2) If the office of Director of Audit is vacant or if the holder of that
office is for any reason unable to exercise the functions of his office, the
Governor-General, acting in accordance with the recommendation of the Public
Service Commission, may appoint a person to act as Director.
(3) Before making any recommendation for the purposes of subsection (1) or (2),
the Public Service Commission shall consult the Prime Minister.
(4) A person appointed to act in the office of Director of Audit shall subject
to subsections (5), (7), (8) and (9), cease to act-
a) when a person is appointed to hold that office and has assumed the functions
thereof or, as the case may be, when the person in whose place he is acting
resumes the functions of that office; or
b) at such earlier time (if any) as may be specified by the Governor-General at
the time of his appointment.
(5) Subject to subsection (7), the Director of Audit shall vacate his office
when he attains the prescribed age.
(6) A person holding the office of Director of Audit may be removed from office
only for inability to exercise the functions of his office (whether arising
from infirmity of body or mind or any other cause) or for misbehavior and shall
not be so removed except in accordance with the provisions of this section.
(7) The Director of Audit shall be removed from office by the Governor-General
if the question of his removal from office has been referred to a tribunal
appointed under subsection (8) and the tribunal has recommended to the
Governor-General that he ought to be removed for inability as aforesaid or for
misbehavior.
(8) If the Prime Minister or the chairman of the Public Service Commission
represents to the Governor-General that the question of removing the Director
of Audit under this section ought to be investigated-
a) the Governor-General shall appoint a tribunal which shall consist of a
chairman and not less than two other members selected by the Chief Justice from
among persons who hold or have held office as a judge of a court having
unlimited jurisdiction in civil and criminal matters in some part of the
Commonwealth or a court having jurisdiction in appeals from such a court; and
b) the tribunal shall enquire into the matter and report on the facts thereof
to the Governor-General and recommend to him whether the Director ought to be
removed under this section.
(9) If the question of removing the Director of Audit has been referred to a
tribunal under this section, the Governor-General, acting in accordance with
the advice of the Public Service Commission, may suspend the Director or Audit
from the exercise of the functions of his office and any such suspension may at
any time be revoked by the Governor-general, acting in accordance with such
advice, and shall in any case cease to have effect if the tribunal recommends
to the Governor-General that the Director should not be removed.
(10) The prescribed age for the purposes of subsection (5) is the age of
fifty-five or such other age as may be prescribed by Parliament:
provided that any law enacted by Parliament, to the extent to which is alters
the prescribed age after a person has been appointed to be or to act as
Director of Audit, shall not be have effect in relation to that person unless
he consents that it should have effect.
Appointment etc. of magistrates, registrars and legal officers.
83.-(1) This section applies to the office of magistrate, registrant
of the High Court and to any public office in the department of the
Attorney-General (other than the public office of Attorney-General) or the
department of the Director of Public Prosecutions (other than the office of
Director) for appointment to which persons are required to hold one or other of
the specified qualifications.
(2) The power to appoint persons to hold or act in offices to which this
section applies (including the power to confirm appointments) shall vest in the
Governor-General, acting in accordance with the recommendation of the Public
Service Commission:
Provided that before making any recommendation as to the exercise of the powers
conferred by this section in any case the Public Service Commission shall
consult the Judicial and Legal Services Commission.
(3) The power to exercise disciplinary control over persons holding or acting
in offices to which this section applies and the power to remove such persons
from office shall vest in the Governor-General, acting in accordance with the
recommendation of the Judicial and Legal Service Commission:
Provided that before making any recommendation as to the exercise of the
powers conferred by this subsection in any case the Judicial and Legal Services
Commission shall consult the Public Service Commission.
PART 3
The Police.
Police Service Commission.
84.- (1) There shall be for Saint Christopher and Nevis a Police
Service Commission (hereinafter in this section referred to as the Commission)
which shall consist of-
a) the chairman and the members of the Public Service Commission appointed
under paragraph (a) of section 77(1); and
b) one member appointed by the Governor-general, acting in accordance with the
advice of the Prime Minister, who shall, if persons have been selected in that
behalf by the appropriate representative body, be so appointed from among those
persons.
(2) The provisions of sections 77(2), 77(3), 77(4), 77(5), 77(6), 77(7) and
77(10) shall apply in relation to a member of the Commission appointed under
paragraph (b) of subsection (1) as they apply in relation to a member of the
Public Service Commission.
(3) The member of the Public Service Commission for the time being performing
the functions of the chairman of that Commission shall perform the functions of
the chairman of the Commission.
(4) Any person for the time being authorized to act as a member of the Public
Service Commission under section 77(9) (other than a person so authorized on
account of the inability of a member thereof appointed under section 77(b))
shall act as a member of the Commission.
(5) If at any time the member of the Commission appointed under paragraph (b)
of subsection (1) of this section if for any reason unable to exercise the
functions of his office , the Governor-General, acting in accordance with the
advice of the Prime Minister, may appoint a person who is qualified to be
appointed as a member of the Commission to act as a member, and any person so
appointed shall, subject to subsection (2), continue to act until the holder of
the office has resumed his functions of until his appointment to act has been
revoked by the Governor-General, acting in accordance with the advice of the
Prime Minister.
(6) The Commission shall, in the exercise of its functions under this
Constitution, not be subject to the direction or control of any other person or
authority.
(7) The Commission may by regulations otherwise regulate its own procedure and,
with the consent of the Prime Minister, amy confer powers or impose duties on
any public officer or on any authority of the Government for the purpose of the
exercise of its functions.
(8) The Commission may, subject to its rules of procedure, act notwithstanding
any vacancy in its membership or the absence of any member and its proceedings
shall not be invalidated by the presence or participate in those proceedings:
Provided that any decision of the Commission shall require the concurrence of
a majority of all its member.
(9) In this section "the appropriate representative body" means such body ( if
any) as may be designated by the Governor-general, acting in accordance with
the advice of the Prime Minister, as the principal body in Saint Christopher
and Nevis representing the interests of officers of the Police Force.
Appointment etc. of police officers.
85.- (1) Subject to section 87, the power to appoint persons to hold or
act in offices in the Police Force (including the power to confirm
appointments), the power to exercise disciplinary control over persons holding
or acting in such officer and the power to remove such persons from office
shall vest in the Governor-General, acting in accordance with the
recommendation of the Police Service Commission:
Provided that before the Commission makes any recommendation to the
Governor-general with respect to the appointment of any person to hold the
office of Chief of Police or deputy Chief of Police the Commission shall
consult with the Prime Minister and if the Prime Minister signifies his
objection to the appointment of any person to the office the Commission shall
not recommend the Governor-General to appoint that person.
(2) The Governor-General, acting in accordance with the recommendation of the
Police Service Commission, may, by directions in writing and subject to such
conditions as he things fit, delegate any of his powers under subsection (1) to
any one or more members of the Commission of with the consent of the Prime
Minister, to the Chief of Police or any other officer of the Police Force.
(3) Before the Police Service Commission recommends the Governor General under
subsection (1), or any other person or authority exercises any power delegated
to him under subsection (2), to appoint to or to act in any office in the
Police Force any person who holds or is acting in any office to which section
83 applies the Commission shall consult with the Judicial and Legal Services
Commission.
(4) An officer to the Police Force shall not be removed from office or
subjected to any other punishment under this section on the grounds of any act
done or omitted by him in the exercise of a judicial function conferred on him
unless the Judicial and Legal Service Commission concurs therein.
PART 4
The Public Service Board of Appeal
Public Service Board of Appeal.
86.- (1) There shall be for Saint Christopher and Nevis a Public
Service Board of Appeal (hereinafter in this section referred to as the Board)
which shall consist of-
a) one member appointees by the Governor-General, who shall be chairman;
b) one member appointed by the Governor-General, acting in accordance with the
advice of the Prime Minister; and
c) one member appointed by the Governor-General, who shall, when there is an
appropriate representative body, act in accordance with the recommendation of
that body.
(2) A person shall not be qualified for appointment as a member of the Board if
he is a member of the National Assembly and a person shall not be qualified for
appointment under subsection (1)(c) unless he is or has at any time been a
public officer.
(3) Subject to the provisions of this section, the office or a member of the
Board shall become vacant-
a) at the expiration of three year from the date of his appointment; or
b) if any circumstances arise that, if he were not a member of the Board, would
cause him to be disqualified to be appointed as such under subsection (2).
(4) A member of the Board may be removed from office only for inability to
exercise the functions of his office (whether arising from infirmity of body or
mind or any other cause) or for misbehavior and shall not be so removed except
in accordance with the provisions of this section.
(5) A member of the Board shall be removed from office by the Governor-General,
if the question of his removal from office has been referred to a tribunal
appointed under subsection (6) and the tribunal has recommended to the
Governor-General that he ought to be removed from office for inability as
aforesaid or for misbehavior.
(6) If the Governor-General considers that the question of removing a member of
the Board under this section ought to be investigated, then-
a) the Governor-General shall appoint a tribunal which shall consist of a
chairman and not less than two other members selected by the Chief Justice from
among persons who hold or have held office as a judge of a court having
unlimited jurisdiction in civil and criminal matters in some part of the
Commonwealth or a court having jurisdiction in appeals from such a court; and
b) the tribunal shall enquire into the matter and report on the facts thereof
to the Governor-General and recommend to him whether the member ought to be
removed under this section.
(7) If the question of removing a member of the Board has been referred to a
tribunal under this section, the Governor-General may suspend that member from
the exercise of the functions of his office and any such suspension may at any
time be revoked by the Governor-General and shall in any case cease to have
effect if the tribunal recommends to the Governor-General that member should
not be removed.
(8) a) If at any time any member of the Board is for any reason unable to
exercise the functions of his office, the Governor-General may appoint a person
who is qualified to be appointed as a member of the Board to act as a member,
and any person so appointed shall, subject to subsection (4), continue to act
until the holder of the office has resumed his functions or until his
appointment to act has been revoked by the Governor-General.
b) Where the member of the Board unable to exercise the functions of his office
was appointed under paragraph (b) of subsection (1), the Governor-General shall
act in accordance with the advice of the Prime Minister and where he was
appointed under paragraph (c) of that subsection the Governor-General shall,
when there is an appropriate representative body, act in accordance with the
recommendation of that body in exercise of the powers conferred by this
subsection.
(9) The Board shall, in the exercise of its functions under this Constitution,
not be subject to the direction or control of any other person or authority.
(10) In this section "appropriate representative body" means a body designated
under section 77(14).
(11) In the exercise of the powers conferred upon him by this section the
Governor-General shall, except where it is otherwise expressly provided, act in
his own deliberate judgment.
Appeals to Public Service Board of Appeal.
87.- (1) This section applies to-
a) any decision of the Governor-General, acting in accordance with the
recommendation for the Public Service Commission or the Police Service
Commission, to remove a public officer from office or to exercise disciplinary
control over a public officer (including a decision made on appeal from or
confirming a decision or any person to whom powers are delegated under section
77(2) or 85(2));
b) any decision of any person to whom powers are delegated under section 77(2)
or 85(2) to remove a public officer from office or to exercise disciplinary
control over a public officer (not being a decision that is subject to appeal
to or confirmation by the Governor-General, acting in accordance with the
recommendation of the Public Service Commission or the Police Service
Commission); and
c) such decisions with respect to the discipline of any defence force
established for Saint Christopher and Nevis as may be prescribed by
Parliament.
(2) Subject to subsection (5),an appeal shall lie to the Public Service Board
or Appeal (hereinafter in this section referred to as the Board) from any
decision to which this section applies at the instance of the public officer or
member of the defence force in respect of whom the decision is made.
(3) Upon an appeal under this section the Board may affirm or set aside the
decision appealed against or may make any other decision that the authority or
person from whom the appeal lies could have made.
(4) Every decision f the Board shall require the concurrence of a majority of
all its members.
(5) The Board may by regulation make provision for its own procedure and the
procedure on appeals under this section and may, with the approval of the
Governor-General, by regulation-
a) except from the provisions of subsection (2) decisions in respect of public
officers holding offices whose emoluments do not exceed such amount as may be
prescribed by the regulations or such decisions to exercise disciplinary
control over public officers, other than decisions to remove a public officer
from office, as may be so prescribed; and
b) confer powers or impose duties on any public officer or on may authority of
the Government for the purpose of the exercise of its functions.
PART 5
Pensions.
Pensions laws and protection of pensions rights.
88.- (1) The law to be applied with respect to any pension benefits
that were granted to any person at any time before 19th September 1983 shall be
the law that was in force at the date on which those benefits were granted or
any law in force at a later date that is not less favorable to that person.
(2) The law to be applied with respect to any pensions benefits (not being
benefits to which subsection (1) applies) shall-
a) in so far as those benefits are wholly in respect of a period of service as
a public officer or a judge that commenced at any time before 19th September
1983 be law that was in force on that date; and
b) in so far as those benefits are wholly or partly in respect of a period of
service as a public officer or a judge that commenced on or after that date, be
the law in force on the date on which that period of service commenced,
or any law in force at a later date that is not less favorable to that
person.
(3) Where a person is entitled to exercise an option as to which of two or more
laws shall apply in his case, the law for which he opts shall, for the purposes
of this section, be deemed to be more favorable to him than the other law or
laws.
(4) All pensions benefits shall (except to the extent they are charged by law
upon and duly paid out of some other fund) be a charge on the Consolidated
Fund.
(5) In this section "pensions benefits" means any pensions, compensation,
gratuities or other like allowances for persons in respect of their service as
members of the National Assembly, judges or officers of the Supreme Court or
public officer or for the widows, children, dependents or personal
representatives of such persons in respect of such service.
(6) References in this section to the law with respect to pensions benefits
include (without prejudice to their generality) references to the law
regulating the circumstances in which such benefits may be granted or in which
the grant of such benefits may be refused, the law regulating the circumstances
in which any such benefits that have been granted may be withheld, reduce in
amount or suspended and the law regulating the amount of any such benefits.
Power to withhold pensions etc.
89.- (1) Where under any law any person or authority has a
discretion-
a) to decide whether or not any pension benefits shall be granted; or
b) to withhold, reduce in amount or suspend any such benefits that have been
granted,
those benefits shall be granted and may not be withheld, reduced in amount or
suspended unless the Public Service Commission concurs in the refusal to grant
the benefits or, as the case may be, in the decision to withhold them, reduce
them in amount or suspend them.
(2) Where the amount of any pensions benefits that may be granted to any person
is not fixed by law, the amount of the benefits to be granted to him shall be
the greatest amount for which he is eligible unless the Public Service
Commission concurs in his being granted benefits of a smaller amount.
(3) The Public Service Commission shall not concur under subsection (1) or (2)
in any action taken on the ground that any person who holds or has held the
office of judge of the Court of Appeal, judge of the High Court, Director of
Public Prosecutions or Director of Audit has been guilty of misbehavior in that
office unless he has been removed from that office by reason of such
misbehavior.
(4) Before the Public Service Commission concurs under subsection (1) or (2) in
any action taken on the ground that any person who holds or has held any office
to which, at the time of such action, section 83 of this Constitution applies
has been guilty of misbehavior in that office, the Public Service Commission
shall consult the Judicial and Legal Services Commission.
(5) In this section "pensions benefits" means any pensions, compensation,
gratuities or other like allowances for persons in respect of their service as
judges or officer of the Supreme Court or public officers or for the widows,
children, dependents or personal representatives of such person in respect of
such service.
CHAPTER VIII
CITIZENSHIP
Person who become citizens at independence.
90.- The following persons shall become citizen on 19th September
1983-
a) every person who, having been born in Saint Christopher and Nevis, was
immediately before that date a British citizen or a British Dependent
Territories citizen;
b) every person who, having been born outside Saint Christopher and Nevis, was
immediately before that date a British citizen or a British Dependent
Territories citizen by virtue or registration or naturalization in Saint
Christopher and Nevis or by virtue of his adoption in Saint Christopher and
Nevis in a manner recognized by law;
c) every other person who was immediately before that date a British citizen or
a British Dependent Territories citizen and either of whose parents becomes, or
but for death or renunciation of citizenship would have become, a citizen by
virtue of paragraph (a), (b) or (d);
(d) every other person who was immediately before that date a British citizen
or a British Dependent Territories citizen and either or whose parents becomes,
or but for death or renunciation of citizenship would have become, a citizen
by virtue of paragraph (a), (b) or (c);
e) every other person who, having been born, adopted in a manner recognized by
law, registered or, as the case may be, naturalized in Anguilla before 19th
December 1980 and having been ordinarily resident in Saint Christopher and
Nevis since a date earlier than that date, was immediately before 19th
September 1983 a British citizen or a British Dependent Territories citizen;
f) any person who was immediately before 19th September 1983 a British citizen
or a British Dependent Territories citizen and one of whose grandparents
becomes, or but for death or renunciation of citizenship would have become, a
citizen by virtue of paragraph (a) or (b);
g) every other person who immediately before that date by virtue of section
113(10) of the Constitution then in force belonged to Saint Christopher and
Nevis for the purposes of that Constitution; and
h) every other person who was immediately before that date under the age of
eighteen years and is te child of a person who becomes, or but for death or
renunciation of citizenship would have become, a citizen by virtue of any of
the preceding paragraphs.
Person who become citizens after independence.
91.-The following persons born on or after 19th September 1983 shall
become citizens at the date of their birth-
a) every person born in Saint Christopher and Nevis:
Provided that a person shall not become a citizen by virtue of this paragraph
if at the time of his birth-
i) neither of his parents is a citizen and either of them passed such immunity
from suit and legal process as is accorded to the envoy of a foreign sovereign
power accredited to Saint Christopher and Nevis; or
ii) either of his parents is a citizen of country with which Her Majesty is at
war and the birth occurs in a place then under occupation by that country;
b) every person born outside Saint Christopher and Nevis if at the date of his
birth either of his parents is, or but for death would have become, a citizen
employed in service under the Government or under an authority of the
Government that requires him to reside outside Saint Christopher and Nevis for
the proper discharge of his functions.
Registration.
92.- (1) The following person shall, if they do not already possess
citizenship, be entitled, upon making application, to be registered as
citizens-
a) any person who is married to citizen;
b) any person who, being a Commonwealth citizen, is ordinarily resident in
Saint Christopher and Nevis having been so resident for the period of fourteen
years immediately preceding the date of his application;
c) any person who, having been a citizen, has renounced his citizenship;
d) any person who, but for renunciation of citizenship, would have become a
citizen by virtue of section 90;
e) any person who is married to any such person as is mentioned in paragraph
(b), (c) or (d);
f) any person who-
i) was married to a person who but for his death would have become a citizen by
virtue of section 90; or
ii) was married to a person who became a citizen by virtue of that section, but
whose marriage to that person has been terminated by dissolution at any time
before 19th September 1983 after having subsisted for at least three years;
g) any person under the age of eighteen years who is the child of a citizen of
the child of a person who is or would but for his death have been entitled to
be registered as a citizen under any of the preceding paragraphs; and
h) such other person as may be prescribed by Parliament:
provided that if it is so provided by Parliament an application for
registration as a citizen under this subsection may, in such circumstances as
may be prescribed by Parliament in the interests of defence, public safety or
public order, be refused by the Minister responsible for the matter in any case
in which he is satisfied that there are reasonable grounds for refusing the
application.
(2) An application for registration under subsection (1) shall be made in such
manner as may be prescribed, as respects that application, by or under a law
enacted by Parliament and, in the case of a person under the age of eighteen
years, it shall be made on his behalf by his parent or guardian:
provided that, if any such person it or has been married, he may make the
application himself.
(3) Every person not already owing allegiance to the Crown who, having reached
the age of eighteen years, applies for registration under subsection (1) shall,
before such registration, taken the oath of allegiance.
(4) For the purposes of paragraph (b) of subsection (1) any person who was
ordinarily resident in Anguilla for any period before 19th December 1980 shall
be regarded as having been ordinarily resident in Saint Christopher and Nevis
during that period.
Dual citizenship.
93.- (1) If a person who is a citizen of some other country or entitled
to be registered as such is entitled to registration as a citizen under section
92, he shall not, by reason only that he is or may become a citizen of that
other country, be refused registration under that section or be required to
renounce his citizenship of the country as a condition of being registered
under that section.
(2) Any such person as is referred to in subsection (1) shall not, if he is a
citizen-
a) be refused a passport of Saint Christopher and Nevis, or have such a
passport withdrawn, canceled or impounded, by reason only that he is in
possession of passport issue by some other country of which he is a citizen;
or
b) be required to surrender, or be prohibited from acquiring, a passport issued
by some other country of which he is a citizen before being issued with a
passport of Saint Christopher and Nevis or as a condition of retaining such a
passport.
Acquisition renunciation, certification and deprivation.
94.- There shall be such provision as may be made by Parliament-
a) for the naturalization as citizens of persons who are not entitled to become
citizens under section 92;
b) for the renunciation by any person of his citizenship;
c) for the certification of citizenship in relation to persons who are or were
formerly citizens upon application by such persons or by such other interested
persons as may be prescribed; and
d) for depriving of his citizenship any person who has become a citizen by
virtue of registration or naturalization if his citizenship was obtained by
false representation or fraud or wilful concealment of material facts or if he
is convicted under any law of an act of treason or sedition:
Provided that any law enacted for the purposes of paragraph (p) shall include
provisions under which the person concerned shall have a right of appeal to a
court of law of competent jurisdiction or other independent authority and shall
be permitted to appear before the court or authority in person or, at his own
expense, to be represented by a legal practitioner of his own choice.
Interpretation.
95.- (1) For the purpose of this Chapter, a person born aboard a
registered ship or aircraft, or aboard an unregistered ship or aircraft of the
Government of any country, shall be deemed to have been born in the place in
which the ship or aircraft was registered or, as the case may be, in that
country.
(2) Any reference in this Chapter to the national status of the parent of a
person at the time of that person's birth shall, in relation to a person born
after his father's death, be construed as a reference to the national status of
the father at the time of the father's death; and where that death occurred
before 19th September 1983 and the birth occurred on or after that date shall
be deemed to be his national status at the time of this death.
(3) References in this Chapter to registration or naturalization are references
to registration as a citizen under section 92 or naturalization as a citizen
under any law made in pursuance of section 94 and include references to-
a) Registration or naturalization as a British citizen or a British Dependent
territories citizen under the British Nationality Act 1981 (a);
b) registration or naturalization as a citizen of the United Kingdom and
Colonies under the British Nationality Act 1948 (b); and
c) naturalization as a British subject before that Act came into force.
(4) references in this Chapter to renunciation of citizenship in relation to
period before 19th September 1983 are reference to renunciation of British
citizenship, citizenship of the British Dependent Territories, citizenship of
the United Kingdom and Colonies or, as the Case may be, the status of a British
subject before the British Nationality Act 1948 came into force.
(5) For the purposes of this Chapter-
a) a person shall be regarded as having been registered or naturalized in Saint
Christopher and Nevis or, as the case may be, in Anguilla if he was registered
or naturalized while resident in Saint Christopher and Nevis or, as the case
may be, while resident in Anguilla;
b) a person who was adopted by a person who at the time of the adoption was
resident in Saint Christopher and Nevis or, as the case may be, in Anguilla
shall be regarded as having been adopted in Saint Christopher and Nevis or, as
the case may be, in Anguilla; and
c) an newborn infant found abandoned in Saint Christopher and Nevis or,a s the
case may be, in Anguilla shall, unless the contrary is shown, be regarded as
having been born in Saint Christopher and Nevis or, as the case may be, in
Anguilla.
CHAPTER IX
JUDICIAL PROVISIONS
Original jurisdiction of High Court in constitutional question.
96.- (1) Subject to sections 23(3), 37(10)(b), 50(7) and 116(2), any
person who alleges that any provision of this Constitution (other than a
provision of Chapter II) has been or is being contravened may, if he has a
relevant interest, apply to the High Court for a declaration and for relief
under this section.
(2) The High Court shall have jurisdiction on an application made under this
section to determine whether any provision of this Constitution (other than a
provision of Chapter II) has been or is being contravened and to make a
declaration accordingly.
(3) Where the High Court makes a declaration under this section that a
provision of this Constitution has been or is being contravened and the person
on whose application the declaration is made has also applied for relief, the
High Court may grant to that persons such remedy as it considers appropriate,
being a remedy available generally under any law in proceedings in the High
Court.
(4) The Chief Justice may make rules with respect to the practice and procedure
of the High Court in relation to the jurisdiction and powers conferred on the
court by or under this section, including provision with respect to the time
within which any application under this section may be made.
(5) A person shall be regarded as having a relevant interest for the purpose of
an application under this section only if the contravention of this
Constitution alleged by him is such as to affect his interests.
(6) The rights conferred on a person by this section to apply for a declaration
and relief in respect of an alleged contravention of this Constitution shall be
in addition to any other action in respect of te same matter that may be
available to that person under any law.
(7) Nothing in this section shall confer jurisdiction on the High Court to hear
or determine any such question as is referred to in section 36.
Reference of constitutional question to High Court.
97.-(1) Where any question as to the interpretation of this
Constitution arises in any court of law established for Saint Christopher and
Nevis (other than the Court of Appeal, the High Court or a court-martial) and
the court is of the opinion that the question involves a substantial question
of law, the court may, and shall if any party to the proceedings so requests,
refer the question to the High Court.
(2) Where any question is referred to the High Court in pursuance of this
section, the High Court shall give its decision upon the question and the court
in which the question arose shall dispose of the case in accordance with that
decision or, if the decision is the subject of any appeal to the Court of
Appeal or to Her Majesty in Council, in accordance with the decision of the
Court of Appeal or, as the case may be, of Her Majesty in Council.
Appeals to Court of Appeal.
98.- Subject to section 36, an appeal shall lie from decisions of the
High Court to the Court of Appeal as of right in the following cases-
a) final decisions in any civil or criminal proceedings that involve a question
as to the interpretation of this Constitution;
b) final decision given in exercise of the jurisdiction conferred on the High
Court by section 18 (which relates to the enforcement of the fundamental rights
and freedoms);
c) final decisions given in exercise of the jurisdiction conferred on the High
Court by section 112(which relates to disputes between the Nevis Island
Administration and the Government); and
d) such other cases as may be prescribed by Parliament.
Appeals to Her Majesty in Council
99.- (1) An appeal shall lie from decisions of the Court of Appeal to
Her Majesty in Council as of right in the following cases-
a) final decision in any civil proceedings where the matter in dispute on the
appeal to Her Majesty in Council is of the prescribed value or upwards or where
the appeal involves directly or indirectly a claim to or question respecting
property or a right of the prescribed value or upwards:
b) final decisions in proceedings for dissolution or nullity of marriage;
c) final decisions in any civil or criminal proceedings that involve a question
as to the interpretation of this Constitution;
d) final decisions given in exercise of the jurisdiction conferred on the High
Court by section 112; and
e) such other cases as may be prescribed by Parliament.
(2) Subject to section 36(7), an appeal shall lie from decisions of the Court
of Appeal to Her Majesty in Council with the leave of the Court of Appeal in
the following cases-
a) decisions in any civil proceedings where in the opinion of the Court of
Appeal the question involved in the appeal is one that, by reason of its great
general or public importance or otherwise, ought to be submitted to Her Majesty
in Council; and
b) such other cases as may be prescribed by Parliament.
(3) An appeal shall lie to Her Majesty in Council with the special leave of Her
Majesty from any decision of the Court of Appeal in any civil or criminal
matter.
(4) Reference in this section to decision of the Court of Appeal shall be
construed as references to decisions of the Court of Appeal in exercise of the
jurisdiction conferred upon that court by this Constitution or any other law.
(5) In this section the prescribed valued means the value of five thousand
dollars or such other value as may prescribed by Parliament.
CHAPTER X
THE ISLAND OF NEVIS
Nevis Island Legislature.
100.- There shall be a legislature for the island of Nevis, which shall
be styled the Nevis Island Legislature and shall consist of Her Majesty and an
assembly styled the Nevis Island Assembly.
Nevis Island Assembly.
101.- (1) The Nevis Island Assembly shall consist of-
a) such number of elected members as corresponds with the number of electoral
districts for the time being established under section 50, as applied with
modifications by section 104(1); and
b) three nominated members or such greater number (not exceeding two-thirds of
the number of elected members) as may be prescribed by the Nevis Island
Legislature.
(2) Of the nominated member-
a) one-third of their number shall be appointed by the Governor-General in
accordance with the advice of the Leader of the Opposition in the Assembly;
and
b) the others shall be appointees by the Governor-General in accordance with
the advice of the Premier.
(3) Without prejudice to section 27 and 28, as applied with modifications by
section 104(1), a person shall not be qualified for election to the Assembly
unless, at the time when the election is held, he would be entitled to vote in
elections of Representatives held in the island of Nevis.
(4) For the purposes of section 29(2), as applied with modifications by section
104(19, the provisions made by Parliament in relation to the election of
elected members of the Assembly shall be such that the persons entitled to vote
in elections of such elected members are persons entitled to vote in elections
of Representatives in the island of Nevis.
(5) If a persons who is nor a member of the Assembly is elected to be president
of the Assembly he shall, by virtue of holding the office of president, be a
member of the Assembly.
(6) Any person who sits or votes in the Assembly knowing or having reasonable
grounds for knowing that he is nor entitled to do so shall be guilty of a
criminal offence and liable to a fine not exceeding one hundred dollars, or
such other sum as may be prescribed by the Nevis Island Legislature, for each
day on which he so sits or votes in the Assembly.
(7) Any prosecution for an offence under subsection (6) shall be instituted in
the High Court an shall not be so instituted except by the Director of Public
Prosecutions.
(8) In subsection (2) "one-third" means, in relation to a number of nominated
members that is not a multiple of three, ne-Third of the next higher number
that is such a multiple.
Nevis Island Administration.
102.- (1) There shall be a Nevis Island Administration, which shall
consist of-
a) a Premier; and
b) two other members or not less than two nor more than such greater number of
members as the Nevis Island Legislature may prescribe, who shall be appointed
by the Governor-General.
(2) The Governor-General, acting in his own deliberate judgment, shall appoint
as Premier an elected member of the Assembly who seems to him likely to command
the support of the majority of the elected members of the Assembly.
(3) The Governor-General, acting in accordance with the advice of the Premier,
shall appoint the other members of the Administration from among the members of
the Assembly.
(4) If a member of the Administration is absent from Saint Christopher and
Nevis or is for any reason unable to discharge his functions as such, the
Governor-General, acting in accordance with the advice of the Premier, may
appoint another member of the Assembly to be a temporary member os the
Administration in his place and may terminate any such appointment.
(5) The functions of the Administration shall be to advise the Governor_General
in the government of the island of Nevis and the Administration shall be
collectively responsible to the Assembly for any advice given to the
Governor-General by or under the general authority of the Administration and
for all things done by or under the authority of any member of the
Administration in the execution of his office.
(6) Subsection (5) shall not apply in relation to-
a) the assignment of responsibility to any member of the Administration under
section 54, as applied with modifications by section 104(4), or the
authorization of another member of the Administration to perform the functions
of the Premier during absence of illness;
b) the dissolution of the Nevis Island Legislature;
c) the matters referred to in section 66 of this Constitution (which relate to
the prerogative of mercy); or
d) any matter in respect of which the Nevis Island Legislature has no power to
make laws for the island of Nevis.
Power to make laws.
103.- (1)Subject to the provisions of this Constitution, the
Nevis Island Legislature may make laws, which shall be styled Ordinances, for
the peace, order and good government of the island of Nevis with respect to the
specified matters.
(2) A law made by the Nevis Island Legislature may contain incidental and
supplementary provisions that relate to a matter other than a specified matter
but if there is any inconsistency between those provisions and the provisions
of any enacted by Parliament, the provisions of the law enacted by Parliament
shall prevail.
Provisionsapplied with modifications.
104.- (1) Section 27, 28, 29, 31, 32, 34, 35, 36, 39, 40, 41, 42, 43,
44, 45, 46, 47, 48, 49, 50, 56(3), 58, 78(5), 88(5) and 117(1) and (2) and
schedule 2 shall apply in relation to the Assembly as they apply in relation to
the National Assembly and for that purpose they shall have effect as if-
a) references to the National Assembly (except the reference in the proviso to
section 49(1)) were references to the Assembly;
b) references to Representative or to Senators (except the references in
subsection 28(2) and (3) to Representative) were references to elected members
or, as the case may be, to nominated members of the Assembly;
c) references to constituencies were references to electoral districts;
d) references to the Government, to the Prime Minister or any other Minister,
to the Leader of the Opposition or to the Speaker were references to the
Administration,to the Premier, to the Leader of the Opposition in the Assembly
or, as the case may be, to the president of the Assembly;
e) references to the Consolidated Fund or any other public fund of the
Government of Saint Christopher and Nevis were references to the Nevis Island
Consolidated Fund or any other public fund of the Administration;
f) references to the Deputy Speaker or to a Parliamentary Secretary were
deleted;
g) the references in section 28(5)(a) to the office of elected member or
nominated member of the Assembly or member or the Administration were a
reference to the office of representative Senator, Minister Or Parliamentary
Secretary;
h) the reference in section 29(2) to residence in Saint Christopher and Nevis
were a reference to residence in the island of Nevis;
i) the reference in section 31 to section 30 were a reference to section
101(2), paragraph (d) of section 31(3) were deleted, the references in section
41 to sections 19(8) and 37(6) were deleted and the references in that section
to section 38(2) were references to section 113(2);
j) the references in section 31, 32, 42, 46, 47 and 48 to Parliament were
references to the Nevis Island Legislature and the referenced in section 46,
49, and 50 to Saint Christopher and Nevis were references to the island of
Nevis; and
k) rule 1 and paragraph (a) of rule 2 were deleted from schedule 2 an in place
of rule 1 the following rule were substituted-
"1 There shall be not less than five electoral districts in the island of
Nevis".
(2) Any provision made by Parliament such as is referred to in section 45 shall
apply in relation to the Assembly and its members, officers and committees as
it applies in relation to the National Assembly and its members, officers and
committees.
(3) Before advising the Governor-General to dissolve the Assembly under section
47, as applied with modifications by subsection (1) of this section,the Premier
shall consult the Prime Minister.
(4) Section 52 (except subsections (1), (29, (3) and (4)) and sections 54, 55,
57, 60, 61 and 62 shall apply in relation to the Administration as they apply
in relation to the Cabinet and for that purpose they and Part 3 of schedule 4
shall have effect as if-
a) references to the Prime Minister were references to the Premier;
b) references to a Minister were references to a member of the
Administration;
c) references to the Government or to the Cabinet were references to the
Administration;
d) references to Parliament or to the National Assembly were references tot he
Nevis Island Legislature or, as the case may be, to the Assembly.
Exercise of Governor-General's functions.
105.- (1) In the exercise of the functions to which this section applies
the Governor-General shall act in accordance with the advice of the
Administration or a member of the Administration acting under its general
authority except in cases where he is required by this Constitution to act in
accordance with the advice of or on the recommendation of, any person or
authority other than the Administration.
(2) This section applies to the functions of the Governor-General with respect
to the government of the island of Nevis that relates to the specified matters
but does not include any functions conferred upon him-
a) by any of the provisions of this Constitution except sections 43, 46 and 48,
as applied with modifications by sections 104; or
b) by or under any law enacted by Parliament having effect in the island of
Nevis that relates to any specified matter.
Responsibilities of Administration.
106.- (1) The Administration shall have exclusive responsibility for the
administration within the island of Nevis, in accordance with the provisions of
any relevant laws, of the following matters-
a) airports and seaports;
b) education;
c) extraction and processing of minerals;
d) fisheries;
e) health and welfare;
f) labour;
g) land and buildings vested in the Crown and specifically appropriated to the
use of the Government; and
h) licensing of imports into and exports out of Saint Christopher and Nevis.
(2) Nothing in subsection (1) shall-
a) affect the exercise of any power vested by law in the Governor General or a
Minister; or
b) empower the Administration to take any action that is inconsistent with the
general policy of the Government as signified by the Prime Minister in a
written communication to the Premier, or that relates to a question that in the
opinion of the Prime Minister as so signified involves issues of national
concern, without the prior concurrence of the Prime Minister.
(3) If land in the island of Nevis is required for the use of the Government,
the Administration shall either make available suitable land that is vested in
the Crown or else acquire and make available other suitable land and the
Government shall be responsible for paying appropriate compensation to any
private person whose interests may have been adversely affected and appropriate
compensation to the Administration and buildings or other property previously
paid for by the Administration and appropriated for the use of the Government
with the land.
(4) Nothing in subsection (1) shall be construed as precluding the legislature
from conferring other responsibilities on the Administration.
Public safety and public order.
107.- (1) The Premier may give such general directions with respect to
the maintaining and securing of public safety and public order in the island of
Nevis as he may consider necessary to-
a) the senior officer of the Police Force stationed in the island of Nevis;
or
b) the senior officer of any defence force of Saint Christopher and Nevis
stationed in the island of Nevis.
and subject to subsection (2),that officer shall comply with those general
directions.
(2) Nothing in subsection (1) shall preclude the Prime Minister from giving
general directions with respect to the maintaining and securing of public
safety and public order in Saint Christopher and Nevis to the Chief of Police
or the officer commanding any defence force of Saint Christopher and Nevis and
if there is any inconsistency between any such directions and any directions
given under subsection (1), the officers concerned shall comply with the
directions given by the Prime Minister.
Finance.
108.- (1) All revenues or other moneys raised or received by the
Administration (not being revenues or other moneys that are payable by or under
any law into some other fund of the Administration established for a specific
purpose) shall be paid into and form a fund styled the Nevis Island
Consolidated Fund (hereinafter in this section referred to as the Fund).
(2) Sections 70, 71, 72, 73, 75 and 76 shall apply in relation to the
Administration as they apply in relation to the Government and for that purpose
they shall have effect as if-
a) references to the Consolidated Fund were references to the Fund;
b) references to Parliament and to the National Assembly were references to the
Nevis Island Legislature or, as the case may be, to the Assembly;
c) references to the Minister for the time being responsible for finance were
references to the member of the Administration for the time being responsible
for finance; and
d) references to the Government were references to the Administration.
Staff.
109.- (1) The staff of the Administration shall consist of such number
of public office as may be constituted in that behalf under section 63 after
consultation between the Prime Minister and the Premier.
(2) The staff of the Administration shall be under the supervision of an
Establishment officer stationed in the island of Nevis, whose office shall be a
public office and who shall be entitled to communicate direct with the chairman
of the Public Service Commission on all matters concerning the staff of the
Administration.
Revenue allocation.
110.- (1) Subject to subsection (2),the proceeds of all takes collected
in Saint Christopher and Nevis under any law shall be shared between the
Government and the Administration and the share of each shall be determined by
reference to the proportion between the population of the island of Saint
Christopher and the population of Saint Christopher and Nevis as a whole or,as
the case may be, the population of the island of Nevis and the population of
Saint Christopher and Nevis as a whole, as ascertained by reference to the
latest available results of a census of those populations carried out in
pursuance of a law enacted by Parliament.
(2) The share of the Administration under subsection (1) shall be subject to
the following deductions_
a) a contribution to the cost of common services provided for Saint Christopher
and Nevis by the Government; and
b) a contribution to the cost of meeting the debt charges for which the
Government is responsible under section 75.
(3) The Governor-General may make rules for the purpose of giving effect to the
provisions of this section and (without prejudice to the generality of the
foregoing power) any such rules may make provisions-
a) for prescribing what services are to be regarded as common services;
b) for determining the contributions to be made by the Administration in
relation to any common service so prescribed;
c) for determining the contributions to be made by the Administration in
respect of the debt charges for which the Government is responsible, and
d) for prescribing the time at which and the manner in which calculations and
payments (including provisions payments) are to be made.
(4) The powers of the Governor-General under subsection (3) shall be exercised
by him on the advice of the Prime Minister but no such advice shall be given
without the concurrence of the Premier.
Grants an loans.
111.- (1) The Governor-General may make rules providing that-
a) the existing or contingent liability of the administration for servicing its
public debt shall not exceed such limits as may be prescribed;
b) the Minister responsible for finance shall be informed in advance of any
proposal that the Administration should obtain any grant or loan of money;
and
c) there shall be such consultation between the Government and the
Administration as may be prescribed concerning any such proposal before the
proposal is put into effect.
(2) The power of the Governor-General under subsection (1) shall be exercised
by him on the advice of the Prime Minister but no such advice shall be give
without the concurrence of the Premier.
Disputes between Administration and Government:
112.-The High Court shall, to the exclusion of any other court of law
have original jurisdiction in any dispute between the Administration and the
Government if and in so far as the dispute involves any question (whether of
law or fact) on which the existence or extent of a legal right depends.
Separation of Nevis from Saint Christopher.
113.-(1) The Nevis Island Legislature may provide that the island of
Nevis shall cease to be federated with the island of Saint Christopher and
accordingly that this Constitution shall no longer have effect in the island of
Nevis.
(2) A bill for the purposes of subsection 81) shall not be regarded as being
passed by the Assembly unless on its final reading the bill is supported by the
votes of nor less than two-thirds of all the elected member of the Assembly and
such a bill shall not be submitted to the Governor-General for his assent
unless-
a) there has been an interval of not less than ninety days between the
introduction of the bill in the Assembly and the beginning of the proceedings
in the Assembly on the second reading of the bill,
b) after it has been passed by the Assembly, the bill has been approved in a
referendum held in the island of Nevis by not less than two-thirds of all the
votes validly cast on that referendum; and
c) full and detailed proposal for the future constitution of the island of
Nevis (whether as a separate states or as part of or in association with some
other country) have been laid before the Assembly for at least six months
before the holding of the referendum and those proposals, with adequate
explanations of their significance, have been made available to the persons
entitled to vote on the referendum at least ninety days before the holding of
the referendum.
(3) Every person who, at the time when the referendum is held, would be
entitled to vote at elections of representatives held in the island of Nevis
shall be entitled to vote on a referendum held for the purposes of this section
in accordance with such procedure as may be prescribed by the Nevis Island
Legislature for the purpose of the referendum and no other person shall be
entitled so to vote.
(4) In any referendum for the purposes of this section the votes shall be given
by ballot in such manner as not to disclose how any particular person votes.
(5) The conduct of any referendum for the purposes of this section shall be the
responsibility of the Supervisor of Elections and the Provisions of subsection
(4), (5) and (79 of section 34 shall apply in relation to the exercise by the
Supervisor of Elections or by any other officer of his function with respect to
a referendum as they apply in relation to the exercise of his functions with
respect to elections of Representatives.
(6) There shall be such provisions as may be made by the Nevis Island
Legislature to enable independent and impartial persons nominated by an
international authority to observe the conduct of a referendum for the purposes
of this section and to make reports on the conduct or results of the referendum
to the Governor-General, who shall cause any such reports to be published, and
for that purpose any such persons shall be accorded such powers, privileges and
immunities as may be prescribed by or under any a law enacted by Parliament or,
subject thereto, by or under any law enacted by the Nevis Island Legislature.
(7) A bill for the purposes of subsection (1) shall not be submitted to the
Governor-General for his assent unless it is accompanied by a certificate under
the hand of the president of the Assembly that the provisions of subsection (2)
have been complied with and a certificate under that hand of the Supervisor of
Elections stating the results of the referendum.
(8) The certificate of the president of the Assembly under this subsection
shall be conclusive that the provision of subsection (2) have been complied
with and shall not be enquired into in any court of law.
Interpretation.
114.- (1) In this Chapter-
"the Administration" means the Nevis Island Administration;
"the Assembly" means the Nevis Island Assembly.
CHAPTER XI
MISCELLANEOUS
Secession of Nevis.
115.- If, by virtue of a law enacted by the Nevis Island Legislature
under section 113(1),the island of Nevis ceases to be federated with the island
of Saint Christopher, the provisions of schedule 3 shall forthwith have
effect.
Functions of Governor-General
116.- (1) Any references in this Constitution to the function of the
Governor-General shall be construed as a references to his powers and duties in
the exercise of the executive authority of Saint Christopher and Nevis and to
any other power and duties conferred or imposed on him as Governor-General by
or under this Constitution or any other law.
(2) Where by this Constitution the Governor-General is required to perform any
functions in his own deliberate judgment or in accordance with the advice or
recommendation of, or after consultation with, any person or authority, the
question whether the Governor-General has so exercised that function shall not
be enquired into in any court of law.
(3) Where by this Constitution the Governor-General is required to perform any
function after consultation with any person or authority he shall not be
obliged to exercise that function in accordance with the recommendation of that
person or authority.
Resignations.
117.- (1)A Representative or a Senator may resign his seat by
writing under his hand addressed to the Speaker and the resignation shall taken
effect, and the seat shall accordingly become vacant, when the writing is
received, as the case may be, by-
a) the Speaker;
b) if the office of Speaker is vacant or the Speaker is for any reason unable
to perform m the functions of his office and no other person is performing
them, the Deputy Speaker; or
c) if the office of Deputy Speaker is vacant or the Deputy Speaker is for any
reason unable to perform the functions of this office and no other person is
performing them, the Clerk of the National Assembly.
(2) The Speaker or the Deputy Speaker may resign his office by writing under
his hand addressed to the National Assembly and the resignation shall take
effect, and the office shall accordingly become vacant, when the writing is
received by the Clerk of the National Assembly.
(3) Any person who has been appointed to an office established by this
Constitution (other than an office to which subsection (1) of (2) applies) or
any office of Minister established under this Constitution may resign that
office by writing under his hand addressed to the person or authority by whom
he was appointed and the resignation shall taken effect, and the office shall
accordingly become vacant-
a) at such time or on such date (if any) as may be specified in the writing;
or
b) when the writing is received by the person or authority to whom it is
addressed, or by such person as may be authorized to receive it,
whichever is the later:
Provided that the resignation may be withdrawn before it takes effect if the
person or authority to whom the resignation is addressed consents to its
withdrawal.
Re-appointment and concurrent appointments.
118.- (1) Where any person has vacated any office established by this
Constitution or any office of Minister or Parliamentary Secretary established
under this Constitution, he may if qualified, again be appointed or elected to
hold that office in accordance with the provisions of this Constitution.
(2) Where this Constitution vest in any person or authority the power to make
any appointment to any office other than that of Senator, Minister,
parliamentary Secretary, Leader of the Opposition, nominated member of the
Nevis Island Assembly, member of the Nevis Island Administration or Leader of
the Opposition in the Nevis Island Assembly, a person may be appointed to that
office, when that other person is on leave of absence pending the
relinquishment of the office, and where two or more persons are holding the
same office by reason of an appointment made in pursuance of this subsection,
them, for the purposes of any functions conferred upon the holder of that
office, the person last appointed shall be deemed to be the sole holder of the
office.
Interpretation.
119.- (1) In this Constitution,unless the context otherwise requires-
"child", in relation to any other person,means a person of whom that other
person is a parent,
"citizen" means a citizen of Saint Christopher and Nevis and "citizenship"shall
be construed accordingly;
"Commonwealth citizen" has such meaning as Parliament may prescribe;
"defence force" means a naval, military or air force;
"dollars" means dollars in the currency of Saint Christopher and Nevis;
"financial year" means any period of twelve months beginning on 1st January in
any year or such other date as may be prescribed by any law enacted by
Parliament;
"the Gazette" means the official Gazette of Saint Christopher and Nevis;
"the Government" means Her Majesty's Government of Saint Christopher and
Nevis;
"grandparent", in relation to any other person, means a parent of one of his
parents;
"law" means any law in force in Saint Christopher and Nevis or any part
thereof, including any instrument having the force of law and any unwritten
rules of law and "lawful" and "lawfully" shall be construed accordingly;
"Leader of the Opposition "means the Leader of the Opposition in the National
Assembly;
"legal practitioner" means a person entitled to be in or to enter Saint
Christopher and Nevis and entitled to practice as a barrister in Saint
Christopher and Nevis or, except in relation to proceedings before a court in
which a solicitor has no right of audience, so entitled to practice as a
solicitor;
"the legislature" means Parliament;
Provided that in relation to any specified matter it includes the Nevis Island
Legislature;
"Minister" means a Minister of the Government;
"parent", in relation to any other person, includes-
a) any person who has adopted him in a manner recognized by law, and
b) in the case of a person born out of wedlock and not legitimated, his mother
and the person (if any) who acknowledges and can show that he is his father or
has been found by a court of competent jurisdiction to be his father.
but, in the case of a person who has been adopted, it does not include any
person who has relinquished his parental rights over him as a consequence of
the adoption.
"Parliament" means the Parliament of Saint Christopher and Nevis;
"oath" includes affirmation;
"oath of allegiance " means, the oath of secrecy set out in schedule 4;
"oath of office" means, in relation to any office, the oath for the due
execution of that office set out in schedule 4;
"oath of secrecy" means the oath of secrecy set out in schedule 4;
"the Police Force" means the Royal Saint Christopher and Nevis Police Force
and includes any other police force established to succeed to the functions of
that Force;
"proclamation" means a proclamation published in the Gazette or, if such
publications not reasonably practicable, published in Saint Christopher and
Nevis by such means as are reasonably practicable and effective;
"public office" means any office of emolument in the public service;
"public officer" means a person holding or acting i any public office;
"the public service" means, subject to the provisions of this section, the
service in a civil capacity of the Crown in right of the Government,
"session" means-
a) in relation to the National Assembly, the period beginning when it first
meets after Parliament has at any time been prorogue of dissolved and ending
when Parliament is prorogued or when Parliament is dissolved without having
been prorogued,
b) in relation to the Nevis Island Assembly, the period beginning when it first
meets after the Nevis Island Legislature has at any time been prorogued or
dissolved and ending when that Legislature is prorogued or when that
Legislature is dissolved without having been prorogued;
"sitting" means-
a) in relation to the National Assembly, the period during which it is sitting
continuously without adjournment and includes any period during which it is in
committee;
b) in relation to the Nevis Island Assembly, the period during which it is
sitting continuously without adjournment and includes any period during which
it is in committee;
"Speaker" and "Deputy Speaker" means the respective persons holding office as
Speaker and Deputy Speaker and Deputy Speaker of the National Assembly;
"specified matter" means, in relation to the government of the island of Nevis,
a matter specified in schedule 5 to this Constitution.
(2) In this Constitution references to an office in the public service shall
not be construed as including-
a) references to the office of the Speaker or Deputy Speaker, the Prime
Minister or any other Minister, a Parliamentary Secretary or a member of the
National Assembly;
b) references to the office of the president of the Nevis Island Assembly, the
Premier or any other member of the Nevis Island Administration or a member of
the Nevis Island Assembly;
c) references to the office of a member of any Commission established by this
Constitution or a member of the Advisory Committee on the Prerogative of Mercy
or a member of that Public Service Board of Appeal;
d) references to the office of judge or officer of the Supreme Court; or
e) save in so far as may be provided by Parliament, references to the office of
a member of any other council, board, panel, committee or other similar body
(whether incorporated on not established by or under any law:
(3) In this Constitution-
a) references to this Constitution, the Supreme Court Order, the British
Nationality Act 1948 of the British Nationality Act 1981, or any provision
thereof, include, unless otherwise provided, references to any law altering
this Constitution or that Order, Act or provision, as the case may be;
b) references to the Supreme Court, the Court of Appeal, the High Court and the
Judicial and Legal Services Commission are references to the Supreme Court, the
Court of Appeal, the High Court and the Judicial and Legal Services Commission
established by the Supreme Court Order;
c) references to the Chief Justice have the same meaning as in the Supreme
Court Order;
d) references to a judge of the Supreme Court are references to a judge of the
High Court or of the Court or of the Court of Appeal and, unless the context
otherwise requires, include references to a judge of the former Supreme Court
of the Windward Islands and Leeward Islands; and
e) references to officers of the Supreme Court are references to the Chief
Registrar and other officer of the Supreme Court appointed under the Supreme
Court Order.
(4) In this Constitution "the specified qualifications" means the professional
qualifications specified by or under any law, one of which must by held by any
person before he may apply under that law to be admitted to practice as a
barrister or a solicitor in Saint Christopher and Nevis:
(5) For the purposes of this Constitution, a person shall not be regarded as
holding an office by reason only of the fact that he is in receipt of a pension
or other like allowance.
(6) In this Constitution,unless the context otherwise requires, a reference to
the holder of an office by the term designating his office shall be construed
as including, to the extent of his authority, a reference to any person for the
time being authorized to exercise the functions of that office.
(7) Except in the case where this Constitution provides for the holder of any
office thereunder to be such person holding or acting in any other office as
may for the time being be designated in that behalf by some other specified
person or authority, no person may, without his consent, be nominated for
election to any such office or be appointed to or to act therein or otherwise
be selected therefor.
(8) References in this Constitution to the power to remove a public officer
from his office shall be construed as including references to any power
conferred by any law to require or permit that officer to retire from the
public service:
Provided that-
a) nothing in this subsection shall be construed as conferring on any person or
authority the power to require the Director of Public Prosecutions or the
Director of Audit to retire from the public service; and
b) any power conferred by any law to permit a person to retire from the public
service shall, in the case of any public officer who may be removed from office
by some person or authority other thana Commission established by this
Constitution, vested in the Public Service Commission.
(9) Any provisions in this Constitution that vest in any person or authority
the power to remove any public officer from his office shall be without
prejudice to the power of any person or authority to abolish any office of to
any law providing for the compulsory retirement of a public officers generally
or any class of public officer on attaining an age specified by or under that
law.
(10) Where this Constitution vests in any person or authority the power to
appoint any person to act in, or to exercise the functions of, any office if
the holder thereof is himself unable to exercise those function, no such
appointment shall be called in question on the grounds that the holder of the
office was not unable to exercise those functions.
(11) No provisions of this Constitution that any person or authority shall not
be subject to the direction or control of any other person or authority in the
exercise of any function under this Constitution shall be construed as
precluding a court of law from exercising jurisdiction in relation to any
question whether that person or authority has exercised those functions in
accordance with this Constitution or any other law.
(12) Without prejudice to section 14 of the Interpretation Act 1978 (a) (as
applied by subsection (17) of this section), where any power is conferred by
this Constitution to make any proclamation, regulation or rule or give any
direction or make any designation, the power shall be construed as including
the power, exercisable in like manner and subject to the like conditions, if
any, to amend or revoked any such proclamation, regulation, rule direction or
designation.
(13) Subject to subsection 3(a), any reference in this Constitution to a law
made before 19th September 1983 shall, unless the context otherwise requires,
be construed as a reference to that law as it has effect immediately before
that date.
(14) Int his Constitution references to altering this Constitution or any other
law, or any provisions thereof, include references-
a) to revoking it with or without re-enactment thereof of the making of
different provision in lieu thereof;
b) to modifying it whether by omitting or amending any of its provisions or
inserting additional provisions in it or otherwise; and
c) to suspending its operation for any period or terminating any such
suspension.
(15) In this Constitution any reference to a time when Her Majesty is at war
shall be construed as a reference to a time when Saint Christopher and Nevis is
engaged in hostilities with another country.
(16) In this Constitution any reference to land or buildings vested in the
Crown includes a reference to any land or buildings vested in any person or
authority in trust for, or otherwise on behalf of,the Crown-
(17) The Interpretation Act 1978 shall apply, with the necessary adaptations,
for the purpose of interpreting this Constitution and otherwise in relation
thereto as it applies for the purpose of interpreting and i relation to Acts of
the Parliament of the United Kingdom.
Text of modified provisions.
120.- (1) The provisions of this Constitution that are applied with
modifications in relation to the Nevis Island Assembly or the Nevis Island
Administration by section 104 of 108 are reproduced with those modifications in
schedule 6.
(2) If any of the provisions applied with modifications by section 104 or 108
are altered, the Governor-General may by order make corresponding alterations
to schedule 6.