Federation of Saint Kitts and Nevis / Federación de San Kitts y Nevis 1983 Constitution Constitución de PDF

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Page 1 of 106 Federation of Saint Kitts and Nevis / Federación de San Kitts y Nevis 1983 Constitution Constitución de 1983 Last updated / Ultima actualización: August 17, 2005 STATUTORY INSTRUMENTS 1983

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Page 1 of 106 Federation of Saint Kitts and Nevis / Federación de San Kitts y Nevis 1983 Constitution Constitución de 1983 Last updated / Ultima actualización: August 17, 2005 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 Arrangement of Order Section Page Citation and commencement 1 Revocation. 2 Establishment of Constitution 2 Preparatory measures 2 SCHEDULES PAGE THE CONSTITUTION OF SAINT CHRISTOPHER 3 AND NEVIS TRANSITIONAL PROVISIONS 116 At the Court at Buckingham Palace, the 22nd day of June 1983 Present, The Queen's Most Excellent Majesty in Council Whereas the status of association of Saint Christopher and Nevis with the United Kingdom will terminate on 19th September 1983 and it is necessary to establish a new constitution for Saint Christopher and Nevis upon its attainment of fully responsible status within the Commonwealth: And whereas the associated state of Saint Christopher and Nevis has, by a resolution passed in the House of Assembly thereof on 16th March 1983, requested and consented to the making of this Order for that purpose: Now, therefore, Her Majesty, by virtue and in exercise of the powers vested in Her in that behalf by Page 2 of 106 section 5(4) of the West Indies Act 1967 (a), is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered as follows: 1. Citation and commencement. 1.- (1) This Order may be cited as the Saint Christopher and Nevis Constitution Order (2) This Order shall come into operation on 23rd June The Saint Christopher, Nevis and Anguilla Constitution Order 1967(a), which made provision for the constitution of the associated state of Saint Christopher and Nevis (formerly until 19th December 1980 Saint Christopher, Nevis and Anguilla), is revoked with effect from 19th September The Constitution of Saint Christopher and Nevis set out in schedule 1 to this Order shall come into effect in Saint Christopher and Nevis on 19th September 1983 subject to the transitional provisions set out in schedule 2 to this Order. 4.- (1) Delimitation of the boundaries of the electoral districts in the island of Nevis and the election of members of the Nevis Island Assembly to represent those electoral districts may take place at any time after the commencement of this Order although the constitution referred to in section 3 (in this section referred to as the new constitution) has not yet come into effect but no persons so elected as members of the Assembly shall take their seats in the Assembly until the new constitution comes into effect under that section. (2) Until the new constitution comes into effect the Governor and any other officer or authority of the associated state of Saint Christopher and Nevis may perform any function conferred by the new constitution upon the Governor-General or, as the case may be, the corresponding officer or authority to such extent as may be necessary or expedient for the purpose of giving effect to subsection (1) in conformity with the terms of the new constitution and the transitional provisions in schedule 2 to this Order and in particular (without prejudice to the generality of the foregoing provisions) the Governor may for that purpose by order make any such provision for any matter relating to the registration of voters and the holding of elections as could be made by Parliament under the new Constitution. (3) Any procedures begun in pursuance of subsection (1) may be continued after the new constitution comes into effect in accordance with its provisions and those of schedule 2 to this Order. (signed) N.E. Leigh, Clerk of the Privy Council. Section 1. The Federation and its territory. 2. Constitution is supreme law. SCHEDULE I TO THE ORDER THE CONSTITUTION OF SAINT CHRISTOPHER AND NEVIS Arrangement of sections CHAPTER I THE FEDERATION AND THE CONSTITUTION Page 3 of 106 CHAPTER II PROTECTION OF FUNDAMENTAL RIGHTS AND FREEDOMS 3. Fundamental rights and freedoms. 4. Protection of right to life. 5. Protection of right to personal liberty. 6. Protection from slavery and forced labour. 7. Protection from inhuman treatment. 8. Protection from deprivation of property. 9. Protection from arbitrary search or entry. 10. Provisions to secure protection of law. 11. Protection of freedom of conscience. 12. Protection of freedom of expression. 13. Protection of freedom of assembly and association. 14. Protection of freedom of movement. 15. Protection from discrimination on the grounds of race etc. 16. Emergency measures derogating from s.5 or Protection of persons detained in derogation from s Enforcement of protective provisions. 19. Declaration of emergency. 20. Interpretation and savings. 21. Establishment of office. 22. Acting Governor-General. 23. Deputy to Governor-General. 24. Oaths. CHAPTER III THE GOVERNOR-GENERAL CHAPTER IV PARLIAMENT PART I Composition of Parliament 25. Establishment. 26. National Assembly. 27. Qualifications for Representatives and Senators. 28. Disqualifications for Representatives and Senators. 29. Election of Representatives. 30. Appointment of Senators. 31. Tenure of office of Representatives and Senators. 32. Speaker and Deputy Speaker. 33. Electoral Commission. 34. Supervisor of Elections. 35. Clerk of National Assembly and his staff. 36. Determination of questions of membership. PART 2 Legislation and procedure of Parliament 37. Power to make laws. 38. Alteration of Constitution and Supreme Court Order. Page 4 of Oath. 40. Presiding. 41. Voting. 42. Mode of exercise of legislative power. 43. Restrictions with regard to certain financial measures. 44. Regulation of procedure in National Assembly. 45. Freedom of speech. 46. Sessions. 47. Prorogation and dissolution. 48. Holding of elections. 49. Constituency Boundaries Commission. 50. Review of constituency boundaries. 51. Executive authority. 52. Ministers. 53. Cabinet. 54. Allocation of portfolios. 55. Absence or illness of Prime Minister. 56. Exercise of Governor-General's functions. 57. Governor-General to be kept informed. 58. Leader of the Opposition. 59. Parliamentary Secretaries. 60. Oaths. 61. Permanent Secretaries. 62. Secretary to Cabinet. 63. Constitution of offices etc. 64. Attorney-General. 65. Control of public prosecutions. 66. Prerogative of mercy. 67. Committee on Prerogative of Mercy. 68. Functions of Committee. PART 3 Summoning, prorogation and dissolution PART 4 Delimitation of Constiuencies CHAPTER V THE EXECUTIVE CHAPTER VI FINANCE 69. Consolidated Fund. 70. Withdrawals from Consolidated Fund or other public funds. 71. Authorisation of expenditure from Consolidated Fund by appropriation law. 72. Authorisation of expenditure in advance of appropriation. 73. Warrants for unforeseen expenditure. 74. Remuneration of certain officers. 75. Public debt. 76. Audit of public accounts etc. Page 5 of Public Service Commission. 78. Appointment etc. of public officers. CHAPTER VII THE PUBLIC SERVICE PART 1 The Public Service Commission PART 2 Appointment etc. to particular offices 79. Appointment etc. of permanent secretaries and certain other officers. 80. Attorney-General when a public officer. 81. Director of Public Prosecutions. 82. Director of Audit. 83. Appointment etc. of magistrates, registrars and legal officers. 84. Police Service Commission. 85. Appointment etc. of police officers. PART 3 The Police PART 4 The Public Service Board of Appeal 86. Public Service Board of Appeal. 87. Appeals to Public Service Board of Appeal. PART 5 Pensions 88. Pensions laws and protection of pensions rights. 89. Power to withold pensions etc. CHAPTER VIII CITIZENSHIP 90. Persons who become citizens at independence. 91. Persons who become citizens after independence. 92. Registration. 93. Dual citizenship. 94. Acquisition, renunciation, certification and deprivation. 95. Interpretation. CHAPTER IX JUDICIAL PROVISIONS 96. Original jurisdiction of High Court in constitutional questions. 97. Reference of constitutional questions to High Court. 98. Appeals to Court of Appeal. 99. Appeals to Her Majesty in Council. CHAPTER X THE ISLAND OF NEVIS Page 6 of Nevis Island Legislature Nevis Island Assembly Nevis Island Administration Power to make laws Provisions applied with modifications Exercise of Governor-General's functions Responsibilities of Administration Public safety and public order Finance Staff Revenue allocation Grants and loans Disputes between Administration and Government Separation of Nevis from Saint Christopher Interpretation. CHAPTER XI MISCELLANEOUS 115. Secession of Nevis Functions of Governor-General Resignations Re-appointment and concurrent appointments Interpretation Text of modified provisions. SCHEDULES 1. PROVISIONS REFERRED TO IN SECTION 38(3). 2. RULES FOR DELIMITATION OF CONSTITUENCIES. 3. ALTERATIONS IF NEVIS SECEDES. 4. FORMS OF OATH. 5. LEGISLATIVE POWERS. 6. TEXT OF PROVISIONS APPLIED WITH MODIFICATIONS. THE CONSTITUTION OF SAINT CHRISTOPHER AND NEVIS WHEREAS the People of Saint Christopher and Nevisa) 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 well-being 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 Page 7 of 106 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 comprised 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 say, 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, namelya) 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 are 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 save 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. Page 8 of 106 (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 justifiablea) 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 saya) 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 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 mind, 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 Page 9 of 106 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 detaineda) 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 or 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 court 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 convicted 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 includea) any labour required in consequence of the sentence or order of a court; Page 10 of 106 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 the 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 possess
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